FROM THE LIBRARY OF REV. LOUIS FITZGERALD BENSON. D. D. BEQUEATHED BY HIM TO THE LIBRARY OF PRINCETON THEOLOGICAL SEMINARY Division Section / ,^ ( 1 rilK BOOKE OK THK UMVKRSALL KIHK OF SCOTLANJ). THE BOOKE ^ MAR 24 1932 UNIVERSALL KIRK OF SCOTLAND: THE HEADIS AND CONCLUSIONIS OEVYSIT BE THE MINISTERS AND COMMISSIONARIS OF THE PARTICULAR KIRKS THEREOF, ARE SPECIALLY EXPRESSED AND CONTAINED. EDITEJJ BY ALEXANDER PETERKIN, ESQ. I.ATE SHERIFF-SUBSTITUTE OF OUKNEY. EDINBURGH: THE EDINBURGH PRINTING AND PUBLISHING CO.; AND WILLIAM BLACKWOOD AND SONS. GLASGOW : J. SMITH & SON ; AND MAURICE OGLE. PERTH : JAMES DEWAR. ABERDEEN : A. BROWN & CO. ; G. CLARK & SON ; AND L. S3IITH. LONDON : SMITH, ELDER, AND CO. M.DCCC.XXXIX. KniNv.ci'.r.Tt j'niNTi>;(i ri»irANV, PREFACE. BOOKE OF THE UNIVERSALL KIRK. The printing of this, the earliest Record of the Reformed Church in Scotland, has now reached a period in the history of that Church, which renders it fitting that this impression should be accompanied with a more precise statement than has yet been given of its character and its fate. For many years past, Dr Lee, Principal Clerk of the Gene- ral Assembly, made strenuous, but ineffectual, exertions, to recover for the Church, the original Record of the period ex- tending from 15G0 to 1616. That Record, which is known to historians by the title of the " Booke of the Universall Kirk," had been surreptitiously purloined, and found its way into the hands of the Trustees of Sion College, in London; and although hopes were latterly entertained that their restoration to the Church might be effected, these hopes are now at an end. During the investigations which were instituted by a Committee of the House of Commons, on the subject of Church Patronage in Scotland, in the year 1834, three vo- lumes of the Record were produced by the official custodier of them, for the consideration of that Committee. Their authen- ticity was established by the testimony of Dr Lee, and other competent judges ; and the Committee having suspended its investigations, and made a report of the evidence which it had obtained, these Books were left in the keeping of the clerks, and perished in the great conflagration by which the Houses of Parliament were consumed, on the 16th of October 1834. Such is briefly the history of the valuable Record of which these pages contain many of the earlier Acts and proceedings in the Church of Scotland. n PREFACE. It is natural to suppose, that, during the first century of its existence, the political and ecclesiastical revolutions which took place in Scotland subsequently to the year 1560, the Re- cords of the Church could not escape unscathed amid the tur- moils of conflicting factions in Church and State. It appears from the MS. Abbreviates* still extant, that, betwixt the years 1580 and 1587, the earlier portions of the General Assembly's Registers, filling five volumes, had passed into the hands of Adamson, Bishop of St Andrews, and had suffered mutilation (were " mankit") by him, or, as has been alleged, by his Royal Master, King James VI., in order to destroy the proofs of sub- mission by certain Prelates to the jurisdiction of the General Assembly. During a certain space, however, it is proved that they were not in possession of the Church or its Officers ; and when, in the years 1586 and 1587, the custody of the Books was reclaimed by the Assembly, they were allow^ed by the King's Commissioner to be exhibited to that Judicatory, — but with a proviso, that at the close of each sederunt, they were to be redelivered to the Lord Privy Seal.f There is no satisfac- tory evidence known to us with respect to the custody of these Books during the space which elapsed till the year 1638, when they were again recovered by the Presbyterian Church — fully authenticated — and once more restored to the custody of the Clerk of Assembly as the legitimate custodier. | The subsequent history of these volumes — the best, perhaps, that can now be given — is to be found in a " Statement" con- • 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 sub- stantially and truly fair transcripts from the original Record. This, however, is not the place to discuss this point. f Vide pages 203, 207, 314, 315. \ See printed Acts of Assembly, 1638, 1639, and " Records of Kirk of Scot- laud," pp. 22, 23, and 205. PREFACE. Ul cerning them, drawn up by Dr John Lee, the present Clerk of the General Assembly, in 1828, and printed in 1829, with the view of effecting the recovery of these Registers from the Trustees of Sion College, who, as already stated, had obtained possession of them. Dr Lee having kindly communicated a copy of that " Statement," we gladly avail ourselves of the opportunity of embodying it entire on this occasion. *' Statement concerning three Volumes of the Earliest Records of the Church of Scotland, now deposited in Sion College, London. " A few years ago, a Committee of the General Assembly of the Church of Scotland was appointed for the purpose of collecting and recovering the various Manuscripts, connected with their Ecclesiastical Establishment; and, among other ob- jects to which this Committee were desired to direct their at- tention, they were specially instructed to print the ancient Re- cord, entitled, ' The Book of the Universal Kirk of Scotland.' " It has been discovered that this Book, extending to three volumes, is extant in the Library of Sion College, London. But after much correspondence, and repeated applications, not only do the Governors of the College refuse to restore the volumes upon any terms, but even to permit a copy of the work to be taken, or allow a collation with the partial Ab- breviates of it preserved in Scotland ; the College stating, that they would not be justified in so doing, under the Deed of Trust by which the possession of these volumes was acquired by the College. " There is no difficulty in proving that the volumes in ques- tion were laid on the table of the General Assembly which met at Glasgow in 1638 ; and that they were pronounced by that Assembly to be true and authentic Registers of the Kirk of Scotland. The reasons proving their authenticity are in- serted in the manuscript journals of that Assembly, and also, in a very satisfactory form, in the printed Acts of the Genera Assembly of the Church of Scotland, of that year. The de- iv PREFACE. scriptions are so minute as to establish the identity of all the volumes which are still extant. The attestation of the Clerk is superscribed at the beginning, and subjoined to the end of the first volume, in these words : — ' This is the great Volume aprovin be the General Assemblee at Glascow, in November, 1G38. A. Jhonston, Cl^ EccL' The autograph of this Clerk is to be seen on various documents in possession of the Gene- ral Assembly, and particularly on the copy of the printed Acts of the Assembly of 1638, in the custody of the present Clerk. The other volumes have the well known signature of a Clerk, named ' Thomas Nicolson.' " It is understood, that, in 1649, the Books were transferred to the charge of Mr Andrew Ker, Clerk of the Assembly ; and that, in 1652, most, if not the whole, of the originals were for some time entrusted to Lord Balcarras. During the troubles of the succeeding period they were concealed in the house of a private individual till the year 1677, when they were put into the hands of Bishop Paterson (of Edinburgh), who retained them till after the Revolution. The account of their discovery and subsequent fate may be seen in Keith's History of the Church and State of Scotland ; but it appears from a paper preserved in the Advocates' Library in Edin- burgh, and published in the Appendix to Dr M'Crie's Lives of William Veitch and George Brysson, that Keith's narra- tive is not altogether correct in every particular. " After the Revolution some of the volumes and papers were delivered up to a son of the former Clerk, Mr Secretary Jhonston, who lent some of them to his cousin, Bishop Bur- net, and others to Mr George Ridpath, who, about that time, undertook to write a history of Scottish affairs. Three vo- lumes fell into the hands of a person whose grandfather had been the intimate friend of Sir Archibald Johnston, and had, like him, been executed as a traitor. This person was the Honourable and Reverend Archibald Campbell, grandson of the Marquis of Argyle, and son of Lord Neil Campbell. Mr Campbell was several years known as an l']piscoj)alian Clergy- man, and subsequently as one of the non-juring Bishops in PREFACE. V Scotland. During the latter part of his life he resided chiefly in England, without being in communion with the Church of England, and without maintaining any intercourse with the Episcopalian body in Scotland, to which he had been origi- nally attached. " About the year 1733, a correspondence was opened be- tweeu him and Mr William Grant, Procurator and Clerk of the Church of Scotland (afterwards Lord Prestongrange), on the subject of the records in Mr Campbell's possession. Mr Campbell offered to surrender these records on certain terms, which did not appear to Mr Grant to be reasonable or equitable. He demanded a large sum of money for the resti- tution of the volumes to which he never had acquired any right of property, and even this sum he would not accept till the Books had been published, as was proposed, under his su- perintendence, on the understanding that no member of the Church of Scotland was to be suffered to revise the sheets as they passed through the press. *' It could scarcely be expected that these and other humi- liating conditions would be acceded to without hesitation ; and while the negotiation was still in progress, Mr Campbell, as he had sometimes threatened to do, took a step which was in- tended to put the Books for ever beyond the reach of the Church of Scotland, by entering into a deed of trust or cove- nant with the Presitlent and Fellows of Sion College, the terms of which do not appear to be accurately known to any mem- ber of the Church of Scotland, but the effect of which has undoubtedly been to detain these Records from their lawful owners for nearly a century past. " It is unnecessary to add, that the hardship is deeply felt by all the members of the Church of Scotland, who are aware of the importance of these Books, not merely as the only sure and satisfactory memorials of the course of Ecclesiastical affairs in the times immediately succeeding the Reformation, but also because they are capable of shedding additional light on a most interesting and instructive portion of our Civil history. '* In these circumstances, the General Assembly have deem- vi PREFACE. ed it necessary, as a last resource, to make an application to Parliament by petition, in the hope that some means may be devised by the wisdom of the Legislature, for relieving the Members of Sion College from the restraint under which they feel themselves, and enabling them to do that which they must, as an act of justice, wish to do, — to restore to the Church of Scotland these ancient Records, which, however acquired by the College, the Church of Scotland still consider to be their own property. " John Lee, CI. Eccl. Scot. "55, Parliament Street, Westminster, June 20, 1828." The authenticity and authority of " The Booke," as now for the first time fully printed from the copies in the Ad- vocates' Library, (so far as it exists in a continuous and con- nected form,) becomes, since the originals are lost, a subject of grave inquiry. It is our purpose, in the Notes and Illus- trations to be appended to the present Edition, to collect and point out all the evidence attainable on this point — to supply from other sources the portions which are wanting in the text — and to note any seeming discrepancies among the several transcripts and Abbreviates. This must necessarily be a work of careful research and considerable labour ; requiring some time for its accomplishment. In the meanwhile, however, we may state briefly some of the leading evidences of authenticity on which we rely, in concluding, that what is now printed possesses a character of authenticity. 1. The Acts of Assembly, 1638, and subsequent years, (which are of unquestioned authenticity,) approve of, reiterate, and re-enact many of the most important statutes contained in the old Registers, which those Assemblies had in their pos- session ; and these, as re-enacted, coincide, so far as they go, with the terms of the original Acts as now printed.* • Vide Acts of Asseinbly, 1638, and " Records of the Kirk of Scotland," Acts, Sessio 7, Nov. 28, p. 22; Sessio IG, Dec. 8, p. 28; Scssio 23, 2'V, Dec. 17, 18, p. .34., &c. PREFACE. vn 2. In Collier's Ecclesiastical History of Great Britain, we find a most important corroboration to the same eifect. He was a contemporary of Archibald Campbell, already referred to, and had access to the original Registers recently burnt, as ap- pears from numerous marginal references to and quotations from them. Thus (vol.ii. p. 700) he refers to " MS. Acts of the Assembly, penes Mr Archibald Campbell, Armig. ;" and there are very many other references to the same MS. record,* as the source whence he derived numerous Acts and documents embodied in his work. These, too, substantially and closely, coincide with the text as now published. 3. Archbishop Spottiswood, in his History, (and he had full access to the original records,) in like manner transfers many extracts to his pages. 4. Bishop Keith, in his History of the Church and State in Scotland, incorporates a great portion of the " Booke," during the first seven years of the existence of the Reformed Church — all agreeing (except trifling variations in orthography) with the extant MS. Abbreviates ; and Knox's History coin- cides substantially with Keith's. 5. But David Calderwood, who had full access to the Re- gisters, in his larger History and Collections, (MS.) gives the most ample transcripts from the originals that are any where to be found ; and he further supplies many particulars from those Registers which the Abbreviates do not contain, but which are of material importance to the elucidation of the pro- ceedings in the Assemblies of the Church. 6. Petrie, in his History of the Church (Universal) from 600 to 1600, embodies a very great portion of the Booke of the Kirk from the first Assembly downwards ; and he refers expressly, as his authority for so doing, to " An Extract of the Acts of the ISationall Assemblies," (p. 242,) — the Acts, which he embodies very copiously, being identical in all re- spects with those in the present Edition. The copy of his work now before us was printed at the Hague in 1662, imme- • Pp. 500, 307, 313, 323, 534, 358, 360, 562, 567, 572, 574, 589, 598, 668. Viu PREFACE. diately after tlie Restoration of Charles II.; — Petrie being " Minister of the Scots Congregation at Rotterdam," wlien his History was published. That work is one of the most con- clusive vouchers of the authenticity of the " Booke," — his transcripts being given from an Extract, authenticated, of course, by the Clerk of Assembly. We have thus, what is next to the best evidence (viz. the Registers themselves) in support of the authenticity of our publication — the concurrent testimony of three Episcopalian and two Presbyterian Historians, in proof of the general fidelity of the transcripts which remain; and the force of such evidence is strengthened by the consideration, that all their works were published while the originals were yet in existence, and could have been resorted to for the correction of any errors, whether wilful or accidental. In justice to the Church of Scotland and to Dr Lee, the Editor of this publication feels himself called on to add such particulars with regard to the attempts made for the re- covery of the Registers, as are to be found in the recent Acts of the General Assembly, within the last twenty years. With- out pretending to enter into any detail of the great and zealous exertions of Dr Lee for the recovery of our Church Records, (exertions for which it owes him a deep debt of gratitude,) we shall merely note a few of the Minutes of the Assembly refer- able to this matter since the year 1820. At the Assembly of that year, the " Report of the Com- mittee upon the Manuscripts belonging to the Church [was] called for, which was given in at great length by Dr Lee, Convener of the said Committee. The Assembly highly ap- prove of the Report, and of the zeal and diligence of the Com- mittee. They renewed the appointment of the Committee, and recommended to their attention the written Report now laid upon the Assembly's table." — " Upon a motion, the un- animous thaidts of the Assembly were given from the chair to Dr Lee, for the extraordinary labour to which he had sub- mitted in prosecuting the inquiries of the Committee." The year following a similar approval took place ; and in PREFACE. IX 1822, the Assembly *' renewed the appointment of the Com- mittee, and direct them to continue their labours ; and in par- ticular, they authorised them to continue their correspondence with the members of Sion College, respecting access to cer- tain manuscripts in the said College, formerly belonging to the Church ; and they direct the Moderator to convey to the Lord Bishop of London an expression of the sense which they entertain of his Lordship's polite attention to the communi- cation made to him by the Committee on this subject." At the Assembly of 1823, the Committee was approved and renewed; "and the Assembly instructed the Committee to get printed what is usually called ' The Book of the Univer- sal Kirk,' if they shall find, upon inquiry, it can be done with- out encroaching upon the funds of the Church." Passing over some of the intermediate years, we find in the Acts of 1828, that the Report of the Committee on the MSS. of the Church was called for, and given in by Dr Lee, the convener. " The Assembly approve of the Report, and re- appoint the Committee. It was moved, seconded, and unani- mously agreed to, that with a view to the recovery of the an- cient Records of this Church, which have long been deposited in Sion College, London, a Petition be presented to both Houses of Parliament, stating the claims of the Church to the property of these volumes, and praying that, in the wisdom of Parliament, some means may be devised, of securing either the restitution of the originals, or at least a complete and authen- ticated transcript of the whole. The draft of a Petition having been produced, was approved, and ordered to be extended, subscribed by the Moderator, and sealed with the seal of the Church," &c. In 1829, " it was moved, seconded, and unanimously agreed to, that, in addition to the former Committee, which is hereby renewed, the Assembly appoint a small Committee, to watch over and prosecute the very important object of recovering the interesting record, entitled ' The Buik of the Universall Kirk of Scotland,' and to take what steps they may find necessary b X PREFACE. for this purpose. It was also moved, seconded, and unani- mously agreed to, that the Moderator be instructed to return the thanks of the General Assembly to Dr Lee, for the great and unwearied zeal, attention, and exertions which he has be- stowed on the subject of the MSS. of the Church, and in re- gard to the claims made for the Records in Sion College." In 1833, the Committee was renewed, *' with instructions to use their best endeavours to find accommodation for the Books and MSS. belonging to the Church under the roof of St Giles's Church, if possible; and to use all diligence to recover the Records in Sion College." And in the Assembly of 1834, Dr Lee, as convener, on giving in its Report, stated, " That there is now a near prospect of obtaining the restitution of the three volumes of the early records of the Church, which have long been deposited in the library of Sion College." Only a few days previously to this favourable report being made, (viz. May 2, 1834,) the Assistant Librarian of Sion College, who had been summoned by a Committee of the House of Commons, appeared before it, and was ordered to produce the Books. On the 5th he produced them — Dr Lee, Principal Macfarlan, and others, having previously, in April, inspected and borne evidence to their authenticity.* They were burnt on tlie 16th of October following. It were idle now to indulge in unavailing regrets and reflec- tions on this unfortunate result ; and the present attempt is made, in as far as that is possible, to repair the loss which has thus been sustained by the Church and the country. We take the liberty of deducing a practical inference from this calamity — that no time should be lost in securing for the remaining Records of the Church a place of safe deposit. This surely is attainable in the metropolis of Scotland ; and we trust it will be one of the first acts of the ensuing General Assembly, to adopt the requisite measures for this purpose, and to order the List of MSS. in the repositories of the Church • Report of Committee on Church Patronage — Scotland, pp. 355 — 375, 450, 451. PREFACE. XI (which was given in by Dr Lee some years ago) to be printed, for the information of all its members, before ihe Assembly be dissolved. We cannot conclude these notices more appropriately than by transcribing the following testimony, borne by Dr Lee to two distinguished Prelates of the Church of England, in con- nexion with this subject, and subjoining an extract from one of his admirable Reports : " The late Bishop of London, now Archbishop of Canter- bury, and the present Bishop of London, through whom I made many applications, did all that was in their power to forward the object; and if their advice had been promptly followed by the College, we would have had the Books in our possession ten years ago. Indeed, the conduct of these Prelates reflected on them the highest honour." In concluding his Report to the Assembly in May 1820, in reference to these ancient Registers of the Church, Dr Lee thus remarks — « They exhibit the real character of the internal government of this national church. They display the operation of the principles by which the first Reformers and their immediate successors were actuated. They demonstrate that these men were not more distin- guished by zeal for truth, than by loyalty to the head of the govern- ment, attachment to true principles, (I do not say of toleration — for that was a term which they certainly did not employ or approve) — of religious liberty and civil subordination. They bear testimony to the strictness and impartiality of ancient discipline. They vin- dicate the character of those illustrious men whose names have been unjustly aspersed, but who, both by their doctrines and their lives, — by their unwearied exertions and their patient sufferings, — left an example, not indeed of faultless excellence, but assuredly of the most noble, magnanimous, and fearless adherence to the standards of our constitution. " These Registers also contain much that is capable of correct- ing erroneous representations of historical facts with regard to the internal state of the kingdom — the institutions, habits, and customs, as well as the morals of the people, and the spirit which was most xu PREFACE. prevalent at particular periods in various districts of the land. They prove, bej'ond all controversy, that our Reformers, instead of hav- ing been at first actuated by an unrestrained spirit of innovation, were rather, in some respects, disposed to retain too much than to reject too much of the practices of the church from which they had sepa- rated, and that this very circumstance prevented them from ever attaining that independence at which they aimed. At the same time, they prove, that from the very first moment, it was the de- termined object of the leaders of the Reformation, to establish such a Presbyterian Government, as was at last, with the utmost difficulty completed ; — and that even when the name of bishop was intro- duced, the persons holding that title sat in the General and Pro- vincial Assemblies in no higher rank than the humblest presbyter > and in the Kirk-Sessions were named after the parochial minister, under the designation of elder. " In addition to all this it may be stated, that, though these docu- ments were less productive of instruction than they are, they well deserve to be preserved with care, as the most venerable remnants of a distant age — as the earliest annals of our infant church, as the (almost sacred) relics — not of canonized saints indeed — but of con- fessors and martyrs, who counted not their lives dear to them ; and who, when they thought it necessary, never shrunk from sealing their testimony with their blood. And if I am again asked — What is the use of attending to these perishing monuments of a period of little refinement? — I have only to answer, that with all my antiqua- rian propensities, and all my admiration of what is great and mag- nificent in the works of art, and all my reprobation of the violence which impelled some of our Reformers to demolish the solemn tem- ples which they considered as the shrines of idolatry, and the recep- tacles of antichristian intruders, — I would much rather share in the disgrace of these acts of violation, than destroy or deface one shred or fragment of these frail memorials of despised and almost forgotten worth, which bear the impress of zeal for piety and learn- ing, loyalty and patriotism, liberty and truth, — and which more conspicuously than even the uplifted banner of the Covenant, pre- sent the seal and superscription of glory to God, and good will to man — peace to the church, and happiness to the state." THE BOOKE UNIVERSALL KIRK OF SCOTLAND : WHERIN THE HEADS AND CONCLUSIONS DEVYSIT BE THE MINISTERS AND COMMISSIONARIS OF THE PARTICULAR KIRKS THEREOF ARE SPECIALLY EXPRESSED AND CONTAINED. [FIRST GENERAL ASSEMBLY.] The Names of the Ministers and Commissioners of the parti- cular Kirkes of Scotland, conveened to consult upon these things, q^^ are to set forward God's Glory and the well of his Kirk in this Realme, in Edinburgh, the twenty day of December one thousand ffyve hundred and sixty years. John Knox, minister, James Barone, and Edward Houp, Commis- sioners for Edinburgh ; Christopher Guidman, minister, David Spens, and Mr Robert Kyn- pont, for Saint Andrews ; Master Johne Rowe, minister, for the Towne of Perth and Kirke thereof; William Darroch and William Norwell for the Towne of Striviling and Kirk thereof; Charles Drummond, Provest, James Wotherspoone, and Andrew Milne, for Linlithgow ; Hew Wallace of Carnall, Johne FuUartone of Dreghorne, and Charles Campbell of Sheldome, for the Kirks of Kyle ; A 2 BOOKE OF THE UNIVERSALL [1560. George Hoome of Spott for the Kirks of East Lowthiane ; David Lindsay, minister, Andrew Lambe, and Patrik Boyman, for Leith ; Williame Harlaw, minister, and Robert Fernelay of Braid, for St Cuthbert's Kirk; Williame Christiesone,*minister, George I ovell, and Williame Car- michael, for Dundie ; Alexander Guthrie of Halkartoune, and Williame Durhame of Grainge, for Forfar ; John Eskine of Dunne and Andrew Milne for Montrose ; The Laird of TuUyvaird and Fethercairne for the Kirks of Merns ; The Laird of Gairlies, Younger, for the Kirks of Nithsdaile ; Mr David Weyms for the Kirk of Carnbie ; Mr Walter Balfoure for the Kirk of Lintone ; Johne Browne, Thomas Boyd, and James Polwart, for Torphichen ; William Lambe, Williame Benole, for Dunbar; Jame Douglas, James More, for Calder Comites ; Mr Robert Wynrhame for Ratho ; Johne Kincaid for Kirklistoune. The Names of them quhilks the Ministers and Commissioners thinks most qualified for the ministring of the Word of God and Sacraments, and reading of the Commoun Prayers pub- licklie in all Kirks and Congregations, and given up be theme every one within their own bounds. In Kyle, for Reading, RankeneDavidsone, Richard Bannatyne, Robert Campbell, Hew Wallace, Andraw Lokhart, Andraw Chalmer, James Dal- rymple, Adame Landals, all Readers ; and Johne Chalmer, appointed to teache. In Saint Andrews, for Ministring and Teaching, Master Johue Rutherford, Williame Ramsay, James Wilkie, Ro- bert Hammiltoune, Patrik Coustaine, William Rynde, Williame Skeene, Archibald Hammiltoune, Alexander Arbuthnet, James Kirkaldie, David Collase, Williame Scott, David Weymes, Thomas Buchanan, David Spense, Robert Pont, Johne Wynrhame of Kirkness, Alexander Spense, Johne Woode, David Guild, and Robert Patersone. 1560.] KIRK OF SCOTLAND. 3 Uthers qii^ are thoght apt and able, be the Ministers and Commissioners foresaid, to Minister: — Johne Erskine of Dunne, Joline Fullartoune of Kynnabie, David Forres, Patrik Kinmonth, Mr James Melvill, Richard Melvill, Mr Johne Kellow, Robert Montgomrie, Johne Hep- burne, Thomas Hepburne, George Hepburne, and William Lambe, Mr Johne Ramsay, presentit be Sir Johne Borthwik, as Ministers for the Kirks of Aberdour and Torrie. 21st December 1560. The Ministers and Commissioners forsaids being assembled, — Finds that the Ministrie of the Word and Sacraments of God, and asssmblie of the people of the haill parochine of Restalrig, be within the Kirk of Leith ; and tliat the Kirk of Restalrig, as monument of Idolatry, be razed and utterly casten downe and destroyed. The questione being proponed anent marriage in second and uther degrees of consanguinitie, forbidden be the Pope to be so- lemnizat betwixt parties, — It is found, that, of the Law of God, mariage may be solemnizat betwixt parties, being of second, third, and fourth Degrees of Affinitie or Consanguinitie, and uthere sick as are not prohibited expresslie be the Word ; and, therefore, to desyre the Lords and Estates to interpone their authoritie, approve the same, and make Laws thereupon. 27th December 1560. The Kirk appointed the Election of the Minister, Elders, and Deacons, to be in the publick Kirk, and the Prcemonition to be upon the Sonday preceeding the day of electione. The Kirk appointed that, to the punisliment of fornication, the Law of God be observed, publick repentance to be made be them that shall use carnall copulatione betwixt the Promise and Solemni- zation of the mariage. That all such as has been in the ministrie of the Paip's Kirk, good and well conditioned persons, that they shall live upon the almes of the Kirk with the number of the Poore. Consented be the Kirk, that none be put in judiciall offices to be Magistrates, as Provist, Baillies, and Officers of Towns, exceptand 4 BOOKE OF THE UNIVERSALE [1560. tliem who are knowne to be plain and true Professors of the Evan- gell. It is also thought expedient, that earnest supplication be made to the Estates of this Realme in Parliament, and to the Lords of Secret. Councill, that all judges ordinary, and officers judiciall, sick as the Lords of Secret Councill, Sheriffis, Stewarts, Baillies, and uthers Judges, be Professours of the Treuth, of the trew Word of God ; and all Ministers thereof to be removet from sick offices, according to the Civill Law. To ask at the Estates of Parliament and Lords of Secret Councill, for eschewing of the Wrath and Indignatione of the Eternall God, and removeing of the Plagues threatned in his Law, that sharp punishment be made upon the Persones underwrittin, and uthers Idolaters and Maintainers thereof, in contempt of God, his true Religioun, and also of Parliament, whilk sayes and causes Masse to be said, and are present thereat, within the places following: — In NiTHESDALE and Galloway, The Pryor of Whittorne and his Servants in Cruightoune ; The Laird of Carswell in Carswell ; The Laird of Carleil ; The Laird of Kirnichael, who causes Masse dayly to be said and Images to be holdin up, and Idolatrie to be maintained within his Bounds. In Fyfe, The Laird of Balwerie and Lathrisk ; Mr Johne Scrymgeour's wife. In Kyle, Carrick, and Cunninghame, The Erles of Eglintoune and Cassills ; William Hamilton of Cambus Keith; the Abbot of Corsraguell; the Parochiners of Mayboll, Gariane, Oswald, and Divley, within the whilk kirks Masse is openly said and maintained. In East Louthiane, Johne Carbettle in Margill causses Masse daylie to be said ; the old Ladie Hoome in Thornetoune ; the Curat of Currie for abuseing the Sacraments. In the Forrest of Etrick, The Goodman of Gallowschields, who not only causes Masse to be said, but also maintains the sayers thereof, who are Enemies to God and his Truth, and therefore were exylit out of Edin- burgh. 1561.] KIRK OF SCOTLAND. 5 The Kirks conveened continows this their Assembly till the 15th day of Januarie nixt to come, and hes thought expedient that the said day ane commissioner at the leist be sent for every kirk, for requireing of such things of the Parliament as shall be thoght for the well of the holy Kirk ; and every Commissioner present per- mitts to come themselves, or cause some others frae the Kirk the said day to the Burgh of Edinburgh, to the effect foresaid ; and ordains every Commissioner, alswell of lovvns as of paroch kirks to landward, to bring ane roll with them of the haill teynds, lands, anwalls, profeits and emoluments of the paroch kirks nixt ad- jacent to them, and what persons hes tacks thereof, to whom the samen pertains, and their names to be speciallie named, and what dewtie they pay for the samen. [SECOND GENERAL ASSEMBLY.] Att Edinburgh, the 27th of May 1561. The whole Kirk, conveened in the Tolbooth of Edinburgh, hes decerned and thought good, that ane humble Complaint be made and givin in, in their names, touching the suppressing of Idolatrie, and uther points after following, to the Lords of Secret Councill. In the First, For suppressing of Idolatrie throughout the whole Realme, and punishing of the Users thereof, Maintainers of the samen, Haunters and Frequenters therto. Item, For maintaining ane speciall provisione to be made for superintendents, and disobeyers of them. Item, For ordour to be taken anent the Abusers of the Sacra- ments, and Contemners of the samen. Item, That no Letters of the Sessioune be givin to answer or pay to any persone their Teynds, without speciall provisione that the Parochiners retain sae meikle in their hands as is appointed to the Minister; and that all sick as are else givin, be callit in and dis- charged, and likewayes that no ShrefFs give precepts to that efFe<;t. Item, That the Sessioune nor no uther Judges proceed upon sick precepts or warnings past at the instance of them that hes obtained Fewes of lait, of Vicarages, Persons' Manses, and Kirk- yards. Item, That no Letters take place whill the Stipends, contained 6 BOOKE OP THE UNIVERSALL [1561. in the Book of Discipline for tlie sustentation of the Ministers, be first consigned in the hands at least of the principall of the Pa- rochiners. Item, For ordour to be taken upon the punishment of such as pur- chases, brings hame, and executes within this Realnie, the Pope's Bulls. 28th May 1561. The Kirk conveened ; after they heard the Supplication and Articles foresaid, being put in forme, read in the presens, at lenth advysed therwith, — ordained the samine to be presented to the Secret Councill ; and for presenting thereof and obtaining of An- swers therto, nominat and ordained thir Brethren after mentioned to wait theron, viz. Tiie Maister of Lindsay, the Laird of Fernie- hirst elder, Thomas Menzies, Proveist of Aberdeen, the Laird of Lochinvar, the Laird of Whittinghame, and George Lovell, Bur- gess of Dundie. Upon the whilk Supplication, Articles, and sute thereoff, was granted and foUowit be the Lords of Secreit Counsell, ane Act and Ordinance therupon, with Letters thereupon, answering to every Head of the said Articles and Supplication at length specified in the Act of Secreit Counsell made therupon, whilk is to be had in the hands of Johne Johnstoun, Scrybe therof, and Supplication past therupon. May 29, 1561. The whilk day, touching the sclander taken be the horrible fault and impietie committed within this burgh under silence of night be Marquies Dalbuife and his Colleagues, in breaking up of Cuthbert Ramsay his getts and doors, and searching and seeking of his daughter in Law to oppress her, as appeared : It is thought good be the whole Kirk that ane Supplicatione be made and given in to the Queen's Majestic, in name of the Professors of the Evangel!, and the persons before nominat present the samen, to seek the answer thereof: the forme of the Supplication foUoweth : — To the Q. Majestic, her Secret and Great Councill, her G. faithful and obedient subjects, Professors of Christ Jesus his holy Evangell, wishes the Spirit of Righteousness and Judge- ment. 1561.] KIRK OF SCOTLAND. 7 The fear of God conceaved of his holy word, the naturall and unfained Love we bear unto your G. the dewtie quhilk we owe unto our Countrey, and terrible threatenings quhilk our God pronunces against every realme and citie in the quhilks horrible crimes are openly committed, and then be the Committers obstinatly defended, compel us, an great part of your subjects, humbly to crave of your G. upright and trew Judgement against sick persones as hcs done what in them lyes to kindle God's wrath against this realme. The impietie be them committed is so hainous and so horrible, that as it was a fact most vyle and rare to be heard of within this realme, principallie within the bounds of citie, so should we think ourselves guiltie of the saraen if negligently, or yet for worldly fear, we pass it over with silence, and therefore your Grace may not think that we require any thing. All that we crave, open malefactors con- dignly to be punished. But that whilk God lies commanded us to crave, and has also commanded your G. to give to every one of your subjects ; ffor be this Link lies God knitt together the Prince and the people. That as he commands honor, fear, and obedience to be given to the Powers established be him, so does he in express words command and declare what thing the Prince aught unto the subjects. To witt, that as he is the Minister of God liis word, bear- ing the Sword for vengeance to be taken on evil doers, and for the defence of peaceable and quiet men, swa ought he to draw the samen without all partialitie swa oft as in God his name he is re- quired thereto. Seeing so it is, Madame, that this crime so recently committed, and that in the eyes of j'our haill realme now presently assembled, is so hainous, ffor who heretofore hath heard witiiin the bounds of Edinburgh, getts and houses under silence of night bruised up, houses ryped, and that with hostilitie seeking ane wo- man, as appeared, to oppress her: — Seeing, we say, this crime is so hainous. That all godlie men fear not only God's sair displeasure to fall upon you and your whole realme. But also that sick libertie breed contempt, and in the end seditione, if remeed in tyme be not goodlie provyded, quhilk in our Judgement is possible, if severe punishment be not execute for the cryme committed. Therefore, we most humbly beseech your Grace that, all affection laid aside, ye declare yourselfe so upright in this case that ye may give evi- dent demonstratione to all your subjects, that the fear of God, joyned with the love of common tranquilUtie, have principall seat and dominion in your Grace's heart. This further. Madam, of con- 8 BOOKE OF THE UNIVERSALL [1562. science we speak, that as your G. in God his name does crave of us obedience, quhilk to render in all things lawful we are most willing, swa in the samen name doe we, the whole Professors of Christ's Evangell within this realme, crave of you and of your Councill sharp punishment of this cryme, and for performance thereof, that, without all delay, the principall actor of this most hainous cryrae, and the persewars of this pretended villanie may be called before the Chief Justice of this realme to suffer ane assyse, and to be punished according to the Lawes of the samen, and your G. answer we most humbly beseek. [THIRD GENERAL ASSEMBLY.] The Convention of the Kirk of Scotland, gathered in Edin- burgh tlie penult day of Junij 1562, in the quhilk were pre- sent the Superintendants, Ministers, and Commissioners underwritten : — Superintendents, Mrs Johne Spottiswood of Louthiane, Johne Wynrhame of Fyfe, Johne Willock of Glasgow, Johne Erskine of Dun of Angus, Johne Carswell of Argyle. Ministers and Commissioners, Johne Knox, Minister of Edinburgh, James Barrone and Edward Hope, Commissionars; James Yong, Mr David Lindsay, Minister at Leith, Patrick Cockburne, and Johne Browne, Commissioners ; Mr Johne Craig, Minister at Halierudehouse, Johne Hart and Williame Oswald, Commissioners ; Williame Harlaw, Minister of St Cuthbert's Kirk ; Johne Burne, Minister of Mussilburgh ; Mr Tliomas Cranstoune, Minister at Tranent; Alexander Forrester, Minister at Libbertouiie ; Mr George Furde, Minister at Dunnune ; Mr David Weymis, Minister of Ratho ; David Cunninghamc, Minister of Lanarick ; James Walker, Minister of Steinstoun ; Christopher Goodman, Minister at St Andrews ; 1562.] KIRK OF SCOTLAND. 9 Mr George Leslie, Minister at Strathmiglow ; Richard Melvill, Minister at Inclibraok and Maritoun ; Johne Douglas of Pumfi-pstoun, and Johne Douglas in Hovvden, Commissioners of the Kirk of Calder ; The Laird of Spott, Commissioner for Dunbar and diverse in the Mers; James Fleyming, Elder and Commissioner of Glasgow; The Laird of Lye, Commissioner of Lanerick ; The Laird of Barre, Commissioner of Kyle ; Johne Cathcart of Cariltoun, Commissioner of Carrick ; Mr Robert Pont, Elder and Commissioner of St Andrews; Thomas Scott of Hayning, Commissioner of Selkraig and Melros. The quhilk day the fornameit convenit in Mr Hendrie Lawe's House, and after prayer the Heids and Articles following were treated : — That Unitie of Doctrine may be retained among the Ministers. That errors may be avoided, that manners may be reformed, vyce punished without exception of persons, and so that vertew and knowledge may be universallie planted through this realme. Because the Lives of Ministers aught to be sick as thereby uthers may be provocked to Godliness, It becomes them first to be tryed, and therefore after the tryell of the Superintendants, if any man have to accuse them in life, doctrine, or execution of their office, The Elders of every Kirk most be charged in God's behalfe to de- clare their conscience of their Minister, touching their doctrine, life, manners, and conversatione : if any be accused and convict of any notable cryme, he must be subject to the censure of the Kirk, and suffer punishment and admonition, as they shall pronounce. After the Ministers, the Elders of every Kirk must be tryed, if any hes to lay to the charge of any of them, the accused, whet Ik r he be Minister or Elder, auglit to remove out of the Assemblie whill his cause be tryed: if he be convict, he can have no voit whill the Kirk receive satisfactione. After tryall be taken of the haill, then must every Superintendant, with the Ministers and Elders within his Diocie, expone to the Kirk the estate of the Kirk amang them, note the offences and crynies that they know, to the end that the haill may advise some whol- some remead, or at least make supplication to the superiour powers for the samen ; and lest that confusione should happen through 10 BOOKE OF THE UNIVERSALL [1562. rashness and hastiness, lotts would be casten what Diocie should first be heard, what sccondlie, and swa furth of the rest. That no Minister leave his flock for coming to the Assemblie except he have complaints to make, or else be complained on, or at the least be warned thereto be the Superintendant. The Second Assembly, holden the last day of Junii 1562. It is concluded be the whole Ministers assembled, that all Minis- ters shall be subject to their Superintendants in all lawful admoni- tions, as is prescryved as weele in the Booke of Discipline as in the election of Superintendants. That Superintendants take compt what Books every Minister hes in store in the tyme of their visitation, and how the saids Ministers and every one of them does profile from tyme to tyme in reading and studying the same. The Third Sessioune, holden the first of Julii 1562. It is concluded that the Minister shall inquire his elders and every one of them to assist him in all his LawfuU Assemblies ; In the whilk if they be found negligent, yet shall he proceed to all admonitiones according to the rule of Christ, whilk they or any of them obey not ; then shall the Minister, with so many of the Kirk as will subscryve with him, notifie the matter to the Superintend- ent, and if he be his can profite nothing, then be his advyse that the inobedient be pronounced excommunicat, and the raagistrat, subject to the rule of Christ, be not exeemed from the same punishment, being found guiltie or inobedient. To make supplication to the hier powers for the Manss and aikers to Ministers to dwell in, according to the Book of Discipline, and the Kirks to be repaired that are decayed, conforme to the act of the Lords of the Secret Councill, pronounced before the Q. G. bomecuraing. The Fifth Session, holden at Edinburgh, Julii 3, 1562. The haill Kirk appoints and decerns Mr John Sharpe and Robert Wilsone to minister in sick Kirks as shall be thought good be the Kirk. 1562.] KIRK OF SCOTLAND. 11 The Sixth Session, 4th July 1562. Toucliing the reraoveing of Idolatrie, the Kirk now, as of before, concludes humble supplication to be given in to her hienes, but the manner how, they have referred to farther consultation of her Ma- jesties Secret Councill. That supplication be made to her hienes for punishing of all vyces commanded be the Law of God to be punished, and yet not commanded be the law of the realme, viz. blasphemie of God's name, contempt of his word and Sacraments, profanation of tiie samen be sick as were not lawfully called to the ministration thereof, perjurie and taking of tlie name of God commoiilie in vaine, breakers of the Sabboth day. In keeping of common mercats, adulteries, fornication, filthie talking ; and further, that punishment be execute upon the transgressors of the last proclamation made against massmongers or hearers. Anent the actiones of divorcement, to make supplication to the Secret Councill, that either they give up universallie the Judgment of divorce to the Kirk and their Session, or else to establish men of good lives, knowledge, and Judgement, to take the order thereof; provyding allwayes that the saids Lords make provisione and ordi- nance how the gniltie persons shall be punished. And sua dissolvet this Assembly', and appointed to conveen again the 25th day of December nixt to come in Edinburgh. (Sic subscribitur) John Gray. [FOURTH GENERAL ASSEMBLY.] The Generall Assembly of the Kirk of Scotland, conveened at Edinburgh the 25th day of December 1562, in the quhilk were present the Superintendants, Ministers, and Commis- sioners. The whilk day the forenamed Assembly in the old Councill- house, Johne Knox, Minister of Edinburgh, called upon God's name for the assistance of his Holy Spirit. In the second and third Session, Superintendants and Ministers 12 BOOKE OF THE UNIVERSALL [1562» were tryed, every Superintendant is removed, and delations given in, and swa the Ministers. Session Second, holden the 25th of the same moneth. Anent the sustentation of the Ministers, exhorters, and readers within the burroughs, ray Lord Comptroller required the haill Commissioners of Burroughs, presently conveened at this Assembly, that they wauld signifie unto him be word or write, within ane com- petent space, what reliefe they would make to the sustentation of the ministrie forsaid, In respect that they were before burdened with diverse charges for upholding of sick as called themselves Ministers in the abused Kirk. Session Third, holden December 29, 1562. The Kirk presently assembled ordains. That inhibition shall be made to all and sundrie persons now serving in the ministrie who hes entered, being slanderous before in doctrine, hes not satisfied the Kirk : Secondlie, that hes not been presented be the people, or ane part thereof, to the Superintendant; and he, after examination and tryall, hes not appointed them to tlieir charges ; and this act to have strenth alswell against them that are called Bishops as uthers pretending to anie ministrie within the Kirk. Mr Arclibald Keith, Minister of Logy and Balmerinoch, was decerned be the Kiik to be translated from the forsaid Kirks to sick place as that his stipend should be more abundantly given him, In caise he be not reasonablie satisfied be the Lords appointed to mo- difie the ministers' stipends, provyding he change not at his owne private opinione, But to have therein the judgement and appoint- ment of the Kirk, who shall give their judgement herein ere this Assembly be dissolved. Session Fourth, holden December 30, 1562. The Kirk presently assembled gives power to everie Superin- tendant within their own bounds, in their Assemblies Synodall, with consent of the maist part of the Elders and Ministers of Kirks, to translate Ministers frae ane Kirk to ane other, as they sail consider the necessitie. And in lyke manner chargeth the Minister sua translated to obey the voyce and commandement of the Superin- tendant; and ordaines furder. That the Superintendants appoint their Synodall Conventiones twyse in the year, to witt, in the 1562.] KIRK OF SCOTLAND. 13 moneths of Aprile and October, on sick days within the said moneths as the Superintendant shall think good ; and that they give suffi- cient advertisements to the particular Kirks, that the Minister with ane Elder or Deacone may repare toward the place appointed be the Superintendants, at the daye that salbe affixed be them, to consult upon the common efFaires of their Dioces. Session Fifth, holden the last of December 1562. The Kirk gives commission to the Superintendants of Angus, Lowthiane, Glasgow, and Fyfe, with David Forrester, to travell with the Lords of the Secreit Counsell to know what cause sail come in Judgement to the Kirk, and what Order of Execution sail be taken therin. It is concluded, That ane uniforme order sail be taken or keeped in ministration of the Sacraments, and solemnization of Mariages and Buriall of the Dead, according to the Kirk of Geneva. Attour ordains, That the Communion be administered foure times in the yeere within the Burrowes, and twyse in the yeere toward land- wart. Forsamickle as it was heavilie lamentit be the maist pairt of the Ministers that they can have no Dwelling places at their Kirks, be- cause the Manses ar either deteinit be the Parsons or Vicars of the samen, or else sett in Few or utherwayes to Gentlemen, The Clerk Register and Justice Clerk desyres the Superintendants to signifie to the Clerk of the Rentalis where the said Mansis are, and in what Countrey, to the Effect that the saids Mansis may be assignit to them * * * Third-part; and thereafter that the saids Ministers complimandand may be staiked and helped to the samen for their commoditie and remaining with their Flocke. Notwithstanding the proponing and nomination of the Superin- tendants for Aberdein, Bamf, Jedburgh, and Dumfries, appointed of before in the third Session, and the days appointed for election of the same, the whole Kirk remitts further advisement and Nomination of the persons to the Lords of Secreit Counsell, provyding allwayes that the Dayes appointed for the election be not prolonged. 14 BOOKE OF THE UNIVERSALL [1563. [FIFTH GENERAL ASSEMBLY.] The General! Assembly of the Kirk of Scotland, conveened and holden at Johnstoun, the 25th day of Junii 1563, In the whilk were assembled the Superintendants, Ministers, and Commissioners of the Kirks. Sess. I™''- Prayer is made be Mr Joime Willock, Superintendant of the West : Superintendents and Ministers were tryed. The same day Johne Knox, Minister of Edinburgh, having Com- missioun given to him and certaine Elders and Deacons of the Kirk of Edinburgh, to take cognition of the Slander raisit agains Paul Methven, late Minister at Jedbrugh, anent Adulterie com- mitted be the said Paul with ane his servant, — The said Mr Knox declared the haill cause quhat he had done in the foirsaid slander, viz. the said Paul to have committed the said abhominable Cryme of Adulterie, and therefoir, with advyse of the Kirk of Edinburgh, Superintendant of Lowthiane, and Col- legues above written, have removed him frae all Ministrie, and also excommuiiicat him. And swa having put his said Commissione to Executioune, rendered up the same againe to the Generall Assem- blie, fra quhom he received it. Mr Johne Rutherfuird, Principall of Salvator's Colledge, com- plained. That Mr John Balfour usurpit the Ministrie at Cultis, being unqualifiet to discharge the same ; and seeing the Kirk pertainit to him as Principall, he offer it himself to minister, according to the talent given him be God. The Kirk, hearing his complaint and offer, ordainit the said Mr Johne to accept the office, who, in pre- sens of the Assemblie, accepted the same. The said day, David Fergusone, Minister of Dumfermling, declared in the publict Assemblie, That he had spoken to Paul Methven, lately excommunicat, quhom he fand verie sorrowful for his grievous offence committed be him in maner above rehearsed, and also sick repentance for the same, that he wald underly what- soever punishment the Kirk of God would lay upon him, even if it were to lose any member of his bodie, to satisfie the same. 1563.] KIRK OF SCOTLAND. 15 After long reasoning of the whole Assemblie of the said repentance and offer, reportit be tlie said minister, the Kirk condescendit that the said Paul sould have a comfortable answer, and attour that they in the mean tyme sould speake the Lords of the Privie Coun- sell thereanent. Sess. 2^- holden 26th Junii 1563. The whilk day the Kirk pronounced. That no Contract of Mar- riage alledged to be made secretlie, carnall copulation following, sail have faith in judgement in time coming, untill the tyme the contractors suffer as breakers of good order and slanderers of the Kirk ; and thereafter that faith sail not be given to that promise, untill sick tyme as famous and unsuspect witnesses aflirme the same, or ellse both the parties confesse it : And in case that Pro- bation or Confession follow not, that the saids offenders be punished as Fornicators. Concerning the order of appellations, it was statute and ordained, That if anie person find himself hurt be any sentence given be any Ministers, Elders, or Deacons of the Kirk, It sail be lesume to the persone so hurt to appeall to the Superintendant of the Diocie and his Synodall Convention, within ten dayes next after ; and the said Superintendant sail take cognition whether it was weill ap- pealed or not, and give sentence thereupon ; and if the Partie yitt alleges himself hurt be the Superintendent and his Convention, it salbe lawfull toappeale to the Generall Assemblie of the whole Kirk, immediatelie following thereafter, within ten dayes as of before ; and the said Assemblie to take cognitione of the said Appellation, whether it was weill appealed or not, and thereafter to pronounce sentence thereintill, frae the whilk it sail not be leisura to the said Partie to appeale, but the former sentence to have Execution, ac- cording to the tenor of the same. Item, If the appellant justifies not his appellation before the Superintendant and his Convention foresaid, that he sail impute an Paine upon the said Appellant, as he sail think good, above the Expensis to the Partie ; whilk Paine salbe delyvered to the Dea- cons of the Kirk where the first sentence was given, to be distri- bute to tlie Poore. And in like maner, the Generall Assemblie, finding it evill ap- pealed be the said Partie frae the foresaids Superintendant and Convention, sail, as of before, impose ane paine arbitrall, to be dis- 16 BOOKE OF THE UNIVERSAL!. [1563. tribute as said is, together with the Expensis to the Partie, as is above specified. Ordained, That supplication be made to the Q. Majestie and Secret Councill for Union of Kirks, that where two or three are within two or three niyles distant, the same to unite, and cause the inhabitants to resort to ane of the saids Kirks to hear the word and receave the sacraments. Because the scarceness of Ministers permitts not every Kirk to have a severall Minister, and also the small immber of sick parochins requires not the same. Ordained, That the Instruction of Youth be committed to none within this Realrae, nather Universities nor without the same, bot to them that professe Christ's trew Religion, now publiclie preach- ed ; and that sick as now occupie the places not professing as said is, be removed frae the samen, and to remember that some ordour be made for the sustentatioun of poore Scholars. Sess. 3, 27th Junii 1563. It is statute and ordained, That no work be sett forth in print, na- ther yet published in writt, tuiching Religion or Doctrine, untill sick tyme as it be presented to the Superintendent of the Diocie, ad- vised and approved be him, and be sick as he sail call of the most learned within his bounds ; and if they, or anie of them, doubt in anie point, so that they cannot resolve clearlie in the same, they sail pro- duce the said worke to the Generall Asserablie of the Kirk, whill order salbe taken touching the resolution of the said doubt. Sess. 4, 27th of Julij 1563. Ordains, That everie Superintendent within his awne jurisdiction cause warne the shires, towns, and paroch kirks, to send their Commissioners to the Assemblie in times cuming, declaring unto them the day and place, and also that every Superintendent con- veen the forsaid day, appointed for the Assemblie, under the paine of fourtie shillings, to be distribute to the poore, without remission thereof. 1563.] KIRK OF SCOTLAND. 17 [SIXTH GENERAL ASSEMBLY.] The Generall Assembly, convened at Edinburgh the 25th day of December 1563, in the New Tolbooth ; the prayer and exhortation made be John Willock : In the whillc were pre- sent James Duke of Chalterault, Archibald Earle of Ar- gyle, James Earle of Murray, James Earle of Mortoune, Earle of Marshall, Alexander Earle of Glencairne, William Maitland of Lethingtoune, Secratar, Sir John Wishart of Pitarrow, Comptroller, Sir John Ballantine of Auchnool, Justice-Clerk, Lords of Secret Counsall, Superintendants, Ministers, and Commissioners of Kirks and Provinces. Session First, 25th of December 1563. Anent the Question raoveit be Johne Knox, Minister of Edin- burgh, to the haill Assemblie, whether he receivit charge of thehaill Kirk, convenit in Edinburgh, after the beginning of the Reforma- tion, to advertise the brethren to conveine at what tyme any mem- ber of the Kirk sould chance to be troublit, and that for thair counsell to be had ? To the quhilk the Lord Lindesay, the Lairds of Kolwood and Abbotshall, Cunninghamehead, the Superintendents of Angus, Fyfe, Louthiane, West, and Galloway, Mr Johne Row, Mr Christiesone, Mr Robert Hamiltoun, Mr Christopher Goodman, ministers, with the maist pairt of the haill Assemblie, made their declaration, That they rememberit verie well that the said Johne Knox wald have had himself exonoured of the foirsaid charge, and that the Kirk then present wald naways suffer him to refuse the same, bot that he sould continue as of befoir to advertise fra tyme to tyme, as occa- sion salbe given. It was proponed be the haill Assemblie that ane Moderator should be appointed, for avoiding confusion in reasoning, but that every brother should speak in his own roome. The Lords of the Secret Councill, with the haill brethren of the Assembly, appointed Mr Johne Willock, Superintendent of the West, Moderator during this As- semblie. B 18 BOOKE OF THE UNIVERSALE [1563. Session Third, 28th December 1563. The haill Asseniblie here present has farther concluded and finally consented, that for their own parts, the tennents and occu- piers of the ground shall have their own teynds upon composi- tion. Session Fourth, 29th December 1563. It was thought needful for farther confirmation of the Booke of Discipline, That the Erie Marshall, Lord Rutliven, Lord Secretare, Commendatare of Kilwinning, the Bishop of Orknay, Clerk of Re- gister, Justice-Clerke, Mr Henrie Balnaves, David Foird, and Mr George Buchanan, anie three or foure of them, advise the said booke diligentlie, consider the contents thereof, noting their judgments in writing, and to report the same to the nixt Assemblie Generall of the Kirk ; or if ane Parliament happen to be in the meane tyme, that they report their saids judgments to the Lords of the Articles that shall chance to be chosen before the said Parliament. Session Fifth, 30th December 1563. Forsamickle as Ministers, Exhorters, and Reiders, remaines not at the Kirks quher their charge lyes, bot dwells in townes farre distant fra the saids Kirks, quherthrow the peiple wants the con- tinuall comfort quhilk their daylie presence sould give, be mutual conference of the ministers with the flocke. Heirfor, the Kirk ordanes Ministers, Exhorters, and Reiders, haveing mansis to dwell in, that they make residence at the same, visite the flock as they may ; and quher the parochin is great, that the Minister crave the supporte at the Eldars and Deacons to help him in the said visi- tatioun. Touching the burial of the poore in every parochin to landwart, it is ordainit that a biere be made in every parochin to carry the dead corpsis to buriall ; and that village or house quher the dead lyes, with the nixt adjacent house therto, or ane certaine number of every house, sail convey the dead to the buriall, and eird it sax foote under the eird ; And that every Superintendent within his awin bounds requyre the Lairds and Barrones within the same to make ane Act in their Court touching this ordour, and cause their officers to warne the narrest neighbours quher the dead lyes, to convey the samen to buriall, as said is, according to their said act ; 1564.] KIRK OF SCOTLAND. 19 and farder, that the Superintendants take ordour heir as occasioun sail serve. Session Sixth, the last of December 1563. Anent the determinatioun of the Kirk tuiching Thomas Duncan- sone. Schoolmaster and Reidar in Striveling, quho had committed fornicatioun, and thereafter had made publick repentance, Whether he sould be restorit to his office or not after his publick repentance : It was ordainit that he sould abstaine frae the said office, until sick tyme that the Kirk of Striveling made request to the Superintendent for him ; and that he present the said sute or requeist to the nixt General Assemblie. Attour, if the woman was a maiden with quhom he had committed the said fornicatioun, that he sail marie her if she requyre the samen, in part of satisfactioun to the Kirk. Tuiching the question proponit be the Superintendent of Fyfe, anent Alexander Jarden, Minister of Kilspindie, Inchture, and Raitt, quha had committit fornicatioun with a virgine, and there- after had raaried her and had satisfiet the Kirk, Whether he sould be admittit agane to the ministrie or not? The Kirk suspended the said Alexander frae all functiouns of the ministrie within the Kirk quhill the nixt Assemblie, and then to receave answer. [SEVENTH GENERAL ASSEMBLY.] The Generall Assemblie, holden at Edinburgh the 25th Junii 1564, holdin and begune in the Neither Tobuith att foure houres Afternoone ; Exhortatioun and prayer made be Mr Johne Knox, Minister of Edinburgh : In the quhilk were convenit the Superintendants, Ministers, and Commissioners of Provinces of Kirks. Sess. 2d, Junii 1564. The Assemblie continowed Mr Willock Moderator of this As- semblie. The Assemblie requestit Mr Robert Montgomerie, Minister at Couper, to support every uther Sunday the Kirk of Largo, quhill farther provisioun be made ; and ordainit the Superintendent of Fyfe to labour with the Tovvne of Coupar for License to the said 20 BOOKE OF THE UNIVERSALL [1564. Mr Robert for the purpose foresaid ; and to take ordour with the Schoolroaster of Couper to reid and exhort in the Kirk. Sess. 4, 28th Junii 1564. The haill Asserablie made, constitute, and ordainit their Com- missioners under-written ; for Fyfe, the Laird of Lundie and Tho- mas Scott of Abbotishall ; for Lowthiane, the Lairds of Spott and Elphingstone ; for the Westland, the Lairds of Carnall, Carse, and Kelwod ; for the South, the Lairds of Wodderburne, and Andre Kar of Faudansyde ; for Galloway, the Laird of Garlics, Zonger, and Mothine, with Mr George Gordoune ; for Angus, the Provost of Dundee ; and for the Northland, the Laird of Craig : They sail al- together repaire towards the Lords of Secreit Counsell, and thene present the Articles underwritten, pertinand to Reformatioun of Maners, punishment of certain Crymes, maintaining of Justice, and others concerning the universall Kirk of this Realme ; and to reason thereupon with the said Lords, and report the Answers thereintill to this present Assemblie. TENOUR OF THE ARTICLES. First, that it is thoght good, and alsweill conforme to the Act of Parliament, immediately before the Queen's Majestie's arrival, pro- mittit as her Heiness owin Ordinance, with consent of her Nobi- litie, decreit and appointit after her Grace's arrivall, Chryst's Re- ligion be de novo established, ratified, and approved throughout the whole Realme, and that all Idolatrie, especially the Masse, be abolished over all ; so that no other Face of Religion be permittit or thoilit to be erectit. And for this effect, that the Ministers be provydit decentlie with an assurit appointment, where they sail receive their livings asweill bygane as to come, and not to live as Beggers, as presentlie they doe ; and in lyk nianer to desyre, and with all Immilitie to re- quyre, that the Transgressours againis the Ordinances, asweill from tymes past as from this tyme foorth, might be punisched according to the saids Lawes and Ordinances, and especially againis them that contemnes and committis Inobedience againis the saidis Lawes, in Aberdein, in the Carse of Gowrie, in Seafield, and in sundrie uther places, as salbe specifiet. After the forsaids Articles war notified and declared to my Lords the Erles of Murray, Argyle, Glcncarne, and to my Lord Secritar, 1564.] KIRK OF SCOTLAND. 2 1 being present, and send be the Qaein's Hieness to the Asserablie, to know quhat things were proponit therein ; thoght the saids Arti- cles, as they were conceivit, not so convenient to be proponit as appertained, and therefor thoght it meitt to collect twa Heids thereof, quhilk they themselves wald propone to the Quein's Ma- jestie ; quhilk Heids follow : And first, they wold declare to her the good niynds and obedi- ence of them then assemblit. And as tuicliing the Estate of lleligioun, seeing it tuitchit the said Lords most especiallye, being members of the said Kirk, they wold labour at her Grace's hands, that the same might be observit according to the ordour establishit at her Heiness arryvall, and doubtit not to obtaine sick gentle answer and agreement of her Majestic in that behalf as might satisfie the said Assemblie. The uth'er Held, tuiching the sustentatioun of the Ministers, the saids Lords in lyke maner promised to labour at her Hienes' hands that they might have appointment of the saids Stipends, and hoped to dresse her Hienes so that they sauld be ressonablie satisfiet of their desyre in that point. Thereafter the saids Lords declarit, be the mouth of my Lord Secretaire, how they had proponit the saids Heids to the Quein's Majestie, and how they were not only accepted be her Heiness ia good part, but also gentlie answerit, and acceedit to tlie perfor- mance thereof; and therefore the saids Lords promised, in her Ma- jestie's name, to the haill Assemblie, the accomplishment of the saids desyres, of the quhilk they need not in any wayes to doubt ; for if they had been surely persuadit in their owin hearts that her Hienes had meant utherwayes nor they had declared, her Grace sauld have found uther Messengers then they to have shawin the same in her Hienes' name. Quhilk being be them declared, the haill number present first thanked God and her Majestie, that their reassonable desyres were so generallie answerit ; and for recognoscing of their owin dutie, desyrit the saids Lordis reciprocallie to promise to her Majestie, in their behalf, all duetifuU obedience, love, and submis- sion, quhilk can be lookit for be any Christian Prince of most failhfull, humble, and loving subjects ; promiseing therewithall, if any of their number eould happen to forget the duetie of a good Subject, or ofFendes her Majestie's Lavves, that they all afaldiio wold concurre to the punition of the oifendour, according to the qualitie of that trespass, as they sould be commandit. 22 BOOKE OF THE UNIVERSALE [1564 Anent the satisfeing of the Complaint of pure Labourers of the ground anent the unmercifull exaction of their Teynds, Johne Max- well of Terriglis, Knycht, frielie promiseit that quhat time the Su- perintendent of the West sould resort towart the Pairts quher he hes any Teynds, he sauld choose unto himself sax, seven, or aucht of the most wise and discreit Persones within the saids Bounds quher he has the saids Teynds ; and quhatsoever the said Superintendent and honest Persones sould advyse him to doe, alsweill tuiching the Intromissioun as prices of Teynds, he promises to fulfil the same, so that the pure labourers sould feile at his hands ease and sup- port within his Rowmes, In lyk maner my Lord of Murray was content, and for his teynds within Fyfe, namit the Laird of Lundie, that sail modifie either money or victuall. Aleso Alexander Bischop of Galloway promised to doe [the lyke] how soone the tack of his teynds comes in his awin hand, and beis run out. The Erie of Monteith, my Lords of Lindesay and Ochiltrie, my Lord Secretarie, the Superintendent of Fyfe, the Gentlemen in the West, and amang them the Laird of Kars, and the Goodman of Leathem, all of their awin frie will, promised to doe according as the said Maister of Maxwell had promeised. Tuiching the act of Parliament anent the gleibs and manses, the haill Assemblie requeist Mr James Macgill, Clerk Register, to extract the samein and subscryve it, to the effect it may be pro- duceit before the Lords of the Secret Counsell the morne, or how soone guidlie he may doe the samen, that ordour may be tane there- anent for the ludging of the ministers. Sess. Fifth, 30th Junii 1564. Anent the causes of the whole kirk and jurisdiction thereof, the Assemblie appointit thir persons under-written, to wit, the Laird of Dun, Superintendent of Angus and Mernes, Mr Johne Wynrhame, Superintendent of Fyfe, Mr Johne Spottiswood^ Superintendent of Lowthiane, and Mr Johne Willock, Superintendent of the West, with the assistance of Mr John Row, George Hay, Robert Pont, Christopher Gudman, Thomas Drummond, Johne Knox, John Craig, Johne Rutherford, George Buchanan, Robert Hamiltoun, 1564.] KIRK OF SCOTLAND. 23 Clement Littil, the Lairds of Lundie, Elphingstoun, Carnell, Kers, and Thomas Scott of Abbotishall, and ordained thir foirnamed persones to convene the morne after sermoun, and to reason and conferre anent the saids causis and jurisdictioun pertaining to the Kirk, and to report their opinions again the nixt convention. Anent the questioun moved, whether a minister anes lawfullie placed at a kirk, may leave his ministrie at the said kirk, and pass to another at his awn pleasure. It was concludit be the haill Assemblie, that he may na wayes leave the congregation, being anes placed, without knowledge of the flocke, his Superintendent, or haill kirk, and tliat the cause why he wold leave that kirk be considerit be the Superintendent or haill kirk, v/hether it be lawfull or not. The haill Assemblie in ane voyce chose James Makartney to be Solicitor for the Kirk. Becaus Mr Alex. Jardin, minister of Inchture, Kilspindie, and Rait, was in the last Assemblie suspendit from all function of office within the kirk, for causes containit in the Second Session of the last Assemblie to this conventioun, quher he sould receive answer, whether he sould returne to his office or not ; the haill Kirk, in con- sideratioun of his marriage and publick satisfactioun of the Kirk quher the offence was committit, ordainit to make humble requeist to my Lord of Murray, to be content that the said Mr Alexander sould be received againe to his ministrie in respect of the pre- misses ; and thereafter, that the Superintendent of Fyfe sould re- store him againe to his ministrie as of befor. Anent the requeist of Mr Patrick Couston, minister of Syres, desyreing the licence to pass to France and other couutreyis, for augmenting of his knowledge for a tyme ; the haill Assemblie in ane voyce dissentit therefra, and ordainit that he sould not passe out of this countrey, nor yet leave his congregatioun quher he travels without speciale licence of the haill Kirk, if they sail heirafter think it expedient or necessarie. Forasmeikle as it was coraplainitbe the Commissioner of Murray, upon William Sutherland, parson and exhorter at the Kirk of Moy, that he had pot only disobeyit his charge, commanding him to marie the woman with quhom he befor had committit fornica- tioun, but also had in despyte of the said Commissioner, ryveing his letters of charge thereto, and had not obeyit his summonds chargeing him to coinpeir to this General Assemblie ; In con- 24 BOOKE OF THE UNIVERSALL [1564. sideratioun of this despytefuU ryveing of the Commissioner's letters, and also not compeiring to this Asserablie, the Kirk depryves him fra all Ecclesiastical functioun, and also ordaines the censure of the Kirk to proceed aganes him for his contempt. [EIGHTH GENERAL ASSEMBLY.] The Generall Assemblie of the Kirke, gathered and convened at Edinburgh the 25th of December 1564, holden in the Over Tolbooth thereof; In the whilk were the Superintend- ents, Ministers, with the Commissioners of Shires and particu- lar Kirkes, — the exhortation being made be Mr John Knox, Minister of Edinburgh. First, for eschewing of confusione, and that everie brother should speak in his own roome with modestie, It wes thought good that ane Moderator should be appointed ; and with full consent of all the brethren present was John Erskine of Dunn, Superintendent of Angus and Mearns, appointed to be Moderator for this Assemblie, who accepted it upon him. Ordained, that no question be proponed be any brother unto the tyme the affaires of the Kirk and order thereof be first treated and ended, and thereafter, if any brother have a question worthy to be proponed, that the saraen be proponed in write, and if the samen requyres hasty resolution, it sliall be decyded in this present Assem- bly before the end thereof, otherwayes the decision of the samen shall be referred to every one of the Superintendents within whose bounds the question is proponed, and they and every one of them, with ane certaine number of the Ministers, as they shall think meet to appoynt, for assisting to hear the reasoning of the saids ques- tions, and thereafter their reasons to be put in write, affirmative or negative, whilks every ane of them shall report to the next As- semblie. The same day, the haill Assembly caused to present to the Lords of Secret Councill the heads and articles following, and required their honors to obtalno answer thereof at tlie Q. Grace, and to sig- nifie unto them her Majostie's good pleasure tliereintill. 1564.] KIRK OF SCOTLAND. 25 TENOR OF THE ARTICLES. The haill Assembly requires humbly their Honors to signifie to the Queen's Majestie, that the transgressors of the proclamations past against the hearers and sayers of Masse, together with the abusers of the Sacraments, are now so common, that it may be greatly feared that judgements shall suddenlie follow, except remeid be provided in tynie. 2. To reqniie payment to Ministers of their stipends for the tyme bypast, according to the promise made, and to let the Assem- bly know how the Ministers shall he sustained in tyme to come. 3. To require Superintendants to be placed where none are within this realme, viz. in the Merss, Teviotdale, Forrest, Twe Jdall, and the rest of the Dealls in the South not provided, with Aberdeen and the uther parts in the North, likewise destitute. 4. To require punishment of sic as hes steiked the doors of the paroche kirk, and will not open the same to parochiners that pre- sented themselves to have heard the word of God preached, sic as Pasley, Aberdeen, Conie, Dopline, and Aberdagy. 5. Humbly to require the Q. Maj. what the Kirk shall look for, touching provision of benefices vaikand and to vaik. 6. To crave ane resolution and declaration of the Mauses and Gleibs, whether they be set in feu or not, and be what means the Ministers shall come to the use and possession thereof. 7. The acts touching the reparation of the kirks to be put in execution. The answer of every ane of the particulars the General Assembly humbly requires. Session Second, holdeii Dccimbci 26, 15C4. Anent ane supplication presented be Beatrix Livingstoun, touch- ing ane promise made to her be Patrick Hardie to have solemnized the band of matrimonie wit!', her ane lang tyme since, his wife Katherine Rutherford being in lyfe, and now divorcement had be- twixt them, Bearing alse and making mention of ane decreit and decisione of the said promise and nullitie thereof, given and pro- nounced be John Eskine of Dun, Alexander Guthrie of Halker- toune, Robert Campbell of Kingcomscleugh, and Mr Robert Ha- miltone, for verification whereof the said Beatrix producit the said decreit, subscryved be the forsaids persons, in presense of John 26 BOOKE OF THE UNIVERSALL [l564. Willock, Superintendant of the West, Christopher Goodman, and Mr George Hay, of the date at Edinburgh the first of July 1563, bearing in effect, that the said promise made be the said Patrick to the said Beatrix on no wayes might be sustained be the law of the Evangell ; and therefore the said Patrick to be quyte therefrae in all tyme comeing. In respect of the marriage standing betwixt him and his wife foresaid undissolved, and that the said promise was not only null in the selfe, but also unjust and unlawfull, and that the makers thereof had offended, and were worthy of punishment at the discretion of the Kirk: Q,uhilk supplication and decreit being read and considered, the haill Assembly in ane voyce authorised and allowed- the said decreit, pronounced be the said brethren, and alse pro- nourKied the said Patrick and Beatrix to be free frae the said pre- tended promise in tyme comeing. Requiring that punishment for making of the said promise hereafter to the Kirk's discretion thereof. Session Third, December 27, 1564. Anent the supplication presented to the Assembly in name of Paull Methven, and touching diverse petitions therein contained, wherewith the said Assembly being well and rypelie advysed, and after long reasoning had therein, with mature deliberation, gave their answer as follows : — Anent his receaving to repentance, the haill Assembly are content to receave the said Paull to repentance, presentand him personallie before them, declareing evident signes of unfained repentance, will- ing to obey sic injunctions as the Kirk shall please to appoint him to doe and fulfill. Touching his desyre to delate his proces of their books, thereto the Clark can noways condescend, neither think they that sick ane petition can proceed from the Holy Ghost, seeing David, ane not- able servant of God, eschewed not to write his owne offence to God's glory and his own confusione. Anent his admission to the ministrie within the realme, that was thought no wayes sufferable unto sic tyme as the memorie of his former impietie be more deeplie buried, and some notable Kirk within this realme make earnest re- quest for his new acceptation ; and likewise the Kirk signifies unto him, that his entry in the ministrie in the parts of England, he being excommunicat and unreconciled, hes grievously offended them ; as also the last part of his writeing, where he accuses false 1565.] KIRK OP SCOTLAND. 27 witnesses, who hes deponed no other thing in effect nor he has con- fessed with his mouth in write. Farder, the Assembly required the brethren to whom the said Paull hes written, that amongst uthers their answers they signifie unto him that he may safelie repare to- ward this realme, notwithstanding lately proclaimed against adul- terers. Touching sic as are relapse the third tyme in any kinde of cryme, sic as fornication and drunkenness, it is statute and ordained, that no particular minister admitt sic persones to repentance, but to send them to the Superintendant of the diocie where the crymes are committed, with information, who shall give them sic injunctions as they think may make the offence to be holden in horror. But chiefly that they compell the offender to satisfie the Kirk where the offences were made raoe dayes nor ane, as the Superintendant shall think good. [NINTH GENERAL ASSEMBLY.] The Generall Assemblie, convened at Edinburgh, in the Nether Tolbooth thereof, the 25th Day of June 1565 : In the whilk were present, the Superintendents, Ministers, and Commissioners of Shyres and Kirks, the invocation of the name of God being made be John Willock, Superintend- ent of the West. First, For eschewing of confusione in reasoning, the whole brethren present, with ane consent, chuse John Willock, Superin- tendent of the West, to be Moderator, who accepted the office. Sessio Second, holden Junii 26th, 1565. The haill Kirk present for the tyme, humblie requyred the nobilitie present to be humble suiters at her hienes for the execu- tion of the Laws and Acts lately made against the violators of the Sabbath day, committers of adulterie and fornication, and desyred every Superintendent for to sute for commissions to judge within their jurisdictiones, givand power to them to execute 28 BOOKE OF THE UNIVERSALL [1565. punishment against the committers of sic crymes, according to the tenor of the saids Laws and Acts, &c. And in like manner to request her heines to cause thankful pay- ment be made of the Ministers' stipends throughout this realme, as also to complain to her Majestic that where of before the Kirk of Candwell in L. Carrok was assigned for payment of the Mi- nisters' stipends in Kyle and Carrick, is now given by her heines to the young Laird of Skeldrume, and in like manner the parochiners of Dairy shew tliat the lands of the Kirke was as- signed to the minister of the parochine, and now was givan to the Laird Provane, and to understand her heines will thereanent. Ordains for ordering the articles to be sent to the Q. Majestic, John Erskine of Dunne, Superintendent of Angus and Mearns, John Willock, Superintendent of the West, Christopher Goodman, Minister of St Andrews, John Row, Minister of St Johnstone, to conveen after eleven houres, and set them Airth and present them to the Assemblie this day afternoone ; whiik ordinance the saids persones obeyed, and presented the Articles to thp Assemblie. TENOR OF THE ARTICLES. Imprimis, That the Papislicall and blasphemous masse, with all Papistrie and idolatrie of Paip's jurisdictione, be universallie sup- pressed and abolished throughout the haill reahne, not only iii {lie subjects, but also in the Q. Majestie's avi^n persone, with punish- ment against all persones tliat shall be deprehended to transgresse and offend the same; and that tlie sincere word of God, and his true religion, now presently receaved, might be established, ap- proven and ratified throughout the whole realme, alswell in the Queen's Majestie's owne persone as in the subjects, without any impediment, and that the people be astricted to resort upon the Sunday at least to the prayers and preaching of God's word, like as they v/ere astricted before to the idolatrous masse ; and thir heads to be provided be act of Parliament, with consent of the Estates and ratification of the Queen's Majestie. Secondlie, That sure provisione be made for sustentation of Ministers, as well for the tyme present as for the tynie to come, and that such persons as are presently admitted to the ministrie may have their livings assigned unto them in the roouies where they travell, or at leist next adjacent thereto, asid that tlioy have 1565.] KIRK OF SCOTLAND. 29 na occasione to crave the samen at the hands of any others, and that the benefices now vaikand or that hes vaiked since the moneth of March 1558, or yet hereafter shall happen to vaike, be dis- pensed to qualified and learned persones, able to preach God's word, and to discharge the vocatione concerning the ministrie, be tryall and admissione of the Superintendents, and that no Bishop- ric, Abbacie, Priorie, Deanerie, Provestrie, or any other benefices, havand many Kirks annexed thereto, be disponed altogether in any tyme comeing to any one man. But at the least the Kirks thereof be severallie disponed and to severall persones, so that every man having charge may serve at his awne Kirk according to his vocatione ; and to this effect that the gleibs and manses be givene to the Ministers that they may make residence at their kirks, wherethrough they may discharge their consciences con- forme to their vocatione, and also that the kirks may be repaired accordinglie, and that ane law be made and established herein be act of Parliament, as said is. Thirdlie, That none be permitted to have charge of Schooles, Colledges, or Universities, or yet privately or publickly to instruct the youth, but such as shall be tryed be the Superintendents or visitors of the Church, sound and able in doctrine, and admitted be them to their charges. Fourthlie, For sustentation of the poor, that all lands founded to hospitalitie of old be restored agane to this same use, and that all lands, annualrents, or any other emoluments pertaining any ways to the friers of whatsumever ordour, or annualrents, altar- ages pertaining to Priests, be applyed to the sustentatione of the poor, and uphald of Schooles in the towns and uthers places where they ly. Fifthly, That horrible crymes as now abounds in the realme without any correction, to the great contempt of God and his holy word, sic as idolatrie, blaspheming of God's name, manifest break- ing of the Sabbath Da}^, witchcraft, sorcerie, and inchantment, adulterie, incest, manifest whoredome, maintainance of Brodells, murther, reiflfe, slaughter and spulzie, with many uther detestable crymes, may be severely punished, and judges appointed in every province or diocie for the executione thereof, with power to doe the same, and that be act of Parliament. Last, That same order be devysed and established for the ease of the poor laborers of the ground concerning the unreasonable 30 BOOKE OF THE UNIVERSALL [1565. payment of their teynds, taken over their heads without their ad- vyse and consent. The same day the Lairds of Carnall, Sornebeg, and Dreghorne, requesting humblie for support of a ministerie for their kirks of Rickartoune and Dundonald in Kyle, promised of their awn free will that they should provide stipends sufficient according as the Kirk would appoint, and that they should not remove from their Kirks for seeking payment of the samen ; whilk request of theirs the haill Kirk praised, and promised satisfaction to their godlie desyre. Sess- 3, Junii 27, 1565. Anent the question proponed, whether Children may contract Marriage, and Marrie without consent of their Parents, and in speciall, whether the promise made betwixt Robert Patersone and Jonet Little, without the consent of the parents, may stand or not ; it is found that the said Robert and Jonet hes not orderly pro- ceeded in the said promise of marriage, in so far as they neither obtained the consent of the parents, nor yet, be the late order, repared to the Kirk of God to lament their cause, and seek the ordinary means thereat, be the word of God appointed : and therefore the Commissioners appointed be the Kirk for decision of Questions, determines that they have not lawfully proceeded in making of the said promise of marriage, and they should of dutie thus have proceeded : First, to require the consent of the parents, whilk being refused, then to make the sute unto the Kirk, to con- curre with them in their lawfull proceedings, according to the order observed in God's word ; and for the offence and unlawful! pro- ceeding bypast, to make satisfaction to the Kirk, as they shall be appoynted thereto: and hereupon ane general order to be set forth, as the Generall Assemblie shall think good to be observed, in all particular Kirks in tyme comeing. This was subscryved be the Commissioners underwritten : — Mr John Dowglass, Rector of the Universitie of St Andrews, Christopher Goodman, George Bu- chanan, John Craig, Minister, John Row, Robert Pont. Ane uther question, whether ane learned man, having an bene- fice given in papistic, or lately since the word has been preached in this realme, may leave the parcehine where he is persone, desti- tute of preaching the word, and enter Minister to serve in ane uther place for larger stipend ? The foresaid Commissioners con- 1565.] KIRK OF SCOTLAND. 31 eluded as follows : It is thought agreeable to the word of God that no faithfull preacher of God's word may enjoy any benefice or liv- ing pertaining to the Kirk, except he reraaine at the said Kirk to discharge his office, for the whilk he receaved the said benefice ; and that if he be transported be the Kirk or Superintendant to any uther place whereby he may not discharge his duty in both, That he be depry ved of the ane, and it to be bestowed upon ane uther ; pro- vyding always, the foresaid persone be sufficiently answered of his stipend. Ane uther question, whether if any man abusing his Cusings, his father's brother's daughter, seven years, and begottin chiWrcn, and presently maried, marry her, and uuderly conviction, may marry or not ? The degrees are second of Consanguinitie. Though this be not found contrary to the word of God, yet be- cause it has not been publickly revealed in this realme, and that, diverse inconvenients are perceaved to insue of this Liberty, thinks it good that it be referred to the Civil Magistrates, or else to ane Parliament, for order to be taken therein, and that in the meantime, men take not libertie to their senses according to their filthie affections, not the lesse that the persons in whose name this question was proponed be joyned in marriage, after their publick repentance for tlie offisnces bygone, without any hope that uthers hold the like license, while farder order be taken be the Civill Magistrate, as said is. Anent the complaint given in be the Superintendant of Fyfe, touching the wanting of a preacher at the Kirk of Kylmeny, pertains as ane common Kirk to St Salvator's College in St Andrewes ; Mr John Rutherfurd, Provest, and Mr William Ramsay, one of the Ministers, was content that the Superintendants of Angus and Fyfe, Christopher Goodman and Mr George Buchanan, should con- sider this Complaint, and whatsoever they decyded therein, and ordained to be done therein, they should fulfill the same in sic sort that nae complaint should be heard hereafter. Ane Complaint was given in be the Parochiners of Tunninghame who payes the Teynds to the New College of St Andrews, and has no preaching nor ministration of Sacraments. Mr John Dow- glas. Rector of the Universitie, and Master of the said College, promised to the Kirk to satisfie the Complainers reasonabl}^ that hereafter the Kirk shall not be troubled with farther Complaint. 32 BOOKE OF THE UNIVERSALL [1565. Sessio 4ta- Junii 28, 1565. Anent the Complaint given in be Mr Donald Munro against Mr John Robisone, Thesaurer of Rosse, Minister of Urquhart, and John Watsone, Minister of Awes, That where they both accepted the Ministrie on them, and received their Stipends therefore, and now has left their vocationes ; requyred the Kirk to take order herein : The haill Assemblie ordained the saids persones to repair towards their charges in the Ministrie, and enter againe thereto incontinent, after they be charged, under the paine of disobedience of the Kirk, and dischargeing of their allowance and Stipends. The haill Assemblie, with ane voyce and minde, choose John Knox, Minister of Edinburgh, to receave the answers of the Arti- cles sent from the Assemblie be the Commissioners thereof to the Queen's Majestie, and to advertise the Superintendants of the same, and also that he advertise the faithful of things necessar that shall happen betwixt this and the next Assemblie. Thanks being given to God be John Willock, Superintendant of the West, and the twenty fyve day of December next to come appointed for the next Assemblie to conveen in Edinburgh, this Assembl}^ was dissolved. [TENTH GENERAL ASSEMBLY.] The General Assembly of the Kirk, holden in Edinburgh, in the Oner Tolbooth thereof, the 25th of December 1565, in the whilk were present the Superintendants, Ministers, Exhorters, and Commissioners of Towns and Kirks. The invocatione of the name of God was made be John Knox, Minister of Edinburgh. Sessio 1 '"•''• First, for eschewing of confusion in reasoning, and that every brother speak in his roome with modestie, as becomes the ministers of God's word to doe, with the haill consent of the brethren pre- sent, was chosen John Eskine of Dunne, Knight, Superintendant of Mearns and Angus, to be Moderator at this tyme, who accepted the office on him. 1565.] KIRK OF SCOTLAND. 33 The Siipprintendant of Lothian complained npon Mr Jolin Furd, Minister of Diimmaine, that where, in the last Generall A-ssenihlie of the Kirk, it was decerned that Robert Pafersone and Jonet Lit- tle sliould have satisfied the Kirk of Edinbnrgli for the offence committed be them in contiacting marriage without parents' con- sent, yet nevertheless the said Mr John had persuaded them to solemnize the said marriage, thei- bands not being pmclaimed, and no satisfaction made to the Kirk of Edinburgh, and also Irad cans; d Mr Patrick Craig, Minister at Ratho, to solemnize tlie said band of marriage betwixt tlie saids persons, in tlie Kirk of Dummaine, in great contemption of the decreet foresaid, and all good order heretofore observed in the reformed Kirk, desyring the Kirk pre- sently assembled to take order herein, alsweill anent the saids paroches as the saids two ministers. Tlie Kirk ordained to call both the saids parties and ministers to answer to the said co;ii{)laiut betwixt this and the end of tlie Assembly. In like manner, Mr Joiin Winrhame complained npon the sv.'ul Mr John Furde, that be his couiiseU and persuasion the Ladie Kil- conquher and Jolm Weymes had contracted tiie verba de presenti, &c. notwithstanding that ane woman, called Elizal)etii Pott, had claimed the said John Weymes before the Snperintendant, wliilk clame was not yet justified, and that Mr Andrew Kirkaldie had married the saids persons, after the minister was dep.arted out of the Kirk where tliey were niariied. Oidair.ed in like manner to answer to this con)plaint. Tlie haill Assembly appointed ^Ir John Row, minister at St Johnstoun, to put in write, answers to the answers given be tiie Q. Majestie to the articles presented to her hienes be the Commission- ers of tlie last Assemblie of the Kirk, because her heines answers not fully satisfied the Kirk, as in the sanien plainly appeareth, and the said Mr John to present them the morrow, after the preaching, to the Assembly, to advyse therewith, before their presenting to her Grace. Follows the answers given be the Queen's Majestie to the articles presented to her Grace be the Commissioners of the Assembly last holden, the 2.5th of Junii 1565, and also answers and reque.-ts to their answers, now conceavcned in tiiis Assfinl^ly. c 34 BOOKE OF THE UNIVERSALL [1565. The Queen^s Majestie^s Answers. To the first, desyring the masse to be suppressed and abolished, alsweill in the head as in the members, with ane punishment against the contraveeners, as also the religion now professed to be esta- blished be an Act of Parliament ; it is answered, first, for the part of her Majestie's self, that her heiness is no wayes yet persuaded in the said religion, nor yet that any impietie is in the masse; and, therefore, believes that her loving subjects will no wayes preisse her toreceaveany religion against lier own conscience, quliilk sliould bring her to perpetuall trouble be remorse of conscience, and therewith ane perpetuall unquietness ; and, to deall plainly with her subjects, herMajestie neither may nor will leave the religion wherein she has been nourished and upbrouglit, and believes the samen to be well- grounded, knowing, besydes, tl>e grudge of conscience if she should receive any change in her owne religione, that slie should tyne the friendship of the King of France, the ancient allya of this realme, and of other great Princes, her friends and confederats, who would take the same in evil part, and of whom she may lake for great sup- port in all her necessities ; and having no consideration that may counterweigh the same, she will be loath to put in hazard the loss of all her friends in ane instant ; praying all her loveing subjects, see- ing they have had experience of her goodness, that she neither has in tymes past, nor yet means hereafter, to preassethe consciences of any man, but that they may worship God in sic sort as they are persuaded to be best, that tiie^' also will not preasse her to ofi^end her own conscience. As for establishing religion in the body of the realme, they them- selves know, as appears well be their Articles, that the same cannot be done be only the consent of her Majestic, but reqyres necessarly the consent of the three Estates of Parliament ; and, thereafter, so soon as the Parliament holds, that whilk the three Estates agrees upon among themselves, her Majestic shall grant the same to them, and alwayes make them sure that no man shall be troubled for use- ing themselves in religion according to their conscience, so that no man shall have cause to doubt that, for religion's sake, many lyves or heritages shall be in hazard. To the second article it is answered, that her Majestic thinks it no way reasonable that she should defraud herselfe of so great a part of the patrimony of her crovvne, as to put the patronages of benefices furth of her own hands ; for her own nccessitie in bearing 1565.] KIRK OF SCOTLAND. 35 of her great and common charges will require the retention of ane good parte in her own hands. Nottheless, her Majestic is well pleased that consideratione being liad of her own necessitie, and what may be sufficient for her, and for the reasonable sustentatione of the ministers, ane special! assignatione be made to them in places most commodious to them, with the whilk her Majestic shall not in- tromitt, but suffer the same come to them. To the third article, her Majestic shall doe therein as shall be agreed be the Estates in Parliament. To the fourth article, her Majestie's liberality towards the poor shall be alse far extended as can be reasonably required at her hands. To the fifth article, her Majestic will referr the taking order with that and alse of the sixth article to the Parliament. The answers of the Kirk to thir above written follows: — First, Where her Majestie answers, Tiiat she is not persuaded in religion, neither that she understands any inipietie in the masse, but that the same is well grounded, that is no small grief to the Christian hearts of her godl}' subjects ; considering that the trum- pet of Christ's Evengell hes been so long blowne in the countrey, and his mercy so plainly offered in the same, that her Majestie re- mains yet unpersuaded of the truth of this her religione ; for our religion is not else but the same religion quiiilk Jesus Christ hes in the last days revealed frae the bosoms of his Father, whereof he made his Apostles messengers, and quhilk they preached and estab- lished among his faithfull, till the 'gaincoming of our Lord Jesus Christ ; quhilk differs from the inipietie of the Turks, the blasphemy of the Jews, the vaine superstitione of the Papists, in this, that only our religion hes God the Father, his only Sone Jesus Christ, our Lord, his Holy Spirit speaking in his Propliets and Apostles, for authors thereof, and their doctrine and practise for the ground of the same : the quhilk no uther religion upon the face of the earth can justly alleadge or plainly prove ; yea, whatsomever assurance the Papists hes for their religion, the same hes the Turks for main- tainance of their Alcorane, and the Jews fare greater for defence of their ceremonies, whether it be antiquitie of tyme, Consent of peo- ple, autiiorietie of princes, great number or multitude conseuring together, or any uther sicklyke cloaks they can pretend ; and, therefore, as we are dolorous that liei' Miijf'stie in this our rehgiune 36 BOOKE OF THE UNIVERSALL [15G5. is not persuaded, most reverently we require, in the name of the Eternall God, that her heines would embrace the means whereby she may be persuaded of the truth whilk presently we offer unto her Grace, aleswall be preaching of the Word, whilk is the chief means appointed be God to persuade all his chosen children of his infal- lible veritie, as be publick disputation against the adversaries of this our religion, deceavers of her Majestie, whensoever it shall be thought expedient to her Grace. And, as to the impietie of the Masse, we dare be bold to afRrme that in that idoll there is a great impietie ; from the beginning to the ending, it is nothing else but a masse of impietie ; the author, or sayers, the action itselfe, or opinion thereof concerned, the hearers and gazers upon it, avows sacrilege, pronounces blasphemie, and committs most abominable idolatrie, as we have ever offered and yet offers ourselfes, most manifestly to prove. And where her Majestie esteems that the change of religion should dissolve the confederacy of allyance that she hes with the King of France and uther princes ; assuredlie Christ's trew religion is the undoubted meane to knitt us surely, perfyte confederacie and friendship with him that is King of kings, and who hes the hearts of all princes in his hands, whilk ought to be more precious to her Majestie nor the confederacie of all princes of the earth, without the whilk neither confederacie, love, nor kind- ness, can indure. Concerning her Majestie's answer to the second article: Where- as, she thinks it nowayes reasonable to defraud her self of the pa- tronage of benefices, whilk her Majestie esteems to be ane part of her patrimonie, and that her Majestie be minded to retain a good part of the benefices in her own hands to support her common charges : As to the first point, [it is not our meaning,] that her Majestie or any uther patrone within this realme should be defrauded of their just patronages. But we meane, whensoever her Majestie or any uther patrone does present any persone to a benefice, that the persone presented should be tryed and examined be the judgement of learned men of the Kirk, sick as are presently the Superintend- ants appointed thereto ; and as the presentation of benefices per- tains to the patrone, so ought the coUatione thereof, be law and reasone, appertaine to the Kirk : of the whilk collatione the Kirk should not be defrauded more than the patrones of their presenta- tione ; for utherwayes it shall be leasume to the prtrone, absolutely 1565.] KIRK OF SCOTLAND. 37 to present whomsoever they please, without tryall or examination : what then can abide in the Kirk of God but ignorance without all order ? As to the second point, concerning the retentione of ane good part of the benefice in her Majestie's own hands : This poynt abhors so far from good conscience, alsweill of God's law as frae the pub- lick order of our common lawes, that we are loath to open up the ground of the matter be any long circumstances ; and therefore we most reverently wishe that her Majestic would consider the matter with her selfe and her wise counsell, That howsoever the patron- ages of benefices may appertaine to herself, or the retention thereof in her own hands undisponed to qualified persons, is both ungodly, and alse contrare to all publick order, and brings noe small confu- sione to the poor soules of the common people, who be these meanes should be instructed of their salvatione. And where her Majestic concludes, in the second answer, that she is content that ane suffi- cient and reasonable sustentatione of the ministers be provided to them, be assignationes in places most commodious to them, consi- deration being had of her own necessitie ; as we are desirous that her Grace's necessitie be relieved, so our dewtie craves, that we should notifie to her Grace, the trew order that should be observed to her in this behalfe, whilk is this : The teinds are properly to be reputed to be the patrimonie of the kirk, upon the whilks, before all things, they that travells in the ministrie thereof, and the poor indigent members of Christ's body, ought to be sustained ; the kirks also repaired, and the youth brought up in good letters : whilks things being done, then wher necessitie reasonablie might be supported, according as her Grace and her godly counsell thinks expedient : allwa^es we cannot but thank her Majestic most reve- rently of her liberall offer of assignation to be made to the minis- ters for their sustentation, whilk not the less is so generally con- ceaved, tliat without more speciall condescending upon the par- ticulars thereof, no executione is likelie to follow thereon; and so to conclude with her Majestic at this present, We desyre most earnestly the saids ministers' articles to be reformed, beseiking God that as they are reasonable and godlie, so her Grace's heart and the Estates presently eonveened maj' be inclined and persuaded to the performance thereof. 38 BOOKE OF THE UNIVERSALL [1565. Sess. 2^, December 25, 1565. Anent thegenerall complaint of ministers, exborters, and readers, for wanting of their stipends, and as touching them that hes put vio- lent hands on ministers for reproveing of vyce, The haill Assembhe ordained ane generall supplicatione to be presented to her Majestic and Councell, and alse required the Lord Lindsay and David Mur- ray, brother to the Laird of Balvaird, to present the same, and to report the answer again to the Assembly ; the tenor whereof fol- lows : — Unto your Majestic and most honorable Councill, humbly means and complains, We, your Grace's most obedient subjects, the confessors of Christ Jesus and his holy Evangell within tliis realme, in name and behalfe of our ministers, exhorters, and readers ; That where oft and diverse tymes promise hes been made unto us that our saids brethren, preachers and travellers in the kirk of God, should not be defrauded of their appointed stipends, neither yet should be in any wayes molested in their functions, yet notthelesse universallie they want their stipends appointed for diverse tymes bypast, violent hands are put in the same, for no uther cause, as they alledge, but for reproving of vyce, and nane knaws what assurance he shall have of ane reasonable life in tyme to come : Our maist humble request is therefore unto your Majestic, that our ministers may be payed of their bygone stipend, that sic as have receaved assignationes thereof from the former collectors may have execution of their assignation, that your Grace pleases to appoint them the assignation promised in your Hienes last answers to the petitiones of the kirk, so that we may know by what means our saids minis- ters shall be sustained in tyme to come ; and, finally, how they may live without molestatione of wicked men ; and your Grace's answer we most humbly beseik. Anent the question, Whether any man might marry his wife's brother daughter, or his wife's sister daughter, or what order should be taken in any sic marriages were made ; It was voted, and found be the word of God, that nane may marry his wife's brother daugh- ter, or sister daughter, and if any sic marriages were contracted* to be null, and not to stand. Persons revolting from the profession of the gospel, be offering 1565.] KIRK OF SCOTLAND. 39 their children to be baptized after the papistical manner, or receiv- ing themselves the sacraments of the altar, after admonitione, to be excommunicat if repentance interveen not. Sessio 3"% December 27, 1565. Anent the complaint given in be the Superintendant of Lowthiane, against Mr Patrick Craicke, minister of Ra'ho, for marrying of Robert Patersone and Jonat Little, in Dummaine kirk, neither the bands being proclaimed, nor yet satisfactione made to the Kirk of Edinburgh, according to the tenor of the decreet of the last Assem- blie: The said Mr Patrick granted publickly that he had offended, and submitted himself to the correction of the kirk. Therefore, be the haill Assembly, he was ordained to satisfie the will of the Kirk of Edinburgh, upon two severall Sutidayes, be his own open confes- sion, when the said Kirk of Edinburgh shall require him, and the third Sunday to satisfie the kirk of Dummainie, where the offence was committed ; suspending for this present all farther correc- tion, in hope of his better bearing in tyme to come. The haill Assembly, with one voyce, statutes and ordaines. That no ministers hereafter receave the parochiners of ane uther parochine to be married, witliout ane sufficient testimoniall of the minister of the parochine wiierefrae they came, that the bands are lawfuUie pro- claimed, and no impediment found, so that the order that has been taken be the kirk, in sic affliiros, be dewlie observed under the paine of deprivation frae his niiiiistrie, tinsell of his stipend, and uther paines, as the Generall Kirk shall hereafter think to be imponed. Anent the complaint given in be the Superintendant of Fyfe, against John Melvill, minister of Carraill, alleadgeand the said John to proceed to the solemnizatione of marriage betwixt Robert Arnot and Euphame Corstorphine, notwithstanding ane uther wo- man claimes the said Robert : The haill Kirk Assemblie ordained ane inhibitione to pass against the said John, that he on nowayes solemnize the said marriage until sic tyme as Mr John Douglass, Rector of the Universitie, and Mr James Wilkie, Regent, hear the complaints to be given in be the said Superintendant, and alse be any uther partie havand enteres, and the same be discussed be them ; givand power to them to give forth sentence according to God's word, and use the censures of the kirk against the disobeyers. 40 BOOKE OF THE UNIVERSALL ri565. Sessio 4*°, December 28, 1565. IMr John Fiirde, Minisier of Dunimanie, is ordained to satisfy, as is before sett downe in the 3d Session, anent Mr Patrick Craicke, for his offence, specifiet in the Act of the firsf Session, suspendand the said John from all function of the niinistrie, in tlie meantime, whill the compleating of the said satisfaction, and thereafter to re- turne to his vocation of ministiie. It was asked if it be iawfull that ane minister, what title or ho- nor ever he bear, receiving sufficient benefite and provisione off' his flock, may leave them, and make his common residence in utlier places, sae that his flock is destitute alswell of his doctrine and nii- nistrie, as of uther comforts that the flock should receave of ane f'aithfull pastor — notwithstantiing that worldly reasons may seem to excuse the absence of some ? The answer ; No minister of the Evangell of Jesus Christ, nor no peisone receiving sufficient living for preaching of the Evangell, may, with safe conscience, leave his vo- catione, together with his flock, and the place appointed for his ordi- narie residence, what patrimonie and oversight that ever he hes, be corruption of tymes, or negligence of rulers, so to doe. If sic as hes entred in the niinistrie, been appointed be the Su- perintt iidants, and received of the people, may leave their vocation and follow the world, because they have not sufficient stipend? Answer: Seeing that our Master Christ Jesus pronounces that he is but ane mercenarie, who, seeing the wolf coming, fleeth for his own safeguard, and that the very danger of lyfe cannot be ane ex- cuse for sic as shall tall back from Christ, we nowayes think it law- full that sic as ance put their hands to the plough shall leave the heavenly vocation and return to the prophane world, for indigene e or povertie ; lawfully they may leave ane unthankfull people, and seek where Jesus Christ his Evangell may bring forth better fruit ; but lawfully they may never change their vocation. If known murtherers, or convict adulterers, together with sic as committ horrible crymes, may not, upon the notorietie of their fault, be once denounced excommunicat, for declaration that the Kirk abhors sic impietie? Answer: The Kirk may and ought to purge herself of ail sic notorious malefactors, provyding the offinder be lawfully called and convict, either be their owne confessione or be witnesses. The order to call them for tlie sclander (for civil things we remilt to the magistrates) we judge to be this: Whensoever sic 1565.] KIRK OF SCOTLAND. 41 fearfuli crymes are committed, if it be in the countiie, the minister, reader, or exhorter of that place, or if there be none, the minister of the place next adjacent, ought to give notice of the fact to the Superintendant of that diocie, who, without delay, ought to direct his summonds, charging the per^ons sclandered to compear before him at a certain day and place ; or if it be done in towns where order is established, the Session thereof ought to call the accused offenders, who, if they compeir, and either alleadge just defense, or show themselves unfainedly penitent, then must the Superintendant, or Minister and Kirk without the Superintendant, dispense some- what with the rigour of the punishment, secluding only the offender fra participation of the sacraments till fcuder tryall of his repent- ance, and that both their diligence and sentence to be publickly pronounced in the kirks where the offence is known. But if the offender be stubborne, as if he compeir not, or shew himself little touched with his offence, tlien ought the Superintendant, with advyce of tlie next reformed Kirk, to decerne him or them to be secluded from participatione of communione with the faithfuU mem- bers of Jesus Christ, and to be given to Satan for the destruction of tlie fleshe, whoes slaves (be impietie committed and impenitence showen) they declare themselves to be ; and their sentence to be published in all places where the offence is knowne. If the person or persons secluded from the sacrament be negligent in seeking reconciliation with the Kirk, behave themselves insolently or uther- vvayes then it becomes penitent persones, the Kirk, after admoni- tioiie, may proceed to the uttermost ; for wanton behaviour, after iniquilie committed, is aiie plaine argument of impenitence, and ne- gligence to seek reconciliation declares that contempt lurks in the heart. If baptisme administrat be ane papist priest, or in the papisticall manner, shall be reitt rat ? When sic children comes to years of understanding, they should be instructed in the doctrine of salva- tione, the corruption of the papistrie might be declared unto them, whilk tliey most puMickly damne, before they be admitted to the Lord's table ; whilks if they doe, there needs not the externall signe to be reiterat; for no papist ministers baptisme without water and some forme of words, whilks are the principalis of the externall signe; we ourselves were baptized be papists, whose corruptions and abuses now we damne, cleaveing only to the simple ordinance of Jesus Christ, and to the vtritie of the Holy Spirit, whilk makes 42 BOOKE OF THE UNIVERSALL [15G6. baptisme to work in us be proper effects thereof, without any decla- ration of the externall signe. If sic children come never to the knowledge of trevv doctrine, they are to be left to the judgement of God. What order ought to be used against sic as oppress children ? As concerning punishment, the civill magistrate ought therein to de- cerne. As toucliing the sclander, the offenders ought to be secluded from participation of the sacraments whill they have satisfied the Kirk, as ti.ey shall be commanded. What punishment shall be used against them that ly in fornica- tion under promise of marriage, whilk they deferr to solemnizat, and to satisfie be publiek repentance for the sclander given ? Answer : Alsewell the man as the woman should be publickly [admonished] in tiie place of repentance ; Likewise satistie on ane Sunday before that they be married. [ELEVENTH GENEIIAL ASSEMBLY.] The Generall Assembly of the Kirk, holden in Edinburgh, within the Councill-house thereof, the 25th day of Junii 1566: In the whilk were present Earles, Lords, Barrons of the Privie Council!, viz. Earle Huntly, Chancellour, and Eatle of Argyle, Alexander of Galloway, Adam of Orkney', ane of the Session, John Commendator of Lindores, James Balfour of Pittendeth, Knight, with the Superintendants, Ministers, and Commissioners for towns, particular kirks: The Invocatione of the name of God be Mr John Craig, minister of Edinburgh. Sessio l"'-"^- First, for eschewing of confusione in reasoning, and to the effect that every brother speak with such modestie and measure as be- cometli the ministers of God's word to doe, with consent of the haill Assembly, John Erskine of Dunn, Knight, Superintendant of Angus and Merns, was continued Moderator, who was content for the pre- sent to use the samen office. Ordaines that some of the brethren, in name of the haill Kirk, make supplication to the Lords of Secret Councill and Session of 156G.] KIRK OF SCOTLAND. 43 Justice, that no excommunicat person have pieces before their honors, unto the tyme they be reconciled to the Kirk, chiefly when excommunication is notour and objected againes. Anent the supplication presented to this Assembly be Robert Commendator of Haly-rude-house, showing in effect, how it was not unknowne to their wisdomes. That he had diverse godly learned men of his owne place of Halyrudehouse, sic as Alexander Forres- ter and Peter Blackwood, who are men of good conversation and literature, were admitted and receaved be the Kirk to the ministrie, and how he had diverse kirks pertaining to the Abbacie, as the kirks of Tranent and St Cuthbert's, and alleadged that most decent and convenient it were, that his said kirks should be served be the servants of the said Abbay : Herefore, requested most earnestly that the Kirk presently assembled should transport Mr Thomas Cranstoune and William Harlaw, now ministers of his said kirks, and place them at some uther kirks, as should be thought good be the haill Assembly to appoint them, and to place his saids servants at his saids kirks as ministers, there to be served be them in tyme conieing; as in the said request at length was contained. The Kirk haveing ryply considered the said supplication and advysed thereupon, caused call before them some of the elders of the said parochines, and diligently inquired if they had any fault to lay against their ministers, or if they would be content they should be transported from them? Answer was given, that they had no cryuie nor fault to lay against their ministers, but was better con- tent with them then they would be with any uther that would be presented to them; and attour, on no uayes would be content that any of them should be transported from them : Therefore, the Kirk presently assembled on no wayes condescended to the transporta- tion of them, for the reasons foresaid; But brotherly requested the said Lord Cnmmendator to provide for some godly ministers for utliers of his kirks wliilks are destitute of preaching of the true word of God, the speciall food of their souls, which they doubt not but his Lordship will doe, for discharge of his own conscience. Sess. 2«- Junii 26, 1566. The haill Assembly, in respect of the perills and dangers where- with the Kirk of God is assaulted, and that be mighty enemies, considered a generall fast to be published throughout tliis realme in all kirks reforuud. 44 BOOKE OF THE UNIVERSALL [15G6. Anent the supplication given in be Paull Methven, makand a long rehearsall of his miserable estate, the supplication presented in his name to the Generall Assembly holden in Edinburgh in De- cember 1564, of the estate of the answers thereto fronie the said Assembly, of his long and tedious journey out of England to Scot- land, and impediments that chanced him in the way ; finally re- quests for ane of thir two. That is, either to suspend excommuni- cation of the Kirk for ane tyme, and receave him in the fellowship of the same as ane poor slieep, upon ane condition, wherever he chances to be, upon half ane year's warning, he shall be bound to returne againe at command of the Kirk, and obey sic injunctions as they would comn.and him to doe ; or if the Kirk pleased not this petition, then to committ his answer to such as the Kirk should appoint, who's judgement and determination (as his body might bear) he promised be God's grace to obey ; Finally, all couusell that have followed iieretofore, and himself most humbly, he submitted to the judgement of the present Assembly ; as in the said supplica- tion at length was contained : Last of all, it was ordained that he present himself personally before the Assembly ; and being entered, prostrate himself before the haill brethren with weeping and howl- ing, and commanded to ryse, might not expresse farther his request, being, as appeared, so farr troubled with anguish of heart, was de- syred to be of good comfort, and to depart to his lodgeing whill order were taken anent his request. And forsuameikle as in the said Assembly holden in Edinburgh in December 1564, it was con- cluded to receave him to repentance, now rested to conclude upon the manner thereof that he should doe when and where; and for that purpose was appointed the Superintendant of Fyfe, Mr John Dowglass, rector of St Andrews, David Forrest, Mr Hugh Hay, minister of Ruthven, Mr John Craig, minister of Edinburgh, John Row of St Johnstone, William Christisone of Dundie, and Adam Herriot of Aberdeene, ministers, that they, seven or sex of them, should conveene the morrow, at seven houres before noone, and take order in the premises; and whatsomever they doe hereanent, to signifie the same to the Superintendant of Lowthiane and Ses- sion of the Kirk of Edinburgh, deliver the said ordinance to the Scribe of the Generall Assembly, that he may insert the same among uther acts of Generall Assembly for ane remembrance to the pos- teritie. 15GG.] KIRK OF SCOTLA.ND. 45 QUESTIONS AND THEIR ANSWERS. First, It is asked, If any may contract marriage with ane woman once married, and her husband departing from her to other coun- tries, and being absent nine or ten years together, the woman, hav- ing no testinioniall of his death or not? Answer: That the woman desyreing to marrie ought to seek, or cause seek, whether her first husband be dead or not, and to report ,ane sufficient testimonial! of his death or ever she may jnyne her- self to ane uther husband. Whether that any persone seek ane donation or confirmation of benefices at the Paip's Kirks, may be appointed to minister in the Kirk of God ? Answer: That sic a persone ought not to be admitted to the nii- nistrie as the question is conceaved. The Commissioners appointed be the Generall Assembly for or- dering of Paul! Methwen his repentance, In consideration of the said Paul's lamentable supplication to the kirk, humble submission of himselfe to the same, and his absence out of this realme the space of two yeares or more, Ordaines the minister of Edinburgh, that he, upon ane Sonday after sermone, notifie unto the people the said PauU his supplicatione, and how the Generall Assembly hes ordained to receive him to repentance, with the conditions underwritten ; and therefore to admonishe all faithfull brethren that they, within the nixt eight dayes, notifie the said minister of Edinburgh, if any of them hes any knowledge, or are fully informed of the said Paull his conversation and behaviour since his departure furth of this realme, whilk might imped his receaving to repentance, whilk shall be on this manner, viz. The said Paull, upon the said two preach- ing dayes, betwixt the Sondayes, shall come to the kirk doore of Edinburgh, when the second bell ringeth, clad in sackcloth, bare- headed and barefooted, and there remaine whill he be brought into the sermone, and planted in the publick spectacle above the people, in tyme of every sermone during the said two dayes; and on tlie next Sonday thereafter, shall compear in like manner, and in the end of the sermone, shall declare signes of his inward repentance to the people, humbly requireing that kirk's forgiveness : quhilk done, he shall be clad in his own apparell, and received in the societie of the kirk, as ane lyvely member thereof, and this same order to be observed in Dundie and Jedburgh, allwayes secluding him from 46 BOOKE OF THE UNIVERSALL [1566. any function of the ministrie in tlie kirk, and also from participation of the table of the Lord, unto the 25th of December next to come, when the Generall Assemblie of the Kirk conveens, into the vvhilk they ordain the said Paull to resort, bringand with him sufficient testimoniall from authentick persons, of these places where he in the meanetyme shall chance to remaine, reportand his conversatione and behaviour; at the whilk tyme the kirk shall take further order what shall be done anent him. [TWELFTH GENERAL ASSEMBLY.] The Generall Assembly of the Kirk, holden in Edinburgh, in the Nether Councill- House thereof, upon the 25th day of De- cember 1566: In the whilk were conveened the Superin- tendants. Ministers, and Commissioners of Shyres, Towns, and Kirks : The invocatione of God's name made be Mr John Craig, Minister of Edinburgh. In the first, for order to be observed in reasoning, and that every brother speak to his purpose, with sic measure as it becomes the ministers of God's word to doe, John Eskineof Dunn, Superintend- ant of Angus and Mernes, was continued Mod^ator, whereof he was content. Sess. 2i- December 26, 1 566. Anent the Assignation of the pensione oF money and victualls of- fered be the Queen's Majestie, and her most honourable Councilh for the sustentation of ministers within this realme, the haill bre- thren present, required the ministers being in the Sessione, to pass furth of the Assembly, and with mature deliberation to consult and advyse, whetlier they think good to accept the same for reliefe of the present necessitie or not. After long reasoning and mutual conference anent the said As- signation, returning againe in, the Assembly thought it good, for sup- p!)rte of the ministers' necessitie, to accept the said offer of money and viciuall, if tliey might be gotten hastilie ; nottheless, in consi- diMatione of the law of God, Ordaines the persones who heares the d()c:iine of salvatione at the moulhes of his ministers, and thereby 1566.] KIRK OF SCOTLAND. 47 receaves speciall food to the nowrishment of their soules, to commu- nicat teinporall susteutatioii on their preachers : Their answer is, That having just title to crave the bodilie food at the hands of tli^ saids persons, and finding no uthers bound unto them, they only re- quire at their own flock, that they will sustain them according to their bounden dutie, and what it shall please them to give for their sustentation, if it were but bread and water, neither will they re- fuse it, nor desist from the vocatione. But to take from others con- trare tlieir will, wliom they serve not, they judge it not their devvtie, nor yet reasonable ; ahvayes they most heartily thank the Lords that bestowed tiieir labours and paines in purchasing the fore- said assignatione, most iieartily rtquesting tlieir honours to perse- vere, whill they bring it to some perfectione. Nevertheless, the haill Asseniblie solemnly protested that the acceptance of the fore- said assignatione for tiie relief as said is, prejudges not the libertie of the kirk to sute for that thing that justly pertaineth to the pa- trimonie of the same, in tyme and place convenient, in any tynie hereafter. The same day were proponed thir questions underwritten, and answers thereto as follows : — Whetiier if the teyndcs {)roperly per- taines to the kirk, and siiould only be applyed to the ministers, sus- tentaiione of tiie poor, niaintainyng of schools, repairing of kirks, and uthers godly usi-s, at the discretion of the kirk ? Answered aflirmative, without contradiction. Secondly, If the teynds pertains to the Kirk, and ought and should be imployed to sic godly uses as said is. Whether, if the ministeis, who are the mouth of the Kirk, may, with safe conscience, keep silence, seeing the patrimonie of the Kirk maist injustly taken up and wasted in vain things, be sic persons as bears no office in the Kirk of God ; and, in the meantyme, the ministers ceisaiid for necessitie, the poor perishing for hunger, the schools decayand, and kirks fallaiid to the ground ? Answered : They ouglit not to keep silence, but earnestly to ad- monische every man of his deutie, and desyre all men to suit for that whilk justly pertaines to the sustaining of the things forsaid. Thirdly, Whether, if the Kirk may justly require of all possess- ors the teynds to be paid to the Kirk only, and inhibite all uthers to introniitt therewith ; and, in case of disobedience, what order shall be used be the Kirk against them ? 48 BOOKE OF THE riNIVERSALL [1566. Answered : After dew adinonitione used, and no obedience found, rouse the censures of the Kirk. Sess. 3% December 27, 1566. Anent Mr Knox's request to passe to the reabne of England to visit his children, and do his other lawfuU business ; The haill As- sembly granted gladly licence, with letters testimonialls of his hon- est conversatione and god!}' doctrine within this Kingdome, with provision, as is contained in saids letters, tiie tennor whereof follows : — The Superintendants, Ministers, and Commissioners of Kirks within this realms of Scotland, presently assembled, to wliais knowledge thir presents shall come, wisheth grace, mrrcy, and peace, from God the Father, and from our Lord Je^us Christ. Witt your universities. That our loving brother, John Knox, bc^Trer of thir presents, hes been and is, ane trew and faithful! ministrr of the Evangell of Christ Jesus, within this realme of Scotland, continu- ally thir eight yeares bygone, or thereabout ; in doctrine pure, and sincere in life and conversation, to our siglits inculpable; and hes so fruitfully used that talent granted to him be the Eternall, to the advancement of the glory of his godly name, to the propagation of the kingdome of Jesus Christ, and edifying of them that heard his teaching, that, of dewtie, we most heartilie praise his godly Ma- jestic for that so great ane benefite granted unto him for our utilitie and profit ; and because he, for the natm-all love and affictiou whilk he bears to his children, now being within the realme of Eng- land, and favour to uthers his brethren and allya there, gentlie re- quested us to grant him licence for ane season to repaire toward the said realme of England for the causes abovementioned ; We, after nmtual conference in full Assembly, thought this petition just and reasonable ; and, therefore, all in ane voyce, grants licence to our said brether, according to the Q. Majestie's conduct, to pass to the said realme, what tyme he shall think most commodious for his jour- ney ; provideing alwayes, that he returne to this realme of Scot- 1 md before the 2oth of the moneth of June next ensuing, to continue in his forujer vocatione, and no utherwayes ; and this we make it kuosvne to all and sundrie whom it effeii's be thir our letters testi- 1566.] KIRK OF SCOTLAND. 49 moiiialls, given at Edinburgh in our Generall Assembly, and third Sesb.ion thereof. Subscribed be the Clerk of the same the 27th of December. Attour, ordained ane Letter to be direct to the Bishops of Eng- land, that they would be content gently to handle the brethren preac'iers, touciiing the habits, supercloathes, and uthers abulzie- nients, whilks appearantly tends more to superstitione nor edifica- tione ; and requests Mr Knox to put the heads in write whilks he thinks necessare to be written to the saids Bishops ; the tenor whereof follows : — The Superintendants, Ministers, and Commissioners of Kirks within this Realme of Scotland, To their Brethren, the Bishops and Pastors of IngLnd, who hes renounced the Ro- mane Antichrist, and does professe with them the Lord Jesus in sincerity, desyres the perpetual increase of the Holy Spirit. By word and write, it hes come to our knowledge, Reverend Pastors, that diverse of our dearest brethren, amongst whom are some orthe best learned within that realme, are depryved from ec- clesiasticall sunshine and forbidden to preach, and so by you are stayed to promove the Kingdome of Christ, because their conscience will not suffer them to take upon them, at commandment of the authoritie, sick garments as idolaters in tyme of blindnesse have used in their idolatrie, whilk bruit cannot be bot most dolorous to our hearts, mindfuil of that sentence of the Apostle, saying, If ye byte and devowre one another, take held lest ye be consumed one of another. We purpose not at this present, to enter into the ground whilk we hear of aither partie, to be agitate with greater vehemen- cie then well lyketh us, To witt, whether sic apparell is to be counted amongst things simple and indifferent or not. But, in the bowells of Christ Jesus, we crave that Christian charity may so pre- vaill in you ; in you, we say, the Pastors and leaders of the flock in that realme, that ye doe not to uthers that quhilk ye would not have uthers doe to you. Ye cannot be ignorant how tender a thing the conscience of man is. All that have knowledge are not alyke persuaded, yet conscience reclaims not at the wearing of sic gar- ments, but many thousands, both gddly and learned, are utherwayes persuaded, whose consciences are continually stricken with thir sentences — What has Christ to do with Belial? What fellowshid D 50 BOOKE OF THE UNIVERSALL [1566. is betwixt light and darkness ? If surcloaths, cornet, cape, and tip- pet, lies been badges of idolaters in the very act of their idolatrie, what lies the preacher of Christian libertie and the open rebuke of all superstitione to doe with the dreggs of that Romish beast? Yea, what is he that ought not to feare either to take in his hand or forehead the print and mark of that odious beast ? Our brethren that of conscience refuses that unprofitable apparell does rather now molest you tliat use sick vain trifles : if ye shall doe the like to them, we doubt not but therein ye shall please God, and comfort the hearts of many whilks are wounded with the extreamitie that is used against these godly and our well-beloved brethren. CoUour of Rhetoric or manly persuasion will we use none, but charitablie we desyre you to call that sentence of Peter to minde ; Feed the flock of God whilk is commited to your charge, caring for it, not be re- straint but willingly, not as though ye were lords over God's heri- tage, but that ye may be ensamples to the flock. And, farder, alse we desire you to meditate on that sentence of the Apostle, saying, Give nane offence, neither to the Jews, nor to the Grecians, nor to the Kirk of God. In what condition of tyme ye and we both tra- vell in the promoving of Christ's Kingdome, we suppose you not to be ignorant ; and therefore we are more bold to exhort you to walk more circumspectly then that for sick vanities the godly should be troubled ; ffor all things that may seeme lawful edifie not. Give the commandment of the authoritie urge the conscience of you and our brethren farther than they can bear, we unfainedly crave of you that ye remember ye are called the light of the world, and the salt of the earth. All civil authoritie lies not the light of God alwayes shyning before their eyes in their statutes and command- ments; but their affections savour over meikle of the earth and of worldly wisdome, and, therefore, wee think you should boldly op- pone yourselves to all that power that will or dare extoll itselfe not only against God, but also against all sic as dare burden the con- science of the faithfuU farder then God hes burdened them be his own word. But herein we may confesse our offence in that we have entered farther in reasoning than we proposed and promised at the beginning ; and, therefore, we shortly returne to our former hum- ble supplication, whilk is, that our brethren, who amongst you re- fuse the Romish raggs, may finde of you the Prelats sic favour as our Head and Master commands every one of his members to show to one another, whilk we look to receave of your gentleness, not only 15G6.] KIRK OF SCOTLAND. 51 for that ye feare to offend God's majestie in troubling your breth- ren for sic vain trifles, but also because ye will not refuse the hum- ble request of us, your brethren and fellow-preachers, in whom, al- beit there appear not great worldly pomp ; yet we suppose that ye will not so farr dospyse us, but that ye will esteem us to be of the number of them that fight against that Roman Antichrist, and travell that the Kingdome of Christ may be universally advanced. The dayes are evill, iniquitie abounds. Christian charitie is waxin cold, and, therefore, we ought more diligently to watch, for the hour is uncertaine when the Lord Jesus shall appear, before whom ye, your brethren, and we, must give ane account of our administra- tione. And this, in conclusione, again we once crave favor to our brethren, whilk granted, ye in the Lord shall command us in things of double more importance. The Lord Jesus rule your hearts in true feare unto the end, and give unto you and us victorie over that conjured enemie of all true religione, to witt, over that Roman Antichrist, whose wounded head Satin preases by all means to cure again. But to destruction shall he and his maintainers goe, by the power of our Lord Jesus ; to whose mighty protectione we heartily comraitt you. From Edinburgh, out of our Generall Assembly, and third Sessione thereof, the 27th of December 1566. Your Loving Brethren and fellow-preachers in Christ Jesus. Ordains ane humble supplication to be made to the Lords of Secret Councill anent the Commissione of Jurisdictione supponed granted to the Bishop of St Andrews, to the effect that their honors stay the same, in respect that these causes for the most part judged be his usurped authority, pertaines to the trew Kirk; and howbeit, for hope of other things, the Kirk oversaw the Queen's Majestie's Commissione given therintill to sic men who for the most part were our brethren, yet can the Kirk no wayes be content that the Bishop of St Andrews, ane common enemy to Christ, to use that Jurisdictione, and alse in respect of that colloured Com- missione, he might againe usurp his old usurped authority, and the samen might be the meane to oppresse the whole Kirk be his usurped judgement. The tenor of the supplication follows : — The Generall Assembly of the Kirk of Scotland, coiiveened at 52 BOOKE OF THE UNIVERSALL [1566. Edinburgh the 25th of December 1566, To the Nobilitie of this Realme that professe the Lord Jesus with them, and hes renunced that Roman Antichrist, desyre constancie in faith, and the spirit of righteous judgement. Seeing that Satan, be all our negligences, (Right Honourable,) hes so far prevailed within this realme of late dayes, that we stand in extream danger not only to losse our temporall possessions, bot also be depryved of the glorious Evangell of Christ Jesus, and so we and our posteritie to be left in damnable darkness, we could no longer contain ourselves nor keep silence, lest in so doing we might be accused as guiltie of the blood of sic as ^hall perishe for lack of admonishment, as the Prophet threatens. We, therefore, in the fear of our God, and with grief and anguish of heart, complains unto your honors, yea, we must complaine unto God and to all his obedient creatures, That that conjnrit enemie of Jesus Christ, and cruell murtherer of our dear brethren, most falsly styled Arch- bishop of St Andrews, is reponed and restored be signator to his former tyrannic : ffor not only are his antient jurisdictions (as they are termed) of the haill bishopric of St Andrews granted unto him, but also the execution of judgement, confirmatione of testaments, and donatione of benefices, as more ample in his signator is exprest. If this be not to cure the head of that venemous beast whilk ance witliin this realme, be the potent hand of God, was so banished and broken downe that be tyranny it could not hurt the faithfull, judge ye. His antient jurisdictione was, that he with certaine his colleagues collateralls, might have damnit of heresie, upon proba- tione as pleased him, and then to take all that were suspect of heresie heretofore. Ye cannot be ignorant judges whether they remaine in their former malice or not : their states and travells openly declares. The danger may be feared, say ye ; but what remedie? It is easie and at hand. Right Honourable, if ye will not betray the cause of God and leave your brethren, whilk never will be more subject to that usurped tyrannie then they will unto theDiuell himselfe. Our Queen belyke is not well informed. She ought not, nor justly may not, breakethelawes of this realme; and so consequently she may not raise up against us, without our con- sent, that Roman Antichrist againe : ffor in ane lawfull and free Parliament as ever was in the realme before, was that odious beast depryved of all jurisdictione, office, and authority within this 1566.] KIRK OF SCOTLAND. 53 realnie. Her Majestie, at her first arryvall, and be diverse her proclamations sinsyne, hes expressly forbidden all uther forme and fact of religinie then that whilk she fand publickly established at her arryvall : Therefore she may not bring us the greatest part of the subjects of this realme back againe to bondage, till that alse lawfuU and alse free ane Parliament as justly damned that Anti- christ and his usurped authority have given decision betwixt us and him heirof, and of utlier things that no less concerns yourselfes then us, ye plainly and boldly admonishe our Soveraigne, and with- out tumult only crave justice. The tyrants dare no more be seen in lawful judgement, nor dare the howlats in the day light. Weigh this matter as it is, and ye shall finde it more weighty then to many it appears. Farther, at this present we complain not, but humbly craves of your honors ane reasonable answer, what ye will doe in case that sic tyrants, devowering wolves be given to invade the flock of Jesus Christ within this realme, under what title that ever it be ; fFor this we boldly confess, that we will never acknow- ledge uther pastors to our saules, nor yet judges to our cause; and if that for denyall thereof, we either suffer in body or goods, we doubt not but we have not only ane Judge to punishe them that unjustly trouble us, but also ane Advocat and strong Champion in heaven, to recompense them who for his name sake suffer persecutione, whose Holy Spirit so rule your hearts in his trew fear unto the end. Your Lordships' answer yet again we crave. Given in the Generall Assembly, and third Session thereof, at Edinburgh, December 27> 1566. QUESTIONS AND THEIR ANSWERS. Ane certain married man past to the warrs of Denmark about four years since. His wife has joyned her self to ane uther man within this two years in whoredome ; now (hey desire to be mar- ried, because they have the attestation of two unsuspect witnesses who spake with Captain Clerk, that her husband was slaine in the Castle of Baronebar in December, upon Pasche day bygane ane year ; QucBritur, Whether the parties may be joyned in lawfuU marriage or not ? Ordaines the names of the persons to be given up to the Session of the kirk where they dwell, to be accused criminalie for their offences given in tyme of her husband's lyfe, or before the knaw- 54 BOOKE OF THE TJNlVERSALL [1567. ledge of his death, she ioyned her bodie to the uther man, that they both may be punished accordingly. Ane man forewarned that he might not marry his father's sister, past in contempt of the kirk, and was married in the Chappel Royal, December 1566. Quceritur, What order shall be taken therewith ? Ordaines to dilate the parties to the Justice Clerk and the Kirk, and to declare their names, that they may be punished. And further, because diverse persons, alswell women as men, who are separate for adulterie, the partie offendand joynes himself in marriage againe, contrare the law of God, wherethrough great sclander and inconveniences follows ; Ordains the Superintendant toadmonishe all ministers within their jurisdictiones, that nane joyne any partie separate for adulterie in marriage, under the paine of removeing from the ministrie. Sessio 4t'i, December 28, 1566. Anent Bishops, Abbots, Priors, and uthers persons beneficed be- ing of the kirk, who receaves teynds, and waites not upon the flock committed to their cure, neither presents themselves to the Generall Assemblie: Ordains all Superintendants to warn all Bishops, Abbots, &c. that receaves teynds within their iurisdictiones, and where no Superintendants are, that the Superintendant nearest send his letter to the minister next adjacent, to summond the for- saids persons to compear at the next Generall Assembly, to give their assistance and counsell to the said Assembly, in sic things as appertaine to the Christian religion and preaching of the true word ; and ffarther, to know the ordinance of the kirk to be made there- anent. [THIRTEENTH GENERAL ASSEMBLY.] The Generall Assembly of the Kirk, convrened at Edinburgh, in the Nether Tolbooth thereof, the 25th of Jiinii 1567 5 In the whilk were present, the Earles, Lords, Barrons, Su- perintendants, Ministers, and Commissioners of Towns. The invocation of God's name was made be Mr John Craig, Minister of Edinburgh, 1567.] KIRK OF SCOTLAND. 55 Sessio Ima, JuTiii 25, 1567. For eschewing of confusion in reasoning, the whole Assembly present named Mr George Buchanan, Principal of St Leonard's Col- ledge, in St Andrew's Colledge, Moderator dureing this Conven- tion, who accepted the charge hac vice. The Kirk appointed the Lairds of Dun and Bargany to pass to the Lords of Secret Council, and to require their Lordships to conveen and concurr with the kirk presently assembled for hearing of sic articles as shall be thought good for establishing of God's word, the trew religion, and support- ing of the ministers within the realm. Sessio 2-1% Junii 26, 1567. Forswameikle as it is thought good be all the brethren presently conveened, That ane Assembly Generall be appointed againe to conveene the 26th day of July nixt to come, in this towne of Edin- burgh, for setting forward of sic things as shall at that tyme be pro- poned ; and for that purpose, Ordaines to write Missives to all and sundrie earles, lords, barrons, and uthers brethren, requeisting them to conveen the said day ; and to that effect, appointed all commis- sioners to present tiie said missives, and require, according to tlieir commissions. Tenor of the Letters Missive sent to the said Earles, Lords, Barrons, and Commendators of Abbays, follows : — My Lord, (or Worshipful! Sir,) after our most hearty commen - dationes of service in the Lord Jesus: Having now of lang tyme travelled both in publick and private with all the estates, craving of your honors in speciall, that the course of the evangell of salvation, now ance of the liberall mercy of God restored to this realme, might continue to all your comfort and your posterities; and that for the maintainance and furtherance thereof, and perfyte policie and full liberty, miglit be granted to this reformed kirk within Scotland ; the minislrie, the poor and failzied provided for sufficiently, as God, good policy, and civill lawes, ordaines and requires, and that all super- stition, idolatrie, and the monuments thereof, might be utterly re- moved and banished out of the realme, whilk God of his infinite mercy lies so lovingly called from darkness to liglit. This matter, indeed, was lyked of all men, but sic impediments gave the enemie of the kirk, in his members, to stay the good work of God, that 56 BOOK.E OF THE UNIVERSALL [1567. moyen could there nane be had ; but be contrare, at every light occasione the ministrie frustrate of all life and sustenratione, the lamed and impotent members of Christ lying in the strait of dying, perishing for hunger and cold — yea, and the haill flock of Clirist Jesus within this realme continuallie threatened with the execution of that most cruell decreet of the late Council! of Trent, wherin was determined and decreeted to make ane sacrifice of the haill professors within all Europe, be the tyrannic of that Romane An- tichrist. We are not ignorant how far the samen was attempted be way of deed within the realme of France, how farr now in Flan- ders and the parts near adjacent thereto, and also what practising to that effect hes been continually thir three years bypast, and even now, of late dayes within our own bowells, be our common conspired enemies, alsweill within as without this realme; how they went to their enterprize, if God had not of his meere mercy prevented, be- yond all our knowledge and expectation, their cruell and crafty prac- tises : Upon the whilk consideration, the Assembly, at this present Conventione of the Kirk, accustomed at the course of tyme occur- rand, hes found it needfull and expedient to repare the decay and ruine of the kirk so vertuouslie begune amongst us, be ane uni- versall concurrence and consent of the haill proffssors of Christ Jesus within this realme, and be the same meanes to evite the foresaid danger hingand over our heads, proceeding from the craft of our implacable enemies, alsvvell within as witliout the same ; and to that effect hes ordained ane Generall Assembly of the haill professors of all estates and degrees, within the Kirk of Scotland, to be hulden within the town of Edinburgh, upon the 20th day of the next moneth of July, whereby ane perpetuall order may be taken for tlie liberty of the Kirk of God, sustentation of the ministers, and failzied members thereof, and that ane sure union and conjunctione may be had for the liberty of God's Kirk, whereby we may be able to with- stand the rage of violence of our foresaid enemies: And because it has pleased the goodness of God so to move your lordship's heart, that ye are becouie ane notable insfrunient and minister of his kirk, as our hope is, so shall our prayer be, that ye may continue in- creasing from vertue to vertue, unto life everlasting. We thought it our duty, in nanie of our haill brethren here conveened, tonolify to your lordsliip the foresaid appointment of the said Assembly, and in the name of the Eternall, our God, to recommend to your care and solicitude the building of this ruinous house of God within tins 1567.] KIRK OF SCOTLAND. 57 realme ; requireing also, in His name, that ye will give your person- all presence, labours, and concurrences to that effect, as in the fore- said Assembly to be holden the said day ; that the haill body may be comforted be the presence and good advyce of so notor ane member thereof: And because we doubt nothing but your lordship shall be present, showing so long experience of your good part in all tyraes past, we cease to trouble you with longer letter, refer- ring the rest to be declared be our brethren the commissioners of the kirk, who, to this effect, are direct to your lordship and uthers our brethren in these parts ; and we, for our part, with earnest prayer before God, shall pray to augment in you his love and fear, and bless your lordship, to the comfort of his kirk. Amen. From Edinburgh, the 2eth of Junii 1567. Be your lordship to command, with service in Christ Jesus, in name and at command of the rest of our brethren liere as- sembled. Sic subscribitur, Jolin Erskine of Dun, Mr John Spotswood, John Dowglass, Jolm Knox, John Row, and John Craig. The names of the persons to whom this Letter was directed are, the Earles Hunllie, Argyll, Cassills, Rothes, Crawford, Menteith, and Glencairne ; Lords Boyd, Drummond, Hereis, Cathcart, Ze^- ter ; Master of Grahame, Fleming, Livingstone, Forbes, Sal- tone, Glames, Ogilbie ; Master of Sinclare, Grey, Oliphant, Methven, Innermaith ; Master of Flowrievaill ; Barrens Locli- invar, Garles, Slireff of Aire, Glenurchart, Sir James Hamil- tone, Bonytoune ; Commendators, Arbroth, Kilwinning, Dumferm- ling, St Colmes, Newbottle, Halyrudehouse. The Superintendants and quarters of countries were ordained to direct this letter to the forsaids persones severallie. Tenor of the Commissiones given to every ane of the forsaids Commissioners within every one of their bounds respective, foUowes : — Forsuameikle as Sataiie, this lang tyme, in his members, has so raged and perturbed the good success and proceedings of Christ's religione within this realme be craftie meanes, and snbtill conspira- cies, that the same from tyme to tyme doeth decay, in hazard al- together to be subverted, unless God of his mercy finds hastie re- nieid ; and that cliiefly through the extreme povertie of the ministers who should preach the word of life to the people, who therethrough 58 BOOKE OF THE UNlVERSALL [1567. are compelled some to leave the vocatione alluterly, and some uther so abstracted be careful povertie that they may not insist so dili- gently in the exercise of the word as they wonld doe: And there- fore the Kirk, presently conveened at Edinburgh in this Generall Assembly, lies thought it most necessare be thir presents to request and admonishe most brotherly, all sic persons as truely professe the Lord Jesus within this realme, of what estate or degree that ever they be, alswell the nobility, barons, and gentlemen, as all uthers trew professors, to conveen in Edinburgh the '20th day of July next in their personal presens, tliere to assist with the Councill and power for order to be taken, alswell towards the establishing of Christ's religione universallie throughout this realme, and abolishing of the contrarie, whilk is Papislrie, as the sustentatione of ministers, not only fo*" the present tyme and instant necessitie, but also for ane perfect order to be taken in all tyme comeing, toward the haill libertie of the patrimonie of the Kirk, and the dew restoring of the same to the just possessors thereof according to the word of God: With certification to all and sundrie, of what estate or degree what- soever they be, that compears not, due advertisement being made to them, that they sliall be repute hereafter as hinderers of this most godly purposs, and as dissimulate brethren, unworthie to be esteem- ed hereafter of Christ's flocke ; seeing God of his mercy at this present hes offered some better occasion nor in tyme bygone, and hes begune to tread downe Satan under foot, and for the duo requi- sitione and admonitione, in name of the Eternall God, to the effect forsaid, of all and sundrie the brethren, alswell in burgh as to land, The Kirk presently conveened in this Generall Assembly be thir presents gives ttieir full power and commission to their lovites (N. and N.) for the bounds of (N.) In verification hereof, thir presents are subscribed be the common clerk of the Kirk in the Generall Assembly, and second Session thereof, holden at Edinburgh the 26th of Junii 1567. Sess. 3a- Junii 27, 1567. QUESTIONES AND THEIR ANSWERS. Ane man being accused of notorious fornication, promised faith- fully to the minister for the tyme to abstaine in all tyme comeing from all society with that woman, and in case he chance to have any dealings with her hereafter he should marry her — thereafter he 1567.] KIRK OF SCOTLAND. 59 meddled with the same woman : Quccritur, whether this man may be compelled to keep the forsaid promise or not ? The Kirk ordaines all sic promises to be of none effect, and that none be compelled to marry upon sic promises ; and ordaines this offender to be punished for his offence. Whetiier if it be lawfuU to marry her whom he before in his wife's tyme had polluted with adulterie, his wife now being dead? The Kirk will not grant this thing to be lawfull that God's law damns ; neither yet admitt any sic marriage for causes contained in the law. Ane man being divorced for adulterie — Quceritnr, whether he may marry again or not ? The Kirk will not resolve herein shortly, but presently inhibits all ministers to meddle with sic marriages, whill full decision of the question. Sessio4ta, Junii 28, 1567- Anent ane complaint given in be the brethren of the kirk of Machlin, That where they had, be the just law of God, pro- nounced the sentence of excommunication against John Spotts- wood of Foulde, sometyme ane Elder of the said kirk, for tlie hor- rible cryme of adultrie committed be him ; Nottheless, Sir William Hamiltone of Sanquhair, Knight, now ane Elder of the said kirk, plainl}' maintaineth the said John in his house, notwithstanding the said John is excommunicat, to the greate sclander and offence of God his law : And albeit the said Sir William hes been diverse tymes admonished to withdraw his familiar company frae the said Johne, j^et not abstract the same, to the offence of many ; require- ing the Kirk presently assembled to take order herein, according to the wisdome of the brethren present, that farder sclander ryse not therethrough. The Kirk ordaines ane letter to be sent to the said Sir William, requireing him to remove the said John Spottswood out of his company, and the same to be subscribed be the Clerk of the As- sembly ; the tenor whereof follows : — Right Worshipfull, &c. — -Forsuameikle as we are informed be the minister and ane part of the elders of the kirk of Machlein, that ane called John Spottswood, sometyme an elder of the said kirk, for the adulterie committed be him in the tyme he was an elder, and the same beand sufficiently proven, hes been, and is publickly 60 BOOKE OF THE UNIVERSALL [1567. excommunicat; Nottheless ye now, being ane elder of the said kirk, contrare to your charge and vocation, niaintaines and keeps in your company the said John, notwithstanding diverse admonitions made to you to put him therefrae, to the great contempt of God's ordi- nance, and sclander of the Kirk of Jesus Christ, whilk we looked not for at your hands, being placed in so honourable ane rowme within this kirk : Therefore, this is most heartily to require you, in the name of the Eternall God, and as ye look to reigne with [his] Son Jesus Christ for ever, to remove from you all manner of sclander, and be not partaker of uther men's sins, but remove from your societie that wicked persone, who being abhored be the faith- full, may be God's grace repent his impietie, and relurne to that company of the fFaithful, from the whilk be his hainous offence he hes so horribly fallen ; in the whilk doing ye shall not only please God, but also have praise of us your brethren ; utherwise we may not with safe conscience suffer sic maintaining of wickedness, but must oppose ourselves thereunto, and use the censures of the kirk, alsweell against the maintainer as the committer of manifest crymes : And this, wishing unto you the spirit of righteous judgement, com- mitt you to the protection of the Omnipotent From Edinburgh, out of our Generall Assembly, and fourth Session thereof, the 2Sth of Junii 1567. The haill kirk thought good that ane publick ffast should be pro- claimed in the tonne of Edinburgh only, to begin on Sunday the 13i;h of July nixt, and on Sunday the 20th of the same; and so was the Assembly dissolved, and ajipointed the 20th day of July nixt to come to Edinburgh. [FOURTEENTH GENERAL ASSEMBLY.] The Generall Assembly of the Kirk of Scotland, conveened at Edinburgh, the 21st day of July 1567 ; In the whilk were assembled Earles, Lords, Barrons, whose names are written after the Articles be them subscribed, with the Superintendants, Ministers, and Commissioners of Townes. Thanks was given to God be Mr John Ciaig, Minister of Edinburjih. 1567.] KIRK OF SCOTLAND. 61 Sess. 2s Julii 22, 1567- Tenor of the Letter of Excusatione of the Earle of Argyle, of his absence from this Assembly, foUovveth : — After our most hearty commendatione : We have receaved your writings. Understandand be the same your earnest travells and godly zeale in erecting of this our kirk within Scotland ; according to our dewties and your Assembly to tliis effect, wheruiito ye have desyred us, yet somethings having admiratione that ye should have assigned your Assembly, whereunto ye desyre the principall mem- bers of the haill kirk, without their owne advyce and consent. Having concurred with them of before alsweell anent the places of Assembly as in matters to be treated in the same, be reasone the brethren else assembled in Edinburgh are in armes, and as we un- derstand, the rest that is to come there comes in the lyke manner, whilk is far by the use and customed manner we have seen before ; and as it is not unknown unto you what varietie is presentlie in this realnie, yet not doubting your intents and myndes to be only direct as ye have afore showen : Nottheless, because our brethren else assembled in Edinburgh are in armes, accompanied by men of weir, we not being participant with their proceeding, neither yet hes adjo^'ued ourselves thereintill, cannot at this tyme be present at the tyme appointed, according to your desyres ; yet «ssining you, likeas in tyme past we not only have bestowed our goods in the raaintainance of God's cause, but also has hazard our life and our friends, in the same state we mynde to continew ; and since the impediment to our conveening, albeit willing to all godly proceed- ings, is for the causes after specified. In the mean tyme, we will earnestly request you that no novations nor alterations be made or attempted whill our meeting, whilk we trust in God shall be shortly, so that none of our brethren nor we in absence have occa- sion to mislyke any of your proceedings ; because sic grave mat- ters requires ane common consent alswell in their aj)proveing as that they may the better be born with : for your awn wisdomes we doubt not will consider the factiones of our adversaries, that they will never allow our doings, and therefore it is more than necessar there be no diversitie of mindes amongst ourselves ; yea, we will finde all matters frame the better if we be all present when they are concluded : So, not willing to impasche you with long letters, hes 02 BOOKE OF THE UA'IVERSALL [15G7. committed farther of our minde to this bearer your servitor, to whom please give crcdite ; and so committs you to God. The 18th of Julii 1567. Your assured in the Lord, Ar. Argyle. The tenor of the Commendators of Arbroath, Kilwinning, and my Loi'd Boyd's excusations, agreeing in all poynts, follows: — After most hearty commendationes in the Lord Jesus : We have received your writting, dated at Edinburgh, the 26th of Junii, schawand in effect, albeit God in his goodness hes sent the light of the Evangcll of salvation within this realme, to the great comfort and prosptritie of all the faithfull within the samen, and their pos- terities ; yet, nevertheless, Satane, with his ministers, at every light occasion hath frustrate, in tymes past, the ministrie of their life and sustentation, the lame and impotent members of Christ alsvveel frustrate of their livings, dieing in the street for hunger and cold, and the liaill flock of Christ Jesus within this realme continually threatened to be made sacrifice of be the practice of the enemies, as your writtings containes at length : ffor meeting of the whilk, and provyding remead thereto, ye desyre us to be in Edinburgh the 20th of this instant at the Assembly of the Kirk, whereby ane per- petuall order may be taken for the libertie of the Kirk of God, the sustentation of the ministrie, and the failzied members thereof, so that the haill members of the Kirk might be sure union and con- junction, be more able to gainstand the violence of the foresaids ene. mies. For answer : It is not unknown unto you how the nobilitie of this realme is divided be reason of the Q,. Majestie holden where she is, and that the towne of Edinburgh, where ye desyre us to conveen, is keeped straitly be ane part of the nobilitie and men of warr of their retinue, to whose opinicm we are not adjoined as yet ; and, therefore, we cannot think ourselves sure to conveen the said day and place ye desyre us to keep ; and also thinks marvell the haill multitude of Protestants within this realme should have been de- syred to have conveened in sic ane place ; the matter stand- and as it does. Nevertheless, we favour our party shall be willing to sett forward at all tymes the light of Christ's Evangell to be clearly preached, and the ministers thereof to be sustained, and the furthering of the polieie conceining tiie Kirk in all sorts, so far as it 1567.] KIRK OF SCOTLAND. 63 may stand be ane law. Likeas, we have been in all tyiiies bypast, since it pleased God to open our eyes and shew the light of his blessed word ; and thus will cumber you with no longer Letter, but prayes God to have you in his eternall protectione. At Haniil- toune, the 19th of Julii 1567. Your loving friend at power in all godliness, Arbroth. Aberdeen Excusatione. Right Honorable and weel-beloved brethren, after our hearty comniendationes in the Lord Jesus Christ: This present is to ad- vertise you that we have received your Letter; and, at the requi- sitione of our minister and Provest, haveing commissione thereto, hes sighted, seen, and considered your writting and Act of tlie Generall Assembly, in the whilk is contained the great labours taken be Satane and his members making impediment to the proceedings of the Evangell and furthsetting of the glory of God, sustentation of tiie ministrie, the poor and needy, and the contraire now to be provided be the Assembly Generall of the Christian Kirk of this realme now to beconveined, the 20th of July instant, craving of us our concurrence to the effect forsaid, together with our personal presence. It shall please your Wisdomes ; understand, and most assuredly believe us professors of the Evangell of the Kirk, within the Burgh of Aberdeen, to be of ane minde, and, be the grace of God, to continue to the maintenance of the furthsetting of the Glory of God, teaching of the true Evangell and sustentation of the ministers, with help unto the poore, and unto the tyme your Wisdomes, with the nobilitie, find ane order universall for the min- istrie, we shall, for our own part, God willing, sustaine our minister, so that of reason he shall have no cause to plaint, and to the poore after our power doe semblablie, as ulher burroughs shall take order; and, as to our personall presence to conveen at this tyme, hes given and sent our minister, Adam Herriot, to concurr and assist in our name to the effect forsaid, and to declare unto your Wisdomes the impediment of our personall presence at this tyme; praying your Wisdomes, notwithstanding our absence, to credite us faithfullie to abide at your decree to be sett out be you and the Assembly, to the effect foresaid, and to maintain the samen with our bodies and goods as tyme shall reqyre. And, farther, having no occasione at this present to wryte, committs you to the protectione of the High- 64 BOOKE OF THE UNIVERSALL [1567. est. Writtf-n at Ah<>rdeene, t!ie 12tli of this instant, and subscribed with our Provest's iiaiid, at our comnmnd, at Abeideene, be them that are your assured, Thomas Menzies. Sess. 3d, Julii 23, 1567. Certain brethren were appjinted to conveen to sie and advyse uuon the Assignatione of the Stipends of the Miiiistrie lately as- signed be tlie Queen's Majestie, the good payment, who fand in effect as follows; — We have seen the assignationes within the shrefFdonies of Kin- cardine, Forfar, Perth, and Fyfe, and finds that all the haill con- tained therein, at least for the most part, hes been thankfully payed, and that the collector hes given his charges for payment thereof duly, and rests nothing but to put them to the home, that there be letters direct, and commission given in the said letters, with consent of tlie tiiesaurer, to collect and uptake the haill fruits of the bene- fices of so many as past to tlie home for the 1566 year, and sick- lyke for the 1567 year instant, so long as they remane, and to make conipt of the thrid to the ministrie, and so meikle of the two part as they intromett with to the thesawrer as escheat ; and as to the vic- tuall within the forsaids shyres, we finde that long before any let- ters raised upon this assignation, and before the baptisme of the prince, they were sold to the comptroller, and therefore he must be charged in his compts to rander sa meike of the prices heirof againe to the ministers, as is contained in his assignation. Touching the thirds of the ministers' assignation beyond Die, except Orkney, findes be the collector that the 1566 yeares cropt is not used to be payed whill Lambes in the 1567 year after; and for execution given to him within bounds shall pass with the possible diligence, and chari^e that haill bounds according to the letters, of the whilks he supposes good payment, as hes been of before, except the bishop- rick of Caithness, whilk the collector alleadges the bishop payes to his ministers of his own kirk, conforme to the* book and compts made of before. Item, Deare, Dunnett, and Pilorthe, are given free to the Earle Marschell, and the friars of Aberdeen, to Captain Lau- der ; !)ut it is understood that all the gifts are revoked, and therefore the collector is to charge them. Item, The victuall within the same bounds are sold ut supra, and therefore the comptroller in his compts sliall render conforme to the first article. Item, Besouth Forthe 1567.] KIRK OF SCOTLAND. 65 nothing gotten in ; but the collector alleadgea that Duncan Living- stoune hes taken up 1 1 sh. of xxxvij lb. 1 1 sh. ijd., as he hes granted be the particular receipt, and therefore he must be charged to de- ly ver the same to the said collector. Item, Of the thrids contained within his collectorie, that it is alleadged discharged of the Abbay of Cambuskenneth, to 323 lb. 6 sh. 8d. 3 chalders beir, and 3 chalders meall. The thrids of Drybrugh, 304 lb. and 62 part boll qwhyte, 8 chalders, 2 bolls, two part boll beir, 7 chalders, 10 bolls, two part boll meill. The thirds of Melros, Haddingtoune, and Northberrwick, the third of Kelso and Coldinghame ; as to Dumfries, Annandale, and Kirkcudbright, and Wigtoune, the Bishope of Gallaway hes deput certain collectors for satisfactione of the ministers within the samen. Item, Within Kyle, Carrick, and Cunninghame, executiones past, and believes to have payment at the nixt ganging in the countrie. Item, Corsraguel is given frie, and the minister of Fairfurd is evill payd that the act be reised, made be the Queen's Grace and Secret Councill, dischargeing the gifts and tacks of all the thirds, and that nane be given hereafter, without advyse of the Secret Counsell, to the effect the collector may charge, notwithstanding any sic gifts. Remember that ilk collector execute within his bounds, that letters be direct, with consent of the thesaurer, according to the first article. The Noblemen, Barrones, and uthers undersubscryvand in this present Assembly of the Kirk of God, hes condescended and agreed to the articles following, at Edinburgh, Julii 20, 1567 : — In the first : Forswameikle as there was ane Parliament holden in this realme, before the Queen's Majestie's arrivall in the same, be the estates conveened for the tyme, authorized with her Heines own power and commissione ; in the whilk Parliament it was con- cluded, that the religione of Jesus Christ be universallie receaved within this realme, should be universally established and approved within the same, and all Papistrie, with the Papists usurped juris- dictione, all Idolatrie, and especially the blasphemous Masse, be abolished and put away; as the acts made thereupon proports : Quhilk acts, together with the Queen's Majestie's power to hold the same Parliament, the Noblemen, Barrons, and uthers under- subscrivand, wills to be extract and putt in full executione as ane publick law, and that the transgressors thereof be punished accord- 66 BOOKE OF THE UNIVERSALL [1567- ing to the same throughout the haill realme, without exceptione : Whilk Parliament in all things concerning the Religion, they shall defend and raaintaine at their uttermost, in the first Parliament whilk shall be holden at all uther tymes and occasiones conve- nient : Jtem, That the act allready made towards the thirds of the benefices within this realme, principally for sustaining of the mi- nistrie, may be dewly put to executione, according to the order of the Book of the appointment of ministers' stipends, allsweel of them that are to be appointed, as for them already placed ; and that the mi- nisters be first duely answered and sufficiently sustained of the same, to the relief of their present necessitie, ay and whill ane perfect order may be taken and established toward the full distri- butione of the patrimonie of the kirk, according to God's word ; and that also the ordinance made be the Queen's Majestic and her Councill towards the small benefices, now extending to the asoume of three hundred merks, be dewly put to executione, alsweell to- ward the benefices whilks hes vaiked since the date of the said or- dinance, as concerning them that shall happen hereafter to vake, and sicklike the act made towards the anuales, abies and altarages of burrowes. Jtem, How soon ane lawful Parliament may be had, or that the occasione may utherwayes justly serve, the nobles, barrones, and uthers of the Kirk undersubscryvand, shall labour and prease at their uttermost, that the faithfull Kirk of Jesus Christ profest within this realme, shall be put in full liberty of the patrimony of the Kirk, ac- cording to the Booke of God and the order and practise of the pri- mitive Kirk, and that nothing shall passe in Parliament unto the tyme the matters of the Kirk forsaid be first considered, approved, and established ; and in the meantyme the professors undersubscry- vand consents and offers to reforme themselves according to the Book of God, whilk they shall put in practise, and the refusers to be secluded from the bosome of the Kirk. And, moreover, in the said next Parliament, or utherwayes at the first occasione, order shall be taken for ease of the poor labourers of the ground, toward the payment of their teyndes in reasonable manner, and how the samen shall not be sett over their heads, with- out their advyse and consent. Item, That nane be permitted nor admitted to have charge over schooUs, coUedges, or universities, or yet openly or privately to in- struct the youth, but sic as hes been tryed be the Super^tendants 1567.] KIRK OP SCOTLAND. 67 and visitors of the kirks, shall be found sound and able in doctrine, and admitted be them to their charges. Item, That all crymes and offences committed against God's law may be severally punished according to the word of God, and where laws are presently appointed for the punishment, and judges also deput to that effect, that the executione may be made there- upon as effeirs : And where neither laws nor judges are appointed for sic crymes as are to be punished be the law of God, that in the first Parliament the same judges may be appointed, lawes established, as God commands in his word. Item, That since the horrible murther of the Queen's Majestie's husband is so odious not only before God, but also to the haill world, with continuall infamie and shame to this realme, if the same murther shall not be punished accordingly : Tlierefore the noblemen, barrones, and uthers undersubscryvand shall, with all their forces, strength, and power, concurr and assist to take plaine part together, to further and maintaine the punishment of the said murther on all and whatsumever persones that shall be found guiltie of the same; seeing the plague of God shall not depart from the countrey or towne where innocent blood is shed, before the same shall be cleansed be shedding of the blood of the offenders. Seeing it lies pleased God of his mercy, to give ane native Prince to this countrey, appearand to be our Sovereigne, to the end he be not cruelly and shamefully murthered, as the King his father was, the nobilitie, barrones, and uthers uodersubscryvand, shall assist, maintaine, and defend the Prince against all that would doe him injurie. Item, That all kings, princes, and magistrates, whilk hereafter in any tyme to come shall happen to reigne and bear rule over this realme, their first intres before the}' be crowned and inaugurat, shall make their faithful! league and promise to the trew Kirk of God that they shall maintaine and defend, and be all lawfuU meanes sett forward the trew religion of Jesus Christ, presently professed and established within this realme, even as they are obliedged and ac- tricted in the law of God, alswell in Deuteronomie as in the se- cond chapter of the Book of the Kings, as they crave obedience of their subjects ; so the band and contract to be mutual and recipro- call in all tymes comeing, betuixt the Prince and God, and also be- tuixt the Prince and his faithfull people, according to the word of God. 68 BOOKE OF THE UNIVERSALL [1567. Item, That the Prince whom God hes given us, alsewell for his surety as good educatione, shall be committed to wyse, ancient, godly, and learned men of the realme, to be brought up within the same, in the feare of God, and vertew, whereby he may so profite in his youth, that when he shall come to his yeares of maturitie he may be able to discharge himself sufficiently of that honor and place where he shall be called, and prove that good king whilks, with all their hearts, they wish him to be. Item, The nobility, barrones, and utheris of the Kirk undersub- scry vand, in the presence of God, hes faithfully promised to con- veene themselves together with their power and forces, and here begine to root out, destroy, and allutterly subvert, all monuments of idolatrie, and mainely the odious and blasphemous Masse ; and therefore to goe forward throughout this haill realme, to all and sundrie places, whatsomever idolatrie hes fostered, haunted, or maintained, and chiefly where masse is said, to execute the refor- matione forsaid, without exception of place or persones ; and shall to the uttermost of their power, remove all idolatrie and uthers that are not admitted to the ministrie any manner of way, of the Kirk, from all functione thereof, alswell private as publick, that they hinder not the ministrie any manner of way in their vocatione ; and in place of the premises, sett up and establish the true religion of Jesus Christ throughout this haill realme, be planting of Superintendants, ministers, and uthers needfull members of the Kirk, seeing the host of the Lord shall pass through the haill countrey to this effect; and also shall proceed to the punishment of idolaters according to the law thereupon pronounced : And sicklyke, shall punishe and cause be punished, all uthers vices that presently abounds within this realme, whilk God's law and the civill law of this realme commands to be punished, and chiefly the murther of the King lately commit- ted ; and in lyke manner promises faithfully to reforme schooles, colledges, and universities throughout the whole realme, and expell and remove the idolaters that hes charges thereof and uthers who hes not as yet joyned themselves to the trew Kirk of Christ, and plant faithfuU ministers and instructors in their roomes, to the effect the youth be not infected be poysonable doctrine at the beginning, whilk afterwards cannot be well removed away. Follows the subscriptiones of the Earles, Lords, Barrones, and uthers Commissioners present for the tyme : — Mortowne. Glencairne. Marr. Home. William Lord Ruth- 1567.] KIRK OF SCOTLAND. 69 ven. Sanquhair. Patrick Lord Lindsay. Grahame Lord Inner- maith. Ochiltrie. Sir James Balfour. James M'Gill. Tullibar- dine, Comptroller. William Maitland. John Erskine. John Wischart. Glenbervie. John Cunninghame of Drumquhassell. William Kirkcaldie. John Cathcart of Carltoune. William Mon- ereiff. Drumlanrick. Bargavy. Andrew Wood of Largo. An- drew Stewart. Robert Fairlie of Braid. Archibald Wood. George Barclay of Mathirs. George Torry of Kelwood. George Home of Spott. Mr William Lundie. Gilbert Kennedy of Dalquhorne. James Melville of Reath. Qwhittinghame. Rassyth. Barrow. PittencreifF. Andrew Ker in Fawdensyde. Thomas Scott of Har- ine. Henrie Grahame. John FuUertone of Dreghorne. Alexan- der Guthrie of that Ilk. William of Craigings. William Durhame of Grange. Thomas Dischingtowne. Thomas Scott of Thirlstane. George Straitoune of that Ilk. Alexander Chrichtoun of Carko. Mr John Wood. Alexander Ogstowne of Fethercairne. Patrick Kynninmounth. Robert Lindsay, Thesaurer. John Culless. Wil- liam Menzies. John Melvill. William Edmonstoune of Drumleith. Robert Murray. John Shaw. John Stewart of Mynto. Gilbert Ogilbie of that Ilk. James Chalmers of Gaitgirthe. Commis- sioners of Townes — For Edinburgh, Alexander Clark, Bealie, Mr Clement Little, Mr John Prestowne, Mr Richard Strang : For Air, PauU Reid, Richard Bannatyne, Gilbert M'Millane : For Irving, Alexander Cunninghame, Alexander Comraendator of Culross : For Glasgow, Mr David Weymes, James Boyd, William Howburne, Alexander Forrester : For Jedburgh, Chirnside, Kynnochie Mac- kenzie, Robert Monro of Souls. The Convention of Brethren, holden in Edinburgh the 15th of December 1567, before the Generall Assembly of the haill Kirk, to begine the 25th of the forsaid moneth. First were nominat and chosen for every province, brethren to reason and conferr upon sic things as appearandlie sould be neces- sary for setting fordward the affaires of the Kirk, without prejudice of the Generall Assembly and actiones thereof, December 27, 1567. Anent the crymes of incest and adulterie, and punishment to be taken thereanent in the nixt Generall Assembly, the brethren pre- sently conveinit thinks it necessar that every minister, with the elders and deacons, shall search out within their bounds at their sessions, the forsaids crymes if they be notore, thereafter to signifie 70 BOOKE OF THE UNIVERSALL [1567. the samen to the Superintendant of the diocie at his Synodall Con- ventione, and he thereafter to notifie the same to the supreame ma- gistrate, requiring to ministere justice and punishe sic hainous offences according to the law of God, as he will answer to the Su- preame Judge at the day when no respect of persons shall be had ; and where no Superintendants are yet placed, that the ministers, elders, and deacons, declare the saids crymes to the Generall As- sembly, to the effect forsaid. [FIFTEENTH GENERAL ASSEMBLY.] The Generall Assembly of the Kirk, conveened in Edinburgh, in the Nether Tobooth thereof, the 25th of December 1567 : In the whilk were present Earles, Lords, Barrones, Super- intendants, Ministers, and Commissioners of Townes and Kirks. The invocatione of God's name was made be Mr John Craige, ane of the ministers of Edinburgh. For eschewing of confusione in reasoning in this present Assem- blie, was chosen Mr John Row, minister of St Johnstone, to be mo- derator. Sess. 2a. December 26, 1567. The haill Kirk assembled thought it meet that certain brethren be appointed to concurr at all tyraes with six persones of Parliamenti or Secret Councill, as my Lord Regent's Grace hes nominat for sic affaires as pertaines to the Kirk and jurisdiction thereof, and also to discusse of questiones that may occurr in the meanetyme, whais names followes : — Mrs John Knox, John Craige, ministers of Edin- burgh ; the Superintendants of Angus and Louthiane, David Borth- wick, Thomas M'Calzeane, Mr David Lindesay, minister of Leith, George Hay of Ruthven, and John Row. Sess. 3a. December 28, 1567. Ordaines that Superintendants and Commissioners appointed shall plant ministers vaikand in sic rowmes where the parishioners will gladly sustaine them on their owne expenses, whill other order 1567.] KIRK OF SCOTLAND. 71 be had ; and that they remove nane out of their rowme, being found qualified, without the advyce and consent both of the ministrie, and kirk-worthie of the place. Sess. 4a. December 30, 1567. Anent the accusatione laid to my Lord Argyll's charge, touching the separation betwixt him and his wife ; declared that he was not the occasione thereof. As to other offences whatsoever, wherthrough he hes been anywayes sclanderous to the Kirk, he was content to subject himself to the discipline of the Kirk at all tymes maist willinglie ; and, therefore, the Kirk ordained the Su- perintendant of Argyle to take tryall of the saids sclanders com- mitted be the said Earle, and thereafter to cause sic satisfaction be made, as God's Law appoints, and to report the order thereof to the next Generall Assemblie of the Kirk, together with his own diligence in executione of his office of Superintendancie. Anent the marriage of the Queen with the Earle Both well, be Adam, called Bishop of Orkney ; the haill Kirk finds that he trans- gressed the act of the Kirk in marrying the divorced adulterer ; and, therefore, deprives him of all functione of the ministrie, con- forme to the tenor of the act made thereupon, ay and whill the Kirk be satisfied of the sclander committit be him. The same day Mr John Grange was bruitit for proclaiming the bands betwixt the Queen and the Earle Bothwell ; who answered be word, justifying his proceedings thereanent, and was ordained to give in his purgation in write, to the effect his good mynd and pro- ceedings may be knowne to all and sundrie that hereafter would be satisfied thereanent. TENOR OF THE FORESAID PURGATIONE. To the end that all that feares God may understand my proceed- ings in this matter, I shall shortly declare what I did, and what moved me to defend the samen, leaving the finall judgement of all things to the Kirk. First, be the request of Mr Thomas Hepburne, in the Queen's name, to proclame her with Lord Bothwell, I plain- ly refused, because he had not her hand wreit ; and also the com- mon bruit that my Lord had both ravished her and keeped her in cap- tivitie. Upon Wednesday last the Justice Clerk brought me ane writ- ing subscryved with her hand, bearing in effect that she was neither ravished nor yet retained in capCivitie, and, therefore, charged me 72 BOOKE OF THE UNIVERSALL [1567. to proclaiuie. My answer was, I durst proclaime no bands, and chiefly such without consent and command of the Church. Upon Thursday next, the Kirk, after long reasoning with the Justice Clerk, and amongst the brethren, at length concluded that the Queen's mynde should be published to her subjects thrie nixt preach- ing dayes : But, because the Generall Assembly had inhibited all sic marriages, we protested we would neither solemnize, naither yet approve that marriage, but would only declare the Prince's mynde, leaveing all doubts and dangers to the counsellors, approvers, and allowers of that marriage : And so, upon Fryday thereafter, I de- clared the haill minde and progress of the Kirk, desyreing every man, in God's name, to discharge his conscience before the Secret Councill ; and to give boldness to uthers, I desyred of the Lords there present in tyme and place, to speak my judgement before the parties, protesting, if I were not heard and satisfied, I either wald desist from proclameing, or else declare my minde publickly before the Kirk. Therefore, being admittit, afternoone, before my Lord in Councill, I laid to his charge the law of adulterie, the ordinance of the Kirk, the law of ravishing, the suspicion of collusioune betwixt him and his wife, the sudden divorcement and proclaiming within the space of four dayes, and last the suspicioune of the King's death, whilk his marriage will confirnie. But he answered nothing to my satisfactione: Wherefore, after many exhortationes, I protested that I could not but declare my minde openly to the Kirk. There- fore, upon Sonday, after I had declared what they had done, and how they woulc^roceed whether we would or not, 1 tooke Heaven and earth to witness that I abhorred and detested that marriage, because it was odious and sclanderous to the world ; and seeing the best part of the realme did approve it, either be flatterie or else be their silence, I desyred the faithfull to pray earnestly that God would turne it to the comfort of this realme, that thing whilk they intended againes reasone and good conscience. I, because I heard some persones gangand againes me, used thir reasones for ni}' de- fences: First, I had broken no law be proclaiming of thir persones at their request : Secondly, If their marriage was sclanderous and hurtful!, I did well for warning all men of it in tyme : Thirdly, As I had of dewtie declareit to them the Prince's will, so did I faithfully tell them be word and example what God craveit of them. But upon Tuesday last I was calleit before the Councill, and accuseit that I had passed the bounds of my commissioune calling the 1567.] KIRK OF SCOTLAND. 73 Prince's marriage odious and sclanderous before the world. I an- swered, the bounds of my jurisdictione, whilk was the word of God, guid lawes, and naturall reasone, was able to prove whatsoever I spake ; yea, that their owne conscience could not but beare witness that sic a marriage would be odious and sclanderous to all that should hear of it, give all the circumstances thereof were rightly considered: But whill I was comeing to my probatione, my Lord put me to si- lence, and sent me away ; and so upon Wedensday I first repeatit and ratified all things before spoken ; and after, exhorted the brethren not to accuse me give that marriage proceeded, but rather them- selves, who would not, for feare, oppone themselves, but rather sharpeit their tongues against me, because I admonished them of their deutie, and suffered not the kankert consciences of hypocrites to sleep at rest ; protesting at all tymes to them, that it was not my proclaiming, but rather their silence, that give any lawfullness to that marriage : fFor as the proclaiming did take all excuses from them, so ray private and publick impugnatione did safe my con- science sufficiently; and this farr I proceeded in this marriage, as the Kirk of Edinburgh, lords, earles, and barrones that heard me, beare me witnes. Now, seeing I have been shamefully sclandered, both in Scotland be wrang informatione, and als report of them that hated my ministrie, I desyre first the judgement of the Kirk, and next the same to be published, that all men may understand whether I be worthie sick ane bruit or not. Sess. 5*. December ultimo 1567. Anent the complaint give in against my Lady Argyle, declaring how sche once being at the table of the Lord Jesus, and professing his Evangell, had revolted therefrae, in giving her assistance and presence to the baptizing of the King in ane papisticall manner. The said lady being present, grantit that she had off'ended to the eternall God, and been ane sclander to the Kirk in committing the premises ; and therefore wiltingly submitted herself to the discip- line of the Kirk and discretioune of them. Therefore, the Kirk or- daines the said lady to make publick repentance in the Chapell-Roy- all of Stirling, upon ane Sonday in tyme of preaching ; and this to be done at sick tyme as the Kirk hereafter shall appoint to the Su- perintendant of Lowthiane, provyding alwayes it be before the next Assembly. APPENDIX OP DOCUMENTS ILLUSTRATIVE OF THE PROCEEDINGS OF THE FIRST FIFTEEN GENERAL ASSEMBLIES. The period of time referred to in this First Part of the Booke of the Kirk, extending from the year 1560 to the end of 1367, embraces the earliest era of its existence as a National Church, recognized in the first instance, and ultimately established by the law of the State; and it has been deemed expedient, in this special por- tion of the present publication, to annex the various acts of Privy Council and Parliament, applicable to that period, as an Appendix to the actings of the first fifteen General Assem- blies of the Church, many of which bear reference to these enactments of the civil authorities. These civil and ecclesiastical proceedings throw mutual light on each other, and, conjoined, they afford the most satisfactory view of its progress from the time that it was first sanctioned, until it was finally settled and en- dowed as the Established Church of Scotland. During the pe- riod referred to, it can only be viewed as a tolerated Christian so- ciety, but partially countenanced by the State, and struggling to obtain a permanent place among the settled institutions of the land. Thenceforward it is to be regarded as one of the integral elements of the constitution, blended and united with the mo- narchy and the supreme authority of the State in the Legisla- ture. And hence arises the propriety of thus conjoining the civil and ecclesiastical proceedings during this, the first epoch of its history as the Kirk of Scotland. ACTS OF PARLIAMENT. I. 1560, Aug. 17 — The Confessioun of Faith professed, ratifiet, and approveit in Parliament.* • Acts of Pari. vol. ii. p. 626. APP. 1560.] BOOKE OF THE KIRK, &C. 75 II. 1560, Aug. 24 Concerning the Jurisdictioun and Authoritie of the Bisohope of Rome, called the Paip. The thre Estaitis, then being prefeent, vnderstanding that the jurisdictioune ande autoritie of the Bischope of Rome, callit the Paip, vsit within this realme in times bipast, hes bene verray hurt- full and preiudiciall to our Soueranis autoritie and comrnone weill of this realme : Thairfoir hes statute ande ordanit that the Bischope of Rome haif na jurisdictioun nor autoritie within this realme in tymes cuming. And that nane of cure saidis Soueranis subiects of this realme sute or desire in ony tyme heireftir title or rycht be the said Bischope of Rome, or his sait to ony thing within this realme, vnder the panis of Barratrye — that is to say, proscriptioune, banischement, and neuir to bruke honour, office nor dignitie within this realme. And the controvenaris heirof to be callit befoir the Justice or his Deputis, or before the Lordis of Sessioun, and pvnist thairfoir, conforme to the lawis of this realme. And the furnissaris of thame with fynance of money and purchessaris of thair title of rycht, or manteanaris or defendaris of thame, sail incur the same panis. Ande that na Bischop nor vther Prelat of this realme vse ony jurisdictioun in tymes to cum be the said Bischop of Romeis autoritie vnder the pane foirsaide.* III. 1560, August 24. — Anent the Abolition of Idolatrie, and all Actis contrair to the Confession of Faith publist in this Parliament. Forsameikile as thair hes bene diuers and sindrie actis of Par- liament maide in King James the first, secunde, thirde, ferde, and fyftis tymes, Kingis of Scotlande for the tyme, ande als in our Souerane Ladeis tyme, not aggreing with Goddis holie worde. And be thame diuers personis take occasioune of mantenance of idolatrie and superstitioune in the kirk of Gode, ande repressing of » Acts of the Parliament of Sfcotland, vol. ii. p. 533. (Mr Thomson's Edit.) 76 BOOKE OF THE UNIVERSALL [apP. 1560. sic personis as were professouris of the said worde, quhairthrow diuers innocentis dide suffir ; for eschewing of sic in time cuming, the thre Estaites of Parliament hes annullit ande declarit all sik actis maide in tymes bipast, not aggreing with Goddis worde, ande now contrair to the Confessioune of oure Fayth, according to the saide worde pnblist in this Parliament, to be of nane avale, force, nor effecte. And decernis the saidis actis and euery ane of thame to haue na effecte nor strenth in tyme to cum, bot the samyn to be abolishit and extincte for euir, insafer as ony of the saidis actis ar repugnant ande contrarie to the Confessioune and word of Gode foirsaidis, ratifiit ande apprevit be the saidis Estaitis in this present Parliament.* IV. 1560, Aug. 24 Anent the Abolitioun of the Messe. Forasmeikle as Almichtie God, be his maist trew and blessit Word, hes declarit the reuerence and honor quhilk suld be gevin to him, and be his Sone Jesus Christ, hes declarit the trew vse of the sacraments, willing the same to be vsit according to his will and Word J Be the whilk it is notoure and perfitelie knawin that the sacramentis of baptisme, and of the body and blude of Jesus Chryst, hes bene in all tymes bipast corruptit be the papistical kirk and be their ministeris. And presentlie, notwithstanding the reformatioun already maid according to Goddis Word, git, uottheless, thair is sum of the same papis kirk that stubbornlie perseueris in thair wickit idolatrie, sayand mess and baptizand, coiiforme to the papis kirk, prophanand thairthrow the sacramentis foirsaid in quiet and secreit places v regardand thairthrow nather God nor his holie Word. Thairfoir, it is statute and ordanit in this present Parliament, that na maner of persone or personis, in ony tymes cuming, administrat ony of the sacramentis foirsaids secreitlie, or in any vther maner of way bot thai that ar admittit, and havand power to that effect ; and that na maner of personis say mess, nor git heir mess, nor be present thairat, vnder the pane of confiscatioun of all thair guds, movable and vnmovable, and pvneissing of thair bodeis at the discretioun of the niagistrat, within quhais jurisdictioun sik personis happynis to be apprehendit ffor the first fait, Banissing the realme • Acts of the Parliament of Scotland, vol. ii. p. 535. (Mr Thomson's edit.) APP. 1561.] KIRK OF SCOTLAND. 77 for the second, Justifying to the deed for the third fait. And or- dainis all shreffis, stewaitis, baillies, and thair deputis, provestis and baillies of burrowis, and vtheris jugeis quhatsuinever, within this realrae, to tak. diligent sute and inquisitioun within thair bounds, quhair any sik vsurpit ministrie is vsit, mess saying, or thai that beis present at the doing thairof: Ratifyand and approvand the samyn, and tak and apprehend thame, to the effect that the panis abovewritten may be execut vpoun thame. V. 1561, Dec. 22 — Act of Convention of Estates. Sederunt apud Edinburgh, xxij. Decemhris Anno Ixjo- The samyn day, forsamekle as the Quenis Majestie, be the ad- vyse of the Lords of hir Secreit Counsale, foirseand the eminent truble quhilk appeirandlie wes to ryis amangis the lieges of hir realme for materis of religioun, to evaid the samyn, and to stay all inconuenientis that may follow thairupon, intercomonit with ane part of the clergie and stait ecclesiasticall, with quhome than ressoning being had, it was thot gude and expedient be hir hienes that ane generall conventioun suld be appointit the xv. day of December instant, quhairto the rest of that estate myt have repairit, and be the avise of the hale ane ressonable overture maid, and ordoure takin for staying of the apperand truble, and quieting of the hale ■countrey : Quhilk conuentioun being be her Maiestie appointit, and sindrie dayis of counsale keepit, and the said ecclesiasticall €stait oftymes requirit that the said ordoure myt be takin, and overture muid, for staying of truble and quieting of the cuntrie : Last of all, in presence of the Quenis Maiestie and Lords of Coun- sale foirsaid, and vtheris of the nobilitie of this realme, comperit John, Archbischop of Sanct Androis, Robert, Bischop of Dunkeld, Patrick, Bischop of Murray, and Henry, Bischop of Ross, and, for thame selffs respectiue, offerit to the Quenis Grace to be content of thrie partis of the rentis of thair benefices, and the ferd part thairof to be employit as hir Grace thocht expedient. And becaus the certantie thairof was not knawin, nor zit quhat sovvmes of money wald sufficientlie sustene the ministrie and ministeris of Goddis word within this realme, nor zit how mekle was necessar 78 BOOKE OF THE UNIVERSALL [aPP. 15GI. to support the Queiiis Maiestie abone hir awin rent for the com- moun efFaris of the cuntrie : thairfoir il is concludit, decernit, and determit be the Quenis Grace, and Lords of Counsale foirsaids, and vtheris of the nobilitie present, that gif the ferd part of the fruits of the hale benefices ecclesiasticall within this realme may be sufficient to sustene the ministeris throw the hale realme, and sup- port the Quenis Maiestie to interteny and sett ford wart the com- mone efFaris of the cuntrie ; ffelzeing thairof, the third part of the saids fruits or mair, quhill it be fund sufficient to the effect foirsaid, to be takin up zeirlie in tyme cuming, quhill ane generate ordoure be takin thairin, samekle thairof to be employit to the Quenis Majestic, for entertenying and setting fordwart of the commone efFaris of tlie cuntre : And samekle thairof to the ministeris, and sustentatioun of tlie ministerie, as may ressonablie sustene the samyn, at the sy* and discretioun of the Quenis Maieetie and Counsale foirsaid, and the excrescence and superplus to be assignit to the auld possessouris. And to that effect, that the rents and zeirlie avale of the hale benefices within this realme may be clearlie knawin to the Quenis Maiestie and Counsale foirsaids, it is statute and ORDANiT that the hale rentalis of all benefices within this realme be producit befoir hir grace and lords foirsaid, at the tymes vnderwritten ; that is to say, of the benefices on this syde of the month,* the xxiiij day of Januar nixtocum, and bezound the month, the X day of Februar next thairafter. And ordainis letters to be direct to officiaris of the Quenis shreffis in that part, to pass, charge, and require, all and sindrie archbischoppis, bischoppis, abbottis, commendatoris, and prioris of this realme, on this syde of tlie month, personale, gif thai can be apprehendit, and failzeiiig thairof, at the saids archbischoppis, bischoppis, abbottis, com- mendataris, and prioris duelling places, cathedrale kirkis, or ab- bayis, and all denis, archidenis, subdenis, chantoris, subchantoris, prouestis, personis, vicaris, beneficit men, thair chalmer- lanis and factoris, personalie or at their duelling places, or at thair parroche kirkis, quhair they suld remane, to exhibit and produce befoir the Quenis Maiestie, and lords foirsaids, the said xxiiij day of Januar nixtocum, the just and trew rentale of the avale and rentis of thair benefices, to the eflfect foirsaid; and to charge the prelattis and vtheris beneficit men on the zond syde of the month, • That is, the Mount or Highlands ; probably the Grampian range. APP. 1567.] KIRK OF SCOTLAND. 79 in maner respectiue foirsaid, to produce the just and trew rentale of their benefices befoir the Quenis Grace and lords foirsaids, the said X day of Februar nixtocum, to the effect above rehersit ; \vt- certifi- catioun to thame that failzies, the Quenis Grace and Counsale will proceid heirin as accordis : Andsicklyke to charge the hale superin- tendentis, ministeris, eldaris, and deaconis of the principale townis and schiris of tliis realine, to gif in befoir the Quenis Grace and Lordis of Counsale foirsaids, the said xxiiij day of Januar nixtocum, ane formale and sufficient roll and memoriall quhat may be sufficient and ressonable to sustene the ministrie and hale ministeris of the realme, that her Maiestie and Lords of Counsale foresaids may tak order thairintill as accords : And forder, that the Quen's Maiestie and Lordis of Counsale foirsaids ryplie and digestlie wey and con- sidder quhat necessar support is requirit to be takin zierlie of the frutis of the saids benefices, by her Grace's avn zeirlie rent to in- terteny and sett fordwart tlie commone effairis of the cuntrie agane the said xxiiij day of Januar nixtocum, that than it may be pro- cedit in the said mater, all parties be satisfeit, and the hale cuntrie and lieges thereof set in quietnes.* VI. 1567, April 19- — Act concerning the Religion. The quhilk day the Quenis Maiestie having considerit the es- tait of hir Majestie's realme that it stude at the tyme of hir arry vale furth of France, and yet presentlie standis at, foirtieing alssua the common weill of hir cuntrie gretumlie to be incressit and esta- blishit be the keiping of the commone peax and quietnes amangis all her gud subiectis. And like as hir Hienes sen hir foirsaid arryvall hes attemptit na thing contrar the estait of religioune, quhilk hir Maiestie fand publictlie and vniuersallie standing at liir arryvale foirsaid, quhairby hir Maiestie is maist worthy to be ser- uit, honourit, and obeyit ; richtswa hir Hienes intendis to continew in the samyne gudnes and gouernment in all tyme cuming, quhair- by all her gud subiectis, professouris of the religion foirsaide, sail half occasioune to praise God for her gud, happye and gratius go- uernement, and to crave of God from the boddum o£ thair harttis, * Acts, vol. ii. p. 606. 80 BOOKE OF THE UNIVERSALL [apP. 1567* that he wald oF his infinite gudnes to prosper and blis her Maiestie, and hir posteritie, with lang lyf, gud and happye gouernment, to reull and regnne ouer thame. And to the effect alssua that all hir Hienes gud subiectis, professouris of the said religioune, may assure thame selfis to be in full suretie thairof, and of thair landis, lyves^ benefices, offices, dignities, jurisdictionis, priuileges, gudis, fame, and honouris in time cuming, and with the better will, jeopard and hasard thair lyves and gudis in hir Hienes seruice aganis all iny- meis to hir Maiestie and to the commone weill of this realme at all tymes neidful, as thair predecessouris hes maist frankly done heirto- fore, and that vvithowt feir of ony pane, punishment, tynsell of landis, benefices and gudis, for professing, exerceing, and vsing of the said religioune in tymes bygane, and to cum, to be impute vnto thame or thair airis, nochtwithstandingony lawis, actis and constitutionis, and canone, ciuile or municipale, or vther quhatsumeuir ordinance heirtofoir institute in the contrar. And for thair greter suretie foir- said, ODR SAID souERANE, with the awyss of the haill thre Estait of Perliament, hes thocht neidful and convenient to dispenss, cass, ab- rogat and annuU, like as hir Maiestie presentlie dispenssis, cassis, abrogattis and annullis all and quhatsumeuir lawis, actis and con- stitutionis, canone, ciuile or municipale, with all vther constitu- tionis and practick penale introducit contrar to the foirsaid religi- oune and professouris of the sarayne ; and ordains thame and thair posteritie in all tymes to cum, to be fre and exemit from all pane corporall, infarae, reproche, depryving from benefices, dignitie or offices, or vther cryme or pane quhatsumeuir that may be incurrit or impute to thame be vertew of the saidis actis, lawis, ordinances, canone, ciuil or municipale, and practik, for contravening of the samyne, renunceand the samyne and strenth thairof in favouiis of our saidis subiectis to the effect foirsaid. And siclike the Quenis Maiestie of her auctoritie royall granttit to hir be God, with the awyss of the thre Estatis foirsaidis, takis to hir self and hir posteri- tie, all hir gude subiectis, thair benefices, landis, offices, guidis, and honouris, to be vnder hir sure salfgard, mantenance, protectioune, and defence perpetuallie, aganis quhatsumeuir foirane auctoritie, pouer, jurisdictioune, and persute, be it ecclesiasticall or temporal!. Exemand hir foirsaidis subiectis from all compeirance, summonding, or obedience pretendit or to be pretendit, heirafter agains thame for the caussis foirsaidis, be quhatsumeuir foirane persoune or vther pretendand jurisdictioune or auctoritie throw thame ; willing hir APP. 1567.] KIRK OF SCOTLAND. 81 subiectis to duell in perpetuall securitie and quietness within this realme, be making of thair maist humbill and faitlifuU obedience to hir Hienes and hir posteritie in all tymes coming heirafter allener- lie. Like as also hir Maiestie, God willing, heireafter in tyme con- venient sail tak forther ordour, in all vther poinctis, concerning the estait of religioune, as may best serue for the glorie of God, coni- mone weill of this realme, and continewing of comraone peax and quietnes vniversallie amangis all hir subiectes : Commanding thame, and euerie ane of thame, in all tymes heirefter, to keep mutuale, perfyte and maist hartlie kyndnes, luifiF, friendschip, and nycht- boureheide, ilk ane to vtheris, vnder all hieast pane and charge, that heirefter may follow, for breaking of this present act of Parlia- ment and her Maiestie's lauchful commandment.* VII. Articles presentit in Parliament, treatit and proponit be certane Baronis, Commissaris of Burrowis, and Ministeres, at Edinburgh. — Deer. I — 6, 1567-t In Parliamento, apud Edin. xv. die Decembris, a. d. M.D.LXVII. Articlis to be presentit in Parliament. Baronis, Johne Erskia of Dvn, Williame Lislie of ...... . Symone Prestoun of Williame Dowglass Ministeris — Maist Johne It is thocht expedient be this present assemble that thair be adjoinit vnto them, in treating of the thingis concernning the kirkis, thir personis vnderwrittin, to wit, Maister Johne Spottis- wod, Maister Johne Craig, Johne Knox, Maister Johne Row, and Maister Dauid Lindesay, or any thre or fowre of thame. And als * Vide Acts, vol. iL p. 54^. t Acts of Pari. vol. iii. p. 35. F 82 BOOKE OF THE UNIVERSALL [app. 1567- the Baronis present, thinkis thame owir small ane nowmer to gif judgement in this actioun, and thairfoir desyris to be adioynit to the .... sick as my Lord Regent and Lordis of Secreit Counsale sail think neidf .... And alsua for keping of ane certane ordoure in performing of the .... actioun, it is thocht gude be the Baronis and Commissionaris presentlie con- venit .... thai convenit in the Provestis lugeing of Edin- burgh, at xj houris befoir none, and to remane thar quhill foure houris efter none, and this .... done ilk day quhill the performyng thairof, and gif it sail happen .... thame to faiize herein, he sail be put in the mendis of vs. to be distribu- pure at the sight of the remanent. And this to be Prestoun of that Ilk to my Lord Regent and Secret be him thairof, the .... secundo Deeembris 1567. erunt. . . . . Iquhane that ilk of Quhittinghame Provest of Aberdeene Maister Johne Preston, ) r- p i^ Ja. Barron, j Patrick Murray for Perth. Richard Blyth for Dundee. Maister Johne Spottiswod. Johne Knox. Maister David Lindesay — Juratus, &c. . . . . hay. Clerk of the Secreit Counsale, and reportit ans^ in V™ to the provist of edinbur* gisterday tueching the ble of certane ma baronis, with certane ministeris, as suld happin to beproponit, &c. with commissioun, and .... and commissioners already convenit to begin and proceed and c . . . . lowis : Apud edinbur*, secundo die men- sis deeembris .... fForsamekle as my Lord Regent, with avyss .... Counsale, wrait to certane baronis and Com- miss^s .... in edinbur* the xxtj day of Nouember lastbi- past .... the materis to be concludit in the parliament ap- proacheand . . . the quhilk commissfs and baronis divers ar get absent, Quhairthrow large tyme is spent and nothing as git done : Thairfoir, my Lord regent, with avyss of the lords of secreit APP. 1567.] KIRK OF SCOTLAND. 83 Counsale, ordanis samony of the baronis and commissaris as ar al- ready convenit to begin and proceed in the materis proponit before thame, Or to be Inwentit and fund out be thame selffis. And that in the place of Walter Lundy of that Ilk thai resaue and admitt anianges thame, Maister Williame Lundy his sone and appearand air, likewyise thomas Scott of abbottishali, And that they elect and nominat twa or thre ma quhilkis are present in this toun maist godlie and of gretaist experience in politique efFares quhilkis sal be commandit to adioyne with thame and assist thame. And that Maister Johne Spottiswod, Johne Knox, Maister Johne Craig, Maister Johne Row, and Maister David Lindesay, ministeris, or any foure or thre of thame, be alsua present, and adioynit to the saids Baronis and Commissioners of burrowes in debatting, and treating, and ressoningof the materis to be proponit concerning the estat of the Kirk. Sic subscribitur de raandato domini Regentis et dominorum Secreti Concilii, &c., Alexander Hay. FoLLowis certane articlis proponit [be the saidis ministers*] concerning the efFares of the Kirk, with the said Assemblie's declarationis thairupon. r First, That the parliament haldin . . . [declarit] be act of this present parliament .... parliament, and that all thingis thairin concludit co- . . , . may be of new ratifiit and con- firmit, Alsweil, the Confessio- .... faylh then red rea- sonit, and be publict voit of that parliament ... As the act pronouncit agains the vsurpit Jurisdictioun of the Paip- the Mess, and the abolischement of the former wickit actis; The tennor quhair of followes : — Apprevit (on margin.) PETITION. The ... for abolishing the pape. (The Acts 1560 recited.) And becaus that lawis quhilk ar not cleir are often tyraes occa- sioun of discord, We maist humilie desire that, for avoyding all debait, dout, and question that eyther may aryiss for the validitie * The several passages enclosed in brackets were originally in the minutes, but are marked as di-lete in the printed Acts, conformably to the record. 84 BOOKE OF THE UNIVERSALL [app. 1567, and strenth of that parliament, as for the interpretatioun of the saids . . . present parliament pronounce and declare first, First Article. That the ministeris of the blessit evangill of Jesus Chryst, quh . . . God of his mercy lies now rasit vp amangis ws, or heirefter sail . . . aggreing with thame that now leif in doctrine and administra- tioun of the saeramentis, and that part of the people of thi^ realme that professis Jesus Chryst, as now he is ofFerit in his evangell, and do cotnmvnicat with his holie sacramentis (as in our reformit kirkis thai are publictlie ministrat) may be declarnt the only trew Kirk of Jesus Chryst within this realme; And tjjat all and sindrie quha outher gaynsay the word of the evangell, as it is now preacliit, and of ws ressauit.and approvit as the heids of the Confes^rioun of our Fayth mair particularlie do express, or that git refuses the partici- patioun of the halie sacramentis as now thai are ministrat. Be de- cernit na memberis of the kirk, within this realme, sa lang as thai keip thame selfis so dividit from the societie of Chrystis body. 2. Farther, we craifF, that na personis reclaimyng to the reli- gioun, or that do not profess it with ws in all pointis, be permittit to enioy benefice or proffitt quhatsumevir vnder the title of ecclesi- astical functioun, Notwithstanding title, possession or intrusioun quhatsumeuer thai haue had or may claime to haue, be the paip, that remane antichrist. Appi*tevit (on margin.) 3. That to this cure kirk foirsaid be grantit, and be this present Parliament confirmit, sick fredome, priuiledge, jurisdictioun, and autoritie, as justly apertene to the trew kirk, and immaculat spous of Jesus Chryst. And that na vther face of a kirk nor vther face of religioun (than presentlie be Goddis fauor, we haue establissit within this realme) be permittit. And that na jurisdictioun eccle- siastical! be acknowlagit within this realme, vther than that quhilk as salbe within our kirk, or tliat flowis fra the same. Apprevit. — [Bot desyris the jurisdictioun of the Kirk to be .... and certane of the previe counsale to be appointit be my Lord Regent to the limitatioun thairof.] 4. That the examinatioun and admissioun of ministeris within his realme be onlie in power of oure Kirk ; the presentatioun res- APP, 1567.] KIRK OF SCOTLAND. STS seruit to the just and aunceant patronis. The patrone present- and a qualifiit persona within thre raonethis, or vtherwyiss the Kirk to haue power to dispone, alwayis to a qualifiit persone. Apprevit. 5. That all benefices having charge of saulis given he the Quene or ony vtheris, sen the foirsaid Parliament, otherwyiss then be the ordoure of the Buke of Discipline is appointit, may be decernit to vaik. And that the patronis may haue priuilege to present de novo, personis qualifiit and hable, sua that the Kirk may be deliuerit frome ynproffitable pastors. Apprevit. Apud Edinbur*, tertio Decembris 1567. Sederunt. Barones. Johne Erskine of Dvn. Provist of Aberdene. Williame Lesslie of Bal- Patrick Murray, for Perth. quhaiie. Mr Johne Prestoun, \ ^^^ -^^^ Craigmyllar. James Barroun, J Quhittinghame, Richard Blyth, for Dunde. ' Abbotishall, Thomas Monypenny, for Perth. George Stratoun of Dauid Mar, for Aberdene. Lawrestoun. Jurati<{ Robert Fairlie of Braid. Robert Campbell of L Kiwggeaclewch. Maister Johne Spottiswod. ,,. . , Johne Knox. ^'"'^^^'''-Maister Johne Craig. Maister Dauid Lindsay. FoLLowis vther Articlis concerning the Kirk. 6. That ordoure may be takin for all abbacyis, alsweill for the present as for tymes to cum, As als for ben^ces and kirkis an- nexat, and dissolutioun to be maid thairof, and ane act to be maid thereupon. Findis, Separatioun to be maid To witt the teinds to per- tene to the Kirk, and the temporale landis to be disponit be avyiss of the thre estaitis in Parliament. 86 BOOKE OF THE UNIVERSALL [aPP. 1567. 7. That ordoure may be takin for sik as profess and haif the patrimony of the Kirk in thair hands, and .... thair dewtie to thair flok. It is thocht expedient that sick as ar fund qualifiet be the jugement of the Kirk, sail exerce their avne office in thair awin kirk, and vtheris not qualifiit, sail pay the third of thair benefice for sustentatioun of the ministrie during thair tymes. 8. That ordoure may be takin w* sick as haif pluralitie of bene- fices. Ane persone beneficit, being qualifiit, shall preche him self at ane of his kirks, and sail sustene the niinisteris of the rema- nent, at the syt of the generale kirk. And the unqualifiit, to pay his third of the hale, Admittand na pluralitie in tyme cuming. 9. That prouisioun may be maid for instructioun of the zouth, for sustentatioun of the pure, and for sum releif to the lauboraris of the ground, especiallie for the relief in leiding of thair teinds. Answer to the first part of this article. That the lands of pre- bendaris of college kirkis in landwart be erectit for susten- tatioun of bursaris. And referris the vther tua heids to the estaitis in Parliament. 10. That [ordoure may be takin that] nane enter in the fiinc- tioun of ministrie, nether be retenit within the samyn, bot sik as salbe fund qualifiit, and of honest conversatioun. Leif this. Referris this to the Generale Assemble of the Kirk. 11. That Superintendentis be appointit quhair need requiris, and that ordoure be prouidit how thai salbe obeyit in thair office, and how thai salbe hable to serue in the same. Referris the nowmer of tlie Superintendentis to the roll maid thairupoun, And the office and jurisdictioun of the Superin- tendent to be authorizat be the estatis in parliament. 12. That ordoure may be takin, how that the pure niinisteris, quha lang hes bene defraudit of thair just stipendis, may not onlie be prouidit heirefter for a sufficient leving, Bot also that thai may APP. 1567.] KIRK OP SCOTLAND. 87 vnderstand how thai may lift vp the same be ourdour of law, and quhat redres thai sail haif for the bipast, and how thai salbe prouidit in the present. And, becaus all thir heids require deliberatioun, we offer owre selfis to communicat w^. your L. as God sail com- municat w*. ws. It is thocht neidfull that, quhill the Kirk be put in full posses- sioun of the hale patrimony, the hale thriddis be assignit to the ministrie, and thai to vptak the samyn be thame selfis and thair collectors, and all v ... to bedischargeit thairfra and Counsale .... find sum meane . . . dettis ellis. 13. That the act of Parliament concerning the mansses and gleibis may be maid so sensible, that the iniust possessouris find na cauilatiounis to defraude the pure ministeris of thair ry*. and of the peaceable possessioun of that quhilk justlie appertainis thairto. It is fund that the best manss sail pertene to the minister with the hale gleib, Providing the said gleib exceed not vj aikiris of land j And, gif the samyn be mair, the minister sail be content onlie with vi aikiris thairof nixt adiacent to the manss ; And, gif the samyn be within vi aikiris, he sail lykewise content him thairwith. 14. That the act for pvnishment of adulterie may be maid sa cleir, that the offendaris delude not the law be the ambiguitie thairof. Desyris this act to be clerit be the thre Estaits in Parliament. 14. That na man beir publict office of jugement within this realrae bot sik as professis the puritie of religioun with ws ; that nane be permittit to procure to be adniittit in notar, or creat in member of court, without he likewyis profes the Evangell w^. ws. Aggreit w*. 15. It is thoclit gude ffor stancheing of cumer and trouble within burrowis in tyme cumin, that nane of the inhabitantis thairof fra- thyne furth, mak convocatioun within the samyn, or put thame- selfis in armes, without express command ayther of the putoritie, provest or baillies thairof, under sik panis as the thre Estaits in Parliament sail think gude. Apprevit. And referris the pane to be modifiit be the Estaits in Parliament. 88 BOOKE OF THE UNIVERSALL [aPP. 1567. 16. Item, That all scoles, alsweill to bur*, as land, and colleges be reformit, and that nane be permittit nor admittit to haue charge thairof, or to instruct the gouth priualie or publiclclie, bot sic as ar, or salbe tryit be the Superintendint and visitators of the Kirk, and admittit be tharae to thair charges. Apprevit. 17. Item, That the ordinances maid for keping of the Saboth day, the pvnishment of fornicatioun, adulterie, incest, svvering and banyng, be ratifiit in this present parliament, and jugis appointit for executioun thairof, quhair nane is. Apprevit. 18. Item, That the act of parliament, maid in King James the . . . tyrae, towart the ordouring of the pure within thair avne parochin be de novo ratifiit, and thaireeftir be decernit to be put in executioun. Apprevit. 19. Item, It is fund expedient that the act maid, tueching the reparatioun of kirkis be ratifiit and ordainit to be put to executioun . . . . is VIII. Acta. Deer. 20, 1567. 5. Anent the Messe abolischit and punisching of all that heiris or sayis the samin. Item, Our Souerane Lord, with auise of his derrest Regent and thre Estatis of this present Parliament, ratifyis and appreuis the act vnderwrittin, maid in the Parliament haldin at Edinburgh, the xxiiij day of August, the gier of God ane thousand fyue hundreth thre scoir g,ieris. And of new, in this present Parliament, statutis and ordainis the said Act to be as ane perpetuall Law to all our So- uerane Lordis lieges in all tymes to cum. Of the quhilk the tenn'our foUowis. [As already inserted at p. 76.3 6. Anent the trew and haly Kirk, and of thame that are declarit not to be of the samin. Item, Forsamekle as the Ministeris of the blissit Euangell of Jesus Christ, quhome God of his mercie hes now rasit vp amangis APP. 1567.] KIRK OF SCOTLAND. 89 vs, or heirefter sail rais aggreing with thame that now Hues, in doc- trine and adrainistratioun of the Saeramentis, and the pepill of this realme that professis Christ as he now is offerit in his Euangell, and do communicat with the holy saeramentis, (as in the reformit Kirkis of this Realme ar publicklie administrat,) according to the Confes- sioun of the faith, Our Souerane Lord, with auise of my Lord Re- gent and thre Estatis of this present parliament, hes declarit and de- claris the foirsaid Kirk to be the onlie trew and holy Kirk of Jesus Christ within this realme, and decernis and declaris that all and sindrie qulia outher gainsayis the word of the Euangell ressauit and appreuit as the heides of the Coiifessioun professit in parliament of befolr, in the geir of God 1560 geirs, as alswa specifiet in the actis of this parliament mair particularlie dois expres, and now ra- tifyit and appreuit in this present parliament, or that refusis the par- ticipatioun of the holy saeramentis as thay ar now ministrat, to be na memberis of the said Kirk within this realme now presently pro- fessit, swa lang as thay keip thame selfis sa deuydit fra the societie of Christis body. 7. Anent the Adraissioun of thame that salbe presentit to Benefices hauand cure of Ministrie. Item, It is statute and ordained, by our Soveraine Lord, with advise of his dearest Regent, and three Estaitis of this present Parliament, that the examination and admission of Ministers, with- in this Realme, be only in the power of the Kirk, now openlie and publickly professed within the samin. The presentation of laick Patronages alwaies reserved to the Just and auncient Patrones. And that the Patroun present ane qualified persoun, within sex Monethes (after it may cum to his knawledge, of the decease of him quha bruiked the Benefice of before) to the Superintendent of thay partis, quhar the Benefice lyes, or uthers havand commission of the Kirk to that effect ; utherwaies the Kirk to have pov/er to dispone the samin to ane qualifyed person for that time. Providing that in caice the Patron present ane person qualified to his understanding, and failzeingof ane, ane uther within the said six Moneths, and the said Superintendent or Commissioner of the Kirk, refusis to receive and admit the person presented be the Patron, as said is : It sail be lesura to the Patron to appeale to the Superintendent, and Ministers of that province quhair the Benefice 90 BOOKE OF THE UNIVERSALL [app. 1567. lyis, and desire the person presented to be admitted, quhilk gif they refuse, to appeale to the General Asserablie of the haill realme, be quhome the cause beand decyded, sail take end, as they decerne and declair. 8. Anent the Kingis Aith to be giuen at his Coronatioun. Iterriy Because that the incres of vertew, and suppressing of idolatrie, crauis that the Prince and the peple be of ane perfyte religioun, quhilk of Goddis mercie is now presentlie professit with- in this realrae ; Thairfoir it is statute and ordainit, be our Soue- rane Lord, my Lord Regent, and thre Esiatis of this present Par- liament, that all Kingis, and Princes, or Magistratis quhatsuraeuir, halding thair place, quhilkis heirefter in ony tyme sail happen to regne, and beir reule ouer this realme, at the tyme of thair corona- tioun, and ressait of thair princely authoritie, niak thair faithfull promise, be aith, in presence of the Eternall God, That induring the haill cours of their lyfe, thay sail serue the samin Eternall God, to the vttermaist of thair power, according as he hes requyrit in his maist haly word, reuelit, and contenit in the New and Auld Testaraentis ; and according to the samin word sail mantene the trew religioun of Je^us Christ, the preicheing of his haly word, and dew and richt ministratioun of the sacramentis now ressaifit and prelchit within this realme. And sail abolische and gainstand all fals religioun contrare to the samin : And sail reule the pepil committit to thair charge, according to the will and command of God, reuelit in his foirsaid word, and according to the louabill lawis and constitutionis ressaifit in this realme, nawyse repugnant to the said word of the Eternall God. And sail procure to the vttermaist of thair power, to the Kirk of God, and haill Cristiane pepil, trew and perfyte pcice in all tyme cuming. The rychtis and rentis, with all the iust priuilegeis, of the Crowne of Scotland to preserue and keip inuiolatit, nouther sail thay transfer nor alienat the samin. Thay sail forbid and repres in all estatis and degreis, reif oppres- sioun, and all kynde of wrang. In all jugementis, they sail command and procure that justice and equitie be keipit in all creatures, with- out exceptioun, as the Lord and Father of all mercyis be mercifull to thame. And out of their landis and empyrethey salbe cairfuU to ruite out all heretykis and enemeis to the trew worschip of God, tliat salbe conuict be the trew Kirk of God of the foirsaidis crymis- APP. 1567.] KIRK OF SCOTLAND. 91 And that they sail faithfuUie affirme the thingis aboue writtin be their solerapnit aith.* 10. Anent thriddis of benefices grantit in the raoneth of Decem- ber, the geir of God 1561 geiris, for sustening of the Mini- steris and vther effaires of the Prince. Item, Because the ministeris hese bene lang defraudit of tliair stipendis, swa that thay ar becumin in greit pouertie and necessitie And notwithstanding hes continewit in thair vocatioun without payment of their stipendis, be ane greit space, Q,ahairthiow thay ar and salbe constranit to leif thair vocatioun, without remeid be prouydit ; Thairfoir our Souerane Lord with auise of my Lord Regent and thre Estatis of this present Parliament, hes statute and ordanit, that the hail thriddis of the hail benefices of this realme, sail now instantlie and in all tymes to cum, first be payit to the mini- steris of the euangell of Jesus Christ and thair successouris, and or- dainis the Lordis of the Sessioun, to grant and gif letteris, charging all and sindrie intrometteris, or that beis addettit in payment of the samin, to answer and obey to the saidis ministeris and their coUectouris to be nominat be the saids ministeris, with auise of my Lord Regent, in forme as effeiris, notwithstanding ony discharge geuen be our Souerane Lordis mother, to quhatsumeuer person or personis, of the saidis thriddis, or ony pairt thairof, ay and quhill the Kirk cum to the full possessioun of thair propir patrimonie, quhilk is the teindis ; Proiiyding alwayis that the coUectouris of the saidis ministeris, mak geirlie compt in the Chakker, of thair in- tromissioun, swa that the ministeris may be first answerit of thair stipendis appertening to euerie ane of thame. And the rest and superplus to be applyit to our Souerane Lordis vse. 1 1. Anent thame that salbe teacheris of the gouth in sculis. [By this act it is " Statute and ordanit that all sculis to burgh and land, and all vniversities and collegis be reformit ; and that nane be permittit nor admittit to haue charge and cure thairof in tyme cuming, nor to instruct the gouth priuatlie or oppinlie, bot sic as salbe tryit be the Superintendentis or visitouris of ihe Kirk."] * Act?, vol. ii'. p. 23. rei.ened as passe^l in 1560. 92 BOOKE OF THE trNlVERSALL [app. ib6l, 12. Anent the iurisdictioun of the Kirk. Itenif Anent the Artickle proponit and geuin in be the Kirk to my Lord Regent and the thre Estatis of this present Parliament, anent the iurisdictioun iustlie apperteining to the trew Kirk and immaculat spous of Jesus Christ, to be declarit and expressit as the artickle at mair lenth is consauit : The Kingis Grace, with auise of my Lord Regent and thre Estatis of this present Parliament, hes declarit and grantit iurisdictioun to the said Kirk : quhilk con- sistis and standis, in preiching of the trew word of Jesus Christ, correctioun of maneris, and administratioun of haly sacramentis. And declaris, ihat thair is na vther face of Kirk nor vther face of Religioun, than is presentlie be the fauor of God eslablischeit within this Realine, And that thair be na vther jurisdictioun ecclesiasticall acknawlegit within this Realme, vther than that quhilk is and salbe within the same Kirk, or that quhilk flowis thairfra concerning the premisses ; and forther, our Souerane Lord, with auise of my Lord Regent and thre Estatis foirsaidis, hes geuein and geijis power and commissioun to Schir James Balfour of Pittindreich, Knycht; Priour of Pittinweeme ; Mark, Com mendatour of Newbottill, Johne Priour of Coldinghame ; Lord Preuie Seal Maister James Mackgill of Rankillour Nether, Clerk of Register ; William Maitland, gounger of Lethingtoun, secretar to our Souerane Lord ; Schir Johne Bel- lenden of AuchinouU, Knycht, Justice Clerk ; Johne Erskine of Dune ; Maister Johne Spottisvvod, Superintendent of Lowthiane ; Johne Knox; Maister Johne Craig; and Maister Dauid Lindesay, Ministeris of the worde of God, To seirche furth mair speciallie, and to considder, quhat vther special! pointis or clausis sould apper- tene to the iurisdictioun, priuilege, and authoritie of the said Kirk, and to declair thair myndis thairanentis to my Lord Regent and thre Estatis of this Realme at the nixt Parliament, Swa that thay may tak ordour thairintill, and authories the saniin be act of Par- liament, as salbe fund aggreabill to the word of God. 31. Anent priuilegeis grantit to Kirkmen. Item, Our Souerane Lord, with auise and consent of my Lord Regent and thre Estatis of this present Parliament, hes ratifyit and ratifyis all ciuile priuilegis grantit and geuin be our Souerane Lordis predecessouris, to the spiritual estate of this Realme, in all pointis efter the forme and tennour thairof. APP. 1567.] KIRK OF SCOTLAND. 93 ASSIGNATIOUN FOR THE MINISTRIE AND ACTS OF PRIVY COUNCIL THAIUEANENT. IX. Provisioun for Sustentatioun of the Minister is in Burroivis. Apud Striviling decimo die mensis Januarii anno 1'". vc. Ixvj. Sederunt domini ut in die predict. The quhilk day the Quenis Majestie and Lordis of Secreit Coun- sall, being weill myndit that the Ministerie within this haill realme be interteneit alsweill to burgh and land as hir Majestie fand the samyn at hir arryvall in Scotland, and becaus the haill Lordis of Secreit Counsall may nocht weill vaik at all tymes for the ordour- ing thairof, being occupiit with utheris wechtie materis ; Thair- foir her hienes, with avyise of her Counsall foirsaid, hes constitute and namyt her lovittis underwrittin, my Lordis Huntly, Chancel- lar, Ergyle, Murray, Bothwell, AthoU, Cassillis, Craufurde, and Mar, my Lordis Bischopis of Galloway, Roise, and Ori Gilbertus Garden. In respect of the premisses, the Kirk ordayned to wryte ane let- ter to the Senators of the Colledge of Justice, testifying what they had funde in the said fundatione, anent the presentatione and col- latione of the forsaid viccarage of Kilmeny. Item, Mr John Wynrahame, Superintendant of Fyfe. was ac- cused that lie liad giuen the Viccarage of Kilmeny to ane that is no minister, nor yet has any functione within the Kirk, where- through the minister of the Kirk plantit be himself, is frustrate thereof. Sessio. It is concludit that the persone should find bread and wyne to the communion, unless the viccarage exceed the soume of fourtie punds, and in that caise, the Viccarage to furnische the same in tyme cumeing. The Kirk ordayns the Superintendant of Fyfe, to nse his awne jurisdictioun as of before, in the provinces not yet subject to the Archbishop of St Androis ; and alse requests ane to concurr with the said Arch Bishope when he requires, in his visitatione or utherwayes, within his own boundes, whill the next Generall Assembly : And the said Superintendant to have his stipend as of before ; and, in lyke manner, the Superintendants of Angus and Lawthiane, without prejudice of the said Archbishope, except be vertue of his commissione. [TWENTY-SIXTH GENERAL ASSEMBLY.] The Generall Assemblie, begun and halden in the Tolbooth of Perth, the Saxt of August, 1572; In the qwhilk war pre- sent the Earles, Lords, Superintendants, Barrones, Com- missioners to plant Kirks, Commissioners of Provinces, Universities, and Ministers: John Eskine of Dun, Knight, was chosen Moderator be the haill voice of the Assemblie. 1572.] KIRK OF SCOTLAND, 133 Sessio 2. To the effect that obedience be given to the Moderator presently and hereafter, the haill brethren asseniblit, in ane voyce, statuts and ordaynes, that no persone, of what state or degree soever he be of, take in hand to speak without licencej askit and gine, be the Mode- rator ; and after licence obtainit, that the persone speakand, keep moderatione in reasonyng and answering, and alse keep silence when he shall be commandit be the Moderator, under the paine of removeing out of the Asseaiblie, and not to re-enter therein dureing that conveining ; and this to be a perpetuall act for all Assemblies hereafter. Sessio 3. Forsvvaraeikle as in the Assembly balden in Leith in January last, there was certaine Commissioners appointit to trauell with the Nobilitie and their Commissioners, to reasone and conclude upon diverse articles and heads, then thocht good to be conferrit upon ; according to the whilk Commissione they have proceidit to diverse dyatts and conventions, and finallie concludit for that tyme upon the saids heads and articles; as the same producit in this Assemblie proports : In the qwhilks, being considerit and read, are found cer- tain names, sic as Arch Bishope, Deane, Archdeane, Chamber, Chapter ; qwhilks names war thocht sclanderous and offensive to the eares of many of the brethren, appeirand to sound to Papist rie ; Therefore the haill Assembly, in ane voyce, alsweell they that was in Commissione at Leith as uthers, solemnly protests, that they intend not be using sic names, to ratifie, consent, and agree to any kinde of Papistrie or superstitione, and wisches rather the saids names to be changit in uthers, that are not sclanderous or offensive ; and, in lyke manner, protests' that the saids heids and articles agriet upon, be only receavit as ane interim, untill farther and mair per- fect order be obtaynit, at the hands of the King's Majestie's Regent and Nobilitie, for the whilk they will preass, as occasion shall serve : inp vntPP. 134 BOOKE OF THE UNIVERSALL [1573, [TWENTY-SEVENTH GENERAL ASSEMBLY.] The Generall Assemblie haldin in the Councill House of Edin- burgh, the 6th of March 1572 [3] : In the qwhilk war pre- sent Barrons, Superintendants, James Bishop of St Androis, Commissioners to plant Kirks, Ministers, Commissioners of Provinces, Townes, Kirks and Universities. David Fargy- sone Moderator. Sess. Mr John Row complanit upone for solemnizing the band of matrimonie betwixt the Master of Craufurd and the Lord Drum- mond's daughter, without proclamation of bands, and in lyke man- ner out of dew tyme, viz. upon ane Sonday afternoone at prayer. Answerit, that he did nothing but the command of the sessione of his kirke, and my Lord Ruthven, ane speciall elder of the said kirk. The Kirk, presently assemblit, for certaine good considerations moving them, statutes and ordaines, that no collections for the poor be made in the tyme of the rainistratione of the table of the Lord Jesus, nor yet in tyme of sermones heirafter within kirks, but only at the kirk doore. The Kirk, presently assemblit, ordains the act made against minis- ters that marries uther parochiners without proclamation of bands, to have effect and strength against Mr John Row, and underly the samen dureing the Kirk's will. Sessio 3. The Kirk assemblit, statuts and ordayns all ministers and uthers beneficed persones, that hes receaved benefices sen the Reformation, to make residence at the kirks where their benefices lyes, and use their oflftce according to the tenner of thair admissione ; and if any beis found to doe in the contrare, that they be callit to particular dyats before the Superintendants, or the Commissioners of the pro- vinces where sic benefices are, to whom the Kirk giues power to depose the saids persones, in their visitationes, for non-residence ; and whatever any of the saids Superintendants or Commissioners happins to doe in the premisses, to report to the nixt Assembly. !573.] KIRK OF SCOTLAND. 135 The Assembly, considering that the trauells of uraqwhill John Knox, merits fauourably to be remembrit in his posteritie, Giues to Margaret Stewart, his relict, and her three daughters of the said umquhill Johne, the pensione qwhilk he himself had in his tyme of the Kirk ; and that for the year next approachand, and following his deceis of the year of God 1573, to their education and support, extending to ffyve hundred merks money, twa chalder wheit, sax chalder beir, four chalder eats. The Kirk requestit the kirk of Edinburgh to provyde and ap- point some learnit, to support Richard Bannatyne to put John Knox historic, that is now in scrolls and papers, in good forme ; and because he is not able to await thereupone, upon his awne ex- penses, appoynts to him the soume of ffourty pound, to be payit of the 81 years cropt. Sessio 6. Ordaines all and sundrie Superintendants and Commissioners to plant kirks, to proceed summarly to excomraunicatione against all papists within their provinces ; and that within eight dayes after they be admonischit, to joyne themselves to the religione presently estab- lished within this realme, be hearing of the word of God, partaking of the sacraments, subscryve and giue their oath according to the act of Parliament, and acts agreit upon, betwixt my Lord Regent's Grace, Secret Councill, and the Kirk. Sessio 7. It is statute and ordainit be universall order of this Assembly, that all Bishops, Superintendants, and Commissioners to plant kirks, present themselves in every Generall Assemblie that here- after shall be halden, the first day of the Assembly before noone, and that they remaine whill the end of the same, under the paine of tinsell of ane halfe of their stipend for ane year, and alse to serve in the mean tyme of the wanting of the said portion of their stipend. Anent my Lord Regent's Grace desyre, twiching some of the jearnit ministers to be Senators in the Colledge of Justice ; The haill Kirk presently asserablit, having at lenth reasonit, whether a minister were able to discharge himself of both the vocations; votit throughout, that nane was able nor apt to bear the said twa charges ; and therefore inhibites, that any minister occupying the vocations 136 BOOKE OF THE UNIVERSALL [1573, of the ministrie take upon him to be a senator, Mr Robert Pont only exeeptit, wha is already placit with advyce and consent of the Kirk. Articles presentit be the Superintendant of Lavvthiane, and Ministers within his jurisdictioune. 1. First, that a copie of the acts of the Generall Assembly be- gine every exercise. 2. That sic matters as falls out betuixt the Synodall Conventione and Generall Assemblies, shall be notit at every exercise, 20 dayes before the Generall Assemblie. 3. That sic matters as are referrit to the Generall Assembly, fra the particular, be pennit be the Superintendant's clarks, faithfuUie reportit to the Generall Assembly be the said Superintendant. 4. That the Generall Assemblie be frequent with the nobilitie and barrons, alsweell as ministers, that the face of the Assembly may be had in reverence as afoirtymes. 5. That sic ministers as have not wherwith to buy books, may have books lowsit to them be the collector, and to allow the pryces thereof in their stipends. I; The Kirk approves and ratifies all the forsaids articles as ne- cessary and profitable. It is thocht maist reasonable and expedient, that Bishops, Super- intendants, and Commissioners, purches generall letters, without de- lay; commanding all men to frequent preaching and prayers, accord- ing to the order receavit in their congregations ; and also to charge the magistrate, to put the acts concerning the observation thereof, alseweell grantit be parliament as friely, with uniforme consent, the congregations hes condescendit upon, and for executione of discip- line and punisching of others. Giue any man leave his wife and pass out of the countrie, and tarries away the space of seven yeares and marries ane uther woman in ane strange countrie, and else his first wyfe be married upon ane other man in his absence, both are adulterers, unless the sentence of divorcement had been pronouncit be the judge. It is neither agrieable to the word of God, nor to the practise of the primitive Kirk, that the speciall administration of the word and sacraments, and the ministration of the criminall and ciuill jus- tice, be so confoundit, that ane persone may occupy both the cures. 1573.] KIRK OF SCOTLAND. 137 [TWENTY-EIGHTH GENERAL ASSEMBLY.] The Generall Assembly, begun and halden in Edinburgh, the saxt day of August 1573: In the whilk war present the Earles, Lords, Barrones, Bischops, Superintendants, Com- missioners to plant Kirks, Commissioners of Provinces, Townes, and Kirks, with the Ministers. Mr Alexander Arbuthnot was chosen Moderator. Sessio. Because it is understand that certaine of the nobilitie of this realme and Secret Councill are to repare to this Assemblie, There- fore the haill brethren ordaynes, that the haill nobility and councill, with commissioners of provinces, townes, and kirks, having power to vote, shall sitt within the barr of the said Over Tolbooth, and all uthers without the same. Sessio 2. The Books of Visitatione of Bischops, Superintendants, and Com- missioners to plant kirks, aught to be seen and considerit, and their diligence in their offices ; and commissioners were appointit to that effect. Touching them that receaves excommunicants and order taking thereanent ; the haill Kirk presently assemblit, ordains all Bischops, Superintendants, Commissioners to plant kirks, and Ministers of particular kirks, to proceed to excommunicatione againes all re- ceivers of excommunicat persones, if, after dew admonitione, the receavers rebell and beis disobedient, conforme to the order con- teinit in the booke of excommunicatione : and whosoever knawes and yet receaves and intertains excomnmnicat persones, albeit he desist after admonitione, yet shall he underly the discipline of the Kirk, be making of publick repentance, except sic as are except of the law. And to. the effect that nane pretend ignorance of the saids excommunicat persons, the Kirk ordaynes and statutes all bishops, superintendants, and commissioners, in the synodall conventions, shall take up in row, the names of the excommunicants within their jurisdictions, and bring their names to the Generall Assemblies, to be published to uthers Bishops, Superintendants, and Commissioners, 138 BOOKE OF THE UNIVERSALL [1573. that they, be their ministers in thair provinces, may divulgat the same in their haill counlries where the excommunicants haunts. Sess. 6. Alexander Hay, dark of the Secret Councill, presentit certaine heids to the Assembly concernyng the provisioue of ministers' sti- pends be particular assignationes. Sessio 7. Touching the changeing of situation of the paroche kirks, their gleibs, and manses, for the commoditie of the parochiners, The Kirk gives licence to the Bishops, Superintendants, and Commissioners to plant kirks, with the advyce and consent of the parochiners and ministrie of the countrie, to change the paroche kirks, manses, and gleibs frae ane place to another, for the commoditie of the saids pa- rochiners ; provyding allwayes. that the charge thereof be not hurt- full to the ministrie, and suretie sufficient be made of the lands in quantitie and qualitie as they were before, to remaine with the Kirk for ever, with mortificatione thereof to the King's Majestic. Anent them that consults with witches : The Kirk presently as- semblit, orda3'nes all Bishops, Superintendents, and Commissioners to plant kirks, to call all sic persones as shall be found suspect to consult with witches before them at their particular visitationes or utherwayes ; and if they have been found to have consultit with the saids witches, that they cause them make publick repentance in sackcloath, upon an Sonday in tyme of preaching, under the paine of excommunication if they be disobedient, dew admonitions pre- ceiding. Anent the uniformitie to be observit in proces of excommunica- tione : It is ordainit that Bishops, Superintendants, and Commis- sioners to plant kirks, shall direct their letters to ministers where the persones that are to be excommunicat dwells, commanding the saids ministers to admonische accordingly ; and, in caise of disobe- dience, to proceed to excommunication, and pronounce the sentence thereof upon ane Sonday in tyme of preaching ; and, thereafter, the ministers to indorse the saids letters, makand mention of the dayes of their admonitiones and excommunication for disobedience for- said, and to report to the saids Bishops, Superintendants, and Com- missioners, according to their directione conteinit in the said letters. 1574.] KIRK OF SCOTLAND. 139 Greit men offending in sic crymes as deserves sackcloath ; they should receave the sanien as well as the puire. No Superintendent nor Commissioner, with advyce of any par- ticular kirk of their jurisdictione, may dispense with the extreamitie of sackcloath prescryvit be the acts of generall discipline, for any pecuniall soume ad pios usus. Ane man willing to dimitt his benefice simpliciter, sould dimitt it in the hands of the just patrone. [TWENTY-NINTH GENERAL ASSEMBLY.] The Generall Assembly, begun and halden at Edinburgh the saxt of March 1573[4]; In the qwhilk war present, Earles Lords, Barrones, Bischops, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, and Ministers. Mr Andrew Hay was chosen Moderator. Sessio. The Kirk ordaynes all Commissioners of townes and provinces, that they seek out the haill rentalls of the hospitalls within their bounds respective, and give the same in to their Bischops, Super- intendants, or Commissioners, schawand how the samen are usit and abusit, to the effect that my Lord Chancellar may receave the same, and report to my Lord Regent's Grace; and this to be done betwixt and the tenth of April next to come. Unto the Lord Regent's Grace, of Privie Councill, with uthers of the Estates conveint with his Grace, the Kirk Generall, now assemblit, wishes everlasting health in Christ. It is not unknawne that holy ministrie of God that hes chosen to himself a kirk, and that frae the beginning, whilk shall continow for ever, and the same is the congregatione and corapanie of the faith- full professors of Christ ; and in his kirk God hes appointit his mi- nisters to ministrat, and calls men to be ministers of the same, that be the samen ministrie, the elect of God may be callit, regenerat, and nourishit to everlasting life. For preservation of the holie minis- l40 BOOKE OF THE UNIVERSALL [1574. trie and kirk in puritie, the Lord lias appointit Assemblies and Con- ventions, not only of the persons appointed to the ministrie,but also of* the haill members of the kirke professing Christ ; the whilk kirk of God hes continwallie used and still uses the same assemblies, sanc- tified be the word of God, and authorised be the presence of Jesus Christ. It is also knavvne unto your Grace, that sen the tyme God blessed this countrey with the light of his evangell, the haill kirk maist godlie appointed, and the same be act of parliament author- ised, that twa godlie Assemblies of the haill generall Kirk of this realnie sould be ever ilk year; alswell of all members thereof in all estates as of the ministers : the qwhilk Assemblies hes been sen the first ordinance, continuallie keepit in sic sort, that the maist noble thereof, the hiest estate, hes joynit themselves be their owne persone, in the Assemblies, as members of one bodie, concurrand, votand, and authorizand all things there, proceeding with their brether ; And now, at this present, the Kirk is assemblit according to the godly ordinance, and looks to have concurrence of their brethren in all estates, and wisches of God that your Grace and Lords of Privie Councill, will authorize the Kirk in this present Assemblie, be your presence, or be uthers havand your commissioune in your Grace and Lordship's name, as members e»f the Kirk of God ; ffor, as your Grace's presence and the nobilities should be unto us most com- fortable, and so most earnestlie wished of all, so your Grace's ab- sence is to us most dolorous and lamentable ; whereof follows the want of ane great part of the members that weill cannot be absent from the treiting of these things that perteins to the Kirk and po- licie thereof, in assembly altogether, to be handlit be the advyoe of all, and to the qwhilk end the Assemblies are appointit, the autho- ritie thereof your Grace knawes to be sic as the contempt of it tends to the dishonour of God ; and, therefore, as ye esteem your selves to be members of Christ and of his Kirk, ^chaw the fruits thereof; of the qwhilk it is not the leist to joyn yourselves to the Kirk, not only be hearing the word and receaving the sacraments, but also in conveining with your brether in the holy assemblies : The qwhilk to doe we giue you admonitlone in the name of the Lord ; extending this admonitione to every persone, of whatsoever estate, that are present with your Grace; and specially we admonische the Bishops, and sic as are of the ministrie, to joyne themselffs with us, according to their ministrie and dewtie, utherwayes they will be thocht unworthy of office tliey beare. The tyme the Kirk will sitt 1574.] KIRK OF SCOTLAND. 141 will be short, and tyme would not be neglected, and yet the Kirk is not so rigorous but that men may, after their presence gine in the Assembly, have libertie, as tyme requires, wait upon their laufuU business; and this admonitione we giue your Grace with all rever- ence and humility ; and that chiefly in respect that your Grace, be your awne articles and questiones sent to the Kirk, where your Grace desyres first to be admonished charitably whensoeuer offences arj'ses, before the same be uthervvayes traducit. Certain war appointit to penn the heids concerning the jurisdic- tione of the Kirk, and to present the same to the Assemblie. Anent the jurisdiction of Bishops in their ecclesiasticall functione ; the Kirk presently assemblit hes concludit, that the same shall not exceed tlie jurisdiction of superintendants, whilk heretofore they have had and presently hes, and that they shall be subject to the discipline of the Generall Assemblie, as members thereof, as the su- perintendants hes been heretofore in all sorts. That no Superintendants nor Commissioners for kirks planting, haue nor shall giue coUatione of benefices, nor admitt ministers, without the assistance of thrie of their qualified ministers of their province, who also shall give their testimonialls to the said Super- intendant commissioners, subscryvit with their hands in signe of their consent thereto ; and in like manner, tliat no Bischops giue col- latione of any benefice within the bounds of Superintendants within his diocie, without their consent and testimonialls, subscryved with their hands ; and that Bischops, within their awne dioces, visite be themselues where no superintendants are, giue no collatione ordi- nare upon benefices, without consent of three weell qualified minis- ters, as said is, of superintendants and commissioners to plant kirks. Sessio 5. Commissioners war appointit to convein with my Lord Regent's Grace and Lords of Secret Councill, to conferr and reason upon the heads concerning the policie and jurisdictione of the Kirk, and sic uther heads and articles as shall be proponit be his Grace and Councill to them. Sessio 7- As concerning the appointing of syndrie kirks to ane minister ; to the end the matter may be plainer, and the mynde of the Kirk knawne to all men herein, the Kirk hes declarit, that howbeit syn- 142 BOOKE OF THE UNIVERSALL [1574. drie kirks be appointit to ane man, yet shall the minister make his residence at ane kirk, qwliilk shall be properly appointit to his charge, and he shall be callit principallie the minister of that kirk ; and as concerning the rest of the kirks to the qwhilk he is nominat, he shall haue the oversicht and help therein, in sic sort as the Bischop, Superintendant, and Commissioner shall think expedient, and as occasion shall serve from his awne principall charge : The qwhilk on no wayes he may neglect ; and this order only to remane qwhill God of his raercie shall thrust out moe labourers unto his harvest. [THIRTIETH GENERAL ASSEMBLY.] The General! Assembly, halden and begun at Edinburgh the 7th- of August 1 574 : In the whilk war present, Barrones, Bischops, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Universities, and Ministers. Johne Dunkansone, Moderator. Sessio I. The Assembly, understanding that be deceiss of John Gray, their late Clark, the said office of clarkship is vacand, and nane as yet is provided thereto ; and therefore before that any proceeding be, it is necessar the said rowme be filled, hes appointit their brethren un- derwritten, viz. My Lord Deane of Aberdeen, Andrew Hay, James Lowsone, Alexander Arbuthnot, Principal of the CoUedge of Aber- dein, James Melvill, Clement Little, and David Lyndsay, Minister at Leitb, (all Ministers,) to appoint the leitts of them of qwhais number the dark is to be chosen : Qwhilk brethren, all in ane voyse, nominat Mr James Ritchie, George M'Esone, William Patersone, wryter, Patrick Fylder, servant to Alexander Hay, Clark of the Secret Councill, to be the leits, of qwhilk number the Claik of the said Assembly is to be electit ; and in the meane tyme, qwhill the Clark be chosen and receavit, the said Assembly hes ordainit Mr Andrew Milne to supply the place. Sessio 3. Anent the creatione of ane Clark of the said Generall Assemblie 1574.] KIRK OF SCOTLAND. 143 of the Kirk, it was Votit through the haill Assemblie and concludit, that of the four persons appointit on the leits, Mr James Richie, be reasone the greatest part thereof gave their consent to him, sould be dark, who, in presence of the haill Assembly, solemnly beand sworne to use the said office of clarkship of the Kirk faithfully, made promise to doe the same, and acceptit the said office upon him. Forswameikle as it is understand to the said Assembly, that diverse ministers within this realme, used the office of Collectorie and Chamberlanrie under bishops and uthers beneficed persones, wherethrough they are avocat from their cures, and giues great occasione to sclander the Kirk ; Therefore it is statute and ordainit in this present Assemblie, that from this tyme furth, no minister within this realme, use or exercise the office of Chamberlanrie or Collectorie, under whatsumever beneficed men, whereby they may be abstractit from their vocatione ; and the contraveeners heirof to be depry vit of their office, and secludit therefrae. Sessio 6. Articles proponit to my Lord Regent's Grace. 1. That stipends be grantit to Superintendauts in all tyme come- ing, in all countries destitute thereof, Qwhether it be where there is no Bischops, or where there is Bischops, and may not discharge their cure, as the Bischops of St Androis and Glasgow. 2. That in all Burrowstounes, where the ministers thereof are displacit and serves at uther kirks, that their ministers who servit them before be restorit againe to wait on their cures, and they be not oblidged to anj' uther kirk, or else that uthers be plantit in the saids touns. 3. That his Grace will giue comraissione to certaine gentlemen in euery countrie, that incest, adultrie, witchcraft, and uther sic odious cryms qwhairwith the haill countrey is replenischit, may be punischit. 4. In euery kirk destitute of ministers, sic persons as are present and readie to be plantit, be placit, and stipends grantit unto them qwhais names shall be gine up be the Bischops, Superintendauts, and Commissioners. 5. In respect that the ecclesiasticall functione is only distinct offices, of teaching, the Doctor that interprets the Scriptures, and 144 BOOKE OF THE UNIVERSALL [1574. the Minister, to preach and apply tlie same ; his Grace will take ordor that Doctors may be placeit in Universities, and stipends granted unto them, wherbj' not only they who are presently placeit may have occasion to be diligent in their cure, but also wher learnit men may have occasion to seek places in CoUedges within this realme. 6. That his Grace will take ane generall order with the puire, and speciallie in the Abbayes, sic as Aberbrothoc and uthers, con- forme to the act made at Leith ; and in speciall to discharge teind sybows, leeks, kaill, onzions, be ane act of Secret Councill, whill ane Parliament be conveint, where they may be simpliciter dis- charged. 7. That his Grace will grant commissione to certane persons in every diocie to sit in causes of divorcement where the parties are poore. 8. That his Grace wald provide qualified persones to vaikand Bishopricks. 9. That his Grace wald cause the bulks of the Assignatione of the Kirk to be delyvered to the Clerk of the Generall Assembly. Sessio 7. Forsuameikle as it is understand to the Generall Assembly of the Kirk, that there is diverse persones who, dureing their wyfe's tyme committs adulterie with other men's wyfes, and thereafter, after their wyfe's decease, raarryes them wham tliey of before have polluted in adulterie; Therefore it is statute and ordainit be tliis present Assembly, that Bishops, Superintendants, and others Com- missioners of provinces, charge all sic persones, so joynit in that sclanderous and unlaufull band, to separate themselves and abstaine from others, unto the tyme it be decydit be the Judge Ordinar, if the said marriage be lavvfull or not, under the payne of excommu- nicatione to be execute against disobeyars. Sessio 8. Touching the complaint made upon the Bischop of Dunkeld for ministration of the holy supper upon wark-dayes at the kirks within his jurisdictione ; It is thought good be the Generall As- sembly that the said Bischope forbear the ministration of the said sacrament upon wark-dayes, and cause it to be ministrat upon 1574.] KIRK OF SCOTLAND. 145 Sabbath dayes, after the order of the rest of the kirks within this realme. Sessio 9' Commissioners war appointit to visit warks that shall be heir- after proponit to be printed. Item, Uthers were appointit to sicht the history of Job compylit be Mr Patrick Adamsone in Latine verse. For avoiding of Simonie within the haill kirks, the haill Assem- blie of this Kirk, as in ane voice, hes votit, concludit, and decreitit, that all sic persones as either bys or sells benefices, or useing any uther kind of cowping tliereof, directly or indirectlie, sail be de- pryvit of all kinde of functione within the Kirk, and the discipline of the Kirk strike upon them with all kinde of rigour and extrea- mitie ; — and the buyers, sellers, or uthervvayes cowpers of the bene- fices, to tyne the same for ever. Sessio 10. Qwhither if the parochiners of a towne, or the provest and bail- lies thereof, aucht to have the election of their own belman and dark ? It is answerit, that sic as payes them sould choose them. The brethren hes thought good, that, in case of any Parliament to be balden, or any uther weightie cause requirand necessary the presence of the bodie of this haill Assemblie, That the Superin- tendant of Lawthiane, Mr James Lawsone, minister of Edinburgh, Mr David Lyndsay, minister of Leith, make lawfull premonition and advertisement to their brether to be present upon sic compe- tent space before as they sail think needfull ; Qwhilk conventione of before shall be recountit for ane Assemblie. That absents of this Assemblie be summoned to the next Assem- blie, to hear them convict of absence, and punishment to be joynit to them at the sicht of the Kirk. 146 BOOKE OF THE UNIVERSALL [1575. [THIRTY-FIRST GENERAL ASSEMBLY.] The Generall Assembly, begun and halden at Edinburgh, the 7th of March e 1574[5] : In the qwhilk war present Earles, Lords, Bischops, Superintendants, Commissioners to plant Kirks, Commissioners of Provinces, Townes, Kirks, Univer- sities, and Ministers. James Bishop, of Glasgow, Moderator. Sessio. Forsuaraeikle as the greatest part of the doctors, and interpretars of the Scriptures that hes travellit in the interpretation and exposi- tion of the same, hes written and comentit in the Latine tongue, and therthrow it is thocht necessar for sic as enters in the function of the ministrie, to have understanding and knawledge of tlie same ; Therefore, the Generall Assembly of the Kirk hes votit and con- cludit, that, frae this tyme furth, nane shall be admittit in the func- tione of ane minister within the Kirk be the Bishops, Superinten- dants, and Commissioners of cuntries, but sic as have understand- ing of the Latine tongue, and are able to interpret the Commentars written in the same language, and speak congruous Latine, except sic as, be exemption of the Generall Assembly of the Kirk, for their singular graces and gifts of God, sail be fund also be them to use their functione without knawledge of the Latine tongue. It is thocht meet, and concludit, that no clark-playes, comedies, or tragedies, be made of the Canonicall Scriptures, alse weell new as old, on Sabbath day nor wark day, in tyme comeing ; the contra- veiner heirof, (if they be ministers, to be secludit frae their func- tione, and, if they be uthers,) to be punischit be the discipline of the Kirk ; and ordains ane article to be gine in to sic as sitts upon the policie. That, for uther playes, comedies, or tragedies, or uthers profane playes as are not made upon authentick pairts of the Scrip- ture, may be considerit before they be proponit publickly, and that they be not playit upon the Sabbath dayes. Sessio 8. Anent ministers proceeding to the marriage of parties, lawfull impediment being proponit unto them, whilk, after hand, is tryit and fund to be of veritie : The haill Assembly referrs the discipline 1575.] KIRK OF SCOTLAND. 147 to be usit against sic personeiJ, to the Bischops, Superintendants, and commissioners of the countries where tliey serve. Sessio 9- Anent diffioultie proponit upon the presentatioune of Mr Andrew Grahame, presenting him to the bishoprick of Dumblane, under the name of ane preacher, although he had been nane ; Tlie Kirk finds that finall conclusion is not yet had, that all Bischops should be first preacher.-!, and alwayes, if he be qualified, the presentation to be obeyit ; and yet, for farther tryall, appoints to him Wednesday to exercise in the Magdalen Chappell before the Bischops, Superinten- dants, and ministers, that may be present, and speciallie the minis- ters of Edinburgh, and so many of the Chaptir as may he there at ten hours before noune, upon the beginning of the fifth to the Ro- mans. The Assembly hes willit their lovit brother Mr Robert Maitland, Deane of Aberdeene, Robert Pont, proveist of the Trinitie Col- ledge, John Brand, James Carmichael, to take travell in visiting and peruising of the saids acts, and sic as are generall with the Generall Assemblies, to mark and nott the samen, that thereafter they may be drawne and extractit out of the books, that all pretext of ignorance may be tane away. Sessio 12. It is ordaynit that the Bischops, Superintendants, and ministers in all parts, admonische sic as were Papists, and hes sen the act of Parliament, maid confession of their faithes, and, notwithstand- ing, hes no wayes yet participat the holy supper of the Lord, par- ticipat the sacrament with the rest of the congregation ; and if they disobey, their admonitione to be halden as relapse, and to proceed against them as relapse, with the sentence of excommunicatione. It is thocht meet be the haill brethren that the ministers of Edinburgh and Leith give warning and advertisement to the Bish- ops, Superintendants, and Commissioners of countries, aucht dayes before the Parliament, to the effect that they may warne the rest of their brethren to be present, to consult and put in deliberatione sic things as shall be thocht, after good advyce, to be proponit to Par- liament ; qwhilk convention shall be accountit for ane Asserablie. N8 BOOKE OF THE UNIVERSALL [1575. [THIRTY-SECOND GENERAL ASSEMBLY.] The General! Assemblie, halden and begun the saxt of August 1575, in the Over Tolbuith of Edinburgh, where there was present the Bischops of Galloway, Dunkeld, Brechine, Dum- blane, Glasgow, and Isles ; Superintendants of Angus and Lawthiane, Commissioners of Countries and Townes, with the Ministers. Mr Robert Pont, Moderator. Sessio. According to the order and custome of the Assembly, it was pro- ceeded to the exaniinatione and tryall of the lyfes, conversation, and doctrine of the Bischopes, Superintendants, and Commissioners of provinces. John Durie, one of the ministers of Edinburgh, protests that the tryall as Bischope prejudge not the opiniones and reasones qwilk he and uthers brethren of his mynde hes to oppone against the said office and name of Bischop. The Generall Assembly ordaynes the Bischope of Dunkeld, be- twixt and the next Assembly, to resorte himselfe and his family to Dunkeld, and make his residence there, under the paine of excom- municatione. The brethren in ane voyce finds great fault with the dilapedatione of this benefice ; and ordaines the acts of the Assembly to be usit and considered, if there be any penaltie appoyntit for the said dila- pidatione, betwixt and the saxt day of this instant, and continwes their farder determination to the said day. Sessio 2. The Bischope of Dunkeld compeirand in the Assembly, desyrit that he might have Mr John Grahame, advocat, to reason for him in the matter of dilapedatione ; qwhilk beand thocht a new thing, and, by custome of the Assembly, was finally votit and concludit to be ane novatione, and to introduce some contradictione ; and fand him not to be admittit nor no uthers who are not of the functione of the Kirk; and, therefore, ordaynes him to answere, in his awne persone, the 9th of this instant, or to chuse any of the brether of the func- tions of the Kirk to reasone for him. Because certaine of the Bischopes and Superintendants compearit 1575.] KIRK OF SCOTLAND. 149 not, the first day of this Assembly, it was thocht good to call them and thir absents to be notit. Complaint that nane of the Universitie of St Androis is present, nor nane to cum here. Sessio 3. , The brethren appointit to give their judgement anent the habite of the ministers and their wyfes, presentit the same to the Assem- blie, qwhilk. was found good, and all the brethren serving the func- tione of the Kirk, ordaynes to conforme themselves and their wyfes thereto, and ordained effectuously to follow the same; qwhairofthe ten nor foil owes in thir words : Forsuameikle as ane comely and decent apparell is requisite in all, namely in the ministers, and sic as bearis function in the Kirk ; First, we think all kinds of broidering unseemly, all bagaries of velvet on gowns, hoses, or coats, and all superfluous and vain cut- ting out, steiking with silks, all kinde of coastlie sewing on pase- ments, or sumptuous and large steiking with silks ; all kinde of costly sewing or variant lieuis in sarks, and kinde of licht and vari- ant hewis in cloathing, as red, blew, gellow, and sicklyke, qwhilk declares the lightnesse of the niynde ; all wearing of rings, bracelets, buttons of silver, gold, or other mettal ; all kinde of superfluitie of cloath in making of hose ; all useing of plaids in the kirk be read- ers or ministers, namely in tyme of their ministrie, and useing their office ; all kinde of gowning, coating, doubletting, or breitches of velvet, satine, taffetie, or suchlyke ; all costly guilting of whingers or knifes, and sicklyke ; all silken hatts, and halts of diverse and light coUoures : But that their haill habite shall be of grave collour, as black, russet, sad gray, sad browne, or serges, wirsett, camlet, growgrame, lytes, worsett, or sicklyke; and to be short, that the good word of God be them and their immoderateness be not sclan- derit ; and their wifes to be subject to the same order. It appeared to some of the brethren that the lang continuance of Commissioners in their office, should induce some ambitione and inconvenience within the Kirk, and therefore was thocht a matter to be consultit in this Assemblie, Whether it was best that Com- missioners of provinces should be changit from year to year from the countries where they travell to uthers? After lang reasoning, the greatest part of the Assemblie thocht best, where men may be 150 BOOKE OF THE UNIVERSALL [1575. had able to use the Coininissione, that ane yearly exchange should be. Ordaines Mr James. Lawsone, James, Bischope of Glasgow, Mr Andrew Hay, Mr George Hay, with Alexander Hay, Clerk of Privie Councill, to concive ane article in wreit, concerning the union of paroche kirks, to be presentit the morne to the brethren, to be condescendit be them. Articles to be presentit to my Lord Regent's Grace. 1. Imprimis, for planting and preaching the word through the whole realme ; It is desyrit that so many ministers as may be had, qwhilks are yet unplacit, may be receivit, alswell in the countrie, t') relieve the charge of them that hes many kirks, as utherwayes throughout the whole realme ; with Superintendants or Commis- sioners within these bounds where Bischops are not, to help sic Bischops as hes uther great charge, and reasonable livinges to be appointed to the forsaids persones; and also payment to them that hes travellit before Commissioners in the years of God [15]73-74, and so furth, in tymes comeing, without the qwhilk the trauells of sic men will ceise. 2. That sic impediments be removit away as makes hinderance to the progress of the doctrine, sic as abundance of vice in all parts of this realme unpunischit, marketts upon the Sabbath-day, and ministers troublit in the exercise of their office. 3. That the order already tane toward the poore may be put in full executione to that effect, that anie portione of the teinds qwhilk is their awne patrimonie, alswell of the twa part as of the thrids, may be imployit for their sustentatione, according as necessitie craves; and to this effect, that the hospitalls qwhilks hes been of old, may be restorit to their awne use, notwithstanding any tytle made thereof to uther persones ; and also that sic ordinare almes as hes been appointed furth of abbayes or uther benefices, be lang consuetude, may be payit to the poore as of before. 4. Because the schooles are the fountaines frae the whilks minis- ters must flow, that provisione be made for them, not only for sic as remaynes within the realme, but also for men of good ingyne, qwhilk be the Kirk should be funde to visite uthers countries and universities for their furtherance in learning, and chieflie for Glas- gow, because it is new erect it, and hes not sic provisions as uther universities. 1575.] KIRK OF SCOTLAND. 151 5. That sic assignationes as hes been appointed be the Prince and the Kirk, and alterit without the advyce of the Kirk, may be repairit, and that in tyme cumeing sic assignationes shall be ap- pointit not to be alterit without the advyce of the Kirk, utherwayes no minister shall be sure of his assignatione. 6. Qwheir ministers produces letters of horning to the Generall Collector, upon sic persones as are assignit to them for payment, the said Collector may be causit make payment to the saids minis- ters. 7. That all dayes that heirtofore hes been keepit holy, besydes the Sabbath dayes, sic as Zuill day, Saints' dayes, and sic uthers, may be abolischit, and ane civill penaltie against the keepers thereof be ceremonies, banquetting, fasting, and sic uther vani- ties. 8. That all sic ministers and readers as, either be infirmitie or age, becomes unable, may have their stipends dureing their life- tymes. 9. That the Clark of the Assemblie be answerit of the ordinarie stipend appointit to the Clark of before ; namely, in respect of his laboures multiplied in wreiting of the haill ministers' and readers' letters, alswell for answering them of their stipend as of their gleibs and manses, graces, and that his name may be insert in the book of Assignationes, with his stipend, as use was ; and sicklyke be an- swerit of the year bypast that he hes servit. Anent the question proponit be certaine brether of the Assemblie of the haill Kirk, Qwhither, if the Bischops, as they are now in Scotland, hes their functione of the word of God or not, or if the Chapters appointit for creating of them audit to be tollerated in this reformed Kirk ? For better resolution thereof, the Generall Assemblie of the Kirk appoynts their lovits brether, Mr John Craige, James Lawsone, Andrew Melvill, Principall of the Colledge of Glasgow, on that ane pairt ; George Hay, John Row, and David Lindsay on the uther pairt, to conveine, reasone, and confer upon the said questione, and to report their judgement and opinione thereupone to the Assemblie, before the dissolving thereof, if they be resolvit betwixt and the same. Sessio 5*. Ordaynes ane article to be made to the Lords of the Sessione for the ministers and readers, that they may have expeditione of their 1^2 BOOKE OF THE UNIVERSALL [1575. proces pursuit before thera, that they be not abstractit from their charges. Sessio 6». The brethren appoyntit to reasone and conferr upon the func- tione of the liischopes as they are now in this realme, and of their Chapters, appoyntit for creating of them, be tollerable, and to re- turn their judgment to the Assemblie, gave in their opinione as after follows in wreit, viz., They think it not expedient presently to answer directly to the first questione ; but, if any Bisohope beis chosen who hes not fit qualities as the Word of God requires, let him be tryed be the Generall Assembly de novo, and so deposit. The poynts wherein they agree concernyng the office ofaneBisch- ope, or ane Superintendant : First, the name of Bischope is injurie to all them that hes a particular flock over the quhilk he hes ane pe- culiar charge alsewell to preach the word as to minister the sacra- ments, and to execute the ecclesiasticall discipline with consent of his elders, and this is his chiefe functione of the Word of God. At- tour out of this number may be chosen some to his power, to over- sie and visite sic reasonable bounds besyde his awne flock as the Generall Kirk shall appoint ; and in these bounds to appoint minis- ters, with consent of the ministers of that province, and consent of the flock, to M'hom they shall be appoyntit ; also to appoynt Elders and Deacons in every principall congregatione where there is nane, with consent of the people thereof, and to suspend ministers for reasonable causes, with the consent of the ministers foresaids. Qwhat punischment deserves that minister that marries persones refuised be their ordinare minister, and that in respect they keepit open houses together uncontractit, and wald obey nae discipline, and, qwheir their ordinare minister desyreit them to obey the dis- cipline, they woundit him to the death ; upon the morne the said min- ister married them, who without satisfactione made to the Kirk for wounding their minister? Referrs the punishment of this minister to the punishment againes Mr Patrick Craig. Parties to be married sould cume before the Assemblie, and give in their names, that their bands may be proclaimit, and no farther ceremonies usit. The Kirk hes power to cognosce and discerne upon heresies, blasphematione of God's name, witchcraft;, and violatione of the 1576."] KIRK OF SCOTLAND. 153 Lord's day, not prejudgeand the punishment of the civill magis- trate. There is no law establischit, that, after a young man hes lyen with ane young woman that is esteemit a virgine, na marriage pro- ceidand, nor promise alleadgit to hir, may be compellit be any particular kirk, at the suit either of the woman or of the parents, aither to marry her or pay her tocher gude. Bairnes gotten before marriage, the lawful! marriage following, are law full. Qwhat punishment shall be for that minister that baptises ane murtherer's bairne not of his owne paroche, on an Munday, not being ane day of preaching, and without repentance of the mur- therer,remainandat the King's Grace's home ? Answer, he[de]serves deposition. Gine it be lawful! for any minister to dispense with the number of dayes appoyntit for the repentance of adulterous and incestuous persones, in respect that the lyke obedience cannot be obtained in all places ? No answer. [THIRTY-THIRD GENERAL ASSEMBLY.] The Generall Assembly of the Kirk, conveint in the Over Tolbooth of Edinburghe, the 24th of Apryle 1576, qwhaire there war present Lords, Barrones, Bischopes of Glasgow, Dumblaine, Dunkeld, Ross, Brechine, Morray, Superin- tendants of Lawthiane and Angus, and Commissioners of Countries, Townes, Kirks, and Ministers. Mr John Row, Moderator. Sessio 2a. Anent the pluralitie of offices objectit to Mr Robert Hamilton, minister of St Androis : The said matter being lang debaittit with reasons on every side, and riply advyset. The present Assemblie, in respect of the circumstance of place and congregatione of St An- drois, finds and declares the twa offices joynit in his persone to be impatible in him. Anent the advyse andopinione of the brethren gine in the last Assembly c pall Assemblie, there shall be certaine assessors nominat to them, to concurr with the Commissioners of the Countrie, who shall sub- scryve with them in all weightie and greit matters. Articles proponit be the forenamed Commissioners to his Ma- jestic and Council!. 1. First, Tliat order may be talien with sick as puts violent hand in ministers, or troubles them in exerciseing of their offices. 2. That they wlio for just cause are deposit from the ministrie may losse alsweil! their benefices as other qualified persones pro- vydit thereto, the Kirlc may be servit. 3. That punishment may be made for sic as passes in pilgri- mages to kirlcs or walls ; and that order may be tane with them that past to the Holie Rude of Peblis, and sic uther places. 4. That no presentatione of benefice be directit to any persones but sic as ben"s commissione from the Generall Assembly, accord- ing to the act of Parliament ; and if any be utherwayes receavit, that their admission be declairit null. 5. That all benefices vaikand, where ministers are plantit, be gine to ministers serwing the cure where they vaike, they beand able therefore ; and that no presentatione gine to any wther per- sone be receavit, unless the minister serving the rowmes be first found able. 6. That order be taken with Alexander Arbuthnott that the Bibles may be delyverit according to his receipt of money from every paroche ; and to that effect that he and his soverties may be com- mandit be letters of hornying for delyverance thereof, and no sus- pensione to be grantit without the same be delyverit. 7. In respect of the good and godly zeall of James Lord Arrane, alvvayes schawine in defence of God's cause and commons wealth, it will please your heines and councill to resolve upon some good and substantial! order that may serve both for the health and curing of his bodie and comfort of his conscience. 8. That the Book of Policie may be establisched be ane act of Privie Councill, qwhill ane parliament may be had, at qvvhilk tyme it may be confirmed. 9. Beeause there is great necessitie of a printer witliin the coun- 1580.] KIRK OF SCOTLAND. 20i trie, and there is ane stranger banisched for religione, called Van- trolier, who offers to employ his labours in the said vocatione, for the Weill of the countrie, It will plese your Grace and Councill to take order herein, as your Grace thinks meit, and to give licence and priviledge to him to that effect, if it shall be thocht expedient be your Grace and Councill. [FORTY-SECOND GENERAL ASSEMBLY.] The Generall Assembly, conveint in the Over Tolbooth of Edinburghe, and begune the 20th of October 1580 ; Qwhaire there war present the Commissioners. Sessio. Exhortation made be Mr James Lawsone. Leitts, Mrs Robert Pont, Andrew Hay, Andrew Melvill : the said Mr Andrew Hay, be plurality of votes, was chosen Moderator hac vice. Assessors Mrs Robert Pont, James Lawsoiie, Andrew Melville, Thomas Smetowne, David Fargysone, George Hay, Thomas Bu- channan, Wm. Rynd, and the Commissioners of Edinburgh, all de- syrit and nominat be the Moderator. Sessio 2. TheBischops of St Androis, of Glasgow, of Aberdeine, and Mor- ray, beand callit, nane compeirit. Sessio 3. Anent the report of the King's Grace and his Councill's answer to the petitions proponit be word be the brethren of the kirk yes- terday ; the brethren returnit answer to the articles. His Heines and Councill promittit to giue resolute answer to the same the 15th day of the next moneth, and to stay the place whill then. In name of my Lord Lennox compeirit Mr Henry Keir, and sa- luted in his name the whole Kirk, declairing that his Lordship was maist willing to have ane minister in his awne house, for exercise of the trew religion ; and albeit he had promised at tiie subscryving of the articles of religion to send for ane minister that had knawledge of the French tongue, yet be reasone Mr Bower had promised that he should cause him be provydit of ane qualified minister, accord- 202 BOOKE OF THE UNIVERSALL [1580. ing to his desyre, qwhilk took no effect, and wtherwayes also, be- cause his desyre was that rather the Kirk should chuse him ane sufficient pastor, the matter hes sensyne lyen over ; willing har- tilie that the Kirk should write to some pastor of the French Kirk of London, for whais provisione and good entertainment he should be carefull : promising also in his name, that in the ef- faires of the Kirk, either ih generall or particular, he should iraploy his good affectione and labour as he sould be chargit ; desyring that no uther opinione sould be conceived of him nor of any man that meines trewly towards God. The Kirk present hes willit their brother Mr James Lawsone to pen ane wry ting in their names, to the minister of the French church of London, to the effect fore- said. Anent the transporting of Mr Andrew Melvill, Principall of the Colledge of Glasgow, and Mr Thomas Smetoune, Minister of Pasley, to the Universitie of St Androis, conforme to tlie King's Grace's writting direct to that effect ; after some publick wrytings in the matter had on ather syde, the Kirk referrit farther disputatione thereof qwhill afternoone. In the meane tyme, the questione being niovit, if the Kirk might concurr with the King's Majestie in trans- porting of Doctors from ane Universitie to ane uther for weightie and necessar causes, The Kirk and Assemblie present for the maist pairt votit to the affirmatione of the said questione. Sessio 9- Anent the act made in the last Assemblie concernyng the dam- ning of the pluralitie of kirks in ane minister; The Kirk ordains the same to be put in executione be the Commissioners of provinces after the tenor thereof, under the paine of disobedience. Anent the act made in the last Assemblie touching the Bischops; In respect that the order of the said act hes not been followed out against Bischops of Morray and Aberdeene conforme to the tenor thereof. The haill Kirk, as of before, ordaynes the Commissioners of the countries to put the said act to executione in all poynts, sa far as concerns thair pairt thereof, and the ministry so far as is ap- poyntit be the said act unto them, und^ the paine of making pub- lick repentance in face of the haill Generall Assemblie, in caice they be found to contraveine tlie said act : And as to the warning and suiting of the saids Bischope of Morray, ordaines him to be warnit in Elgine publickly in the kirk ; ordaynes Mr Thomas Buchanan to summond the Bischop of Cathnes, and Jolme II( p- 1580.] KIRK OF SCOTLAND. 203 burne to summond the Bischop of Brechine to compeir in the nixt Generall Assemblie, to giue their submission and assent to the spe- cial! heids conferrit and agreit upon be the Bischops of St Androis, Glasgow, and the Isles, with the Assembly, to be convenit expressly in the summonds ; Certifying them and they compeir not, the Kirk will proceed with farder adraonitiones against them. And in caise that the saids Mrs Thomas and Johne fulfills not this ordinance, the Kirk hes decernit against them that they shall make publick re- pentance in face of the haill Assemblie.* The Generall Assemblie gives full power and commissione to their lovit breither of the Exercise of Edinburgh, with Mr John Craige, minister of the King's house, if he be present, to call the Bischop of Orknay before them, and to chairge him in name of the Kirk, to give submission and assent to the articles and heids greit upone betwixt the Bischops of St Androis, Glasgow, and Isles, and to receave his answer thereupon, to be reportit with the haill pro- ceiding therein to the nixt Generall Assemblie. Ordaynes Mr Andrew Hay to summond the Visitor of Argylle to compear the next Generall Assembly to answer upon the usurpa- tione of the office of visitation within the saids bounds, under the pain of disobedience. Anent the request made be tiie Commissioners of Perth to the haill Kirk, that in respect of the inlaik of umquhill Mr John Row, their late minister, ane notable man within the Kirk, and of the greit necessitie that the toune had to be prouydit of a singular good man both for doctrine and good discipline, That the Kirk would favourably grant to the placeingof Mr Thomas Smetoune and John Craige there. The Assembly considering the many impediments why their said breither might not be plantit there, Giues to the said towne any of the ministers following, viz. Mrs Andrew Symsone, James Andersone, John Davidsone, and ordaynes any of them that shall be best Ij'kit of the said Towne, the said minister to be placit at the said kirk. • " 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 loS^, q"" 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. 204 BOOKE OF THE UNIVERSALL . [1580. Sessio 10. Qwhither if any minister may be removit be the General! Assem- bly of the Kirk from his particular flock by consent of his flock for good and reasonable causes? The Kirk answerit therto affir- mative. Qwhither in respect of the present necessitie that there is no Doctors within the realrae, ane minister may superceid the office of pastorschip for a tyme and use the office of a Doctor? It was an- swerit be the Kirke that it may be, be command of the Generall Kirk upon good considerationes. Sessio 13. Forsuameikle as be evident experience it is knawne to the Kirk, that of late dayes syndrie apostates are returned witliin tlie coun- trie, and are spread in diverse provinces, as in Angus and in wther pairtes, and no kynde of discipline as yet used against them, to the great sclander of the Kirk of God, griefF of the consciences of good men, and contempt of the acts of the Kirk ; The Generall Assembly ordaynes the Commissioners of countries to put the act of tlie last Assembly to dew execution against them in all poynts, and to use the forme of discipline against them, as is used against adulterers, and this act and ordinance to be followit out be the Laird of Dun against the 10th day of November nixt to come within his pro- vince, against the Master of Gray, and uthers suspect of the said apostacie. Anent the order of Visitors, Forsuameikle as it is considerit be the Kirk to be ane corruplione and to sound to tyrannic, that sic kinde of office sould stand in the persone of ane man, qwhilk sould flow from the Presbyteries, and not the lesse the estate of tyme and laike of present ordour for establishing and constituting of Presby- tiies, suff'ers not the present alterations of Visitors; It is considerit and thocht meit that my Lord Clerk of Register sould be requestit, with the Laird of Pun, Mrs Robert Pont, James Lawsone, David Lyndsay, John Craige, or John Duncansone, or any thrie or four^ of them, to lay and devyse ane Piatt of the Presbytries and Con- stitutiones thereof, as best appearit to their judgements, to be re- portit be them against the nixt Generall Assembly ; and as to the present, appoyntit the Visitors to have the oversicht of the provinces wiiill the next Assembly. 1580.] KIRK OF SCOTLAND. 205 Tlie z^ssemblie giues full pouer and commissione to the Laird of Lundie, Bredhaltoune, Andrew Kar of Fawdonsyde, Mrs John Craig, John Duncansone, ministers of the King's house, Robert Pont, James Lawsone, David Lyndsay, John Craige, Patrick Adamsone, James Boyde, Thomas Smetoune, George Hay, Andrew- Hay, Adam Johnstoune, David Fargysone, David M'Gill, John Prestoune, elder. Commissioner of Edinburgh, or any sax of them, to compeir before the King's Majestie and Counsell, the 1 5th of November next to come, and with all reverence crave answer to the articles gine in sen the last Generall Assembly unto his Hienes and honorable Council!, and to reasone andconferr thereupon ; with power to thir haill nominat in this commissione, or the maist part of them, to resolve, decerne, and finallie conclude, in name and be- halfe of the haill Kirk, with the King's heines and Councill there- upon, as shall be maist necessar and expedient for the advancement of the glory of God, intertainment of the Evangell of Jesus Christ ; sicklyke and alse freely as if they were personallie present, ffirme and stable haldand and for to hald, whatsomever their said breither or the maist part of them in the premisses leids to be done. The Generall Assemblie ordaynes their breither the Lairds of Lundie, Seagie, Colluthie, and Mrs Robert Pont, James Lawsone, and Williarae Christisone, to passe with Mr Andrew Melvill to the New Colledge and sie him plantit there, conforme to the directione and decreit of the Kirk ; and sicklyke to call the papists that are within the universitie before them, and put order unto them, ac- cording to the acts of the Kirk. Forswameikle as the Generall Assemblie, according to the King's Majestie's wreiting, and for the weill and universall profile of the Kirk of God within this realme, hes thocht meet and expedient and alse coiicludit and ordaynit, that Mr Andrew Melvill be trans- portit from the Universitie of Glasgow to the new Colledge of St Androis for erectione and planting thereof: Nottheless that the good beginning and labours taine be the said Mr Andrew be not frustrate, The haill Kirk hes found good, necessare and expedi- ent that the said Thomas Smetowne occupy the said Mr Andrew his place and office in the said Universitie of Glasgow, and ordaynes him to accept the charge thereof upon him: and ane writting to be direct in name of the haill Kirk to the Rector and Principall of the Universitie, requesting them to receive him in the said Mr Andrew his place, for the weill and comfort of their Universitie : Mr An- 206 BOOKE OF THE UNIVERSALL [1581. drew Hay, as Rector of the said Universitie, in name thereof, dis- senting from the removall of Mr Andrew, many wayes made protes- tation as of before. Qwhither if ane minister entering in the functione of a ministrie, serving tliere in divers years by past, and thereafter leaves his vo- catioun, and applys him to a civill office, may be admitted to be ane elder of the kirk ? It is answerit, that this man is desertor gregis, and sould not be admittit to be ane elder, but rather aught to be callit for his desertione. Ordaynes Mr Braid to delyver to my Lord Justice Clark, at the King's Majestie's command, gine in wreit, for raysing of letters against Mr Nicoll Browne. [FORTY-THIRD GENERAL ASSEMBLY.] The Generall Assembly, conveint at Glasgow, the 24 of Aprille 1581, where there was present the Commissioner for the King, the Laird of Capri ngtowne. Sessio. Exhortation beand made be Mr Andrew Hay ; Mrs Robert Pont, David Lyndesay, and William Chrystisone, were put in leits, and the said Mr Robert, be pluralitie of yotis, was chosen Mode- rator. Assessors, Mrs Andrew Hay, James Lawsone, David Lyndsay, Thomas Smetowne, William Chrystisone, the Lairds of Braid, Downrod, and Pilrig. Forsuameikle as, for purgatione of the ministrie from unworthie persones that had enterit in the functione thereof, to the greit sclander of God and his Kirk, Ordour was taken in the last As- semblie, that all men, alseweell Barrones, Gentlemen, as uthers of the functione of the said ministrie, sould giuc up the names of the saids persones unto the Kirk, as they will answer to God upon their consciences, not the less be schortness and inlaike of tyme, no greit effect foUowit, so that yet the sclander lyes upon the heid of the Kirk ; Therefore, yet as of before, the Assemblie requires all men, as they tender the glory of God and the weill of his Kirk, that they delate and giue up the names of sic persones in wreit, 1581.] KIRK OF SCOTLAND. 207 the morne afternoone, that order may be taken for removeing of the greit sclander aryses to the Kirk be sic unworthie persones.* Sessio 5. Anent the act made in the Assemblie at Dundie against the Bischops beand, some difficultie appearit to some breither to aryse be the word of office conteinit in the said act, what sould be nieint thereby : The Assemblie present for the maist pairt of them that votit and was present at the Assemblie in Dundie, to tak away the said difficultie and resolvemenof the trew meining and understand- ing of the said act, declareit they meanit haillilie to condemne the estate of Bischopes as they are now in Scotland, and that the same was the determinatione and conclusione of the Kirk at that tyme. The Laird of Capringtoun.presentit the King's Majestie's Letter unto the Assemblie conceriiyng also ane Commission from his hei- nes to concurr with the Assemblie, together with certain rowes con- taining the planting of the kirks, and the number of the pres- bytries, with the kirks of every presbytrie, qwhilk the Kirk ordaynit to be considerit be Mrs John Ross for Rosse, Jolm Ines for Morray, the Commissioners of Aberdeene for Aberden, William Chrystisone for Merns and Angus, Duncan M'Call for Dunkeld, Thomas Buchanan and David Fargusone for Fyfe, John Johnstoune and Mr Adam Johnstoune for Edinburgh, James Carmichel for Haddingtoune, George Johnstoune for Jedburgh, the Laird of Luce for Laiierk, Androw Hay for Glas- gow, John Young for Dier, John Clappertoune for the Merss, William Duncansone for Gallaway, and to conveine the morne at sax houres to sicht the samen, and to report their judgement there- of to the Kirk.f Mr Patrick Gallaway transportit to Perth, Mr Alexander Ar- buthnott transportit to the ministrie of Aberdeene, and ordaynit to demitt the principalitie of tlie CoUedge in the favours of Mr NicoU Dalgleish. Anent the King's Majestie's Petitioune presentit in wreite and ex- hibite to the Assembly this day be his Grace's Commissioners, * "Here Cromarty's Copy, and the originall, wants three or four leaves." Note on MS. copy. f " Here in the MSS. there is a blank of a leafe, and on the margine this— ' Condemnation of Bishops reiterat.' " Note on copy. 208 BOOKE OF THE UNIVERSALL [1581. with the answer unto the Articles gine in be the Kirk unto his Heines, and tlie copie of ane Letter to be direct to the Barrones, Gentlemen, and Ministers, for unione and discipline of the Kirks, with the names of the persones to be chargit to take travells there- in. The Kirk, understanding tliereby the godly zealous meaning of his Majestic, praisit God greatl}', that had movit his heart to have ane care of his Kirk ; and first entering to the consideratione of the Answers made to the Articles of the Kirk, thoclit good that thir Articles be in&istit in at his Heines hand and Councill ; his Honor and Councill to be earnestly desyrit to appoynt a Judge in Edinburgh to cognosce and judge upon injuries and wrangs done to ministers in executione of their office, and to punische according to the qualitie of the crynies. according to the forme of punisch- ment to be gine in be the Kirk; and that his Heines wald appoynt Mr John Skeene procurator for the ministers that are so injured : 2°, That an act of Parliament may be made concernyng the depo- sition of ministers, and the causes at lenth to be specified in this article : 3, That the benefices vaikand be disponit to the ministers Mdiere the benefice vaiks, if they be able, according to the meaning of them that conferred at Striveling. Anent the King's Petitions. As to the first petitione concerning the forming of the Articles agreit upone in the conferrence, The Kirk appoynts Mrs Robert Pont, David Lindsay, John Skene, Thomas Craige, and John Craige, to that efffect. As to the second, delayit quhill afternoone ; as to the 3d, reasonable, and agreit upon : the haill rest referrit to the reasonyng at afternoone. The Tennor of the King's Majestie's Petitions gine in be his heines Commissioners. Instructions to our trustie and well-belovit William Cunning- hame of Capringtoune, direct be us with advyce of the ■ Lords of our Secret Councill. To the Generall Assemblie of the Ministers of the Kirk con- venit at Glasgow, the 20th of Aprile 1581. Ye shall delyver our letter unto them, and let them understand that sic of their number as travellit with us, having desyrit of us 1581.] KIRK OF SCOTLAND. 209 answer to their articles sent from the Assembly halden in Dundie, 3d July last, We causit sum of our counsell conferr with them se- verall tymes in October last, as also now of late, qwhilks all finds the matter towards the thirds of benefices mentionat in the first of the saids articles, as the same is there requyrit, not to be the read- iest meine, either to make the ministers assured of their stipends and livings, or yet to make us to have any reasonable support thereby, for reliefe of the commone chairges of our estate, there being so great alteratione and diminutione of the rents, and so great con- fusione utherwayes enterit in that matter, dureing thir 20 yeares and mair now bypast; and that thereby their behoves ane forme and order be prescryvit unto, mair licklie to have continuance to the posteritie to come: To the removeing of all occasions of complaint for the furtherance thereof, there is be commandment and advyce of sic of our councill and the ministrie as conferrit in this purpose, some forme drawne, how Elderschips may be constitute of a certains number of parochines, lyand together ; small parochines to be united, and the greit dividit, for the better sustentation of the mi- nistrie, and the more commodious resort of the common people to their kirks. There is also the forme of letter of ours to be written to some of the principall noble and gentle men, and certaine of the ministers within the bounds of every Elderschip, to conveine, ad- vyse, and reporte unto us their advyce in all things requyred be us in our said Letter, betwixt and the 24 of Junii nixt. This we thocht convenient to communicat with yow to the Assemblie now to be convenit at Glasgow, requyring them in our name to consider thereof, and to send to us their judgement and opinione anent this intendit wark, and of any thing they wald wische aither to be added or dimminished in the forme of our Letter utherwayes, before the same shall be directed : qwhairanent, if care and diligence shall be taken be them, as our intention, God willing, is to doe, to the for- derance thereof, as becomes ws, We have no doubt, but God shall send fruit full success of our travells, to the removeing of the greit disorders and confusions now standing for want of reforma- tione. These grounds advysit weill and agreit upon appearandlie, it shall not only really, with reasonable tyme, make the ministers to be surelie provydit of their livings, but it shall bring the ecclesiasticall discipline to be farre better exercisit and execute over all this realme nor it is presentlie ; it beand declarit first, what every Presbyterie o 210 BOOKE OF THE UNIVERSALL [1581. may cognosce upone ; nixt, what shall be in every Synodall As- semblie ; and last, what causes shall be devolvit to the Generall Asserablie, and what persones shall orderlie neid to repair thereto, and to have vote therein. The reporte of thir our Letters return- ing againe the sooner, it may be provydit with diligent travells, in the good order now intendit, may take beginning at the first day of November nixt without delay, and if our Parliament upon any ne- cessar occasione shall be conveinit. In the meane tyme, the said ardour, or sa meikle thereof as shall be in readiness, may be past and appro vit in forme of law. The second article was answerit in sic sort as we trust they were satisfied therewith. To answer the third article, the desire thereof must be more speciall before it receave ane speciall answer : they have to consider in qwhais default and negligence the persons complaint upon in their forsaid article, remaynes unpunisched. Our answer to the first article is sufficient, qwhill upon farder advyse it may be made more speciall. We doubt not also but our answer to the saxt article shall be found reasonable upon speciall conferrence had thereanent, and that their desyre, if it were grantit in the forme requyrit, could not but induce inconvenients. There is order taken anent the desyre of the sevent article. There is same order alreadie begune for the farther help of the Earle of Arrane, qwhilk shall be foUowit as occasione shall serve. We have causit and yet will cause, the conferrence to be keepit, for furthsetting of all things requisite, that may set fordwart the Policie qwhill the same may be establischit be law. Our former answers are reasonable, and no insisting has been in the contrare in the matter sensyne. Mairover, ye shall lat the Assemblie understand, that in the par- ticular conferrence bygane, syndrie matters hes beine agriet upon in generall termes as they were talkit and put in memorie, but yet are not put in sic forme and termes as war meit to put them in Articles in Parliament, to be past and approvit as particular Lawis ; and therefore let the Assemblie appoynt some of their number to extend and put thir articles in sic forme and order as they wald wische them to be past in Parliament, specially in thir heads, viz. That the Assemblie will cause inquyre and cause informe us of the speciall names of the persons culpable in the faults nottit in their last As- 1581.] KIRK OF SCOTLAND. 211 semblie halden at Dundie, viz. That the Bischopes and Commis- sioners may be admonisched to refuse Readers the titles of benefices vaikand since the first da}^ of November hist bypast, although pre- sentatione have happinit or happine to be ; that the Assemblie declare how many sufficient and weill qualifiet ministers there is presently in Scotland, and in what place they wische them ratherest to serve. And that they give their advyce how the remanent kirks, where- unto ministers cannot be had presently, may be servit, qwhill mair ministers may be had, and that the present auld possessors of the benefices be departit this life. That they give us thair opinione and advyce of that portione of the rents pertayning to the kirks before the alteratione of Religion, qwhilk they think shall fall to us in case all benefices were now vaik- and ; and in the meine tyrae qwhill they be, qwhat We shall have yearlie for ihe supporte of our estate and publick affaires of our realme. That they consider the forme and proceeding, how the ta.vl for the speciall meins pairt shall be payit in tyme cuming. As also to make us some licklie and good overture for the per- sonages that shall occupy the place of the speciall estate in our Par- liament in tymes curaing, after the decease of the present possessors of the place, in respect of the greit decay of the rents thereof. That they send us their good advyce how ane forme of Judge- ment may be established, qwhill a Parliament, for calling of persones provydit to benefices sen our coronatione, to be depryvit therefrae upon the clauses irritant conteinit in their provisiones, for not doing their dewties in their vocationes, but leaving their charges and inedleing with their secular benefices. That the Assemblie giue their advyce upon the forme of pre- sentation that We shall giue to these to be provydit to benefices, if this order take eflfect ; qwhom to our presentatione shall be direct ; qwhat shall be the forme and order of the tryall ; and how shall the persone presentit be tryit, and what forme of admissione or coUa- tione ? For ane grund thir heads are to be considerit. That besyde the Diocie of Argyll and the Isles, of qvvhilks boundes never rentalls war yet gine up, there is in Scotland about nyne hundred and twenty-four kirks, countand fyve score to the hundreth. Of thir, syndrie are pendicles and small parochines, 212 BOOK.E OF THE UNIVERSALL [1581. and many kirks demoliscliit. Some parocbines also are of greater bounds nor the parochiners may conveniently conveine to their paroche kirks. It hes bein thocht meit, therefore, to reduce thir nyne hundreth and twenty-four kirks to vj^ and at every kirk to have ane minister, their stipend and living to be in four degrees. Ane hundreth at . . . 500 merks the piece. Ane hundreth at . . . 300 merks the piece. Ane hundreth at . . . 100 punds the piece. Ane hundreth at . . . 100 merks the piece. Or somewhat mair or less, as it may be neir thir soumes, beneath or above; all stipends and livings to be modified according to the possibilitie of the rent in that place. Thir considerationes are to be taken in, although all the benefices were presently vaikand. Qwhair the parsonage and viccarage pension at any kirk are now severall benefices, to be all unitit and annexit in ane, for the better sustaining of the minister there. Thir six hundred kirks to bedevyditin fyftie Presbytries, twenty to every presbytrie, or thereabout. Thrie of thir Presbytries, or moe or fewer, as the countrie lyes, to make ane diocie, according to ane forme after following, to be considerit of. Of thir number, certaine of the Presbytries shall be the Synodall Assemblie, and ilk Synodall Assemblie shall appoynt the place within that province for thair nixt Synodall. Of persones direct from the Synodall Assemblies, shall the Gene- rail Assemblie consist. Kirks devydit in quarters shall be provydit to ane man : — And if these quarters be annexit to any uther benefices, the quarters to be disseverit out of the provisiones of the persones to be provydit to these benefices when they vaike. The Kirks devydit unto Prebendaries, to be gine to the ministers as they vaik. All benefices provydit to ministers, to be devydit the yeir of their deceis, equallie betwixt their wyfes, children, or executors, and the intrant minister. Young men new come from schooles, shall only be promotit to the benefices and stipends in the low degree ; and the eldest, of the greatest learning and judgement, to be promotit to the highest rank ; and so to ascend gradatim, as they shall be judgit and tryed worthiest, from three year to three year, for the better eschewing 1581.] KIRK OF SCOTLAJNfD. 213 of ambition and avarice ; and that the chairges of the greater con- gregationes shall not be committit to young ministers at the first, nor shall they be preferrit to the eldest, of greater gravitie and judgement, at the first. The estate of all prebendaries to be agnoscit and considerit, qwhilks are foundit upon the teynds of the paroche kirks, and qwhilks are temporall lands, To the effect that sic Prebendaries as are foundit upone teynds, may accress to the living of the ministers serving at the kirks, and the uthers to be provydit for the helpe of the schooles in the best forme that may be devysit. And alwayes the Laik Patronages to remaine haill and unjoynit or provydit, except it be with consent of the patrones. ANE FORME OF THE PRESBYTRIES AND DIOCIES. Orkney, . . J Tingwell. ( Kirkwall. Dunkeld, , Kathnes, . . / Wick. \ Dornach. St Androis, Edinburgh, . Hadingtoivne, f Striveling. -^ Lvnlithgow. ( Dalkeith. J Hadingtovvne. (^ Durabar. Jedburgh, Rosse, . . r Channonrie. ^ Tayne. (^Dingwell. Peblis, Murray, . . r Forress. ^ Elgen. (^ Innerness. Glasgow, JBawmfe, . . f Aberdeene. < Innerowrie. ( Kyncardinonell. Aire, . . Angus, . . f Dundie. ^ Keremure. (^ Kethenis. Gollaway, Mer?iis, . . / Fordoune. \ Bernoy. Drumfries, ( Perth. } Dunkeld, ( Creiff: ( St Androis. ^ Falkland. (^ Dumferraling. (" Chirnsyde. J Dunse. I Kelsoe. L Jedburgh. r Melros. ^ Peblis. (. Bigger. r Lanarick. < Glasgow. (^ Dumbartane. {Aire. Irving. Mayboll. Cammonell. J Qwhitterne. ( Kirkcudbright. f Drumfries. J Penpont. [ Lochmaben. L Annand. 214 BOOKE OF THE UNIVERSALL [1581. Sessio 8. Anent the report of the breither appoyntit to consider the plat- ting of the kirks gine in to them in rows, and to report their judge- ment what they think meit to be reformit therein ; a greit part of the saids rows beand reproducit with their judgement qwhilk they could presently resolve upon in sic schortness of tyme qwhill they be farther resolvit with advyce of their countries ; The haill Assem- blie thocht meet that ane beginning be had of the Presbytries in- stantly in the places after following, to be exemplator to the rest that may be established heirafter. The Presbytrie of Edinburgh. Corstorphing. Edinburgh. Halyrudehouse. Castle of Edinburgh. The Wast towne of Dudin stowne, Leith. Restalrig. Mussilburgh. Natoune. St Cuthbert. Cramond. Gogar. Ratho. Kirknewtowne. Currie. St Bothomes. Hayles. Libbertowne, The Presbytrie of Dundie. Dundie. Lundie. Balumbie. Benun. Maines. Auchterhouss. Strethmartane. Inchesturie. Monoswith. Rossie. Murrois. Langforgund. Logiedundie» Foulis. Liff. Inneraritie. Innergowrle. KirkbriddoU. Tealing. The Presbytrie of St Androis. St Androis. Carraill. St Leonards. Anstruther. Seress. Carnbie. 1581.] KIRK OF SCOTLAND 215 Newbirne. Dymminow. Kylconquhar. Abercrombie. Largo. Cowper. Auchtermoonsie. Lewchars. Perth. Kynnowll. Kynfauns. Methven. Pittwarror. Kynclevine. Logybryd. Auchtergowine. Scoone. Cambsmitchell. Tibbermure. Dumbarnie. Rynde. Forgownd. Balmerinoch. Logiemurth. Kylmaine. Darsie. Kenbege. Kylrinne. The Preshytrie of Perth. Duppline. Abernethie. Dron. Arngask. Mucarsie. Forgundine. Aberdagie. Fortiviet. Monzie. Regortowne. Loncardie. Trinitiegask. Preshytrie of Striveling. Carabuskenneth. Logy. Durablaine. Lycrope. Kylbride. Aberfull. Port. Clackraanan. Tulliebodie. TulUeallane. Kylmadock. Kyncarden. St Ninian s Kirk iv» oc ue vy uii Larbarr. Dunriipace. Kirk of Mure. Kyppey. Alvethie. Tillicultrie. Kylmahugo. Leney. Callendrech. Airthe. Brothkenner. Glasgow. The Preshytrie of Glasgow. Campsie. 216 BOOKE OF THE UNIVERSALL [1581. Fintrie. Schottis. Strabrane. Paislay. Gaidar. Merines. Monkland. Neilsone. Lenzie. Kilbryde. Ranfrew. Torreiss. Inchynnane. Gowane. Cambuslaing. Blantyre. Rutherglen. Eistvvoode. Carmanock. Cathcart. Bothwell. Monyabrock. The '. Presbytrie of Aire. Aire. Auchinleck. Alloway. Mauchlen. Tarboltowne. Gastowne. Barnwell. Qwiltoune. Cumnock. 'J Cragy. Monktoune. Riccartowne. St Kenockis. Dundonald. Prestick. Symontoune. Wchiltrie. The Presbytrie of Irwing. Irwing. Dunnalop. Large. Kilbirney. Kylbryd. Beith. Ardrossan. Kilmauers. Kylwynning. Prestowne. Kilmarnock. Dreghorne. Lowdon. Stevinsone. Dairy. The Presbytrie of Hadingtoicne. Hadingtowne. Morhame. Elstarfred. Ormstowne. St Martine's Kirk. Aberladie. Bovvden. Gulane. Sowtrey. Northbervick. Bothaines. Paintland. 1581.] KIRK OF SCOTLAND. 217 Saltowne, Tranent. Seatone. Barraw. Garwont. Fala. Rothinschell. Keithhumbie. The Presbytrie of Dumbar. Dumbar. Awld Cammous. Spott. Q,\vhittinghame. Lyntone or Stentovvne. Prestonekirk. Qwhytkirk. Innerweik. Bass. Auldhamsteiks. Auldhani. Coldbrandispeth. Tinnynghame. Chirnsyde. Foulden. Mordingtowne. Coldinghame. Ayttowne. Lammertowne. Wintowne. Fischweik. Horneden. Wpsettlingtowne Lainell. Hirsell. Simprem. The Presbytrie of Chirnsyde. Hiltoune. Qwhitsone. Eldrem. Bonkle. Prestoune. Eilana. St Bothanes. Dunss. Langforraagus. Cranschaws. Langtowne. Foggovv. Swintoune. The Presbytrie of Linlithgow. Linlithgow. Torphichen. Bynnie. Bathcat. Caldercott. Levingstowne. Caldercleir. Kynnell. Strabrock. Carridden. Inchmachame. Slamannane. Kirklistoune. Abriecorne. Auld Cathie. Falkirk. Drummaine. 218 BOOKE OF THE UNIVERSAL!. [1581. The Presbytrie of Dumfermling. Durafermling. Dysert. Carnock. Weymes. Innerkething. Methell. Ressythe. Ginglassie. Auchterdirie. Culrosse. Ballingarie. Crumble. Aberdour. Torrie. Dalgatie. Saline. Auchterlool. Cleisch. Kirkaldie. Muckart. Ginghorne Eister. Dolor. Ginghorne Waster. Glendovan, And to the effect this ordour of Elderschips may De estaDiiscneu in the saids townes with the better expedient and mair convenient forme, they have namit the breither underwritten, to take care and travells, and to sie the same constitute betwixt and the last day of May nixt to come, viz. For Lawthiane, Mrs Robert Pont, Adam Johnstowne, James Carmichael : fFor Fyfe, David Fargysone, Tho- mas Buchanan : fFor Angus, the Laird of Dun, Mr Chrystiesone, James Andersone, James Melvill : fFor Striviling and Linlithgow, Robert Montgomrie, John Duncansone, the Bischope of Dum- blane : fFor Glasgow, Andrew Hay, Thomas Smetoune, Andrew Polwart, and the Bischop of Glasgow : for Aire and Irving, John Porterfield, John Young, John M'Corie : ffor the Merss, John Clappertoune, Patrick Gaitts : fFor Perth, the Minister there, Wil- liam Rynd, and William Edmestoune ; Ordayning every Elder- schip in the first Assemblie to be halden, to chuse out of their numbers ane Moderator to continew till the nixt Synodall As- semblie. Sessio 9» Forsuameikle as travells hes been taken in the forming of the Policie of the Kirk, and diverse sutes made to the Magistrate for approbatione thereof, qwhilk, albeit as yet, hes not taken the happie effect qwhilk good men would crave ; yet that the posteritie sould judge well of the present age, and of the meining of the Kirk, the Assemblie hes concludit that the Book of Policie agriet upon in di- 1581.] KIRK OF SCOTLAND. 219 verse Assemblies before, sould be registrate in the acts of the Kirk, and to remaine therein, ad perpetuam ret memoriam, and the copies thereof to be taken be every Presbytrie: of the qwhilk Book the tenor follows : HEADS AND CONCLUSIONES OF THE POLICIE OF THE KIRK. [The Book of Policie, or Second Book of Discipline, has been already so often printed, in Dunlop's Confessions, the Com- pendium of the Laws of the Church, and separately, along with the First Book of Discipline, that it is deemed unne- cessary to encumber the present work with a reprint of it from the Assembly's Register.] Anent the Confession of Faith lately set furth be the King's Ma- jestie's proclamatione, and subscribed be his Heines, The Kirk, in ane voyce, acknowledges the said Confessione, to be ane trew and Christiane Confession to be agriet unto be such as trewly professe Christ and his trew religion, and the tenor thereof to be foUowit out as the samin is laid out in the said proclamatione. Ane method of Preaching to be printed and putt in Scotts be Mr Thomas Smeton. Forsuameikle as Abbots, Commendators, Priores, and Bischops, provydit of auld, under the name of Ecclesiasticall, bruiks the rents and revenews of the Kirks, without exercising any spirituall func- tione thereof, or recognoscing the true Kirk, devowring the patri- monie of them, and daily diminisching the rents of their benefices ; The Kirk and Assembly present, hes determined and resolved, that all such persones before named, shall be cited before the Presby- teries, to compeir before the next Generall Asserablie of the Kirk, to subraitt themselves thereto, as they will answer unto the Kirk. Anent Readers ; Forsuameikle as in Assemblies preceiding, the office thereof was concludit to be no ordinar office in the Kirk of God, and the admissione of them suspendit to the present Assem- blie : The Kirk, in ane voyce, hes votit and concludit farther, that in no tymes coraeing any Reader be admittit to the office of Reader, be any haveing power within the Kirk. Ordaines the Commissioners of Countries to give in the names at afternoone with the persons they think meit, to the union and divi- sione of the Kirks. 220 BOOKE OF THE UNIVERSALL [1581. Certaine appoyntit to forme the Articles agreit on in confer- rence. The advyse of the Kirk concerning the direction of Presenta- tions, that they be directit to the Presbytries. To crave of his Grace for performance of the wark intendit, that prelats be dissolvit. Sessio 10. Anent the place of repentance to be appoyntit to Captaine An- struther for his fearfull defectione from the trevv religione in the parts of France ; the haynousness and gravitie of his defectione be- ing Weill weyit and considerit, qvvhilk requyrit solerane and noto- rious repentance, — The Kirk hes thocht meit, and be voteing con- cludit, that his repentance be made in the city of St Androis, after the forme of discipline sett out against the apostates. [FORTY-FOURTH GENERAL ASSEMBLY.] The Generall Assembly, conveint at Edinburgh, the 17th of October 1581, qwhair there was present the Commissioners. Sessio. Exhortatione made be Mr Robert Pont. Leitts, Mrs John Craig, Andrew Melvill, David Lyndsay, and John Duncansone ; the said Mr John, be plurality of votis, was chosen Moderator hac vice, whose absence before noone, the said Mr Robert was ordaynit to supplie. Assessors, Mrs James Lawsone, Robert Pont, Andrew Hay, Andrew Melville, David Lyndsay, Thomas Smetowne, Alex- ander Arbuthnott, Andrew Polwart, and David Fergusone. Sessio 2. The Assemblie ordaynit Mrs Adam Johnstone and John Durie to pass to the King's Majestie in name of the Assemblie, desyring his Heines to direct Commissioners from his Grace to see the pro- ceedings of the Assemblie, and continew therein ; quha returning, declareit that for suudrie affaires of Counsell he could direct nane qwhill Thursday, and that day his Grace sould send some instructed with his commissione. 1581.] KIRK OF SCOTLAND. 221 The haill Bishops being called, nane was present but Dunblane. Anent the constitution of Presbj'tries appoyntit in the last As- sembly; The persones to whom the charge thereof was committit, being callit to giue ane account of their diligence herein : ffor Low- thiane they had not proceidit : anent Lynlithgow, be reason that thir diverse yeares bygane, no Exercise hes been there, besyde the inlaike of ane good nioderatour, and therefore thocht it meitest that the Presbytrie sould have bein in Calder, where the Superin- tendent micht be had to be Moderator ; allwayes referrs that to the brether. After voteing, the Kirk concludit that the Presbytrie be still in Linlithgow qwhill the next Assemblie, and no transporting nor change of the place of the Presbytrie, without the determinatione of the Generall Assemblie, as lykewayes of all uther Presbytries ; ad- nioniscliing also the towne of Lynlithgow be their Commissioner, that if good concurrance be not had be them therunto, that the Kirk wald transport the Presbytrie from them. The rest of the Presbytries referrit to farther deliberatione and diligence. Sessio 3. For eschewing of sic misorder as fell out in the persones of Alexander Mure, minister at Falkland, quha married persones di- vorced for adulterie, and Alexander Foster, minister at Tranent, who baptized ane bairne in ane priuate house, as lykewise minis- tratione of the Lord's Supper and celebratione of marriage in pri- uate houses ; It is concludit be common consent of the haill breth- ren, that in tymes comeing, no marriage be celebrate, nor sacraments ministrat in priuate houses, but solemnlie according to good order hitherto observit, under the paine of deposition of the persones that wses the said ministraticne from their office and functione of the ministrie in tyme cuniing. Sessio 4. The Assemblie of the Kirk gives full commissione to the Elder- schip of Dundie to call the Maister of Gray before them, to give ane account of his professione, and to give confession of his fayth, and to proceed against him according to the acts of the Kirk, and that with all possible diligence. 222 BOOKE OF THE UNIVERSALL [1581. Sessio 5. His Majestie's Commissioners inquyrit of the Commissioners of the Kirk, in caice the Kirk damned the office of Bischops, qwher- unto alse is annexed ane temporall jurisdiction, wherin the Kirk is servit be voting in Parliament, assisting in his Hienes counsell, contribution in taxations and sicklyke, — qvvhat overture they wald shew, qwhereby the King be not prejudged be the taking away of that estate? For advysing of this head, qwhilk the Asserablie thocht very weighty and of great consequence, they have nominat Andrew Ker of Fawdonsyde, the Lairds of Coldenknowes, Keir, Cardoune, Segey, the Proveists of Edinburgh and Striveling, the Commission- ers of Edinburgh, Striveling, Leith, Perth, Montrois, Mrs Andrew Hay, Andrew Polwart, John Porterfield, William Rynde, David Faigysone, John Rutherford, David Lyndsay, William Edmes- towne, with the sax brethrene on the conferrence. Forsuameikle as the King's Majestic, with advyce of his coun- sell, lies sett out and proclaimit ane godly Confessione of Fayth, to be imbraceit be all his trew subjects, and be the same expressly giving commandment to the ministrie to proceid against whatsumever per- sones that will not acknowledge and subscryve the same, qwherein great negligence hes been seen, far by the dewtie and office of trew pastors : Theirfore the Kirk and Assemblie present, hes enjoynit and concludit, that all ministers and pastores within their bounds, with all expedient and possible diligence, execute the tenor of his Ma- jestie's proclamatione betwixt and the next Synodall Assemblies of every Province, and present before the Synodall Assemblies to the Moderator thereof, the dewtiefull diligence in this behalfe, to be reportit to the next Generall Assemblie of the Kirk, under the paine of deprivatione of the saids ministers from the fuuctione of the mi- nistrie, that beis negligent herein. Sessio 6. The brethren appoyntit to conferre upon the overture to be made to the King's Majestie's Commissioners concernyng Bischops, Re- portit, That after lang reasonyng, they had agreit in this far, that twiching voting in Parliament, assisting in Counsell, Commissioners from the Generall Kirk sould supply the place of bishops : And as to the exercising of the ciuill or criminall jurisdictioneanent the of- 1581.] KIRK OF SCOTLAND. 223 fice of bischops, the Heritable Bailies sould use the same ; — referring to the judgement of the haill Kirk to consider of their answer, if they thocht the same meit to be communicat be the said brether to the King's Commissioners: qwhilk the Kirk altogether thocht meit, and allowit the judgement of their brether. Sessio 7. Compeirit James Molvill, Gentleman of the King's Chalmer, and presentit unto the Kirk, his Majesties writting concerning iryall to be taken of certaine words alleadged spoken be Mr Walter Balcan- quell in his late serraone against his Heines cousine, Duke of Len- nox, with credit to tlie bearer, who schew that in this far he had credit to speak, that because at the last calling of John Durie and the said Mr Robert before the Privie Counsell, upon accompt of their sermones, oiFence was taken in the Kirk, therefore his Grace laments the matter to the Assemblie, willing them to try the matter and to putt order therein. The words wherein the Duke's Grace is offendit are thir ; That the said Mr Walter had spoken in pulpit, that within this four years, Papistrie had enterit in the countrie, not only in the court but in the King's hall, and maintained be the tyrannic of a great cam- pione, who is callit Grace; and if his Grace vald oppone himself to God's word, he sould haue little grace. Further, concernyng the Bischope of Glasgow, the King's Majestic desyrit they sould stay any proceedings against him as bischop ; yet if there be any uther thing the Kirk hes to lay to his charge, let them use their order. Hereunto the said Mr Walter answerit, Seeing in the King's Majesties letter and credite gine to the bearer thereof, he is accusit, — praying the Moderator to suffer him to give his answer thereto; the sum quhairof schortly shall be this : First, he praisit God that he is not accusit of any thing wherein ather civilie or criminallie in his life or conversatione, he hes offendit the King's Majestic, or his laws, whereunto with all reverence and all tymes he is readie to submitt himself as effeirs, but is accusit of these things wliilkhe hes spoken publickly in the pulpit, qwherein he hes been mair plaine in reproveing of vice then sum men can goodlie suffer, qwhilk is a very point of his doctrine ; qwhilk, howbeit, he heir there callit open sclander, yet he man so justifie the same, that although all the kings of the earth wald call it erroneous, yet he is ready here be good reasone to prove it to be the very trewth of God ; and if neid sail requyre* 224 BOOKE OF THE UNIVERSALL [1581. to seall it with his blood. Secondlie, he praises God for this, that of his last accusation, God hes giuen this meikle victorie to this Kirk, that howbeit then it was callit in questione, to whom the judge- ment of the doctrine sould appertayne, yet as then be good reasons it was concludit and promised be the King's Majestic, Counsell, and Commissioners appoyntit therfra, to conferr with the ministers in that matter. That in all tymes cuming the tryall of the ministers' doctrine sould be referrit to the judgement of the Assemblie of the Kirk, as the only competent judge thereto; so now it is performit, and for that he sies that promise now keepit, he thanks God, and is so meikle the more glad to give his answer before their godlie wis- domes of the Assemblie present, as his competent judges in this matter, and that after this manner. As concernyng these things qwhilks he spake in his sermon the last Wedensday, he spake them not quyetlie, but all his breither and all the haill Assemblie heard them, and so, of all wthers, can best judge of the same. Wherefore, with all reverence, he will submitt himself simply unto their godly judgements, alwayes neither being aschamitt of his doctrine, neither yet being niyndit to giue advantage to his enemies, so far as he may, whose purpose he knaws against him in this matter. He will only requyre this conditione, — that the canone of the Apostle Paul be keepit to him, qwhilk is this : Against ane elder receiue no accu- satione, but under two or three witnesses ; according to the qwhilk forme of proceeding, he craues in this matter here. Are ye, the Assemblie of the Kirk, as competent judges unto him ? Here is he ready before your Wisdomes to answer to all ac- cusationes that sail be layd against him, and underly your judgments therunto. Let any man, therefore, according to the canone of the Apostle, qwhilk on no wayes ye can break, stand up here before yow, and say he hes any thing to accuse the said Walter off, either in lyfe or doctrine, and hes two or thrie witnesses readie with him to prove his accusatione : then the said Walter shall answer him as effeirs ; for seeing James Melville heard not his doctrine, and there- fore will not take upon him to accuse the said Mr Walter, he will superseid farther answer, qwhill he sie his accuser qwhatsumever, to qwhom be the grace of God he sail be ready to answer as ac- cords. Tiie Assemblie ordayns Mrs Thomas Smetone and Dauid Fargy- pone to passe to the King's Grace with this answer ; — That seeing Mr Walter is ane brother in the ministrie, the canon of the Apostle 158 1. 1 KIRK OF SCOTLAND. 225 must be keepit unto him ; and therefore the accuser, with his two witnesses, ocht to be had. Farther, that in respect of the last call- ing of John Durie before the Privy Counsell, upon ane compt of certaine words alledgit spoken in his sermone, ordour was taken be certaine Commissioners of Counsell and brether of the Kirk, that in case such accusationes afterwards should fall out in the Kirk, sould haue the judgement thereof; and if the King's Majestic please to send any Commissioners to be present at tryell, they sould see the proceedings of the Kirk ; Therefore desyres his Majestie to send Commissioners to sic this matter tryed, seeing the Kirk is most will- ing to try the same. Sessio 9- Anent the establishing of Presbyteries, the Kirk assemblit has nominat certaine brether to travell diligently in erection of Presby- tries, as they shall be severallie devydit, betwixt and the next As- semblie ; and ordayns their brother, Mr James Lawsone, to penne the forme in proceeding in erectione thereof, that the brether being informit of the order, may uniformlie proceed therein. For Falk- land, Mrs Walter Balcanquall, Patrick Adamsone, my Lord Rothes, Balvaird and Creich. Sessio 10. Articles qwhairof Mr Robert Montgomrie, minister at Strive- ling, was openlie accusit in the Generall Assemblie, anent his doctrine. 1. That publicklie preaching in the kirk of Striveling, he pro- ponit a questione touching the circumcisione of women, and in the end concludit, that they war circumcisit in the foreskin of their fore- head; 2. In Glasgow, he openlie taught that the discipline of the Kirk is a thing indifferent, and ma}-^ stand this way or that way. 3. He accused the ministers that they used fallacious arguments and captious, and that they were curious braines. 4. So far as he could, he travellit to bring the originall languages, Greek and Hebrew, in contempt, abuseing thereto, the words of the Apostle, 1 Corintli. 14 — and tauntinglie askit in what schoole were Peter and Paul graduit ? 5. To p;'ove the corrupt state of bischops in our tyme, he brocht furth the examples of Ambrose and Augustine. p 226 BOOKE OF THE UNIVERSALL [1581, 6. It is sufficient to baptize in the name of the Father only, or in the name of the Sonne, or in the name of the Holy Ghost, be- cause they are all one God, and to that effect alleadgit 19 of the Acts. 7. The matters of Discipline and lawfuU calling in the Kirk, he callit trifles of pollcle. 8. He accused the mlnlstrie of seditlone and leise Majestie, saying, exhorting them not to be seditious, nor meddle with hie matters, to' leave off, to put on crownes and off crownes, for if they medlit any farther therewith, they wald be reprovit. 9. He condemnit the application of the Scripture to the particu- lar manners and corruptions of men, mockingly asking, in what Scripture they may finde a bischope for a 1000 pund, horse, corne, and pultrie, and when they teache of luife, how cold they fund Judas ? 10. He oppugnit the doctrine of Christ, quho pronounces that the most part are rebellious and perische. 11. He denyed, that in the New Testament any mentione was made of the Presbytrie or Elderschip. 12. He accusit the ministers of pasquils, of grudging and mur- muring, of trouble and confuslone, of lying and backbytlng, say- ing, wliere is It ? who will do it ? what fault can they find with the Court ? As for myself I find nane. 1 3. The Kirk being traduclt be pasquilles and infamous llbells, not onlle purgit he not the Kirk or hlmselfe thereof, having good occasione, but rather approvit the same. 14. He used his preaching against the mlnlstrie, the very words of the lybell that was cast in the King's chamber against them. 15. This quarter year bygane, he hes been negligent in doctrine, discipline, and assisting of the Elderschip. Sessio 12. Heads refcrrlt from the Synodall of Lawthian to the Generall As- semblle. 1. First, That ane universall order be taken and made be the Generall Assembly, for excommunicatione, tryall, admisslone, and ordination of ministers. 2. To inquyre what persone of the mlnlstrie shall designe gleibs and manses; and seeing that the Synodall Assemblie of Lawthiane 1581.] KIRK OF SCOTLAND. 227 lies thocht good that every Presbytrie sail direct some of their oune number, to designe gleibs and manses within their awne bounds, we crave the consent of tlie Generall Assemblie that the same may be universall ; and, where there is no presbytrie, to ap- poynt who shall designe the same. 3. Qwha shall await upone the plat for modifieing of the minis- ters' stipends. 4. Qwhat answer shall be gine to the King's Majestic concerning the union and disiunctione of Kirks. 5. That ane uniformitie be used for summonding of persones before the Presbytrie, and proces tliat is to be led before the same. 6. To suit that the tryall and admissione of all masters of schools be now joynit to the Presbytries. 7. Seeing we of the Synodall of Lawthiane, hes agreit that dispu- tationes sail be every day of the exercise in every Presbytrie, and speciallie upon such articles as are in contraversie betwixt us and the Papists, for avoyding of negligence of ministers, and to the end we may the better withstand the adversar, that the Generall As- semblie will ajjpoynt the forme tliereof. 8. What order shall be used with Rlinisters and Readers that setts their gleibs and manses, as ye oversie the same. 9. That ane article be suitit be the Generall Assemblie at the Parliament, that all marriages without consent of parents, procla- mations of bands, or utherwayes without the awne solemnities ac- cording to the order of the Kirk, be decernit null. 10. To crave that ane act of Parliament be made against them that pass in pilgrimage, and uses superstitione at wells, crosses, images, or uther Papisticall idolatrie, or observes feasts and dayes dedicated to Saincts, or setts out beanefyris for superstitione. 11. Seeing the act of Parliament appoynts them that are convict of notorious adulterie, and throw the ambiguous expositione of this word notorious, no execution is used thereupon ; therefore, for avoyding the plagues of God hingand above this haill countrie for this cryme, That the Generall Assemblie wald crave that ane act be made in Parliament for punisliment of all persones to the death, whosoever are lawfully convict of adulterie. 12. Seeing ane act of Parliament is made anent discharging of mercats upon the Sonday, and no executione hes followit thereupon, qwherthrow the people absenting themselves from the Kirk, and 228 BOOKE OF THE UNIVERSALL [1581. waiting upon the mercat, continews in ignorance, and be these means, Atheisme increases, desyre that sum order may be taken in this Parliament — Tlie execution of tlie said act, that sum puni^ch- ment may be appoyntit againes the magistrates that puts not the same in executione, notwithstanding any private dispensation in the contrarie. 13. That ane act of Parliament be made for provisione of gleibs and manses to such ministers as teaches at Abbay Kirks, lyke as they are i)rovydit for uthers. 14. Because there is ane act of Parliament that all Presb3'tries and prebendaries shall be gine to sf^holers to hald them at the schools, and it is of veritie that there is verie many of these sorte that is of cure of saulesand paroche kirks, nottheless, be reasone of the act of Parliament, they are gine to courteors ; therefore we de- syre that I here be ane act of Parliament, that all presbytries and prebendaries tliat lies cure of sanies, may he gine to nane but to ministers, and that if any be gine, to be null in all tynie ciuiiing. Sicklykc, Prebendaries fuundit to schoo's and masters teaching the sa:ne be gine, cotiforme to their foundatione, to" schoolmasters for instructing the youth ; and if the same be disponit wlherwayes, the di^positioune to be null. ^ Answers made to the saids Headis. Anent the first article the Kirk lies ordaynit William Chryste- sone, Mrs Andrew MeKill, Thomas Smetowne, Alexander Arbiith- nott, and James Lawr-one, to consider the ordinar and extraordinar houres, and to report th»^ir judgement to the Kiik, and Mrs Andrew Hay and Nycoll Dalgleische to assist them. As to the second, the first part is agreit upon ; and qwhair Pres- bytries are not yet, nor cannot be erectit, the Commissioners qwhilks were before appoyntit to remaine Commissioners yet to that effect. For satisfying of the third, the Kirk hes nominal ilie Comniis- si( neis uiuUrwrilten, viz. The Commissioners of Oiknay and Zeit- land. For answering to the fourth concerning the King's Letter, or- dayiis the Clark Register to be consultit u[)iin the answer. To the fifih, refejTS the forme thereof to be conceivit in wreit be Mrs David Lyndsay and Patrick Adamsone betwixt 6 and 9. As to the saxt, agreit to be proponit in article to the Parliament. 1581.] KIRK OF SCOTLAND. 229 The 7. referrit to the Elder^chips, and allwayes where thir dis- putationes may be liad, the Kitk thinks them good. For answer to t!ie 8, the acts of tlie Assemblie to be put in exe- cutione against sucii persoiu^s be the Eldei'.-chi[)s. The 9. Oi(hiyiies this ariicle to be cravit at the Parliament, be- and fiisl well qualitiet and piesented to the Kirk. The 10 sicklyke — 11 agreil — 12 sicklyke; and the Kirk to pro- ceed likewise against the violators of the Sabbath day and niain- tainers of them. The 13 and 14 agreit. Sessio 12. Forsuameikle as be the great and many divisiones and deidlie feids rysing in all the quarters of the realme, not only is the word of God and trcw Religione burdenit with sclanders, but also the cnmmone weill enoiinlie woiimlit and hurt, discipline and ail good order confoundit, brotherlie eharilie and amitie aluterly conteinnit, to the grief of good men's consciences: Heirfore the Kirk lies in- joynit to their lovit bretiier John Durie, Mrs David I^yndsay, An- drew Polwart, Andrew Hay, Thomas Smotoiine, tlie Ministers of Aire and Irvine, to travell in the Wast ; James Lawsone, John Braid, David Lyndsay, to travell betwixt my Lord Gowrie and Olyphant; the Lairds of Culiuchie, Kynnaird, the iiaillie of Arroll, Patiick Adamsone, William Clirystisone, and Mr James Balfour, to travell in Angus, betwixt n)y Lord Crauford and Glames, and effec- tuouslie interveine for reconcileing of the saids pairties and others falling out in all thir quarters : requyring them, in the name of God and of the haill Kiik, to live in unitie and peace with uthers as bvether and members of one body, and not to giue orcasione, be their divisione, of sclander, and open the mouthes of the eiiemies, to burden the evangell with calumnies, as they will schaw themselves the sonnes of peace. Sessio 13. The Kirk, both for provisione of St Androis and uthers burghs wanting pastores, lies nominat certaine brether, out of qwhais num- ber so many shall be electit, to be placeit in the saids rouines qwhais names follows : Mrs James Greig, Alexander Iloonie, William Rynd, George Hay, George Patersone, Gilbert Gardine, Alexander Denmure, James Hammiltone, James Melvill, James Balfoure, John Knox, David Lyndsay, Thomas M'Gie, Michael Cranstowne, James 230 BOOKE OF THE UNIVERSALL [1581. Andersone, and William Auchmoutie, Ordayning the breither that knawis any uthers persones qualified of the miiiistrie, to giue in their names afternoone. Anent the corruption of Burialls within the towne of St Androis; the Assemblie hes ordaynit Mr Patrick Adamsone, to put the act of the Kirk to executione against the persones that hes contraveint the same. Sessio 14. The haill brether are admonisched to observe the act made al- readie anent the marriage of pairties divorcit for adulterie, under the paine therein conteint, qwhill the questione be fuUie resolvit, upon the advyce and consent of the haill Kirk. Sessio 15. Anent the desyre of Mr Walter Balcanquall, minister of Edin- burgh, desyrand, that according to the King's Majestie's directione to the Kirk, his accusatione may be lawfuUie tryit, and his accuser and witnesses brocht before ; or else, seeing he spak nothing but publickly in face of the haill brethren, that they sould giue their judgment and deterrainatione in the matter,' submitting him re- verently unto their wisdomes. The Brethren present, ordayned Mrs David Lyndsay and Thomas Smetone to pass to tlie King's Majestie, and schaw their good will to haue the matter tryed conforme to his wreiting ; desyring his Grace for that effect, that the accuser, with his two witnesses, be brocht before the Kirk, as also if it be his heines pleasure to send some Commissioners from the Council, to sie the matter rightly judgit and proceedit in be the Kirk. Anent the supplication gine in be John Craig, appearand of Ra- muscraig, and Agnes Irving his spouse, desyrand that the Commis- sioners of Edinburgh sould be requyrit to superceid the cause of Barbara Keith against them before the said Commissioners ; the saids Commissioners being present, the Kirk requyrit them in this particular, as also in uther things that appears to towch the Juris- dictione of the Kirk, that no wayes they proceid qwhill they con- ferr with the Prior of Pittenweyme, Mrs Robert Pont, Alexander Arbuthnott, who sail concurre with them the morne at nyne houres, and reasone both anent their jurisdictione and the jurisdictione of the Kirk, that neither of them usurp uthers jurisdictions ; and herein 15S1.] KIRK OF SCOTLAND. 231 to report their judgement to the Kirk ; requestand also tlie saids Commissioners, that dureing the dependance of this conferrence, no farder be proceeded in the said cause ; unto the qwhillc conferrence the said Commissioners agreit. Sessio 16. The Brethren direct to the King's Majestic and Couneill, reportit, that be reasone of the greit affaires of the King and Counsell, they could gett no answer of such things as they were direct for. Sessio 17. The Kirk consentit to the supplicatione of Alex\ Borthwick, minister at the kirk of Livingstone, quho being an actuall minister and of meine literature, humbl}^ desyrit the Kirk to grant him li- cence to gang to some universitie within this countrie, where he may study theologie, and haue sum kirk near adjacent to travill there in the ministrie ; in the meane tyme so meikle tlie rather as he hes obteinit leave of his flock quho may at this tyme be easilie pro- vydit. Ordaynes Mr David Lyndsay to passe to the Session of Edin- burgh, and desyre them to declare, if they, or any of tliem, fand any errors, sclander, or offence in the sernione preached be Mr Walter Balcanquall, upon Wodensday was aucht dayes. Sessio 18. Anent the accusatione gine in be Mr Androw Melvill, Principnll of the new Colledge of St Androis, against Mr Robert Montgomric, minister of Striveling, and his answer made thereto verba before, and gine in this afternoone in his name ; the Kirk being resolvit therewith, admitts to the said Mr Androw his probatione, the con- tents of the saids articles, assigning to him the morrow to prove the samen : And ordaynes the officer of the Kirk to warne Mr Ro- bert to compeire the morne, at ten lioures, in the Assemblie, to hear witneses and probatione recevit. The haill Assembly being of good mynde, and well affectionat to try the poynts of the accusatione gine in be James Melvill, Gentleman of his Majestie's Chalmer, in name of the Duke of Len- nox ; and haveing diverse tymes travellit with his Majestic that tlie Rules of the Apostle sould be keepit to their brother, and the ac- cuser, with his two witnesses, brought before ; as likewise, that his 232 BOOKE OF THE UNIVERSALL [1581. Majestie wald direct some Commissioners from his Counsell, to understand herein the just proceedings of the Kirk; qwherin sieing no effect of their suit, yet, for saiisfactione of the King's Majestie's Letter, and removing all the sclander that may aryse heirhy, first direct certaine Commissioners from the haill Assemblie unto the particular Kirk of Edinburgh, qwhereof the said Walter is minister, Requyring of them, if, in the said sermone, qwhilk was made upone Wedensday was aucht dayes, they or any of them had fund, or finds, any word spoken qwhilk was erroneous, sclanderous, or offen- sive ; qwhais answer being reportit be ane brother of their Sessione, that they had heard nothing spoken be him therein that was either erroneous, sclanderous, or offensive, but good and sound doctrine, qwhereof they desyrit the approbatione of the haill Kirk conveint: The haill Assemblie, voting particularly in this matter, but any contradictione, Declareit that they nor nane of them fand or findd any fault in the said sermone, nothing spoken therein that conteint either error, sclander, or just offence, but solide good and trew doctrine; praysing therein God, and justifying their brother of that accusation qwherewith he is chargit. Sessio 19. Anent the jurisdictione of the Commissariot of Edinburgh, and wherein they medle with the jurisdictione of the Kirk; seeing the matter lies taken sum reasonyng betuixt the brethren appoyntit, and the Commissioners, and farther reasonyng yet requyrit ; The Kirk ordayns Mrs David Lyndsay, Robert Pont, James Lawsone, with the Prior of Pittenwyine, to travell in the conferrence of this matter, as also upon the particular of Barbara Keith, with sic diligence as is possible, and to draw the reasonyng to sum poynt, qwhereof the Kirk may be informit at the next Assemblie. Sessio 20. The brethren sent to the King's Majestie with the articles of ac- cusatione gine in against Mr Robert Monfgomrie, returnit his Ma- jestie's answer: that he had received them very thankfuUie, and was content that the accusationo proceeded against him, as minister: far- ther, that in the heads of religione, he agried from his heart with the Kirk of Scotland, albeit in sum heads of policie he was not yet re- sol v it. The General Assemblie giues their full power and commissionc 1581.] KIRK OF SCOTLAND. 233 to the richt honorable and their belovit brether, the Laird of Braid, Andrew Kerr of Favvdonsyde, Mr Thomas Craig, advocat, and John Johnsfone, Conunissionprs of Edinburgh, the Provest of Dun- die, Alexander Serynigeour there, Alexander RutlierCurd, Ci)inii;is- sioncr of Aberdeen, tJenrie Adanisone, Commissioner for Perth, Robert Lichtoune, Commissioner for A' ontrois, the ministers of the King's houss, the ministers of Edinburgli, Mrs Robert Pont, David Lyndsay, Andrew Hay, Andrew Melvili, Thomas Smetoune, Pat- rick Adamsone, George Hay, David Fargysone, Adam Jolinstounc, James Carmichaell, John Braid, or any aucht of them, to present to the Lords of the Articles of the Parliament, such heads, articles, and supplicationes as are gine to them be the Kirk. The Kirk ordaynit Mr Androw Melville to produce his witnesses in his accusatione against Mr Robert Montgomrie, qwho instantly producitMrRobert Darroch, minister of Drnme, Mrs David Weymes, John Craige, Patrick Adamsone, John Hovvstone, John Wright, Thomas Buchanane, and James Carmichael. All thir witnesses being sworne and admittit, The Kiik, notthelesse, that the said Mr Robert sould not think him defiaudit of any lawfull defence in his absence, reservit any objectione he hes against the persones of the saids witnesses, in caice he come upon Munday at ten houres; and ordaynit the said Mr Robert, because of his departing off this towne, to be instantly examinat be David Fargyson, William Chrystesone, Mr James Balfour, the Lairds of Fawdonesydc and Carletowne, Mr Paul Fraser, or any thrie of them ; and his depo- sition to be put in wreit, and reportit to the Assemblie ; and as to farther probatione, if the said Mr Andrew will take any uther tyme, ordaynit him to warne Mr Robert therto. Sessio 21. Anent the provlsione of the Kirk and St Androis of ane pas- tor, the Kirke hes thought it meit that the pryor and towne of St Androis nominat such ane of the brethren whom they have best lyking of, to serve the cure, and to propone hira unto the ministers of the King's house, the ministers of Edinburgh, Mrs David Lindsay, John Braid, Mr Adam Johnstone, David Fargysone, Mr Andrew Melvili, W^illiam Chrystesone, the Lairds of Braid, Pilrige, Col- Ivvchie, and Lundie, to whom, or any aucht of them, the Kirk gives comraissione to give assent in their name thereto, and to place him there, provyding they find no lawfull impediment that may stay 234 BOOKE OF THE UNIVERSALL [1581. their placing there, or that they be not ane of the coUedges qwhome the Kirk exeims, for eonsiderationes, therefrom : And sicklyke, that with their advyce, the minister presentit may be sufficiently pro- vydit, as also his kirk qwhairfrom he is taken be also staikit. Sessio 22. Ordaj'nes ane supplication to be made to the King's Majestieand Lords of the Articles, that no acts be past in Parliament repugnant to the trew word of God, and namely concerning bischops, with scharp admonitiones therein, to be penuit be Mrs Thomas Sme- towne and Andrew Melvill, and the samen to be presentit with the articles the raorne, at aucht houres, be Mrs James Lawsone, David Lyndsay, Andrew Melvill, Andrew Hay, Thomas Smetowne, and Johne Braid. Sessio 23- The Assemblie giues full power and commissione to the presby- trie of Striviling to suminond Mr Robert Montgonirie, minister there, before them, and to try and examine his lyfe and conversa- tione; and accusatione, to be gine in thereanent, with all possible diligence; and what they find therein, to report to the next Syno- dall Assemblie of Lawthiane, to qwhom the Assemblie gives power to proceed against him, according to the tryall of process deducit before the said presbyterie, under the pain of disobedience : Sick- lyke, charges the said Mr Robert to continew in the ministrie of the kirk of Striveling, and not to medle with any ulher office or functione in the Kirk, namely, in aspireingto thebischoprick of Glas- gow, against the word of God and acts of the Kirk, or to vex any of his brether with his admissione thereto, under the paine of ex- conimunicatione to be led against him : whereunto if he disobey, as after tryall taken of his disobedience be the said Presbytrie, the sentence of excommunicatione to be execute be them, with advyce and concurrence of John Durie, David Fargysone, John Duncan- sone, and John Dykis, and this charge to be intimat be the Mode- rator of the Assemblie to the said Mr Robert, that he pretend no ignorance thereof. Tlie Articles and Supplicatione to be presentit to the King's Majestieand Lords of Articles, were read and allowit; the tenor whereof is not sett downe in the oriijinall. 1582.'] KIRK OF SCOTLAND. 235 [FORTY-FIFTH GENERAL ASSEMBLY.] The Generall Assembly, conveint at St Androis, in the New CoUedge Schools, the 24 of Apryle 1582, where there was present the Commissioners. Sessio. Exhortatione made be Mr John Craige. Leitts, Mr Andrew Melvill, David Lyndsay, and David Fargysone : The said Mr Andrew, be plurality of votis, was chosen Moderator hac vice ; at qvvhais desyre Mrs John Craige, James Lawsone, Andrew Hay, David Lyndsay, Robert Pont, Thomas Smetowne, Andrew Pol- wart, Thomas Buchanane, Patrick Adamsone, my Lord Rector, the Lairds of Lundie, Merchinstoune, Braid, Pilrige, Elphinstoune, Patrick Kynnynthmond, and John Johnstoune, Commissioners of Edinburgh, were nominat Assessors. Sessio 2. Anent Falkland Presbytrie being at thrie ministers, qwhairof ane was fund sclanderous ; it was answerit, that the brethren could establish no Elderschip there, bot they thocht meitest, qwhill God increased the number of preachers there, that their resort sould be to St Androis, if the Assembly thought it expedient. The Assembly ordaynes these of Falkland, be-east Levine, to re- sort to St Androis ; and these be-west to Dumfermling, unto the tyme it please God to giue commoditie of ministers and elders, that they may have their awne Elderschip. It was reportit to the Assemblie, that ane Elderschip is bcgune already in St Androis, of pastors and teachers, but not of these that hes the cure of teaching. Sessio 3. Forsuameikle as, notwithstanding of many diverse godly acts and proclamations sett out be tlie King's Majestie, as acts and con- stitutiones made be tiie Kirk against Papists resorting within this countrie from beyond sea; yet, from tyme to tyme, there arryvis syndrie professing plain papistiie, be moyen of the maisters and 236 BOOKE OF THE UNIVERSALL [1582. owners of schips receiving them in their vessels, and transporting tliem in tliir pairts, ntiknawne either to magistrate or Kiik ; wlier- throngh no just tryall could be had of them: For remeid tliereof th.e haill Kirk hes votit and thoc'it meit, that in tynie cumiiig, all masters and awiiers of schips arryving williin \vl.atsiim(?ver port of this realme, strangers and passengers shall, immediately after their arryvall, present their names to the Magistrate and Sessione of the Kirk of tlie townes and ports where they arryve, to the effect that the knawledge may be iiad if they haue inbrocht any papists, under the paine of excommunicatione and censures of tlie Kiik to be exe- cute against them ; and this Act to be pul)liekly intimat to the ministers of the saids townes and ports, — to tlie effect that no igno- rance be pretendit heirr.f; and suclilyke, supplicatione to be made to the magistrates of the saids townes and ports, tiiat tiioy will giue charge and commandment to all masters and owners of schips with- in Iheir bounds, to receiue no papists within their schips, to trans- port to this countre : and in caice any be receivit, to present thfir names immediatly after their arryvall unto the said Magistrates and Kirk, tiiat order may be taken with them, under such strait paines and acts as they can best devyse; as they will declare themselves zealous of God's glory, and promoters of the word of his Sone Jesus Christ. Sessio 4. The Kirk ordayns the Elderschip of Dumfermling to call before them, Robert Aytowne of Inchbervy, to giue confessione of his faith ; and if he refuises, to proceed against him conforme to the King's proclamation and acts of tlie Kirk. Forsuameikle as the Kirk understands, that there is certaine pa- pists in Camphier, that not only troubles the congregatione of the Scottishe natione, but also the Fleymingis, and will not submitt themselves to the censures of the Kiik, be reasone of their al- leadged priviledges: heirfore the haill Kirk of Scotland, in ane voyce, gives their full power and commissione to the minister of Campliier, to proceid against them, as they ought to doe therein themselves; requestand also the Conservator to iiold hand unto the Kirk, that order may be had against them. 1582.] KIRK OF SCOTLAND. 237 Sessio 5. Mr Mark Kar, my Lord of Requests, presentit ane letter to the Assemblie t'roiii his Majestie, the substance whairof is conteiiiit in the Articles after following. Articles from his Majestie. 1. Qwhither think ye that all benefices under Prelacies, newlie provydit since the King's corronatione, sould pay any thrid, or no thrid ? 2. IP some sould pay thrids, and some nane, what shall be the difference ? 3. Should not all benefices presentit to Ministers and Readers be- fore the first day of November 1581, be allowit in their year's sti- pends from tlie same day of the first day of November 1582; and if ye think tliat there shall be any difference be reasone of tiie annat or utherwayes, tliat ye declare it ? 4. Should not all persones presentit and admittit to benefices in this tyme, be placed in the book of Modificatione, as Ministers or Readers, the kirks belangand to the same benefices? 5. Audit such, being ministers, as lies sufiScient ecclesiasticall livings of their awne, be reasone of benefices qwhairunto lliey are provydit for their lifetynie-;, take stipends to serve at uther kirks? 6. Think ye it not convenient, that the Reports answering to the King's Majestie's Ittter, send over all the realme this last summer, shall be sein and considerit at this tyme, for the better understand- ing of the estates of the kiiks, and to see how many of the same re- ports are in your awne hands, for so many as the Clerk of Register hes shall be readie and patent ? 7. That ye latt us wnderstand what ye haue thocht meit and concludit, aneut the Readers in generall, and speciallie Readers that are presentit to viccarages for their lyfetymes ? 8. Tiiink ye it reasone, that any presentit to the title of a bene- fice, and serving as minister and reader at the only kirk belong'ng to the same benefice, shall haue any manner of allowance or stipend nor tlie rent of t lie selfe same benefice? 9. What think ye most readie and possible to sustaine the col- iedge kirks ? 10. To qwhom think" ye the King's Majestie and the lawit pa- trones sould direct the presentationes for admitting qualifiet per- 238 BOOKE OF THE UXIVERSALL "15S2. sones to such benefices as shall happen to raike, be the deceiss of the present possessors of them, and that ve will name the persones in spectall? 11. Seeing the dearth of victualls maks great inequalitie of sti- pends, some havein^ victuall allowit for ane mark, or xx. shilling, and uthers of that silver assignir to them, constraint to bay at 5 or 6, or sumtvmes 7 merks the boll ; were it not agrieable to eqaitie that all ministers had their proportionall part of victuall and money, or else that the victuall scald be sauld or allowit at the hyest pryce, qwherthrough ^uch as hes small stipends may be the better augmented ? Answers to the Articles. 1, 2. To the first Jind second : before they be speciallie answerit, it is thocht meitest, that there be ane forme of assignatione made be some to be appoyntit thereto, betwixt and the next Assemblie, to all kirks and ministers that are llcklie to stand and continow, re- spectand the answers and advyce sent out of everie countrie, and as if tiie present possessors were dead ; and that chairges be direct to such as hes not sent their answer, to send them with expedition e. 3. It is thocht meitest that the intrant to any benefice shall en- ter and serve the cure of the kirk thereof, at the next first day of November, afVer his admission at the next Whitsonday. and shall have no farder stipend for this year, but the taxt or superplus, as it falls ; because his executors will fall alse meikle at his deceiss, ac- cording to the ancient order of the annatt : and that diligence be done to gett rowis of all benefices taxt ; and qwhatever bene- fices are not taxed, the rents thereof the first year to be devydit equallie betwixt the executors of the defunct and the intrant ; qwhUk intrant shall only have the half fruits of the year of intran- tie, and sickly ke of the stipends. 4. We think nane sould be placit in the book of modificatione but worthie and qualified persones ; and if any be presentit or ad- mittit to benefices since the King's coronatione, that are unworthie or unable to discharge their dewtie, that they be callit and depryrit, be such order as shall heiraiter be condescendic upon. 5. For the generaU, we think that such being ministers, as hes sufficient livings of their awne, be reasone of benefices qwhereunto they are provydit for their lyfetymes, sould not take stipends to serve at ather kirks, without great necessitie seen and allowit be 1582.] KIRK OF SCOTLAND. 239 the General Assemblie ; and upon the speciall knawledge of the persones that are not able in this head, order shall be taken to re- fbrme them as appertayneth. 6. We think this thing most necessar and agr'.eable to that qwhilk is appoyntit in the answer to the first and secund articles. 7. This article shall be speciallie answerit, how soon it may be advysed be the Generall x'^ssemblie. 8. Upon the sicht of the forme of the particular assignation to be made, and what particular causes shall fall under this rule, We shall give our speciall answer heirunto, qwhilk is concludit, and will de- pend upon the answer to be made to the first and second articles. 9. We cannot but think it reasonable, that the Colledge Kirks be alse Weill provydit of ane minister as wther kirks; and thinks, that in making new assignationes for the next year, the ministers of the Kirks of the CoUedges, sould be assigned for his stipend upon the fruits of the same kirks, alseweill being assignit to the help of the Colledge wtherwayes, or then the Colledge to haue the rents of the kirks as before, and the minister to haue his assignatione uther- wayes. 10. The presentation to be directit to the Commissioners of the Kirk within whais bounds the benefices lyes. 11. This matter is weightie, and touches manie, and cannot be well answerit be us, without the advyce of the Assemblie, to qwham it shall be proponit, and thereafter resolute answer given. As the examination and admission of Ministers within this realms is, be act of Parliament, ordaynit to be in the power of the kirk, now openly and publickly professt within this realme, so it is thocht, that the deprivatione of ministers is in the power of the same kirk, and them that admitts and examinats them, ministers. Towards the deprivatione of Bischops admittit since the King's coronatione: it is thocht meit that the same be lykewyse in the power of the Kirk, and them that examinats, elects, and admitts Bischops, and the same deprivatione alseweell to extend from this functione of the ministrie as from the benefice itself and fruits thereof, qwhairthrough the same may be declaired vacand, and to be presentit and conferrit of new, as if he were naturallie dead. Causes of deprivatione we take it to be — heresie, papistrie, com- mon blasphemie, perjurie, adulterie, fornicatione, incest, slauchter, theft, common oppression, conunon drunkenness, wsurie against the lawes of the realme, nonresidence and absence from his flock and 240 BOOKE OF THE UNIVERSALL [1582, office be the space of fourtie dayes together in ane year, without. lawfull impediment allowit be the General! Assemblie ; pliiralitie of btnefices provydit sen the King's coronatione, to be cause of depri- vatione from them all except ane, that the possessors will astrict themselves to make residence at the same; dilapidatione of the rents of benefices contrare the act of Parliament ; simonie : For the forme of deprivatione, ane lybelllt precept on fourtie dayes warning within the realme, and within sixty dayes being without the realme, to be direct to the Kitk and such Commissioners there- of, as elects and admitts the persone complaint on — summonding him to compeir and answer upon the complaint ; and, in caice of his absence at the first summonds, the second to be directit upon the lyke warnyiig, with certification if he failzie, the lybell shall be admittit to probation, and he shall be haden pro confesso. Efter the decreit gine, if the persone against qwham it is gine think him- selfe wrangouslie grevit thereby, it shall be leisum to him to inter- pone appellatione to the next Generall Assembly, and intimat the same witliin ten dayes, utherwayes the decreit to receive present executione. Sessio 6. Anent the questione moveit to the Assembly, If the Generall Kirk hes power to revoke whatsoever things done be them, or any particular member of the same, to the hurt and prejudice of the Kirk, or not? Tiie brethren, after reasonyng and disputting in the matter, at lenth votit affirmative in the questione — that the Kirk hes power to doe the same. Aneiit the summonds raisit, to this day, by the Elderschip of Striviling against Mr Robert Montgomrie, minister ther of sum- tyme, to heir the sentence oF suspensione gine in against him from the ministrie allowit be the Generall Assembly ; and farder to the clause concernyng his life, manners, and doctrine, and uther things qwhilks the said Assembly sould lay to his charge ; as the sum- monds at length bearo: Tiie said Mr Robert being present, and requyiit to answer Iieirto, before all protestit, that if the Kirk pro- ceeded in any thing against him, or ciiarge iiim without warrand of the word of God, for remead and answering to the summonds, albeit the Generall Kirk sould not allow any thing deduced in the said proces ; because he was never lawfuUie summoned thereto, 1582.] KIRK OF SCOTLAND. 241 knew nothing thereof his suspension from the ministrie, but the only bruit, nor never was the samen intimat to hira, and in so farr as the proces being personall, intimation to liim of the said suspension, took instrument thereupon, and ofFerit to improve the samen in that poynt: With all the qwhilks alleadgences^ the Kirk and brether weell advysit, notwithstanding thereof, Finds the said proces, decreit and intiraatione thereof, ordourly deducit and proceidit, and the said suspensione well proceidit and gine ; reserving nottheless to the said Mr Robert, in the secund instance, to sute reductione and remeid, as appertayneth. Being farther accused of contraventioune of the said sentence of suspensione be preaching of the word, and ministratione of the sacraments afoir the intimation thereof, he granted the same, but pretended ignorance of the giving of the said sentence. Before farther reasonyng in this matter, my Lord of Requests presentit to the Kirk, a wryting sent from the King's Majestic unto them, to declare that his Majestie's will was, That the Kirk should not trouble the said Mr Robert for any thing concernyng the bischop- rick, or that may result thereupon, or of any uther cause bygane, committit be him ; but that it might be handlit before his Grace : Qwhilk being reverently receavit and read in open AssemUie, the breither praisit God that movit the King's heart, to send his Com- mission to the Assemblie ; and as to the action present, with the assistance of God, such attendance sould be gine thereto for his Grace's request, that nothing sould be handlit belonging to the civill power, and nothing but uprichtlie, sincerly, and with the just judge- ment pronuncit against him, as they sould answer to God and his beines. Sessio 7. Hereafter ane plaine and lange discourse was made openly, of the haill diligence of the brether to qwhom Commissione was gine in the last Assemblie, concernyng the said Mr Robert, and the copies of the charges given to them at his instance, producit, declareing and bearing effectuouslie, witnessing of his knowledge of the said suspensioune, albeit he plainly protestit before God, he never knew of the raising of any of the said charges or executiones thereof; with the qwhilk discourse and confessione of the said Mr Robert, that he had preachit and adrainistrat the sacraments sen the said decreit of suspensione ; The Kirk being advysit, in ane voyce, after Q 242 BOOKE OF THE UNIVERSALL [1582. voting, fFand the said decreit and sentence violat be him, and super- ceidit to decerne upon the paine of the said contraventione, qwhill the niorne that the brether first conveining. The said Mr Robert demandit the answer of the haill Kirk, if they wald accuse him of any thing concerning the Bischoprick or any thing resulting tliereupone : 2dly, That lie might have the copy of the large discourse made verballie be the brethren, to the effect he might answer simply to every poynt thereof. Being removit out of the Assembly, within a little space thereafter compeirit John Burne, messenger, and be vertew of our Soveraigne Lord's Letters, delyvrit be the Lords of Secreit Councill, inhibit and dischargit the brethren of the Generall Assembly, the Moderator and his Assessors, from directing any citations against Mr Robert Mont- gomrie, as is therein contenit, wsing of excommunication, innova- tione, sclandering or troubling of him in his ministrie, for aspj'ring to the Bischoprick of Glasgow, or calling or persewing of his brei- ther for the same, or for any promise made be them thereanent, or any uther thing dependand thereupon, in tyme bygane, under the paine of rebellion, and putting of them to the home; certifyand them and they failzie, he wald denunce them our Soveraigne Lord's rebells, and put them to his heines home: of the qwliilk charge he delyverit instantly ane copie qwhilk he subscrived with his awne hand. The said Mr Robert being callit again, and being absent, the brether ordaynit Mr Thomas M'Kgill to warne him the morne. Anent the age of persones that shall hereafter enter in the mini- strie of the word : seeing that sundry lies been intrusit upon the Kirk, and presentit to benefices having cure, that be reasone of their young yeares and laick of experience and judgement, that cannot be able to discharge that high and sacred voeatione, qwherunto they are callit ; The Kirk of ane mynd hes votit and concludit, that in tyme cuming, naine be admittit to the functione of the ministrie, nor collationat, nor admittit to any benefice of cure, without they be of the age of twenty-fyve yeares, except such that for singular and rare qualities into them, shall be judgit be the Generall Assembly meit and worthie thereof. Sessio 8. Anent the ordinance made yesternight concerning the summond- ing of Mr Robert Montgorarie, to compeir before the Assembly this 1582.] KIRK OF SCOTLAND. 243 day at ten boures : the said Mr Robert being callit and not com- pearand, but be William Montgomrie his alleadgit procurator, qwha producit ane appellatione qwhereof the tenor heirafter will appear. Compearit Mr Robert M'Kgill, and declareit, that at command of the Assembly, he warnit him yesternight to compear at this houre, before the haill Kirk, personallie, in presence of Mrs Walter Hay, John Cowper, and Andrew Ker, and that he promised to corapeir personallie at the hour appoyntit, qwhilks the said brether and wit- nesses testified to be trew. Hereafter was certaine speciall and innorme crymes producit and read, qwhairof he was alleadgit to be guiltie. 1. Negligence and corruptione in doctrine, also dissollutione in lyfe, for the qwhilk he was suspendit; contraveining of the suspensione in Glasgow, Slri- velling, and in the King's owne chappell ; violating of his promise made to the Presbytrie of Striviling, that he sould remaine and wait upon his cure ; horrible lies in the face of the Assemblie, de- nying, with protestatione before God, the intimatione of the suspen- sion, and raiseing and executing the letters ; procureing of letters be sinister informatione for overthrowing the discipline of the Kirk ; usurping an uther man's flock, accompanied with armed men since the suspensione ; chairging of the haill Assemblie, under the payne of hornyng, to- stay with all proceiding against him with cxcommu- nicatione ; blasphemous railing against the bretiier and ministrie in pulpit, sen his suspensione, and of before ; and, in summa, manifest contempt of the ordinance of the Kirk, and stirring up of ane fear- full schisme betwixt certain of the nobilitie and the Kirk: Qwhilk being tryit, pairtlie be his awne confessione, pairtly be the proces deducit be the Generall Assembly halden last in Edinburgh, and be the procps deducit before the Elderschip of Striveling, and partly be the testimonie of good and godlie brethren of the Assemblie, were found all to have falline in his persone, and him to be culpable and guiltie thereof: for the qwhilks haynous, fowll, and most unworthie crymes, the Assemblie of the brether votit and concludit the said Robert, not only unworthie to serve in the office of the ministrie, but to be depryvit thereof perpetuallie, in all tyme curaing; and the sentence of excommunication to strick upon him, without he prevent the same be repentance. My Lord of Requests cravit of the Kirk, that the pronouncing of the said sentence sould be superseidit qwhill the King's Majestie 244 BOOKE OF THE UNIVERSALL [1582. were advertised. The Kirk heirto continouit to giue answer qwhill thair meeting at afternoone. Sessio 9> The letter written to the King's Majestie in name of the whole Kirk, being read, was thocht good to be delyverit to ray Lord of Requests; whereof the tenor follows: — Pleas your Majestie ; We have reeeavit your Grace's maist loving letter, direct to us by your Grace's Commissioner, Mr Mark Ker, Mr of Requests, and are compellit to burst cut most humble thanks to our God, qwho of his mercie hes gine us so godlie ane King, cairfuU and Weill willing that God be glorified, and his Kirk, within your Ma- jestie's realme, mentaint, as plainly be the articles be your Grace proponit : Qwhairunto, with all diligence, we begine to make an- swer, but in such shortness of tyme and great strait whereunto we are brought be certaine letters raisit at the instance of Mr Robert Montgomrie, we are altogether stayit in that and many uther god- lie actiones : ffor upon the 27th of this instant, the Assembly being occupied in quyet and modest reasonyng of grave and weighty matters, he causit ane officer of amies irreverently to enter, and, under the paine of hornyng, commanditthe haill Kirk from all pro- ceiding against him, for whatsoever cause or enormitie committit in these his wicked attempts ; a thing that was never heard nor seen since the world began ; whairof we man lament unto your Ma- jestie: And having no uther refuge under God, njost humblie cravis, that be thir extraordinary chairges direct against the word of God and lawes of your Grace's countrie, we be not constraint, either to betray the cause of God be beiring and winking at hor- rible crymes, manifest to all men in the persone of the said Mr Ro- bert, or else to be reput and accountit disobedient to your Majestie, in whais service we have been, are, and shall be ready to sched our bloods and spend our lyfis ; beseikand your Grace we may finde this grace and favour in your Majestie's sicht, to keep our con- science clean before God, and reserve our saules to him who hes gine us care of the saules of his inheritance. This most reasonable request we doubt not to obtaine of your Majestie, our particular reasons being heard and considerit, qwhilk we mynde, by God's grace, more largely to expone be certaine brether direct to your 1582.] KIRK OF SCOTLAND. 245 Maje.-5tie, both to this effect, and with a full answer to the forsaids articles. In the meane seasone, we beseik your Majestie, glue no credite to the sinister report and wrangous infonnatione of men, that, be such dealing, goes about to draw your Majestie's heart from your trew and faithfuU subjects, and be this unhappie schisme, to overthraw the Kirk of God within your Grace's countrey, and, for their awne particular gaines, banische Christ and his word, (whilk God of his infinite mercy forbid,) and preserve your Grace, body and saul, for ever From St Androis, the 28th of Apryle, 1582. As to the sentence to be gine against Mr Robert Montgomrie, and the enormities conteint in the acts preceiding, The Assemblie and brethrene present, after voteing in the said matter, depryvit the said Mr Robert from all functione of the ministrie in the Kirk of God, dureing tlie will of the Assemblie; and farder, decernit the sentence of fearfuU excommunlcatione to be pronouncit in face of the whole Assembly, be the voyce and mouth of the Moderator present, against him ; To the effect that his proud flesche, being cast in the hands of Satane, he may be winne againe, if it be pos- sible, to God ; and the said sentence to be intimate be euery par- ticular minister at his awne particular kirk, solemnlie in the first sermone to be made be them after their returning. The instant pronunciation of the said sentence, beand stayit be the Moderator qwhill Monday at nyne houres, be reasone of the compearance of the said Mr Robert, who reimncit the appellations interponit be his procurator in his natne, and be liimself before noone, from the sentence of the Kirk, and desyrit conferrence to be grantit to him of the mai^t godlie and learnit brether — qwhilk the Kirk grantit whill Monday at nyne houres, upon condition he re- mayned and wayted upon the doctrine and conferrence of the bre- ther, and made no novatione of new chairges against the Kirk ; who promised to attend upon the doctrine and conferrence of the brether the morne all day ; and as to novatione or new charge, he should use or purchase nane in the meantyrae, if the Kirk usit nane against him : And farder, the Assemblie ordayned prayers to be made the morne in the sermone for him, be them that occupyed the place for the tyme. Sessio 11. Anent the conferrence had yesternight with Mr Robert Mont- 246 BOOKE OF THE UNIVERSALL [1582. gomrie ; to the effect that the brethren might understand what fruit had followit thereof: — First, they demanded of him, in presence of God, to tell the simple trewth of the accusationes that was layit to his charge of before, qwho, after prayer to God to be mercifull to him, grantit and conPessit as after followes: — ffirst, He confest the command gine liim be the Reader of Striviling to desist from his office: 2. Grantit baptizing of bairnes begotten in fornicatione, but tooke cautione of the parents to satisfy the Kirk, but not in presence of the Elders and Sessione: 3. As to the circumcision of women, remembers not that ever he preached it : 4. Grants he made pro- mise to the Presbytrie of Striviling to await on his charge of the ministrie there, qwhilk he hes broken: 5. He confest that, upon the 20th day of Marche, he had mention made of his suspensione be the Presbytrie of Striviling, but he was not certaine thereof, for he could not haue the process of his suspensione : 6. Declareit that howbeit he knew the raising of many of the letters against the brei- ther, yet he keepit the ordinarie dyetts thereof: 7. Grants the usurpatione of Mr David Weymes' flock, qwhairin he confest that he had heavily offendit : 8. And sicklyke grants he hes heavilie offendit against God and his Kirk, be procureing and raiseing the charges against the Generall Assembly, and in accepting the Bischoprick of Glasgow, without advyce thereof. The said Assem- blie, in proceeding be this forme of doing qwhilk he hes used— ff(»r the qwhilk he submitts himself in the will of the brethrene, willing to abyde their judgement, and to obey and underly such injunc- tiones as they will ordayne therefore. And as to his simple meaning concernyng the estate of Bischops, and corruptione thereof; being requyrit openly, in the fear of God and uprightness of conscience, to declare the same, desyrit to con- ferr with Mrs James Lawsone, John Craige, Robert Pont, David Lyndsay, and the Laird of Culluchie, to the effect he might be farther resolvit, and give his simple meaning therein to the Kirk, qwherunto they agriet. Anent the protestationes made be the Presbytries of Edinburgh, Dalkeith, and Linlithgow, against the sentence gine be the King and Secret Councill in favor of Mr Robert Montgomrie, flndand them Judges to the saids Presbytries and Kirk, as the same beires ; The haill Kirk, after the reading of the same sentence and protes- tatione, in ane voyce, adheirit thereto, lykeas the said Mr Robert, for his part, allowit the same and adherit therunto. 1582.] KIRK OF SCOTLAND. 247 Sessio 12. In respect of many inconvenients and misorder fallen furth be the ambitiouiie, covetousness, and indirect dealing of syndrie who gang about to enter in the miiiistrie, and, being enterit, uses un- law full meanes to declyne all correctione and punischraent for their offences: The whole Assemblie, in ane voyce, hes votit and con- cludit, confbrme to the word of God and most godly acts of antient counsells, That no man pretendand to ecclesiasticall functione, office or benefice, be any absolute gift, eoUatione or admissione of civill magistrates or patrone, be letters of hornyng and qwhatso- evir utiier means then is establisclied be the word of God and acts of the generall Kirk, and hitherto orditiarly used wiihin the refbrn)it Kirk of Scotland ; and sicklyke that nane beand leceavit to ane ecclesiasticall office or benefice, seek any way be the civill power, to exeme and withdraw themselves from tlie jurisdictione of the Kirk, nor procure, obtayne, or use any letters or charges, ather be them- selves or any uthers in their name, or at their command or instance, to impare, hurt, or stay the said jurisdictione, discipline, correc- tione of manners, or punischment of their offences and enormities, nor to make any appelatione from the Generall Assemblie, to stope the discipline and order of ecclesiasticall policie and jurisdictione grantit be God's word to the office-bearers within the said Kirk, under the paine of excommunicatione, summarly and without any proces or admonitiones, to be pronoimcit be the judgements of the Elderschip, be Minister or Ministers, to be appoyntit be them there- to, how soon it is knawne that any one of the saids heids is trans- gressit ; and this act to be nowayes prejudiciall to the laic patrones and their presentationes, unto the tyrae the laws be reformit accord- ing to God's word. Anent the conferrence with Mr Robert Montgomrie : The said Mr Robert compeirand in face of the haill Assemblie, declared and promised before God, that he sould neither meddle nor attempt far- ther concernyiig the Bi^choprick of Glasgow, nor bruik, use, nor take upon him the same, or any office within the Kirk, by the ad- vyce and consent of the Generall Assembly of the Kirk; renouncand the letters and chairges gine be him againes Mr David Weymes, protesting that in this matter concernyng the Bischcprick of Glas- gow he meines no utherwayes nor the haill brelher does. Forsuameikleas the Sabbath day many wayes is prophaned to 248 BOOKE OF THE UNIVERSALL [1^2. the great dishonour of God, and speciallie be halding mercats alse- well in burgh as in landwart that day ; The Assembly of the Kirk injoynes straitly to every Elderscbip within their awne bounds, to take order therewith as they may, of the law of God, as they will schaw their zeall towards God and the Kirk. The Generall Assembly of the Kirk, in ane voyce, giues full power and commission to Mrs James Lawsone, John Craig, Robert Pont, David Lyndsay, John Braid, and John Durie, to pass to the King's Majestie, and schaw unto his Heines, That concernyng the Articles he sent be his Majestie's Master of Requests, to have been answerit be the Kirk, being so weightie and important, a pairt of them also appearand to be obscure and captious, they could not presently resolve thereupon : nottheless, for the better resolving thereof, they have ordained certaine brethren to conferr thereupone qwhill the next Generall Assemblie, quhilk they have appoyntit shorter to that effect : Farther, lamentablie to deplore unto his Grace, qwherin the jurisdictioune of the Kirk is and hes been heavi- lie hurt and prejudgit, and namely be the letters dischargeand the Presbytries to proceed against Mr Robert Montgomrie ; charges of horning used against the haill Kirk of Scotland, be the decreit and sentence of the Secret Counsell, finding them judges in the ac- tione of Mr Robert Montgomrie ; — missives sent to gentlemen to assist to the placeing of him in the pulpit of Glasgow, against the will of the Kirk ; — giving of benefices, p/eno jure., and of all Abba- cies in heritage : and, with all humilitie, dew reverence and gentle- ness that appertaynes, to exhort his Majestie to the reforming heir- of, and maintaining of the jurisdictione gine be God unto his Kirk, as also to giue admonitione unto the Duke's Grace, Earles of Ar- rane and Gowrie, in the premises, and what they doe herein, to re- port to the next Assemblie. Ordaynes the particular Elderschips to haue ane copie of the Articles sent be the King's Majestie, that they may be better re- solvit to giue advise by their answer thereto at the next Assembly, Anent the corruptione of burialls in the citie of St Androis ; the Kirk ordayns Mr Patrick Adamsone to put the commissioune gine to him in the last Assemblie thereanent, to dew executione in all poynts, after the tenor thereof, under the prine of disobedience. Ordaynes Mr Craig to lay an order for collecting the Acts of the Kirk, betwixt and the next Assemblie. The Assemblie nominats brethren in all pairts of the countrie 1582.] KIRK OF SCOTLAND. 249 for erecting of the Presbytries where the same as yet are not erectit. Articles to certaine doubts proponit concerning the Presbytries. 1. That the Moderator may continow from the Assemblie Sy- nodall to the next Synodall : his electione to be, be the particular Presbytrie. 2. That the number of such as are associat to the Elderschip for discipline and correctione of manners, that are not Pastors nor Doctors, who travelleth not in the word, be not in equall number with wthers, but fewer; the proportione as the necessitie of the Elderschip craves. 3. Conccrnyng such Elders as verses not in the word, thair resort to the Presbytrie shall be no farther straitit, but as the weightiness and occasione, upon intimatione and advertisement made be the Pastors and Doctors, shall requyre ; at qwhilk tyme they shall giue their godly concurrence — exhorting them alwayes that may com- modiously resort, to be present at all tymes. 4. Such of tiie ministrie as does not resort to the exercise and presbytry shall be subject to the penaltie arbitrall to be appoyntit at ilie discretioune of every particular presbyterie, the samen to be agriet upon be the subscriptioune of every minister thereof; and if any be found to disagrie thereto, to be complaint upon to the Ge- nerall Assemblie next to come, and the order qwhilk every presby- trie takes, to be sichtit, and thereof, a good order to be established for the haill. 5. It is thocht meit that the same day qwhilk is the day of the exercise, be in lyke manner the day of ecclesiasticall processes ; and if the brether thinks necessare for the haisty expeditione of the pro- cesses, that they may appoynt dayes, tymes, and places therefore, by the day of the exercise. 6. It is not thocht expedient that the Presbytrie be astrictit to direct their Moderator to the Assemblie, but libertie to chuse such as they think maist expedient for the comfort of the Kirk. 7. It is thocht meet tliat visitatione be exceptit e re nata, within the bounds of the Presbytrie, and the same not to be limitit to the Moderator, but to such ane or ma, as the Presbytiie shall direct, for the necessitie of the matter, according to the Kirk's policie. 8. The Clerk and Moderator shall subscryve, in grave matters, ane forme of proceeding in the name of the Elderschip ; and quhill 250 BOOKE OF THE UNIVERSAL! [1582. God provyde some better contributione in every particular Kirk of tlie Elderscliip for liis intertainment. 9. The minister oftlie paroclie shall cause execute the summonds concerning his paroche, and beare the burden of such things as shall be direct from the Presbytrie, or some deput be him, with- in his paroche. 10. Concernyng ane generall order of admissione to the office of Elders, referris it to the order usit at Edinburgh, qwhilk we ap- prove. 11. As for collatione of benefices, and designatione of manses and gleibs ; the Moderator of the Presbytrie where it is requisite, and for the satisfaction of the act of Parliament, that they have a speciall commission of the Kirk for that effect, qwhill it please God to move the King that the laws may be better reformit, provyding tlie Moderator doe nothing butt the advyce of the Presbyterie. 12. It is proponit to the Kirk qwhair there is no Presbytrie, nor cannot be gottin, qwliat order shall be of admissione, of collatione and designation of benefices. 13. As for the number of Kirks, how many shall be in every Presbytrie ? Referris to them that hes the Commissione to establisclie Presbyteries. 14. The forme of proces in vveightie matters to be in wreit, at the discretioune of particular Presb^lries, e re nata ; in uther things verball. 15. For any that will not receave office of Elderschip, and tra- vell not in the word, we may exhorte, but not compell. Sessio 14. Ordayns a general ffiist, to be keepit universallie, in all kirks of this realme, with doctrine and instructione of the people, to be- gin the first Sonday of Junij next to come, and to continow to the next Sonday hereafter, inclusive, useing in the meane tyme, exer- cise of doctrine, according to the accustomit order; and tlie King's Majestie to be certified be the Commissioners sent to him, and de- syrit to hald hand thereto be proclamations to be sent out to that effect. Causes — Universall conspiracies of the Papists, in all countries against Christianes for executione of the bloody Counsel! of Trent. 2. The oppression and thraldome of the Kirk of God. 3. Wasting of the rents thereof without remedie. 4. Falling from the former 1582.] KIRK OF SCOTLAND. 251 zeal. 5. Flocking home of Jesuits and Papists. 6. Manifest blood- shed, incest, adulteries, with stich horrible crymes defylling the land unpunisciied. 7. Tiie danger qwherin the King's Mnjestie stands throw evill companie resorting about him, be qwhani it is feared he may be coirupted in manners and religione, and universal! oppres- sione and contempt of t!ie poor. Ordaynis every Presbytrie within their awn bounds to try the ministers of the same, and if any offences beis found, to punische the same, according to the qualitie and estate of their crynies, betwixt and the next Generall Assembly of the Kirk. Anent persones desyrand to enter in the functione of the minis- trie : the Kirk ordaynes the particular Presbytries to try and exa- mine them; and such as they find qualified, to provide them to kirks. The nixt Assembly appoyntit at Edinburgh, the 24th of October nixt, except some necessar occasione interveine, be the advertise- ment of the Elderschip of Edinburgh, and the King's Ministers, qwhereby they may be brought together sooner. [FORTY-SIXTH GENERAL ASSEMBLY.] The Generall Assemblie of the Kirk conveint at Edinburgh, the 27 of June 1582; Qwhair there were present the Commissioners. Sessio. Exhortatione made be Mr Andrew Melvill, qwho was continowit Moderator unto the nixt Assemblie. Anent the lang discourse made be John Durie, of his calling be- fore the King's Majestic and Counsell, his answer, and haill proces used against him : as also a charge to him this day, be the King's letter, to remove off" the towne ; cravand in end the good advyce of the brether, qwhither he sould remove from his flock according to the ciiarge, or remaine according to his calling, being allwayes readie to follow tlieir determinatione, howsoever the brether thinks expedient to giue it: The Kirk direct David Fargysone and Mr Thomas Buchanane to the King's Majestic, to understand his mein- ing therin, and to crave at his heines, the performance of the pro- 252 BOOKE OF THE UXIYERSALL [1582. mise made to cprtaine breither coiicern\ng him ; as also to lament unto his Heines the case oftlieir bretlier of Glasijow, chargit to St Johnstoune, and to make sute for them to this effect : also ane mis- sive to be direct to Johne Duncansone to concurr earnestly with them. Sessio 2. Anent the desyre of the Commissioners direct from the Councill of Edinburgh to the Asserablie, craving their counsell anent the charge given to the Proveist, Baillies, and Councill of Edinbiirghe, for removeing of Johne Durie their minister: 1 he Kirk ordained Mrs James Lawsone, Thomas Smetowne, Andrew Hay, Kobert Pont, David Lyndsay, and John Craig, to concurr with such as the Counsell will deput, the morne to consult, conferre, and reasone concerning that matter. Sessio 3. Anent the information made be John Durie, that certain brether, direct from the Councill of the Towne, movit to hirn, as appears, of good affectione, lies desj'rit him, for avoyding of the danger that may fall upon his flock, to absent and withdraw himself a space off the towne privilie ; desj-rand him to understand the good judge- ment of the Kirk; protesting, for his awne opinione, that because his removeall maybe prejudiciall to the commone cause, and his privie departing appear an accepting of the voyce upon him wher- with he is unjustly cliargit ; that without their counsell herein, his awn deliberat mynde is, to abyde it with the hazard of his life: And farther, sieing that his doctrine qwhairof he was accusit in councill, in force and substance was justified at his own Presb\'trie, and be his awne session of Edinburgh, That the brether wald give him that testimoniall, that he hath travellit faithfully in his voca- tione, no fault being found with him in his doctrine, or imput to his lyfe ; as also, if it please God, that he be compellit to remove, that he may have liberty elsewhere to preache the Evangell, where it shall please God to give him the occasione of tyme and place for discharge of his awne conscience and calling: The brether, after good advj'ce and deliberatioune, in ane voyce thocht it not meit that he sould remove off the Towne privilie, but abyde the charge to be gine be the Proveist or Baillie to him ; and as to his doctrine, life, and conversatione, the haill Kirk acknow- 1582.] KIRK OF SCOTLAND. 253 ledget nothing In him but sound, trew, and wholesome doctrine, upright and honest in life and conversatione, giving him libertie in caice of his removal to preache the Evangell faithfully, where God shall offer the occasione, until the tyme it please him to restore him to the charge of his awne flock. The Kirk gives their full power and commissioune to Mrs Alex- ander Arbuthnott, Adam Johnstoune, and David Home, to pass to the Duke's Grace, to make informatione to him of the great sclan- der of Mr Robert Montgomrie in his societie, sen the tyme of the sentence of excommunication pronuncit against him ; to intimate unto him the said sentence with gentle and discreit persuasions; to schaw the danger thereof, and what thf acts of the Assemblie bes concludit against the receivers and niaintayners of excommunicat persones ; desyring him earnestly to remove him from his company, and to giue admonitione to him to that effect ; and in caice he con- tinow inobedient, that the Kirk will proceid against him according to their acts. Sessio 4. John Duncansone presentit ane letter from the King's Majestie concerning the Laird of Mynto, and certaine of the magistrates and citizens of Glasgow, desyrand, in eflPect, that matter to be handlit be- fore tiie Counsell, with credit to be gine to the bearer, quho utterit his credite and schew, That his Majestic continows, and sail con- stantly continow to the end, in the trew professions of the religione presently establischit within this realme ; and as to the action of Glasgow, upon supplicatione to be gine into the Counsell, such or- der shall be taken therwith as the Kirk shall be therwith satisfied. Anent the summonds produced against the said persons to hear tryall taine of the violence done be them against Mr John Howesone, and to hear them convict, excommunicat, and casten funh of the societie of the faithfuU, for the committing of the said hynous offence and sclander ; as the summonds dewlie execute and indorsate at lenth bears : — The saids persones all being callit, and nane com- pearand except John Grahame, quho denyit the contents thereof for his parte, — The saids summonds being given to probatione, and Mrs John Davidsone, John IIan)iltone, Andrew Knox, Patrick Wdlkingschaw, Thomas Jack, Richard Wright, Archibald Eglin- toune, and John Stodard, being sworne, recevit and admittii wit- nesses, the Kirk ordaynit them to be present the morne in the 254 BOOKE OF THE UNIVERSALL [1582. mornyng, before the Moderator and his Assessors, to depone in the said matter. Sessio 5. The brethren direct to the King's Majesty concerning John Duiie and the brethren of Glasgow, Reportit his Grace writing, in effect bearing, that at the coining of the said Duke's Grace, who had interes in that matter, cautioning the said John, upon suppli- catione to be gine in, consideratione sould be had thereof; and as to the brether of Glasgow, the action of qwhilk the Kirk hes in their hands against the Provest of Glasgow and his colleagues, be- ing superscedit, he wald dispenss with the brether of Glasgow, to the saxt day of July nixt to cum; as the letter at lenth bearis. Anent the proces deducit against the Provest of Glasgow and his colleagues, The Kirk ordayns Mrs James Melvill, John Porter- field, and Patrick Scharpe, to examine the remanent witnesses afiernoone, qwho are producit and unexaminat, and, in the meane- tyme, further proces to slay ; lykeas the saids witnesses war exa- minat at the tyme appoyntit be the saids breither. Sessio 6. Anent the actione layde against the Laird of Mynto, Provest of Glasgow, and his colleagues, The haill Kirk, after publick reading of the proces, and probatione used in the matter, and dew consi- deratione and examinatione thereof, being weill and ryply advysed therewith, Finds the cryme, as it is verified, proven and tryed be- fore them, to deserve to be punischit with excommunicatione; and, nottheless, at the King's Majestie's request, continewes the pro- nuncing of any sentence against them to the saxt of July nixt, qwhilk is the day of the conventione of the Nobilitie at Perth, qwhere hope is gine of repair: Givand, grantand, and committand also, full power and commissione to the Commissioners, direct be them unto the King's Majestic and Councell to the said conven- tione, in case they should not see remeid there put to the matter, betwixt the said day and the 24th of the said moneth, or sooner, at their discretione, to proceed and giue forth sentence in the said cause, and to appoynt severall persones to the executione thereof, as they will answer to the Kirk ; and ordaynis reporte lo be made of this continuatione unto the King's Majestie. Anent the place occupied be John Durie, ane of the ministers of 1582.] KIRK OF SCOTLAND. 255 Edinburgh, presently removit off the tonne, the Kirk present, inhi- bites and discharges the Kirk and Presbyterie of Edinburgh, to elect, choose, or admitt, in any vvayes, any minister in his place of the ministrie thereof; dischargeing also all ministers, or that as- pyres to tiie ministrie, to attempt the usurping or taking upon them of his charge and place thereof, except at the desyre of the ministers of Edinburgh, to relieve them, at all tymes, qwhill the Generall Assembly of the Kirk be farder advysit; and, in caice any shall be chosen and electit, the haill Kirk decerns the said electione and adniissione to be null and of nane effect. The Duke of Lennox answerit to the breither that was sent to him concernyng the mayntayning of Mr Robert Montgomrie, was first a interrogator, — Whither the King or the Kirk were superiors? And, thereafter, that he had command of the King to maintayne him, and of his Counsellors ; and, qwhill he were contramandit be him, he wald not remove him. The Kirk having considerit his answer, Ordaynes the brethren of the ministrie that gangs in commissione to Perth, as they sie occasione there, and tlie grieff not remedied, touching his main- taining of the said Mr Robert, To proceid and appoynt speciall itien, that sail proceed farther against him with the censures of the Kirk, according to the acts of the Generall Assemblie, to qwham the Kirk gives their full power to that effect. The Generall Assembly, in ane voyce, Gives their full power and conmiissione to the Right Honourable and their belovit brei- ther John Erskine of Dune, the ministers of the King's Majestie's houss, Mrs Robert Pont, James Lawsone, Thomas Smetoune, An- drew Hay, David Lyndsay, Andrew Polwart, Peter Blackurne, Patrick Galloway, William Chrystesone, David Fargysone, Andrew Melvill, Thomas Buchanan, John Braid, Patrick Gillespie, ,Tohn Purterfield, ministers, and Mr Andrew Melvill, to repare towards the King's Majestic and Councill to be conveint at Perth, the saxt day of July nixt, and there, with all dew obedience, reverence, and submissione, present to his Heines and Nobililie the sp; ciall greives of the Kirk, conceavit and gine to them in wreit ; and in their be- halfs, lament, deplore, and regraite the same unto his Majestic and Councill ; craving, in the name and fear of the Eternall God, the same and every ane of them to be repairit and redrest, to the glory of God, and wellfare of his Majestic, and comfort of his Kirk : And thereupon, if need be, with humilitie to conferr, informe, and 256 BOOKE OF THE UNIVERSALL [1582. reasone ; and qwhat herein beis done, to report to the nixt Assem- blie : — firme and stable haldand and for to hald whatsoever their brethren in the premisses righteously does. Sessio 7. The tenor of the Grieves of the Kirk, above specified : Unto your Majestie, humblie raeanes and schawes your Grace's faithful! and obedient subjects, ministers of God's word within your Grace's realme, conveint in the Generall Assemblie halden at Edinburgh, the 27th of Junii ; That whereupon the occasione of diverse great and evident dangers appearing to the haill Kirk of God and professors of his trew Religione in this countrie, finding the autlioritie of the Kirk abrogat, the censures thereof eontemnit, and violence usit against some of the brethren, without punisch- ment thereof, the lyke hes neither been seen in this realme, nor any uther where the truth of the Gospel hes been preachit and receavit ; and fearing least your Majestie, for lake of inforniatione, neglect in tyme to provide remedie for the inconvenients lykelie to insew thereupon, We conveint ourselves in the fear of God and your Heines obedience ; and after diligent consideratione of this present estate of the Kirk, and enormities fallen furth in the same, with commone consent thocht necessare our Commissioners to present and open to your Grace certain or chiefe and weightie grieves, without hastie redress qwhairof the Kirk of God and trew Religion cannot stand in this your Grace's countrie ; that your Majestie, be advyce of some Counsellors, is taught to take upon your Grace that spiritual power and authoritie qvvhilk properly belongis to Christ as only King and head of the Kirk, the ministrie and exe- cution thereof to such as bear office in the ecclesiasticall govern- ment of the same ; so that in your Grace's persone, some men preases to erect ane new Popedome, as though your Majestie could not be full King and head of this commonwealth, unless alse- well the spiritual! as temporal! sword be put in your hand — unless Christ be bereft of his authoritie, and the twa jurisdictions con- foundit, qwliilk God hes devydit, qwhilk directly tends to the wrack of all trew religione, as be the special! heads following is manifest : — 1. For benefices are gine be absolute power to unworthie per- sones intrustit in the office of the ministrie, without the Kirk's ad- Uiissione, directly against the laws of God and acts of Pailiament ; 1582.] KIRK OF SCOTLAND. 257 quhairthrowgh the Kirk's livings comes in profane men's hands and uthers, that sells their sauls, and makes schipwrack of conscience, for pleasure of men, and obtayning some worldly commoditie. 2. Elderscliips, Synodall and Generall Assemblies, are dischargit be letters of horning to proceed against manifest ofFendars, and to use the discipline of the Kirk, and censures thereof, according to God's word. 3. John Durie, be act of Counsell, is suspendit from preaching; and for this same cause is banisched from his flock. 4. Excommunicat persones, in contempt of God and his Kirk, are intertayned in chieff Lords' houses, namely, Mr Robert Montgoiu- rie, authorized and caused to preach, and brought to your Majes- tie's presence, qwhilk is a sore wound to the conscience of them that loves your Majestie, and knawes your Grace's up-bringing, and ane heavy sclander in all nationes professing the trew religione. 5. An act or delyverance of Counsell is made against the pro- ceedings of the ministrie with ane sclanderous narrative, sus- pending simpliciter, and disannulling the excommunicatione justly and ordourly pronuncit against Mr Robert Montgomrie, a rebelli- ous and obstinat oftendar and troublar of the Kirk of God, and open proclamations made according thereto. 6. Contempt of ministers, and dinging many doing their office, and speciallie the violent drawing of Mr John Howesone out of the judgement seate qwhair he was placeit Moderator of the presbytrie, — his cruell and outrageous handling, carrying to prisone lyke a thief, be the provest and baillies of Glasgow, and their complices ; and after complaint made, no order taken with the doers thereof, but contrariwise, maintaining of them, as if the same had been good service. 7. Displaceing of the minister of Glasgow out of his rowme, qwhilk, without reproache, he hes occupied thir many yeares, and convocation of the gentlemen of the countrie to that effect. 8. Violence used be ane of your Grace's awne guard to pull him out of the pulpit, the day of communione, in presence of the haill congregation, in tyme of sermone, and no fault found there- with. 9. Tlie officer of the Kirk was castin in prisone in your Grace's presence, and there keepit a lang tyme, for executione of letters direct against a particular sclanderous man. 10. Ministers and Masters of Colledges and Schoolis of Glasgow R 258 BOOKE OF THE UNIVERSALL [1582. in tyme of publick fast, were, be letters of horning, compellit to leave their flocks and schooles destitute, and sinsyne, from tyme to tyme, and place to place, have been delayit and continewit, there- by to consume them be exorbitant expenses, and to wrack the Kirk and Schools, qwhereof they beare rule and charge. 11. The schollars of Glasgow were invadit and their blood cruel- lie sched be the baillie and commontie, gatherit be sound of com- mone bell and straik of drume, and be certaine seditious men, inflammit to have slaine them all, and to have burnt the CoUedge ; and yet nothing done or said to the authors of that seditione. 12. Hands schaken with the bloodie raurtherers and persecutors of the people of God, be propynes receivit and gine. 13. The Duke's Grace oft tymes promised to reforme his house, and nothing done therein. 14. The laws made for maintainance of the trew religione and punisching the enemies thereof, are not put to executione ; so that all things go lowse, and worse like to ensew. Many uther things there be that crave present reformatione, quherewith, notwithstanding, we think not expedient to trouble your Majestic untill we see quhat order be taken with thir grievous complaints; beseikand your Majestic most humblie, for the lufe of God, quho hes placit your Majestic in this Royall Throne, and hitherto wonderfuliie defendit and mentainit your authoritie, cair- fullie to look upon thir matters as becomes the Leevtenant of God, and ane Christiane King ; and with advyce of them that feir God and tender your Grace's estate and quyetness of this commonweill so to redress the premisses, that first, Christ above all' be acknow- ledged, his Ministers, without feare or stope, sufferit to execute their office, — the course of the Gospel advancit, — and be the ex- ample of the worthie, punischment of them quho so licensiouslie have wrongit and injurit ministers and professors of God's word, that wthers heirafter be affrayit to interprize the lyke. The next Assembly was appoyntit to be at Edinburgh the 24th of October nixt to come, except that necessare and weightie causes interveine, be advertisement of the Elderschip of Edinburgh and Ministers of his Majestie's house. 1582.] KIRK OF SCOTLAND. 259 [FORTY-SEVENTH GENERAL ASSEMBLY.] The Generall Assemblie, conveint att Edinburghe, in the New Kirk thereof, the 9 of October 1582, qwhair there was conveint — Commissioners for the King, Mr John Hal- lyburtowne, and CoUonell Stewart, and Commissioners of Earles Bothwell, &c., Barrones in great number, and Mi- nisters, Sessio. Exhortation made be Mr Andrew Melville: Leitls, Mrs David Lyndsay, Thomas Smetoune, and David Fargysone. The said Mr David Lyndsay, be pluralitie of vottis, was nominat Moderator hac vice. Mrs Robert Pont, James Lawsone, Andrew Hay, Andrew Melvill, Thomas Smetone, David Fargysone, George Hay, John Duncansone, William Chrystesone, the Lairds of Lundie, Qwhit- tinghame, and Braid, at the desyre of the Moderator, were nominat Assessors. Sessio 2. The Kirk ordaynit the ministers of Edinburghe, in name of the haill Kirk, to desyre the King's Grace to send downe Commission- ers, authorised with his Heines commissione, to see the proceeding thair, and vote in his name ; qwho returnit answer that they should be satisfied the morne. Anent the commissioune to certaine brether to present to the King's Majestic and Counsell at Perth, the Grieves and Complaints of the haill Kirk, the executione qwhereof being requyrit, and the saids Grieves, with the answers thereto, being read and considered ; with commone advyce, it was thocht the saids Answers, not directly meeting the Articles, and therefore the samen, so far as is not satis- fied, to be yet insistit in, and to be gine in, with such other articles as are meit yet to be craveit ; the reforming qwhairof the brethren committit to Mrs Robert Pont, Thomas Smetoune, Andrew Poll- wart, and Andrew Melvill. Sessio 3. In presence of the haill Assemblie, compeirit Mr Jaraes Hally- 260 BOOKE OF tbE UNIVERSALL [1582. burtoune and Colonell William Stewart, and presentit the King's Majestie's Commissioune in write; the tennor qwhairof foUowis ; — We, be the tennor heirof, with advyce of the Lords of our Secret Counsell, gives and grants authoritie, full power and commissioune, to our richt trustie and weill beloved Mr James Hallyburtone, Pro- veist of Dundie, and Colonell William Stewart, conjunctlie and severallie, for ws and in our name, to pass to tlie Generall Assem- bly of the Kirk of our realme, and thair to hear and consider the matters proponed, tending to the advancement of God's glory and his trew rcligione, the correctione of manners and reteyning of ecclesiasticall matters in decent and civill ordour, as the word of God requyres and allows, and to report the matters proponit and intreatit to us for our allowance and ratificatione of the samen, as appertaynes ; and generally all and sj'ndrie uthers things to do that to the forderance of all godlie and good matters is necessarily re- quyrit, firme and stable : Subscryvit with our hand, at Halyrude- house, the 10th of October 1582, and of our reigne the l6th year. Sessio 4. The places where the Synodall Assemblies shall conveene shall be changeable from tyme to tyme, as the brether thereof shall finde meetest, that no ambitioune may grow be continowing the same in ane place. Sessio 5. Anent Bischops : Seeing the great sclander and offence ar'ysing to the Kirk be their impunitie and oversicht, being altogether out of rules, the Kirk hes thocht it expedient that the King's Majestie's Commissioners, my Lord Boyde and the Laird of Capringtoune, with the Assessors of the Moderator, conveene in Mr James Law- son's galrie, and advyse solidlie upon some substantious ordour. Sessio 6. The Assemblie ordayns James Montgumrie to make publick sa- tisfactione and repentance in the paroche kirk of Glasgow, for speak- ing with Mr Robert Montgomrie, after his excommunication devvlie intimat, in respect of his confessione, and to acknawledge his of- fence thair, promising in tyme cuming to abstaine from the lyke, 1582.] KIRK OF SCOTLAND. 261 under the paine of the censures of the Kirk ; and the same order to be keepit with all uther persones falling irf'the same offence. Sessio 7. Anent the informatione made to the Asserablie by my Lord Paislay, in name of the noblemen interprysers of the lait actioune, giveing the Kirk to understand that the grunds moving tiiem to that actione, simplie were, the danger they perceivit the Kirk of Scot- land and religion into — the evident perrill of the King's Majestie and his estate, and the confusione and misorder of the Commonweall ; whereof, as they doubt not to feell good testiraonie in their awne conscience, so wald they that the Assemblie sould schaw their good lyking of the same, and give ordinance to ilk minister, at his kirk, to lay out their good grund and actione to their flocks ; exhorting all noblemen and uthers qwhatsumever, fl\ithfullie to concurre with them in the said good cause, to the full prosecutione thereof: Qwhilk informatione being weill considerit be the Assemblie, it was thocht very meit and expedient, in particular, to inquire and voit of the saids perrills ; and every ane of them was seene and perceivit to haue been to the haill bretlier, qwhairof the information is made, and be full consent and vote of the haill Assemblie, declaratione was made, that the haill brethren understand the concurrance of all the saids dangers : — And to the effect the King's Majestie's mynde also may be gatherit, touching the same, directione was gine to Mrs James Lawsone, David Lyndsay, with the King's ministers, to passe to his Heines the morne afternoone, to reasone and conferr anent the saids dangers, and to open up the samen at lenth to his Majesty, and to report his answer thereanent. Sessio 8. Anent the conferrence of the brethren direct to the King's Majestie : Report was made be them unto the said Kirk, That his Heines had confest that there was ane perrell to the Religion with- in this realme, and indirect courses runn to the hurt thereof, qwhair- unto his awne perrell was joynit ; for he esteimit his standing to be joynit with the standing of religione : As also he acknowledgit syndrie abuses in the Commoneweall before the late interpryze of the Nobilitie, and that all good men shall concurr of dewtie to take away the danger from off the Kirk, his persone and estate, and to the reformatione of the Commonweall. 262 BOOKE OF THE UNIVERSALE [1582. Anent the twa last heads left unresolvit be the Noblemen un- dertakand the late reformatione ; The haill Kirk, in ane voyce, agreit therwith, and ordained ane speciall act to be concurred ther- upon, and to be put in forme be the clerk, Mrs Robert Pont and Thomas Smetoune, to be presentit againe to the Assemblie at after- noone, that they may understand and judge thereof if the samen agrles with the meaning of the brethrene. Sessio 9- Anent Bischops : Seeing the great sclander and offence to the whole Kirk of this realms, be their impunitie and oversicht, to the griefe of good men's consciences : The haill Assemblie hes gine and gives Commissione to particular presbytries under specifeit, with all possible and convenient diligence, to summond and call before them, every one of them as they be particularly divydit in manner following ; That is to saj', the Presbytrie of Perth, the Bischop of Morray ; the Presbytrie of Edinburgh, the Bischop of Aberdeene ; the Presbytrie of Mernes, the Biscliope of Brechine ; the Presbytrie of Dundie, the Bischope of Dunkeld ; the Presbytrie of Striveling, the Bischopes of Dumblane and Isles ; the Presbytrie of Glasgow, the Bischop of St Androis — to accuse them, and every ane of them, all or pairt as they are guiltie, viz. of non-preaching and ministra- tione of sacraments — of negligence of doctrine or discipline — haunting or frequenting of the company of excommunicat persons — wasting of the patrimonie of the Kirk — setting of tacks against the acts of the Kirk — giving collation of benefices against the saids acts — and finallie, for giving sclander any wayes in lyfe and conver- sation ; and after dew tryall, proces, and convictione, to put order to every ane of them according to the qualitie of their offences and acts of the Assemblie, betwixt and the meeting of the haill Kirk, as they will answer thereto. Sessio 10. Anent Colledges and Universities within this realme : It is con- siderit be the haill Assemblie to be maist expedient for the good and weillfare thereof, that certaine good men of meit qualities be imployit to take oversight thereof; and for that effect the Kirk hes gine commissione and power to their lovit and honourable breither afterwritten to concurre with such as the King's Majestic and Coun- sell directs with them in visitatione of the haill Colledges within 1582.] KIRK OF SCOTLAND. 263 this realme, as they be particularly under devydit, betwixt and the last day of November next to come, and to consider how the rents and livings of every ane of them are bestowit and imployit — how the doctrine is usit be the Masters and Regents — if the same be correspondent to the act of Parliament — how order and discipline is keepit amang the students and schollars ; and herein, as disorder and defectione is found, to take order therewith according to the act of Parliament : They are to say, Mrs George Hay, Peter Black- burne, William Chrystesone, Andrew Milvill, the Laird of Glen- bervy, to visit the Colledge of Aberdeene ; Mrs David Lyndsay, Robert Pont, Nicoll Dalgleische, Thomas Buchanan, the Lairds of Lundie and Culluchie, with Mr David Russell, Commissar Clark of St Androws, the Universitie thereof; Mrs James Lawsone, John Duncansone, Walter Balcanquall, John Porterfield, the Lairds of Keir and Greenock, with Adam Wallace, Bailie of Glasgow, the Colledge thereof; and what herein beis done be them, to reporte againe the next Assemblie. Sessio 11. Ordayns the King's Majestie's Advocat to be summoned to com- pear before the Assembly immediately, and to that effect from the Assemblie the officer of the Kirk being [sent], answer was returnit he was in Hermestoune ; and heirfore was ordaynit to be sum- moned be ane citatione to Wednesday to answer simply, if he was the former or dyttar of the sclanderous proclamatione sett out against the ministrie, and for opponing him to the lawfull proceed- ings of the Kirk — certifying him and he compeir not, they will proceed as appertayns. The act concerning the actione of the nobilitie being read to the Commissioners of Edinburgh, after advyseing therwith apairt, they votit and agreis thereto with the rest of the brethrene. Sessio 12. It is leisum for a minister, for a seasone, to superceid the ministrie and use the office of a Doctor : Therefore the Assemblie hes con- cludit and ordaynit Mr Thomas Buchanane to enter in the new Colledge, and use and exercise the office of a Doctor thair for the support of the samen, — his Kirk being alwayes provydit of a suf- ficient pastor, and the said Mr Thomas sufficientlie satisfyeit anent the promise made for expeditione of his pleis. 264 BOOKE OF THE UNIVERSALL [1582. The Earle Bothwell declarit in presence of the haill Assembly, that as lie protest the trew religione preachit within this realme be- fore his departing furth of the same, so sen his depairting, contin- wallie as yet continuit in the samen mynde to die and live therein by God's grace. Sessio 14. Anent the proces used against the Laird of Mynto : In respect of his conipeirance personally this day and yesterday, confessing his offence, and submissione of him to the Kirk ; The Assembly hes referrit the discipline and order to be wsed against him, for satisfy- ing of the said offence, to the judgement and discretione of the Presbytrie of Glasgow, and the same forme to be usit and observit be them with John Grahame, elder; and what herein beisproceedit, upon the pairt of the Presbytrie, and upon the pairt of the saids persons, to report to the nixt Assemblie. Sessio 15. The Assembly ordayns Archbald Hegget, John Grahame, younger, Hector Stewart, John Sprewle, elder, William Hegget, Robert Stewart of Nowbar, for their contumaceous absenting them from the Generall Assemblie, being diverse tymes summoned thereto, to have answereit for haunting and wsiug the company of Mr Robert Montgomrie, after his excommunication intimat to them, and uthers enormities done against the Kirk, dcspysing and contemning the voice thereof, To make their publick repentance in the Kirk of Glasgow, in presence of the congregatione thereof, after the forme to be prescryvit to them be the Presbytrie thereof, to qwham the Kirk committ^ the execution thereof. Anent the proces deducit against Coline Campbell, Malcolme Stewart, Hector Stewart, John Grahame, elder, Gavine Grahame, and Archbald Hegget, concerning the violence done to Mr Johne Howiesone in the judgement seat in Glasgow : The saids haill per- sones being cited to this Assembly except tlie said Walter Stewart, to have heard the sentence of the Kirk in the said matter, and nane compeirand except John Grahame, elder, with wham he has alreadie taken order, and Gavine Grahame ; The Assembly ordaynit the said Coline Campbell, Malcolm Stewart, Hector Stewart, Archbald Hegget, and Gavin Grahame, for their offence foresaid, to be ex- 1582.] KIRK OF SCOTLAND. 265 coiuniunicat publicklie in the Kirk of Glasgow be Mr David Weyraes, minister thereof, with advyce of the Presl^ytrie thereof. Sessio 16. Articles read and allowed by the Asserablie, as meit to be pro- ponit. 1. Seing the spiritual Jurisdiction and Government of the Kirk is granted be God the Father, throw our Mediator Jesus Christ, and gine only to them that preaching, teaching, and ovei'- sieing, bear office within the same, to be exercised not be the injunctions of men, but be the only rule of God's word ; That the act of Parliament, concernyng the libertie and jurisdiction of the Kirk, be so plainly declareit and enlargeit, that hereafter nane uther of qvvhatsuraever degree, or under qwhatsoever pretence, have any collour to ascryve or take upon them any part thereof, either in placeingor displaceing of ministers of God's word, in spirituall livings or offices, without the Kirk's admissione, or in stoping the mouthes of preachers, or putting them to silence, or taking upon them the judgement in triad of doctrine, or in hindering, staying, or disannulling the censures of the Kirk, or exeiming any offender therefrae. 2. That the Presbytries, consisting of doctors, pastors, and such as are commonly callit elders, now according to God's word and the King's Majestie's direction, appoyntit in diverse parts of tlie realme for discipline, order keeping, and judgement keeping, in ecclesiasti- eall affaires, be approvit, establischit be authoritie, and paynes pre- scryvit to them that publickly oppones themselues. 3. That the Synodall Assemblie, consisting of diverse presby- tries, and Generall or Nationall consisting of the haill, be approvit, and be virtue of acts of Counsell, presently and hereafter haue power to conveine so oft as occasione shall requyre, to advyse, in- treat, conclude, make ordinances in such things as concerns the will of the Kirk, and their charge in doctrine and discipline, with liber- tie to appoynt times and places for that effect. 4. That Presbytries, or such as they will direct of their awne number, have the same power in designatione of manses and gleibs and reparatione of the kirks, that the Bischops, Superinteudants, or Visitors had before. 5. That every Kirk have the awne severall pastor, to be sustainit 266 BOOKE OF THE UNIVERSALL [1582. upon the teynds of the parochine qwhair he serves, and to that end that the manses or kirks annexit to great benefices or prelacies be dissolvit, pensiones gine out of the thrids and tacks sett of the same, be the collectors or possessors having the thrids in their awne hands, be revockit. 6. That of the temporall lands of every Abbacie, Priorie, Bisch- oprick, Minstrie, &c. so meikle be applyit to the schools as may sufRcientlie maintaine ane sufficient number of Masters anqL Bursars, according as the liveing may bear, in place of Channons, Monks, Nuns, and uthers idle-bellies; the ane to teache and the uther to passe their course alsevveill in Philosophic in all Universities as in Tlieologie, according to the act of Parliament made in the funda- tione of the New CoUedge of St Androis, that the kirks may be ance plantit with sufficient learnit men. 7. Tiiat provisioune may be, how commone affaires of every Presbytrie may be borne, such as visitators, commissioners direct be tliem for sundrie occasiounes, scribes' executione of their sum- monds, decreits, &c. Quhilk to our judgement sould be sustained be the Bischops rents. 8. That the Kirk be restorit to the thrids, according to the act of Parliament and contract made be the Earle of Mortoune ; because we have found ourselves grievously hurt be the giving them out of our owne hands. 9. That the presentation of benefices be direct to Presbytries where the benefices lyis, that be them, after dew tryall, the quali- fied persons may be admittit. 10. That no presentatione be gine to any man with ane blank therewith for their filthie gried to gang through the countrie mak- ing schamfuU merchandice, and sieking who will oflTer maist, or re- ceive least : But that such chiefly be regardit as be the Presb3'tries or Universities shall be recommendit to the King's Majestic or Laick Patrone. 11. That it be inactit that Ministers who, through age or sick- ness, or uther accident, become unable to execute their office, may bruick their livings dureing their lyfis, and provisione made how the kirk in the meantyme will be served. 12. That such Ministers who are deposed or excomraunicat in an}' time, their benefices, stipends, or ecclesiasticall livings quhat- somever to vaike, and uther qualified men provydit thereto. 13. That such as are knawne to be Papists, and notwithstanding 1582,] KIRK OF SCOTLAND. 267 their aiths, liandwreits, and outward obedience, are tryit to have returnit to their vomit and made apostasie, wayting still the tyme and occasione to cut the throats of the godly, may be punisehit as traytors to God and our Soveraigne, be banischment or uther- wayes. 14. That no service, freandschip, or league be, made with Papists in France, Italic, nor Spaine, or uther countries, be commone or particular consent. 15. That the lyke law be made for defence and preservatione of the preachers of the blessed Evangell againes violence and oppres- sione as is grantit in favours of the Lords of Sessione. 16. That remedie be found how speciall livings and teinds trans- ferrit in temporall lordships may be restorit againe, for sustenta- tione of ministers, poore, and schooles. 17- The Colledge Kirks qwhilks are destitute of ministers, be reason of the thrids gine in the Colledge hands, may be provydit with sufficient stipends out of the thrids, conforrae to the act of Parliament made thereanent. 18. That buriall in paroche kirks, be act be dischargit, and ane speciall punischment appoyntit for transgressors. 19- That the diminutione of the rentall be ane sufficient cause of reductione of tacks and fewis, and that diminutione be comptit alseweell the impareing of silver rentall de liquido in liquidum, as conversion of victuall in small pryces, that is, under such reason- able pryces as victuall giues for the tyme. 20. That every beneficed man find cautione, at his entr}', to re- compence what hurt soever he does to the benefice. 21. That it be leisum for no beneficed man, prelate or uther, to sett any tacks or fewis hereafter, and that they be bund to re- paire qwhatsoever hurt they haue done to their livings against the lawes. 22. That it be declareit qwhat tacks or fewis are lawfull, and that two or three nyneteine yeares or lyferent tacks, made against all law and conscience, be annullit and declareit of nane effect. Certaine Articles presentit be the Generall Assemblie, and maist humblie cravit of the King's Majestic and Coun- cill, fFor redress of the manifold inorniities fallen furth, to the wreake of Kirk and Coramon-weall. 1. That the sclanderous proclamatioune gine furth at Perth, the 268 BOOKE OF THE UNIVERSALL [1582. 12 of July, and publisched in all townes, and paroche kirks, and to the perpetuall infainie of God's servants imprintit, may be perused and diligently considerit, to try if any minister be culpable of such odious crymes, as therein are layit to their chairges ; and in case they be fund culpable, to punische them with a rigour of law, uther- wayes, that the givers out of such blasphemous reports, and devys- ers and dyters of that infamous lybell be punischit accordingly ; and that, be act of Councill and open proclamation, the ministrie be de- clarit innocent of such wicked and haynous crymes. 2. That the unaccustomit violence wsed against Mr John Hovvie- sone, drawing him out of the Justice seate of the Presbyterie, dinging, and casting him in prisone, and agaynes Mr David Weyraes, minister of Glasgow, be sua punischit, that nane hereafter be bald to attempt the lyke. 3. That Coline Campbell, William Hegget, Archibald Hegget, and their complices, be punisched according to justice, for the sedi- tion and uproare made be them, being Magistrates and Coun- sellors, against the students of Glasgow, and schedding of their blood. 4. That the proclamatione lately made for the libertie of the Assemblies may be inlargit, and more plainly sett furth. 5. That your Lordships will giue the King's Majestic to under- stand, how wicked instruments they were that persuadit his Grace to allow and take upon himselfe, all the mischiefs and ungodly pro- ceedings, whereat the Kirk, his Grace and countrie, were brought to such miserie and danger. 6. That all acts of Councill made against Presbytries and As- semblies, chargeing them to desist from proceeding in discipline and ecclesiasticall censures against sclanderous persones, be an- nullit and delaitit out of the books : Lykewayes, that the act made against John Durie be delaitit. 7. That his Majestic and Lords will wey what great inconve- nients and absurdities falls furth upon the act of Councill made concerning the absolute power; and for renioveing thereof, to dilaite the samen, never to be remembrit hereafter. 8. That his Grace and Lords provyde and cairfuUie foirsee, that be the wicked practice of dimissione or associalione of authoritie, the Kirk, King's Majestic, and Countrie, be not hurt, and that the same be stay it in tynie. 9. That the stipend appoyntit for the minister of Strivilling, and 1582.] KIRK OF SCOTLAND. 269 now wickedly purchased be Mr Robert Montgomrle to his young sone, be restorit againe, for sustentatione of ane qualified man to teache that flock, qwhilk be his ungodlie dealing and apostacie hes been so long destitute. 10. That it will please your Majestie and Lords to haue pitie and compassion upon that noble and godly man, James Hamiltone, Earle of Arrane, sometyme a noble and comfortable instrument in reforming the Kirk of God, and now visite be the hand of God, and under pretence of law, bereft. 11. That Commissioners be deput in every part, for visitation of the CoUedges, betwixt and the last of November. The Generall Assembly gives their full power and Commissione to Mrs George Hay, Andrew Myllne, James Balfoure, William Chrystesone, Pa- trick Gallaway, Andrew Melvill, David Fargysone, Thomas Bu- chanan, Patrick Gillespie, James Lawsone, David Lyndsay, Robert Pont, Andrew Hay, Thomas Smetowne, John Young, Andrew PoUwart, Andrew Clayhills, John Knox, Patrick Gates, and Peter Watsone, with the King's. Majestie's Ministers, to pass unto the King's Heines, his noble Counsell and Estates presently assemblit at Halyrudehouse, and to his Heines' Parliament, when the samen shall hapin to be halden, to present the Grieves of the Kirk, crave answer, reasone, and report to the next Assemblie. Sessio 17- Anent the matter depending againes the King's Majestie's Advo- cat : His Lordship being present, advysit the Assemblie to consider wyslie if they allowit the forme of proceedings against him, being an officer to his master the King's Majestie, callit his awne, upon the alleadgit forming of ane proclamatione gine out in the King's name, under the title of a Declaration, and concludit be authoritie of his Councill — And as they shall finde be their wisdome, he wald not contemptuouslie refuse to answer to every point to lay to his charge : With the qwhilk desyre the breither being advysit, fFand, that in respect of the sclander castine be his persone, he may and sould be callit simplie to giue his declaratione for removing thereof; qwhairvvith he being content, plainly and openly taking the name of God to be his witness, declareit, he neither invcntit, pennit, nor formyt the said proclamatione, but at the desyre of the Duke's Grace, translatit the last pairt thereof in Scotts concerning his de- claration, qwhilk was in French; and farther, did nothing in the liaill 270 BOOKE OF THE UNIVERSALL [1583. proclaraatione. As to the remanent heids, they were answerit summarly, and the brethren appearandly satisfyit. Sessio 19. The brethren appoyntit to present the Articles to the Convention of Estates and Parliament, reportit, That the Lords cravit the ad- vyce of the Kirk, qulio sould sit in their names and vote in Coun- cill or Parliament — seeing they are upon the order taking of a Counsell, consisting of three estates : fFor the better resolutione heirof, it was thoucht meit herin to understand the plaine raeining of this propositione at Lords' selves, and therefore the breither to be convenit there at afternoon, &c. Sessio 20. Anent the propositione made before noone concerning such as sould vote in Parliament or Counsell in name of the Kirk ; The matter being opponit be the Lords, their propositione was, qvvhither, if the Kirk will agree that some of the Bischops be upon the Coun- cill for the Kirk? Therefore the Assembly conveining themselues together, resolvit that they could not agrie that any sould vote in name of the Kirk, but they that beares office in the Kirk, and are authorized with commission of the Kirk, to vote and sit there ; and ordaynit their answer to be returnit to the Lords be Mrs George Gray and Thomas Biichanane immediately. The nixt Generall Assembly to be halden at Edinburgh the 24th of Apryle nixt to come, except some necessar occasione of sooner melting fall out be advertisement of the Presbytrie of Edinburgh. [FORTY-EIGHTH GENERAL ASSEMBLY.] The Generall Assemblie, conveint at Edinburgh, in the New Kirk, the 24 of Apryl 1583, qwhair there were present the Commissioners, &c. Sessio. Exhortation maid be John Braid, in place of Mr David Lyndsay, last Moderator, be reasons of the said Mr David's departing with the King's Majestie's ambassador. Leitts, Mrs Thomas Smetoune, 1583.] KIRK OF SCOTLAND. 271 David Fargysone, and John Braid : be pluralitie of votis, the said Mr Thomas was electit hac vice. The brether ordaynit the Moderator to concurre with Mrs James Lawsone, Robert Pont, David Lyndsay, Andrew Hay, Andrew Melvill, Andrew Polwart, Peter Blackburne, David Fargysone, and Alexander Arbuthnott, Assessors. Sessio 2. The Assembly ordayns Mrs John Craig, John Durie, and Alex- ander Hoome, to passe to the King's Majestie, and humbly desire his Grace to send Commissioners in his name to assist this Assem- blie, in treating and concluding in matters proponit ; and farther to desyre his Grace, seeing his embassador is departing to England, to give ane charge to him to travell, that ane unione and band may be made betwixt his Grace, her Majestie, and uther Christiane Princes and realmes professing the trew religione, for defence and protec- tion of the trew word of God, and professors thereof, against the persecutione of Papists and confederats joynod and united together, be the bloodie league of Trent ; — and also, that her Majestie will dis- burden their breither of England, of the yoke of ceremonies imposed to them against the libertie of the word, and upon thir three heads to reporte the answer againe. Sessio 3. Anent the summonds direct by the Synodall Assemblie of Fyfe againes Mr David Russel, baillie of St Androis, to hear ane sentence definitive pronuncit upon ane proces deduced before the Presbytrie heireof, against him, for ane sclanderous letter, publisched the 17 of March last, in presence of the congregatioue : The said Mr David being present, protesting first before God, he never meinit nor meins to doubt of the authoritie of the Kirk, made a discourse of the vaiking of the pulpit of St Androis, and of the receit of the wreit- ing from my Lord Marche, qwhilk was present in forme be him, and read in the kirk; qwherein he grants that there were thir words; — calumnious pretendit maner, — being discreitly considered, — sould not be found oiFensive ; allwayes he hes appealit to this Asseuiblie from this Presbytrie, for the causes containit in his appellatione, qwhilk he exhibite, desyreing the Wisdome of the Assemblie that he might have ane sicht of the proces led against him to be advysit, with liLs 272 BOOKE OF THE UNIVERSALL [1583. just defence, and that rather or the matter came in open rea- sonyng, that private conferrence were had amongst the discreetest therein ; with the qwliilk desyre the Kirk being advysit, votit to the reading thereof openly; lykeas the samen being pub- lickly read and heard, together with the copie of the wreiting gine out be the said Synodall Assembly, read in the paroche kirk, the farther consideratione of the causes was left till afternoone, and he warnit to be present. Sessio 4. Mr David Russell being inquyritifhe had the principall wryting alleadged, read upon the 17 day of Marche, denyit the same, and exhibite ane double thereof, as he termit it, receavit be him, as he alleadgit, from ane servant of the Earle of Marche's, nothing dif- ferent from the originall, qwhilk he pennit, and was read in the said kirk, as he himselfe testified. As to the appellatione interponit be him, from the said Presbytrie, the liaill Assemblie votit uniformlie, that he had weill appeallit ; with whose sentence the said Mr David said he stood content. As to the sentence to be pronounced in the said matter, as also against William Leirmonth, ane uther of the saids Baillies, the Kirk continewit the same to the morne, warnyng them both presently thereto. Sessio 5. Mr David Russell submittit himself absolutlie to the judgement of the Assembly, concerning the process laid against him. Ordayned Mrs Alexander Arbuthnott, David Fargysone, and John Durie, with the King's Ministers, to pass to his Grace and Counsell, and in name of the Kirk crave earnestly, that the French ambassador whaise trauells hire are suspect to tend both against religione and common weall, may be dispatchit ; That Mr Hault, the Jesuit, may be accnsit and try it, and according to his offence, if he be guiltie, to be punisched : Sicklyke my Lord Settone's sone may be send for, and accusit of the wrytings sent to the Josuites, and order put to him therefore. Attoure that ane brother of Cambowe's, refuseing to abyde the judgement of tlie Kirk, and allowes the breaking of tlie King's lawes concerning his religione, may be summoned to ane particular dyett, to underly the law. 1583.] KIRK OF SCOTLAND. 273 Item, To remember his Grace anent the Abbot of Halywood, that no licence be gine to him to depart out of the countrie ; and suchlyke to remember concernyng Mr David Ch aimer. Anent the citatione direct from the Synodall of Fyffe againes Mr David Russell, baillie of St Androis, to compear in this Assem- blie, to hear sentence definitive pronuncit upon ane proces led and deducit before the Presbytrie of the said citie, for publisching of a sclanderous letter upon the 17th day of Marche last, in presence of the congregation of St Androis ; as the actione at lenth beares : The said actione and haill proces being publickly read and at lenth considerit be the haill Assemblie, and the samen, with the deductione thereof in all poynts, together with the letter and inti- mation of the said Synodall Assemblie publischit in the paroch kirk of St Androis publickly, being orderly proceidit, Lykeas the said brethren in ane voyce justifies and allows the proceedings thereof, and of the said Presbytrie in the said cause ; and after good deliberatione and resolutione taken upon the sicht and dili- gent tryell of the said proces and probatione led therein, Hes fund, and finds, that the said Mr David not only hes given heavy sclan- der, and offendit against the Presbytrie of St Androis, but farder, has sclanderit very heavilie against the Kirk of this realme, as that, sen the Reformatione of religion within the same, the lyke thereof hath not beene ofFerit in any persone, and speciallie in the particulars following, evidently proven and evictit /?er testes omni exceptione majores ; qwhairof a part also is confest be himselfe, granting he had done amiss, and submitting him to the determina- tione and arbitrement of the haill brethern absolutlie : To witt : In calling the ordinance of the presbytrie a rabble, say- ing, it sould not pass but an answer — it sould be worse then the faire of Glasgow — and that, four dayes before the famous lybell was published : 2. In giving command with threatenings to publische the letter in face of the Kirk : 3. In penning and forming the said blasphemous letter : 4. In denying first, with attestation, the penning thereof, and thereafter granting the same : 5. In opponing him in all heads of the said letter to the ordinance of the Presbytrie : 6. In wryting thir outrageous words therein — pretendit Presbytrie, usurpitance of the said Presbytrie, without any ground of God's word, or lawes of the realme — that the said Presbytrie did, against their awne consciences, and Christiane charitie — that some of them 274 BOOKE OF THE UNIVERSALL [1583. were promise-breakers, (howbeit the contrare were verifiet in accu- satioiio of the letter of the Presbytrie), of calumnious objections: — and in contemning not only the jurisdictione of the Presbytrie, but also the Synodall Asseniblie : And therefore hes decernit and or- daynit, in ane voyce, that the said Mr David, upon Thursday cum aucht dayes, immediatly after returning from this Assemblie, shall appear in presence of the Presbytrie of St Androis, and with humi- liation of heart, and earnest and trew repentance, confessit and ac- knowledgit before them, that in the particulars abovewritten, and euery ane of them, he lies heavily ofFendit his God, sclanderit the said Presbytrie, and the haill Kirk of God within tliis realme ; — craving God's goodness to pardon him, and the said Presbytrie to forgive him, with promise in tyme cuming, to avoyde all such sclan- derous behaviour or dealing ; quhais humiliation and repentance being fund unfeigned and earnest, be the sicht of thes.iid Presbytrie, and they satisfied therewith, that upon Sonday imniediatlj' tliereafter, he appear before the pulpit, in the paroche kirk of St Androis, before noone, after the sermone, and immediately before the prayer, in pre- sence of the congregatione, and there make the said confessione, and acknowledge his offences in particular, and in manner as is above deducit — exhorting all the brethren and the congregatione to the obedience of the Kirk and ordinances thereof, that astliey have been sclanderit be his fall, so be his rysing they may receive comfort and good example: Qwherein, if the said Mr David failzies and gives not absolute obedience, according to the tennor of this sen- tence, in all poynts, that the said Presbytrie of St Androis proceed against him with the sentence of the Kirk. Anent the order and injunctiones to be wsed against Gavin Grahame and his colleagues, alreadie excommunicat : The Assem- blie present hes ordaynit, that they shall satisfy the injunctiones wsed against murtherers, incestious persones, before they be absol- vit from the said sentence, the forme qwhairof is contained in ane act made in December 1565, Sess. 4; and the same being dewly satisfyit, and earnest repentence seen in them, ordaynes the said Presbytrie of Glasgow to absolve them from the said sentence. Sessio 7. Anent the heads proponit be the Provest of Dundie, andthe Laird of CoUuchie, his Majestie's Commissioners : The Kirk, be the Mo- 1583.] KIRK OF SCOTLAND. 275 derator, gave answer, that for expeditione of the first head, the As- semblie sould appoynt tlieir next conventione the sooner, that ane absolute answer may be gine thereto. Touching the second: they have found, by experience, that Com- missione gine to brether, with power to conclude, have done great hurt to the Kirk. As to the novelties, they sould meddle with nane. Anent the lamentable supplicatione gine in be the Earle of Ar- rane, bearing, That qwhair, upon the diuerse supplicationes presentit to the Generall Assemblies at Dundie and Edinburgh, to have tra- villit with the King's Majestic and Secret Counsell, for his deliverance from his lang captivitie, and restitutione to him of his heritage, maist wrangouslie withholden from him, be the wickit and fraudu- lent meanes of the present possessor thereof; Nottheless, that un- godlie man, abuseing the youth and favour of his Soveraigne, hes not suffered your suite to be heard, tryit, and allowit be his Majes- tic, as he is sure it will be qwhensoever his Grace shall be dewlie informit of his innocencie, and the miseries, grieves, and wrangs be himsustaiiiit, inspirite, bodio, and warldliegood,be the crueltie of his enemies; beseiking the Assemblie, therefore, as the only meine in this warld, qwham unto he may haueesperance.to present his regraitsand dolencesto his Majestic, that they will yet continew their former sute in his favour, and pretermit to the present opportunitie of his Ma- jestie's good dispositione, not able to be abused be tlie craft and subtilitie of that his unjust enemie being presentlie reraovit from his Majestie's presence ; praying them also to labour that his body and living may be comniittit to the custodie of his very undoubtit friends, qwho will have unfeigned care for the preservatione of the ane and wther, according to conscience, equity, and righteous lawes of all civill countries; — Remembring presently that he is so destitute of all wther meines of intercessione, saving them only, through fear of his enemies crueltie, that among so many naturall friends of all degrees, he can hardly finde ane who will. declare himself the pre- senter of this his supplicatione made to the said Assemblie : the qwhilk necessitie he doubts not their Wisdomes will worthilie sup- plie. The Kirk having considerit the said supplicatione, Ordaynes their breithern to present or direct to the King's Majestic, to schaw his Heinestliis pitious complaint — craving his gracious good answer therein ; and farther, as the Assembly shall finde opportunitie, be 276 BOOKE OF THE UNIVERSALL [1583. their Commissioners' travells, to be done for the vveill and comfort of the nobleman. Mr Robert Pont declared that, with part of his heritage and world- lie comnioditie, he had proponit to sit downe in St Androvvs, and had served on his awne charges anehaillyear, and could not have any equall conditions of living, no, not the least provisione that any had that past before, and now altogether his heart is abstractit from them — praying the Kirk not to lay the charge upon him against his will. Sessio 9- Anent the citatione direct against William Leirmonth, beallie of St Androis : The Assemblie, in respect of the said William his sim- ple confessione, that he gaue cominand to Niniane Rule, to read publickly the sclanderous Letter against the Presbytery of St An- drews, in the paroche Kirk thereof and of his humble submissione to the haill Kirk, Ordayns him, upon Sonday cum aucht dayes, to compeir before the congregatione of St Androis, after sermone, and before prayer, and there confesse his offence forsaid, asking God and his Kirk pardone thairfore, under paine of the censures of the Kirk, to be execute be the said Presbytrie against him. Sessio 10. Anent baptisme ministrat be laik persones, and such as lies no or- dinarie functione in the ministrie of the Kirk : The Generall Kirk, in ane voyce, hes concludit the same to be no logall baptisme ; and that these that in the pretendit manner are baptized shall be bap- tized according to God's word. Anent ministers that makes not residence at their awne Kirks : The Assemblie ordayns the Presby tries, universallie within thair awne bounds, to take order therewith, as they will answer to the Kirke. Anent the proces deducit before the Presbytrie against Henrie Adamsone, burges of Perth, and approven be the Synodall As- semblie of the province : The whole Kirk, at length having consi- derit the proces and probatione led in that matter, — being weill re- solvit and advysit therwith, — In ane voyce declares and finds the said Henrie, be his familiar and suspect behaviour to Jeane Thorn- towne, spouse to Oliver Peblis, resorting with her in privat and suspect places, drinking and conversing with her, and utherwayes 1583.] KIRK OF SCOTLAND. 277 behaving himself not so chastly as becomes an honest married per- sone, as be syndrie circumstances in the said proces appeares, To have gine suspitione that he has committit adulterie with her, and thereby to have gine occasione of sclander in his persone: There- fore, ordaynes him, immediately after his returning from the As- semblie, to compeir before the Presbytrie of Perth, and there, with humilitie, unfeignediy to confesse and acknawledge that he hes gine occasione of sclander, asking God and his Kirk forgiveness therefore ; and thereafter, upon ane Sonday to be appoyntit be the said Presbytrie, he shall compear in the paroche kirk of Perth, in tyrae of sermone before noone, sit in the place of repentance in his common apparell qwhill the sermone be endit, and immediatly after the end thereof, and before the prayer, stand up in the said place of repentance, and confesse and acknowledge the sclander gine by him, and ask God and his Kirk pardon therefore, with pro- mise in tyme coming to avoyd all sclanderous behaviour and sus- pition of any such cryme, under the paine of the censures of the Kirk, to be execute against him be the said Presbytrie. Sessio 11. Anent the difficultie movit be certaine breither, if it be lavvfull to a pastor alreadie appoyntit and serving ane flock, to receave admissione of ane benefice appertayning to ane uther kirk nor qwhere he serues, and remoue him from his awne flock without licence of the Presbytrie qwhere he serves, Synodall, or Generall Assemblie : The haill Assemblie, after many reasones had on aither syde concerning this doubt, resolvit and concludit, That a pastor provydit and serving ane flock, laufully may not remove from his flock qwhere he first serves, without speciall licence obtaynit be him of his presbytrie, Provinciall, or Generall Assemblie, and in- hibitand and dischargand all Presbytries, in tyme cumming, to admitt any persone elsqwhere serving, as said is, to benefices, with- out testimonialls and licence schawne be them, of the consent of the Presbytrie, Synodall or Generall : And if any persone beis fund, against the tenor heirof, to transferr himself without consent forsaid. The Kirk hes concludit and decernit him to be deposed from his functione and calling of the ministrie in all tyme curaing. 278 BOOKE OF THE UNIVERSALL [1583. [FORTY-NINTH GENERAL ASSEMBLY.] The Generall Assembly of the Kirk, conveint at Edinburgh, in the New Kirk thereof, the 10 of October 1583, qwhair there was present the Commissioners. Sessio. Exhortation made be Mr Thomas Smetoune : Leitts, Mrs Ro- bert Pont, Peter Blackburne, NieoU Dalgleish, and James Bal- four. Be plurality of votis, the said Mr Robert was electit, hac vice. The haill Kirk ordaynes Mrs James Lawsone, Andrew Melvill, Thomas Smetone, John Craig, Walter Balcanquall, Peter Black- burne, Andrew Pohvart, John Davidsone, Nicol Dalgliesche, John Durie, the Lairds of Braid and Pilrige, with the Commissioners of Edinburgh, to conveine and intreat with the Moderator. Sessio 2. Forsuameikle as the raritie of this Assemblie chieflie stands in default of tiie brether of the ministrie, having commission to come to the Generall Assemblie, and yet comes not : The Kirk hes thocht meit that the Countries be callit on, and considerit who are absent ; and sicklyke, if all that are in the Commissiones alreadie gine in be present, and that the absents be markit, and a substan- tius order provydit to correct them. • ■ Sessio 3. Anent the Constitutiones and Acts made in the Generall Assem- bly, It is determined and resolved, that ane Act being concludit in the Generall Assembly, no just cause in the changeing thereof in- tervening therafter, it shall not be leisura to any particular brother, in ane uther Generall Assembly, to call the same in questione again e. Anent the Commissione gine in the last Assemblie to visite the Universitie of St Androis, and to consider how the rents and livings thereof are bestowit — how the doctrine is used be the maisters and regents, and if the same be correspondent to the act of Parliament . — and how the order is keepit amang the students : The Kirk hes 1583.] KIRK OF SCOTLAND. 279 committit of new the executione of the said Commissione to Mr Andrew Polwart, Thomas Buchanan, NicoU Dalgleische, and Wil- liam Clirystpsone : and, to that effect, ordaynes to conveine them- selves in St Androis, the Gcli day of Marche nixt to come, and qwhat they doe herein, to report to the nixt Generall Assemblie. Mr Robert Wilkie, in name of the Universitie, protestit that the said Commissione prejudge not the libertie and priviledge of the Universitie. Ordaynes tlie Moderator of the Assembly to receave from the Clark thereof the extract of the Commissiones gine to breither the tyme he bears charge, in case they be absent from the Assemblie the tyme of the direction thereof, and to direct them tymouslie to the said breither, that the said Commissiones be not left unexecule, upon pretence of their absence and ignorance of the same. Sessio 5. Ordaynes every presliytrie within their awne bounds to call be- fore them the beneficed persones within their awne jurisdictione, and to take accompt and tryall liow the}' have keepit the act of the Assembly, touching the disposition of their ecclesiasticall living — in what manner, and qwherein the same hes been transgrest — and to make ane just report thereof to the nixt Assemblie be the Mode- rator of their Elderschipe as Commissioners, as they will answer to God and his Kirk. Articles to be direct to the King's Majestic, being presentit in forme, the haill Assemblie votit to the presenting thereof, with the Instructiones, qwhairof the tenor follows. Sir, The strait Commissione we haue receavit of the Eternall, our God, qwhen, as in this your Majestie's realme, we were made watch- men of his people, and fearfull threatening pronuncit against such as neglect faitlifully to execute every pairt of their weighty charge, coinpells us presently to haue recourse unto jour Majestic, percew- ing many things to fall furth, greatly to the prejudice of God's Glory, and no small appearance of utter wrack of this his Kirk and Commonwealth, unless some heastie remead be put thereto ; most humblie, tliereCore, beseikand your Majestie diligently to weighe and consider thir few heids, qwhilks, with all reverence and obser-i 280 BOOKE OF THE UNIVERSALL [1583. Vance we present, looking for graceous answer and speedy redress thereof. 1. It is ane great griefe to the hearts of all these that fears God, that apostates, sworne enemies to Christ, your Grace, and all your faithfull subjects, forfault for their treasone — some also suspect and bruitit with the murlher of the most noble persone of your umquhill father — impugners of the truth be word and wreite — continuing still in their wickedness, unreconcilit to the Kirk, to receave of your Majestie the benefite of pacificatione to the prejudice of the faithfull ministers, qwham violently be their meanes they labour to dispossesse. 2. That wthers from their youth, nurischit in the Kirk of God, with us, and sensyne fearfullie fallen back therefrae, and become greit runnagats, and blasphemers of the truth, and maintainers of idola- trie, and that Man of Sinne, Liutennant of Satane, and oppressors of God's people; and yet, notwithstanding, are receivit in court, au- thorised, and so far countenanced, that they are becum familiars with your Majestie, qwhairthrough, besyde the grief of your Ma- jestie's subjects, many are brought to doubt qwhat shall ensew upon such beginnyngs. 3. That a wicked obstinate Papist sent in the countrie to traffique against God and quyetness of jour Grace's estate, and therefore is worthy of death, committit in ward at your Grace's command, with sure promise that he sould not escape punischment, yet as we un- derstand, was, be indirect meanes, let depart, and no tryall taken of the author of his delyverie. 4. That your Majestie seems to have over great lyking of the enemies of God, alsewell in France as some within this realme, who hes never gine testimony of any good meining aither in reli- gione or in your Majestie's seruice, have succeidit to men that were knawne zealous in God's cause, and faythfull to your Grace from your tender age. 5. Sen your Majestie took the government in your awne hand, many fair promises hes been made that order should be taken for preservatione of the Kirk of God, and continuance thereof to the posteritie : yet, after lang and continuall sute, nothing is performed ; but in place of redress, daily the Kirk is bereft of her priviledges and liberties. 6. The thirds are sett in tack for soumes of money, in defraud of the Kirk, so that no minister hereafter can be provydit. 1583.] KIRK OF SCOTLAND. 281 7. Abbacies are disponit, without any provisione made for the ministers serving in the Kirks annexit thereto, directlie against the act of Parliament. 8. Spirituall livings are gine to bairnes, and translatit in tempo- rall lordships. 9- That there is no punischment of incest, adulterie, witchcrafts, murthers, abominable oathes, and uther horrible oathes, in such sorte that daily some increases and provockes the wrath of God against the liaill countrie. 10. There is a sair murmuring against your Grace's leiges, and a lamentable complaint that the lawes of the countrie have no place — that no man can be sure neither of his lands, lyfe, nor goods, qwhilk threatens ane miserable confusione, and the heavie hand of God to insew thereupon. 11. Tliat oftentymes your Majestic interpones your Heines' au- thoritie, be letters of hornyng, to stope the exccutione of the acts made in the Generall Assemblie, in matters properly belonging to the Kirk, and nothing touching the civill estate. 12. Lastly, we most humblie beseik your Majestic to suiFer us to lament the great divisione amongest your Heines' nobilitie and sub- jects— the ane pairt seeking be all meanes possible, for their awne particulars, to persuade your Majestic to wrack the uther, qwhilk fosters ane continuall stryfe, malice, and rancour, to the great dan- ger of your Grace's persone, qwham God preserve to keep the Kirk of God and this poor countrie ; beseiking your Majestic, for the tender mercy of God, to call to your Heines, some of the most wyse, discreet, and indifferent, to be your Councill ; to take a mo- derate course, that unquiet spirits may be brydlit, good men che- "rishit and intertained, and the hearts of all your Majestie's subjects unite, to the maintenance of God's glory, preservation of your Royall estate, and comfort of all them that bewaill this miserable dissolutione. Particular Instructiones, and maire full Declarations giuen be the Generall Assemblie to their Commissioners, direct to the King's Majestic, the 13th of October, upone every heid of the Articles generally proponit. 1. First, How heavilie the godlie are offendit, and the haill Kirk sclanderit, that Mr David Chalmers, a man notoriously knawne unto his Grace's Counsell to be not only a formall and professt 282 BOOKE OF THE UNIVERSALL [1583. enemie against the truth of Christ's religione, a plaine practizer and tiaffiquer against the same, but also against his Haines' autho- ritie and estate, in all partes qvvhair he hes travellit ; having here- with, resting upon his head, the foul bruite and common suspitione conceiveit in the hearts of many men, upon no small or obscure presumptiones, of the cruell and most barbarous murther of the most noble persone of your Majestie's umqwhill father, of good memory — sould be so suddenly and with so small accompt enterit in fauour, and reeeiue his Majestie's paclficatione, with Letters to dispossess faithfuU servants and ministers of God of their livings and possessiones, no dew satisfactione beand made to the Kirk ; a matter no less importing great prejudice to his Heines' noble estate, then touching his Majestic in the highest poynt of his honor; and therefore his Honour would be moued wisely to looke upon the consequence thereof, in consideratione of his weightie grief, wald call back and suspend the force and effect of any thing yet grantit to him, and the charges gine to his repossessione, unto the tyme that just and lawfull tryell of his innocencie be cognoscit, and the haill Kirk, so farr offendit in his persone, be satisfyit, and the same satisfactione be returned from the Kirk to his Grace. 2. The young Laird of Fintrie, direct unto this countrie, as we are surely informit, to practise with his Grace and faithfuU subjects for overthrow of religione, be moyen of friends cruppen in Court, and qwherever he comes, plainly maintaines Papistrie, and, under coUour of conferrence, qwhill be all meines he flyes, does great sclander in this countrie. 3. The third article is notour. 4. Be the fourth article is meined the King of France, the Duke of Guise, and ulher Papists thair ; and lykewise, within the countrie, ' the Earles of Huntlie, Crawford, and uthers. The Kirk is hurt in their liberties and priviledges sundrie wayes, as will appear in the Articles, as follow : Tacks of the thrids of Haddingtone and St Androis, sett to the Laird of Seagy : The Abbacie of Abberbro- thock is disponit to the Duke, and no provisione for the minister: The Abbacie of Hall3'rudehouse to the Abbot's young sone : Sick- lyke, the Abbot of Newbottle found provydit to the 9 and 10 notor; — as, for example, Mr George Gairden being provydit to the parsonage of Fordyce in the 6S yeir of God, and yet standing titular there : The King's Majestie hes sett in tack the fruits of the eaids benefices to Robert Stewart of Todlaw, and command giuen 1583.] KIRK OF SCOTLAND. 283 to the Lords of Session to grant Letters upon the said tacks : Mr Alexander Arlnithnott is chairgit, against the Acts of the Kirk, to remaine in the Colledge of Aberdeene, under the paine of hornyng: The Ministers of the Chapters of Halyrudehouse are chnirgit be letters of hornyng to subscryve tlie gift of pensione made to the persone of Pennycuik, his wife and sone, for their lyfetymes ; Sick- lyke against the said Act anent the Act made one the penult day of October 1576. Concernyng setting of fewes and tacks of bene- fices and ecclesiasticall livings, or any part thereof, be such as beare funclione in the ministrie. The Generall Assembly, as of be- fore, ratifies and approves the said Act, with this declarations that under the said Act, all suspenseones, factories, and whatsoever other dispositione of the benefice, or any part thereof, without the consent of the Generall Assemblie, is and shall be comprehendit in tyme cuming, and that the disponers thereupon shall incurre the penaltie contained in the Act of the date of the 12th of July 1578, Sess. 6. It is cravit be the Synod of Lawthiane, that this Assembly take order with Mr John Spotswood for setting of the tack of his bene- fice, butt consent of the Assemblie. The Kirk ordaynes this par- ticular to be tryit in his avvne Presbytrie, and the tryall to be re- portit to the next Generall Assembly. Item, That this Assembly ratifie the dissolutione of the Presby- trie of Haddingtoune, and unione of tlie members thereof with utiier presbytries, be reasone of many enormities occurrand there — as rare convention of the brether, loathsomeness and contempt of the word in the people, and not executing the Acts of the Assem- bly : qvvhilk head the Kirk approves for the present. * Forsuameikle as sundrie of the penitents, pairtly for poverty, sickness, or distance of place, are unable to compeir before the pro- vinciall Assembly — Quceritur, If they may compeir before the Elderschip? Answer: It is not thocht good presently. The Elders of the Elderschip of Melros are of diverse judge- ments— some craving the Assembly to continow there — others to ane uther place, or else to devyde it. Quceritur, Qwhat shall be best? Answer: They have liberty as they think best, so it be done with common consent, Sessio 7- It is thocht expedient that the four Presbytries in Lawthiane be 284 BOOKE OF THE UNIVERSALL [1583. joynit in ane Provinciall Assemblie, and that Dunbar, Churnside, Melross, and Peebles, be joynit in ane uther, and the place of their next Assemblie to be in Lawder, and thereafter to be changit, as they shall think expedient. Sessio 11. Ministers that beiris with the people repairing in pilgrimage to wells hard besyde their awne houses, not reproving them, but rather entertayning them with meat and drink in their houses — distribut- ing the communion to their flocks, and not communicating with tliem be the space of seven or eight yeares — such persones deserves deprivatione. Sessio 13. The Generall Assemblie gives licence to the persone of Hauch, to passe out of the countrie for recoverie of his health, tlie King's Majestie's licence being obteinit thereto, and his awne kirk provy- dit at the sicht of the Presbytrie of Dumbar. Forsuameikle as sundrie Acts hes past of before, to close the hands of beneficed persones within the ministrie, that they sett no tacks of the benefices, or any part thereof, or make uther disposi- tione tliereofqwhatsomever, without the advyce of the haill Kirk, yet daily supplicationes are gine in to the Kirk for thair consent to be had thereto, howbeit, both for schortness of tyme and utlierwayes, tlie estate of such supplicationes cannot be conveniently reasonit and tryit before them : Heirfore it is thocht expedient that qwhaire any such is to be made, that the samen be first presentit to the particular presbytries whair the benefices lyis, wham before the tryall shall be taken, oath of the old kyndness and title of the sup- plicant, and of the estate of the benefice — qwhat was of old, rentall thereof — qwhat present — and the pairts and tryall thereof reportit againe to tlie Generall Assemblie — qwhat order may be tane with the sute according to equitie : and lykewayes ordayns every pres- bytrie, within their awne jurisdictione, to try and examine what persons hes broken the act made against beneficit persones within the ministrie, that setts tacks or fewes, or makes uther dispositiones wliatsumever of their benefices, or any part thereof, against the Acts of the Assemblie ; and, after calling of parties, and dew triall taine, to report their names, with the proces, to the next As- semblie. 1583.] KIRK OF SCOTLAND. 285 The proces led be the Presbytrie of St Androis against Alysone Peirsone, with the proces led against Mr Patrick Adamsone before the presbytrie forsaid, and also the proces of the Synodall of FyfFe, to justifie the accusalione led against the said Mr Patrick, was ex- hibite. Sessio 14. Forsuameikle as in reading in schooles, of prophane authors, qwherin many things are written, directly impugning the grounds of religion, and speciallie in the Philosophie of Aristotle, oft tyraes the youth being curious and of insolent spirits, drinks in erroneous and damnable opiniones, and founding them upon the bruckle au- thoritie of the prophane wryters, and maintayns their godless and prophane opiniones, obstinatly in disputation and utherwayes, to the great sclander of the word of God, and offence of the simple and unlearnit : Thairfore, it is provydit, after reasonyng and good advyce, be universall consent agreit, that in all tymes coming, the raaisters, regents, and teachers of the scholers in reading of pro- phane authors, shall vigilantly take heid if there be any thing al- leadgit or written in them against the grounds and heads of Reli- gione, and, in teaching thereof, to mark and note the places evict, and confute the errors, and admonische the youth to eschew the same as false and erroneous ; and namely, in teaching of philoso- phie, to note the propositiones following, as erroneous, false, and against the Religione, and condemnit be commone vote of the haill Kirk :— 1. Omnis finis est opus aut operatio. 2. Civilis secta et prcestantissima, ejusque finis prcestantissimus et summum hominis bo7ium. 3. Honesta etjusta varia sunt, et inconstantia a Deo et sola opinione constent. 4. Juvenes et rei-um imperiti et in lihidinem proclives ah audi- enda morum physica arcendi. 5. Quod aliud ah aliis bonis et per se bonum est, et causa cur ccetera per se bona sunt, non est summum bonum. 6. Dei agnitio nihil prodest artifici ad hoc ut arte sua bene utatur, 7. Summum bonum vel boni accessions augeri, et reddi potest optabilius. 286 BOOKE OF THE ITNIVERSALL [1583. 8. Pauper deformis nrbus out infans, beatus esse non potest. 9. Bonum cBternum, bono unius diei, non est majus bonum. 10. Felicitas est actio animce secundum virtutem. 1 1 . Potest aliquis sibi sua studio felicitatem comparare. 1 2. Homo in hac vita et esse et did potest beatus. 13. Post hanc vitam nemo potest vel esse vel did beatus, nisi pro- pinquorum vel amic >rum ratione. 14. Natura apti ad virtutem earn agendo comparamwi. 15. Virtus est habitus electivus in ea mediocritate positus quam ratio prudentis prcescribit. 16. Libera est nobis voluntas ad bene agendum. 17. Mundus est physice (Bternus. 18. Casus et j or tuna locum habent in rebus naturalibus et hu- manis. 1 9- Pes viles et inferiores non curat Dei providenti. 20. Animi pars una vel etiain plures sunt mortales, et qucB hinc pendent et necessaria consequuntur : And if any beis found to doe in the contrair heirof, the censures of the Kirk to proceed against them: And sicklyke, that Masters, Regents, and Teachers, Auditors, or wthers, assert or defend any of the saids propositiones aheadie condemned be the Kirk or wther- vvayes that shall happen to be condemnit be thame heirafter pro- h'xh'xie probabiliter or wtherwayes, under the paine of the same cen- sures of the Kirk. * Sessio 15. Item., No act, nor any wther thing proceeding from the particu- lar presby tries, haue fayth in tyme comeing, without the same be subscryved be the Moderator and Clark thereof. Sessio 16. The King's Majestie's Answers unfo the heids presentit to his Heines from the Generall Assemblie of the Kirk. At Slriveling, the 11 oj October, 1583. His Majestic having considerit the heids, and conferrit with the messenger, touching the meaning and explication of the generalitie thereof, Understanding the first poynt to be gatherit, of the granting of the benefite of pacificatione be his Heines to Mr David Chal- mers : His Majestie knawing that man only to have beene forfaultit, 1583.] KIRK OF SCOTLAND. 287 for that commone actione of his being at the field of Langsyde, for qwhilk pardon wts grantit to so man}', tliocht it no new or strange thing, at the request of such as niovit his Grace, to grant unto him the lyke benetite, as many wlhers for the lylce cause had of before obtained : yet no wayes intending to spare the dew pun- ischment of him or any vvthers that may be chargit or fund culpa- ble of the murther of his Heines' dearest fFather, or that are or shall be adversars of the religione, and impugners thereof, against his Hienes' lawes made thereanent, the executione of qwhilks his Ma- jestic lies been, is, and will be, willing to further. The second heid generallie conceavit; being particularly meinit of the young Laird of Fintrie, His Majestie wishes the Assemblie to 1 emember how his Heines had dealt in this matter, and qvvhat tes- tinioniall the Kirk of Edinburgh grantit unto him. His Majestie hes not hinderit the proceedings of the Kirk against him, nor no uthers, but meins to hold hand thereto, according to the laws. The third head being speciallie meant of ane William Holt, Ing- lishman, that escapit out of the Castle of Edinburgh, His Majestie hes answerit the Queen of England's embassadour, who movit his Grace in that matter not lang syne. It is not ane uncouth thing to hear such ane man escait ; alwayes what they understand be ane indirect meanes used for letting him depart, his Majestie being spe- ciallie informit thereof, will, after dew tryall, see the offenders pun- ischit according to their deservyngs. The fourth head being very generall, his Majestie thinks the As- semblie will not think it pertinent for them to haue vote in the chus- ing of his Majestie's servants, or to be over curious of the occasione of the plaeeing or removeing of them, neither yet of the intelligence betwixt his Heines and any forraigue countries, for enterteyning of civill peace and amitie, fFiom the quhilk na princes nor common- wealthes in the world abstaines, although being diverse in reli- gione. I'he fifth head concernyng the generall complaynt upon some speciall matters appeirandly expressit in the matters following : — His Majestie wishes the Assembly, as they wald be speciallie and directly answerit, so to forme their petitions, fforbearing any par- ticular examples, to ground generall propositions, and to remember that his Majestie took the Government in his awne persone, tiiere is no good and profitable lawes made for the advancement of the Kirk, and trew religione, nor of before, the default of the exe- 288 BOOKE OF THE UNIVERSALL [1583. cutione thereof, and performance of promise notwithstanding in his Heines' default. The sixtli, meining especiallie of the Tack sett to the Laird of Seagy of certaine victualls furth of the superplus of the thrids, qwhilk he had of before in pensione, — that was nae new forme, nor any wayes prohibite. He could alseweill content him with the pen- rione, as he had it of before, frie of all payment of dewtie. The necessar considerationes that movit the granting thereof, are weill enough knawne to many. He is imployit in publick service, want- ing the living qwhairunto he is provydit in title, dureing his father's lyfetyme, and his service is, and may be, necessar both for his Heines and ihe Kirk. For any thing that may be thocht omittit toward provisione of ministers, serving at the kirks annexit to abbeyes in the late dispo- sitiones of them, that is v^ell supplied be act of Parliament, the exe- cutione qwhairof hes rather stayed thir twa yeares past in their awne default, or wtherwayes, they craving to haue their assignationes eontinewit, as in the years preceiding, and as yet not haveing di- rectlie answerit to his Majestie's message, sent with his Maister of Requests, to the Assembly halden at St Andrews, &c. Alwayes his Majestic made choice of certaine barrones, and uthers of good ap- pearance, knawne zealous to the furtherance of that good wark, lipning to haue had the assignationes formed before the Assemblie: But being uncertaine of the tyme appoyntit, therefore, this year, is doubtful if they cum in Edinburgh, qwhere, if they be, his Heines shall send directione to them to proceid, or in caise of their absence, shall appoynt wthers, so as the assignationes may proceid, and so wther thinjjs as are most needfull resolvit, without any farther de- lay. Touching giving of spirituall livings to bairnes, and translating them in temporall lordships, His Majestic considers his awne skaith and hinderance of his service. Therein qwhatever abuse hes interit before his Heines acceptit the government, tyme, and the approba- tiones of such provisiones be decreits of the Sessione, hes brought the matter to that estate, as it cannot be utherwayes helpit then be the Parliament, qwhom unto these being proponit, his Majestie sould hald hand to haue such reformatione in this behalfe as possiblie can be obtaynit. The default of punischment of wthers mentionat in the nynt head, and of the Act of Provisione of the Poore and Punisching of Va- 1586.] KIRK OF SCOTLAND. 289 gabonds, man not be justly impute to his Hienes, qwho lies ever been willing and readie to grant commissione to such as the minis- ters thocht ineitest to execute the same, qwherin inabilitie was in the judges ordinar. The tenth held being generall, His Majestic wald be glad not only to haue it explainit, but to hear all good advyces that shall be ofFerit to him for the reformatione of that qwhilk shall be found amiss, and how his lawes may have place, and justly ministrat to the comfort and commone benefite of all his good subjects. The eleviiith head is also very generall, and for the only one ex- ample that hes beene spoken of to his Heines, touching the remove- ing of the Principall of the Colledge of Aberdeine to be minister of St Androis, His Majestic trusts the Assembly will not think that matter, the substance weill considerit, either so proper to the Kirk, or so improper to the civill estate, but that his Hines and Counsell had good ground and reasone to direct his letters as he did upon the Generalls of the North Countrie, wharin nana was prejudgit — seing their was no charge conteyning power to denunce at the first, but rather to doe the thing requyrit, or compeir and schaw ane cause in the contrair. [FIFTIETH GENERAL ASSEMBLY.] The Generall Assemblie of the Kirk, halden at Edinburgh, in the Over-Tolbooth thereof, the 10th of May 1586, Whair there was present his Majestie's Commissioners, my Lord Chancellour, Justice Clark, Mr John Grahame, the Pryor of Blantyre, Mr Peter Young, with the Commissioners direct from the Synodalls and Universities. Exbortatione made be Mr Robert Pont. My Lord Privie Seall, and Mr Peter Young, direct from the King's Majestie, schew. That his Grace being occupyit in great afFayres, could not this day give his presence ; and tharefore desyrit the haill breither, at afternoone, to repare to the great chapell in the Abbay, qwhere he should pro- pone his mynd to them ; and, in the raeintyme, to superceid the dectione of a moderator qwhill then: qwhairunto the brether agreit, 290 BOOKE OF THE UNIVERSALL [1586. with conditione it sould not prejudge the libertie of the Assemblie in any poynt ; lykas the Commissioners declareit they understand of no prejudice meined thereby. Sessio 2. Eodem die, in Capella Regia, coram Rege. It pleasit his Majestie to propose the cause of assembling the breither to that place; and thereafter, prayer being made be Mr Robert Pont, the King proceidit to the nominatione of Mrs Peter Blackburne, David Lyndsay, NicoU Dalgleische, to be on leets for chooseing a Moderator; and the said Mr David was elect Modera- tor, hac vice. Mrs John Robertsone, Alexander Ravvsone, George Hay, Peter Blackburne, the Laird of Dune, William Ciirystisone, William Hepburne, William Moriesone, Tiiomas Buchanane, David Fargysone, Robert Pont, Nicol Dalgleische, the King's Ministers, Adame Johnstoune, David Home, Alexander Home, John Knox, James Brysone, Andrew Hay, James Andersone, Patrick Gallo- way, were nominat by the breither. Assessors. His Majestie appoyntit my Lord Secretar, Justice Clark, Privie Sealle, Mr John Grahame, my Lord Culros, Mr Peter Young, to conferr, reasone, and advyse with the said breither on matters mu- tuallie to be proponit, and them, or any two of them, to concurr with the Assemblie on his Majestie's behalfe, as his Heines' Com- missioners. 3 Sessio — in Pretorio. Anent uniformitie of discipline : It is thocht meit that the same be first proponit in the privie conferrence, a)id thereafter pub- licklie. Anent the Registers of the Kirk : Mrs George Hay and Patrick Galloway being direct to the King's Majestie for to solicite the redelyverance of the same, his Heines answerit, that they sould be delyverit to the clerk ilk day dureing the Assemblie j but at even they should be in the hands of the Lord Privie Seall, qwhill the end of the said Assemblie, betwixt and the qwhilk day his Majestie would be present himselfe. Sessio 4. It is thocht universallie meit, that through the haill countries there be orderly sett downe Presbytries in the places underwritten, quhilks are judgit most proper and convenient therefore, to the 1586.] KIRK OF SCOTLAND. 291 number following, viz. In Orkna5% ane within the Toune of Kirk- wall: In Zetland, ane within the Toune of : In Cathnes 2, Thurso and Dornock : In Ross 2, ane in Tane and utlier in Chan- nonrie: In Morray 4, viz. Inverness, Forress, Elgiiie, and Ruthven: In Aberdeine .5, viz. Fordoune, Dier, Innerowrie, Aberdeine, and Kincardine: In Mearnes ane, viz. in Bervie: In Anguss 3, viz. Montrose, Dundie, Brechine: In Dunkeld ane: In Perth ane: In Dumblaine ane: In Striviling ane: In Lowthiane 5, Lynlitligow, Edinburgh, Haddingtowne, Dalkeith, Dumbar : In Fyfe 4, Cowper, St Androis, Dumfermling, Kirkealdie: In Merss, Cliurnsyde : In Teviotdale 3, Melross, Jedburgh, Kelso: In Twedell, Peebles: In Annandaill, MufFet: In Nithesdaill 2. Drumfreiss, Sanchar : In Gal- loway 4, Glenluis, Wigtowne, Kirkcudbright, St.Iohnes Clawchane: In Carrick, Mayboll : In the ShrefFdoine of Aire, — in Aire, in Cun- ninghame, in Irwing : In Ranfrew, Pasley : In Lennox, Dunibar- tane: In the Nether Ward of Cliddesdall: In the Over Ward 2, Lanerick and Biggar. And to the effect that the kirks qwliilk most propperlie sould be unite to every Presbytrie may be joynit there- to, qwhairupon the Presbytries may be erectit conveniently, the Assembly ordaynes Commissioners for ilk Sheriffdome. Sessio 5. The breither appoyntit to give in the names of the kirks as they thocht ma'vst properlie might be casten in to the Presbytries, pro- nuncit their judgements in wreit, qwhilk were delyvrit to my Lord Clark Register, qwhom the Kirk requestit to visile and consider, and to giue his judgement thereof. As to the places qwhare the Synodal! Assemblies shall be halden and the day of their next con- veniione; it is thocht meit that thair next Assemblies shall begine the first Tuesday of October nixt to come in the particular places following, qwhare being conveinit, they shall chuse at tiieir awne optione the same, or such other places within their bounds as they think maist expedient thereafter ; and so furth from tyme to tyme, as they shall appoynt and think meitest for the first tyme. The Synodall of Orknay in Kirkwall: of Kaithnes in Dornock: of Ross in the Channonrie: off Morray in Elgine : off Bamff in Torrey : off Aberdeen in Aberdeine: off Angus in /ernes in Brechine: off Dunkeld in Dunkeld: off Duiiblaine: off FyfFe and Perth in St Androis : off Lowthiane in Edinburgh : off Merss, Te- viotdale, and Tweddall, in Lawder: off Nithsdaill in Drumfries: 292 BOOKE OF THE UNIVERSALL [1586. off Galloway in Wigtowne : off Kyle, Carrick, and Cuninghame, in Aire: off Cliddsdale, Ranfrevv, and Lennox, in Glasgow. The haill Kirk requestit my Lord Secretar to intreat with his Majestic, that the General! Assemblie may be yearly heirafter ob- served, and to understand quhat tyme his Majestie thinks meet for the next conventione. Anent the doubt movit, if it be leisum to any towne or citie quhare there is ane Universitie, and ane pairt of the parochine of the said towne lyand to landwart, but thair consents and votes, to elect ane minister to the haill paroche and universitie, pretending the priviledge of ane old use and custome : The Kirk hes votit thereto negando, that it is not leisome so to doe. Sessio 6. Anent the held read afternoone, referrit to farther deliberatione : the Moderator declairit that the matter in a pairt being reasonit in privie conferrence, they had pennit two articles, quhilk they thocht good the Assembly sould judge upon, and to vote to the same if they find it expedient ; quhilk being read and advysit with, the haill brethren gave consent thereto ; of the quhilks articles this is the tennor : It is found that all such as the Scripture appoynts Governours of the Kirk of God, as, namely, Pastors, Doctors, and Elders, may convene to Generall Assemblies and vote in ecclesiasticall matters ; and all uthers that hath any sute or uther things to propone to the Assemblie may be there present, to giue in their sutes, and propone things profitable to the Kirk, and hear reasoning, but shall not vote : 2. There are four offices ordinare sett down to us be the Scripture, to witt, Pastors, Doctors, Elders, and Deacones, and the name of a Bischop ought not to be taken as it hath been in Papistrie ; but it is commone to all pastores and ministers. Mr David Cunninghame, Bischop of Aberdeene, is ordainit to be summoned before the Presbytrie of Glasgow, for abusing his bodie in adulterie with Elspeth Sudderland. Anent Visitation ; The Kirk, after reasonyng, hes fund that it is lawful! and necessare at this tyme, and the forme thereof con- tinewand, and the rest of the circumstances thereof heirafter to be reasoned. 1586."] KIRK OF SCOTLAND. 293 Sessio 7. Anent the heids of Visitatione, and circumstances left to farther consideratione: At the desyre of my Lord Privie Seall, the Assem- bly directit Mrs Robert Pont, Andrew Melvill, Thomas Black- burne, NicoU Dalgleische, Andrew Polwant, and Thomas Bu- chanane, to conferr with the King's Majestie's Commissioners there- anent, and such others matters as shall be communicat unto them. In presence of the haill Assembly, compeirit my Lord Maxwell, and declareit, that be the King's Majestie's command, he compeirit before the said Assemblie, as he had found cautione to that effect before the Counsell to compeare before them this day ; and, in re- spect of his obedience, protestit his cautioner sould be fred, and took instruments upon his compearance and protestatione. The Assembly, in respect they knew not the cause of his com- pearance, nor the King's Majestie's command thairanent, desyreit him to be present the morne before noone; and, in the mean tyme, craving his Heines' Commissioners knawledge heiranent. The saids Commissioners protestit that his cautioner sould no wayes be free, qwhill his Majestie's rainde be returned be them to the Assemblie. Anent the propositione of the King's Majestie's Commissioners, made to the haill Assemblie, to resolve, be good and commone de- liberatione, if they will accept the Bischops sett downe in the con- ferrence had betwixt certaine of his Majestie's Councill and certaine of the brethren of the ministrie, or if they will refuse ? The Kirk continowit their answer qwhill the morne, after the reading pub- lickly of the haill conferrence. Albeit, the articles agreit in the conferrence halden at Halyrudehouse, betwixt certaine appoyntit be the King's Majestic of his Counsell, and certaine of the ministrie callit be his Giace to that effect; the particulars being openly read, The brethrene agreit to the first article, it being conceivit in thir termes : — It is condescendit that the name of a Bischop hes a speciall charge and functione annexit to it be the word of God, the same that the ordinarie pastor hes. Compeirit the Earle of Mortoune. Lord Maxwell being accusit for the heiring of Mass, and the Act of the King's Majestie's Privie Counsell being read for the satisfactione of the Kirk thereanent ; he answerit, that he had satisfyed the King's law, and desyrit the 294 BOOKE OF THE UNIVERSALL [1586. conferrence of learnit mon concernyng the Religione and partici- patione of the Lord's table. Sessio 9. Anent the remanent Articles of the said conferrence : It was thocht good, first, to lay some grounds to reasone on : And, first, after reasonyng, it was concludit, that it is lawfull to the Generall Assemblie, to admitt a pastor or minister having a benefice pre- sentit be the King's Majestie unto the same: Sickiyke tliat visita- tione is in the persone of pastors : Item, The Generall Assembly may send a man, accompanyed with such as the Presbytrie shall adjoyne to hira in visitatione. Sessio 10. In answering to tlie heads of the conferrence had betwixt cer- taine of his Majestie's Councill, and certaine of the brether at his command, the iiaill Assemblie declairs, that [by] the name of a Biscliope, they only meine of such a Bischope as is descryvit be Pauil ; and swa understanding, they agree with the 3d Article of the said conferrence. Concernyng the 4th Article, it is agreed, that the Bischop may be appoyntit be the Generall Assemblie to visite certaine bounds to be limitat to him ; and, in visitatione thereof, he sliall proceed be the advyce of the Synodall Assembly, and such as they shall adjoyne to him. In receaving of presenta- tiones and collationes, giving of benefices, he shall proceed be the advyce and vote of the Presbytrie qwhere the benefice lyis, and of certaine Asses>ors to be joyiiit to him, at the leist of the maist pairt of the Presbytrie and Assessors, unto the tyme tlie Presby- trie be better constitute, and the Generall Kirk take farther order. The same Assessors, at the first time, shall be nominat be the Ge- nerall Assembly. Sessio 11. He shall be subject, in respect he is a pastor as uther pastors are, to be tryit and censured in his lyfe and doctrine be the Presbytrie or Synodall Assemblie ; and, because he hes Commissione of the Generall Assemblie, in that respect to be tryit be them. If he admitt or depryve without the maist pairt of the Presbytrie's con- sent and Counsell, the deed to be null, and the doing thereof to be ane sufficient cause of deprivatione of him : his power to be ordinis 1586.] KIRK OF SCOTLAND. 295 causa, non jurisdictionis. Where they that commonly are callit Bischops may not overtake the haill bounds, callit of old Diocie, Commissioners shall be presentit be his Majestic to the Generall Assemblie. and admittit be them thereto, as the said Bischops are to theirs, and to be complable allanerlie to the said Assemblie for their Commissione ; and the Bischops to have no power within their bounds more than they have within his bounds, The Commis- sioners, being elect as said is, to have a like counsell and power in the execution of their office as the Bischops hes : That the Com- missioners appoyntit to visite in their Presbytries or their particu- lar kirks, as the Presbytries or Synodall Assemblies think good — not prejudging the Presbytrie's particular visitatione. The same cause of lyfe and doctrine to depryve a Bischop or Commissioner that depryves a minister. The Hth Article agreit to. Anent the Assemblies, the first Article agreit to also. The Commissioners of the King's Majestic protestit, in respect the Assembly had casten down that qwhilk was requyrit in the Conferrence halden att Halyrudehouse, that nothing be done therein UJair in the said Conferrence, nor this Assembly, have any force or effect; and namely, in respect they have subject Bischops to the tryall and censure of the Presbytrie and Synodall Assemblies: In respect of the qwhilk protestatione, the Assembly immediatly direct to the King's Majestic Mrs Robert Pont, James Martine, and Patrick Galloway, to informe his Grace concerning this matter. Sessio 12. The brether direct to the King's Majestic yesternight, reportit, that his Majestie could not agrie that Bischops and Commissioners sould be utherwayes tryit then be Generall Assemblie. In respect of the tyme, tiie Assemblie hes thocht it expedient, That albeit it be thoclit lawfull and reasonable be them, that the tryall and cen- suring of pastores be in tiie Presbytries qwhair the}' remain, not- theless, that the tryall and censuring of such pastors as the Gene- rall Assembly' shall giue Cjmmissione to visit, shall be in the hand of the said Assembly, or such as they shall deput, qwhill farder order be taine be the Generall Assembly. Ordaynes Mr Andrew Melvill to penne a favourable letter to the French Ministers qwho are to repaire within the countrie to the King's Majestie's licence, assureing them of the travells of the Kirk at his Hienes' hand and burrowes. 296 BOOKE OF THE UNIVERSALL [1586. Anent the continwance of the Commissione gine to Commission- ers appoyntit be the Generall Assemblie : It is resolvit, that the saids Commissioners shall continow in that charge for ane year nixt to come, and from thence furth, according as the said Assem- blie shall think expedient. Sessio 13. Concerning the appellatione interponit be the Bischopof St An- drois from the proces of the sentence of excommunicatione led and pronuncit against him be the Synodall Assemblie of Fyfe : It was thocht meit that Mrs Patrick Galloway and John Duncansone pass downe to the King's Majestic, to desyre, if his Grace think good, that certaine of his Counsell be appoyntit, with certaine of the brethrene to be nominat be the Assemblie, to sicht the said proces and appellatione, before the same be brought in publick judgement and sight of the Assemblie ? His Majestie's answer being returnit, that he agries unto the said desyre. Anent Commissione of Visitatione, aither the Bischop or uther : The Assemblie declaires, that all the saids Commissiones shall cease and take no effect in tyme comeing, without new Commis- sione from the Generall Assembly to them to that effect. Sessio 15. Ordaynes two or three of every countrie to resort to my Lord Clerk Register, to visit the platt of ministers' steipends, and sicklyke of the Presbytries, and order thereof, qwhere they may giue their advyce and be best satisfiet. Qwhere the King's Majestic and his houss makes residence, it is found meit that they, with his Grace's ministers, be of that Presbytrie qwhere they make their residence ; and the samen to be understand of the Nobilitie, their housses and ministrie. The Letter ordaynit to be direct to the French Ministers being read, was thocht meit to be written over and delyverit to Monsieur Muline, under the subscriptione of the Moderator and Clark. Sessio 16. Forsuameikle as, in the Conferrence, some things were thocht meit to be proponed to the Assemblie, concernyng the matter of the appellatione of the Synodall Assemblie of Fyfe, interponit be the Bischop of St Androis ; The Breither of the said Synodall, so 1586.] KIRK OF SCOTLAND. 297 many as were present, being desyrit to remove, protestit concern- yng that actione, that the Assemblie sould proceed in forme, and take in the appellatione with the proces, heir the alleadgeances of the appellant and their answers, offering them readie instantly to offer; and so accordingly to proceed and judge, utherwayes howso- ever they judgit, proceeded or sentenced in that matter, that it should be no prejudice to their proces and sentence, nor to them, nor to the whole Kirk of Scotland. The breither, for the maist pairt, voited not to enter in the ri- gorous discussing of the appellatione and proces forsaid, but to be a midds therein, such as was proponit in wreit, and read be the Moderator openlie unto them, qwhereof the tenor follows : — If the Bischope, be his hand-wreit or personall appearance in the Assembly, will in God's presence deny, that ever he either publickly professed, or meined in any sort to acclaime a siipremacie, or to be judge to uther pastors or ministers, or ever allowit the same to have any ground in God's word — and, if he had so done, it had been ane error, and against his conscience and knawledge: 2. If he will deny that, in the last Synodall Asseniblie, he ac- claimit to be judge thereto, and if he did that, in that he errit, and in his superiours behaviour and contempt of the said Synodall, and his brethren present, and craved oversicht thereof, and promisand good behaviour in tyme to come : 3. If he will promise to clame no farther nor he may justly be God's word, and according to the late con ferrence, and indevore himselfe in all behalfes to schaw him- selfe in all tyme to come, ane moderat pastor, and, in so far as may be able, ane Bischop prescryvit be Paul, and to submit his life and doctrine to the judgement and censure of the Generall Assembly, without any reclamatione, provocatione, or appellatione therefrom in any tyme comeing : For his Majestie's satisfactione, and to giue testimonie with qwhat good will we wold obey his Heines, so far as we might and ought, or in our conscience we may, and for the good hope we have of his Majestie's favourable concurrence in building of the house of God, and for quyetness to continow in the Kiik within this realme : And because the proces of excommuni- catione was led, and sentence pronouncit dureing the tyme of the Conferrence, Qwhereupon his Majestie hes taken occasione of of- fence, qwhilk for many good causes war convenient for to be re- moveit, we will forbear to examine the said proces, or to decyde qwhatsoever provocation or appellatione, or to call in doubt the 298 BOOKE OF THE IINIVERSALL [1586. legalitie of the said proces, or condemn the said Synodall ; yet, for the respects forsaids, and upon good and weightie considerationes, we hold the said proces and sontence as unled, undecydit or pronuiicit, and repone the said Biscliop in all respects so as may concerne the said proces and sentence of exconimunicatione, in the former estate he was in immediately before the same, lykeas no proces or sentence had been led nor deducit against him ; provyd- ing alwayes he observe qwhat hes been promised be him in the premisses, and behave himself dewtifully in his vocatione in all tyme comeing. Articles ordaynit be the Assemblie to be proponit and cravit of his Majestic. It will please your Majestic to take some substantive order how the countrie may, witiiout delay, be purgit of the pestiferous sect of Jesuifes, speciallie of such as for the friendschip in the North is hichlie authorized ; who, although they have been summoned to underly the law, and assisle summond to that effect, yet their non- compeirance dispensed witli, they friely ganging through the coun- trie, meining nothing less then to depart, and Jesuites furlh of the South and furth of France repairing of new to them. Item, That seing papistry abounds in the North, be reason of the state of qualified ministers therein, for lake of sufficient provisione and stipends, that therefore assignationes be made unto tiiem con- formable unto the miiiistrie of the South, and that the thrids there be not assignit to the Kirks of tlie South, qwhill their owne Kirks be provydit sufficiently, and such as wtlierwayes hes been disponit may be dischargit. Item, That judges may be appoyntit in all schyres for execu- tione of the acts of Parliaujent, made against the breakers of the Sabbath, adulterers, and such open transgressors of God's law. Item, That in cliiefe borrows-tovvnes, there be teaching ordinare four tymes in the week, besyde the discipline, visitatione of tlie seik, ordinare to pastors and wthers charges ; that two minisiers be ap- poyntit to such townes. 5. Tiiat order be taken how the Colledge Kirks may be ser- vit. 6. That order may be taken for Manses and Gleibs to ministers mukand residence at Abbay Kirks, as also such as hes or shall have manses and gleibs, may have their necessars thereto, — such as few- 1586.] KIRK OF SCOTLAND. 299 all and pastorage, with feall and deviot, such as was wont to be of old. 7. That all gifts of benefices having the cure of sawles annexit to them, disponit be his Heines pleno jure, and not qualified per- sones presentit to them with ordinar tryall and collatione fuUowing thereupone, may be declared, according to the king's lawes alreadie made, null ; and that his Heines will giue new presentationes there- upon to qualified persones, and the nuUitie of the former gift to be discussit alsweill be way of exceptione as actione. 8. That all presentationes or gifts of benefices of cure less nor prelacies, disponit alsweill be his Majestic as a lawit patrone wther- wayes tlien to qualified ministers, or in any extrordinary forme not allowable to the commune law of tiie municipall lawes of this realme, and forme observit in the Reformit Kirk of the same, since his Ma- jestie's coronatione, may be annuUit, and new presentations grantit to qualified ministers — admitting the nuUitie to be discussed, als- weill be the way of exceptione as actione. 9. That all collations grantit be men that had no comraissione nor ecclesiastical functione in the Kirk, nor of that place and conn- trie the tyme of the giving of the collatione, to be declarit null, and the fruits sequestred, at the least qwhill the persones claimand right be sucli collatione, be of new examined, tryed, and aduiittit, if he be found worthie be them qwho shall be appoynted to that effect, and authorized be this present Asserablie. 10. That the benefices of cure under prelacies, qwhereunto mini- sters are admittit, may be frie from payment of the first fruits and fyft penny, and may haue their signators of presentatione expede be the Privy Seall, in his Majestie's owne subscriptione only, and the Secretars, without any payment or cautione found to the Thesaurer ; and such poor men as hes alreadie payit or found cautione, for pay- ment quhereof my Lord Thesaurer lies not already chairgit him in his compts, to haue the same refundit to them, or dischargit. 11. Seing the default of non-depryving the unworthie, culpable, and non-resident ministers proceeds of this, that sundrie of the bischops hes been negligent in syndrie places ; in some wther parts there is no bischops or commissioners, and so the acts are not exe- cute : the Books of Modification, full of such persones as haue never schawne tiiemselves as ministers ; That, therefore, ane com- missione be gine to ane or ma qualified persons, ministers, to sit in Edinburgh, and call the non-residents and wthers delatit to be 300 BOOKE OF THE UNiVERSALL [1586. worthy of depryvatione, or depryvit, qwliere there may be consul- tatione of learnit men had, and the proces may be led without boast or fear. 12. It is heavilie complainit be many poor men, ministers and readers, having personages and viccarages assignit to them for their stipends, that they are exorbitantly and ungodlie used in taxa- tiones, their benefice being lang syne decayed through the want of corps-presents, wpmost cloathes, peace fies, ofFerands, and such lyke things, wswallie payit in tyme of papistrie, qwhilks was the prin- cipall rents of many personages and viccarages ; and that they must pay the extreamitie of the old taxatione according to the rate as ren- talls war then, at least without any reliefe, qwhair the most part of the prelates exeniit from preaching or service in the Kirk, gets the haile relief of the poor feuars and vassalls, and that therefore there may be found more equitable order of taxatione appoyntit for the tyme to come. 13. That it will please his Grace to cause consider what prela- cies hes vaiked since the act of Parliament made in October 1581, and that speciall assignatione be made for sustaining the ministers of the Kirk belanging to them, of the readiest fruits of the same Kirks, wtherwayes the provisione according to the act to be declairit null. 14. That the Bischops, Commissioners of Argyll, and of the Isles, may be subject to attend upon the Assemblies Generall, and to keep their exercises and S} nodall Assemblies, as in wther parts of this realme, vvhilks is ane furtherance to the King's Majestie's obedience, wtherwayes they appear as exeirait out of his doniinione. 15. That his Majestie now 3'et give directione to some persones of experience and good will, to searche, enquire, and try the trew estate of the rentalls of all prelacies and wther benefices, at tiiis pre- sent, and in qwhaise default, and be qwhat occasione they are so hurt and dismemberit, that thereafter the best remedies that is pos- sible may be coiisiderit and provydit, for helping of them hereafter, both for the weill of the King and the Kirk. 16. That his Majesty will cause the Lords of Sessione de- clare, whither his Grace or the Earle of Orknay hes right to the patronages of the benefices of Orknay and Zetland, to the effect that titles of benefices conferrit to poor men, ministers, be not ay in danger of annulling, upon incertaintie of the right of the patron- age. 1586.] KIRK OF SCOTLAND. 30l 17. That no persons or stipends be put in the Book of Modifica- tione, but such as the Commissioners of the Kirk shall affirme and testifie upon their truth to be qualified persones, and actually mak- ing residence at their Kirks. 18. That viccarage-pensioners and stavvars, as they vaike, after decease or deprivatione of the present possessors may accresce, to be imployit to principall benefice, and to be assignit to the minister in his living and stipend. 19. That all readers provydit of before to viccarages or stipends, may brook the same qwhill their deceise or deprivatione ; and nana to be admittit to the title of any benefice of cure or stipend in the Book of Modificatione in tyme coming, but qualified ministers. 20. That the haill rents of the benefices of cure under prelacies disponit to ministers since his Heines' coronatione, be assignit hail- lie and allowit to them in their stipends. 21. That the judgement of all causes of deprivation concernyng ministers for benefices in the second instance, shall come be way of appellatione to the Generall Assemblie, and there take finall end, and not before the Lords of Sessione, be way of reductione. Sessio 17. The quhilk day Mr Andrew Hunter made protestation publickly in the Assemblie as follows, viz. That in respect that the Provin- cial! Assemblie of the Kirk of God, gatherit together in his name, and halden at St Androis the 12lh day of Apryle 1586, for manifest crymes, open contumacie, hes justly and formallie, according to the Mord of God and sincere custome of the Kirk of God, excommuni- cat Mr Patrick Adamsone ; and that in this Assemblie they take upon them to absolve the said Mr Patrick from the said sentence, the proces not being tryit nor heard in publick — the persone ex- communicat declairing no signes of trew repentance, neither crave- ing the same absolvitor be himself nor his procurators before the very tyme qwherein they absolve him : He therefore for his part, and in name of all uther trew brethrene and Christians quho will be participat hereof, taks God to record of the dealling of that provincial! and this Generall Assemblie — protestit also before the Almightie, his holy Angells, and Saints here convenit, that he hes no assureance of God's word nor of conscience, to effect, allow, or approve this his absolvitor ; and, therefore, unto the tyme he per- suade his conversione to be trew and effectual!, he cannot but hald 302 BOOKE OF THE UNIVERSALL [1586. him a man justly delyverit to Satane, notwithstanding the said ab- solutione: And this protestatione, subscryvit with his hand, he de- syrit to be registrat ad perpetuam memoriam, and therewithal! gave in the speciall reasons moveing him thereunto preniittit to the said protestation ; as the originall at lenth bears, Mr Andrew Melvill and Thomas Buchanane adheirit to the pro- testatione made before. Mr Patrick Adamsone subscryvit the conditions proponit be the Assembly before at Halyrudehouse, the 20th of May 1586, with his declaratione thereupon ; for the quhilk cause the Assemblie absolvit him, and for the quhilks causes as they are contained in the said propositione at lenth, they declare as is above conteinit. All ministers are exhortit and admonisched to judge charitably of uthers, albeit there be diversitie in their opinions and votes, re- mitting every man to God and his conscience; and that nane pub- lickly nor in pulpit quarrell or impugne the determinatione of the Generall Assembly concernyng the appellations from the sentence of the Synod of Fyfe. Sessio 18. The brethren direct to the King's Majestie with certaine articles, craving present resolutions, reporiit his Majestie's answer — that in the haill heids fand little difficultie except quhilk is notit with his Majestie's hand. His Grace agried that thare be Generall Assem- blies every year, once, and ofter pro re nata.* Matteris to be intreatit in the Presbytries. The power of Presbytries is to give diligent labours in the bounds committit to their chairge, that the Kirk be keepit in good order ; to inquire diligently of naughty and ungodly persones, and travell to bring them in the way againe, be admonitione and threating of God's judgements, or be correctione. 2. It appertaynes to them to take heed that the word of God be purely preachit within their bounds, the sacraments rightly ministrate, the discipline intertained, and the ecclesiasticall goods uncorruptly distribute. 3. It belong- eth to them to cause the ordinances made be the Assemblies, provin- • Notes on Copy transcribed « Calderwood here inserts — Matters to be treated in Provinciall Assemblys, p. 208, and afterwards to be tryed in the Pres- bytry, p. 209." "Cromarty's copy here hath — Matters to be handled in y« ProvincialU." 1586.] KIRK OF SCOTLAND. 303 ciall and General!, to be keepit and put in execution. 4. To make coiistitutiones wliilk concerns to TrgeTroj/ in the Kirk, or decent order for the particular kirks qvvhere they governe ; provyding they alter no rules made by the pio\inc!all or Generall Assem'.jlies, and that they make the provincialls forsaids privy to the revvles that they shall make, and to abolische constitutiones tending to the hurt of the same. 5. It hes power to excommunicate the obstinate. His Majestie agried unto this fifth article in this manner: It hes pouer to excommunicate the obstinate, formall proces being led, and dew intervalls of tymes. Faults lo be censured in the Presby- trie — Heresie, Papistrie, Apostacie. Idolatrie, Witchcraft, Consulters with Witches, Contempt of the Word, Not Resorting to the Word, Continuance in Blaspheniie against God and his 'I rewth, Perjurie, Incest, Adulterie, Fornication, Drunkenness. Thir tilings for the present, and further qwhill order be taken in the conferrence. Anent particular kirks: If they be lawfuUie rewlit be ministers and sessione, they haue power and jurisdictione of their owne con- gregatione, in matters ecclesiasticall to take order therewith, and things that they cannot decyde to bring them to the Presbytrie. Farther, it was schawne to the said Assembiie be the brether di- rect to his Majestie, that his Grace declareit, That for tryall of any sclander in the lyfe, conversatione, and doctrine of Bischopes or Commissioners, the said Assembiie sould appoynt ane number of brethren in every province, haveing power from the said Assembiie to try them and take probatione, lead process therein betwixt and the next Assembiie, if occasion sail fall out; remitting the finall sen- tence and determination to the said Generall Assembiie. The Generall Assembiie of the Kirk giues full power and com- mission to certaine breither of every province to summond before thera respective, at such day and place as they shall think expedi- ent, the Bischopes and Commissioners, if they find occasione of sclander to aryse be them in lyfe, doctrine, or conversatione, at anj' tyme betwixt and the nixt Generall Assembly; and to try and take probatione thereof, lead and deduce proces against them, to the sen- tence exclusive ; remitting finall judgement therin to the said Gene- rall Assembiie. Anent Moderators of Presbytries : Qwhill farther order be taine, it is agreit that where the Bischops and Commissioners makes their residence, that in these Presbitries they shall be Moderators, except in Fyfe, qwhairr, be his Majestie's advyce, Mr Robert Wilkie is 304 BOOKE OF THE UNIVERSALL [1586. continowit Moderator of the Presbytrie of St Androis until the nixt Generall Asseniblie. At the suite of the Asseinblie, his Majestie's Commissioners hes agreit that the priuiledge qwhilk the Kirk had in the sessione of two dayes in the week for calling their actiones shall be restorit, and John Lyndsay and Mr John Grahame to be ordinary waiters on. Sicklyke agried, with advyce of the saids Commissioners, that James Mowat be Solieitor for the Kirk, if Mr George Mackisone and he be agreed. Commissioners war appoyntit to present unto his Majestie and Counsell the humble petitiones, complaints, articles, and heids de- lyverit to them, and humblie to crave his Majestie's answer ttier- unto — tieat, conferre, and reasone thairupone, and upon such heads and arlicles as shall be on his Majestie's behalfe, or be his Com- missioners proponit to them ; and qwhat herein bies proceidit, to reporte to the next Generall Assemblie of the Kirk. Anent the excommunicatione of Mr James Melvill, minister of Kylrynnie. and certaine breither of Fyfe, be Patrick Hamiltone and Samuell Cunninghame : The Assemblie ordayns the Presby- trie of St Androis to take tryall in that matter, and put order to the same, according to the qualitie of the offence. The Estate and order of the Presbytries, with the bounds of the Commissioners, presentit be me Lord Clark of Register, and sett downe in his Lordship's travells, at the request of the Kirk. Tingwell. Qwhytness. Vesdaill. Qwhalsa. Skerres. Nesting. Lunasting. Brassay. Burray. Sandsting. Esthtingr. Zetland. Sandness. Papa. Fula. Vansa. Olaberrie. St Colme's Kirk. Cross Kirk. Delting. Olnafyrth. Stalisla. Fetlarre. Hamnavoe. Rafuiren. Nestinzell. Unst. Sandwick. Cuniiigsburgh. Cros Kirk. Faire Yle. Bulzesta. Dunrossness. 1586.] KIRK OF SCOTLAND. 305 Orknay. Kirkwall. Russay. Papa. St Olawis Kirk. Eglissay. Vestra. Birsa. Weir. Ladie Kirk. Harray. Valliss. Croce Kirk. St Androis Kirk in Flottay. St Colmes Kirk in Deirness. Farray. Sanda. Holme. Hoy. Schapinsay. Orfare. Grimsay. Ladie Kirk in Burn- Stane House. St Nicolas Kirk. wick. Firth. Marie Kirk. Peefer Kirk. Euie. Peter Kirk, in Stron- Strownay. Randell. say. Burray. Inhallow. Ethay. All in South Ron' Stromness. Farray. nalsay. Sandwick. Ladie-Croce Kirk. Caihness. Weik. Lathroonie. Creich. Bonar. Thurse. Lerg. Vaiting. Ray. Roggers. Cannisbie. Ardurnes. Kylmalchie. Dunnet. Farre. Clyne. Halkirk. Southerland. Loch. Skenqwhair. Assent. Kyldonan. Olrick. Dornoch. Ross. Kyncardine. Dingwall. Urray. Taine. Chanrie. CuUickden. Eddertaine. Ava. Kilmorack. Nigherbert. Kilmuirwester. Kirk Chryst. Talmurecester. Arthurfeir. Kirk Michael. Logie Eister. Foddertie. Contane. Rosken. Killernane. Cromartie. Newmakyll. Suddie. Lochbroome. Alvess. Kinnetles. Lochalsie. Kylterie. Urquhart. Lochcarrone. Linlair. Logie Wester. Gerloch. 306 BOOKE OF THE UNIVERSALL [1586. Apple Croce. Bravaine. Comer. Kyntaill. Dallarasch. AbertarfF. Innerness. Lundichie. Kynnies. Bowochie. Dawie. Laggane. Fairway. Durriss. Skyrre. Croy. Dacuss. Alloway. Moy. BoUeskine. Rothiemurcus, Pettre. Vardlavv. Kyncardine. Brachtie. Conveth. Morray> Forres. Abernethie. Kynnore. Edinclachie. Abdie. Dunibennen. Altar. Cromadell. Better. Raffort. Elgine. Elchiss. Ardclache. St Androwis Kirk. Glasse. DoUester. Spynay. Gorlay. Alves. Kingedward. Drimgalgie. Lan Bryde. Eslie. Keith. Dyke. Duffus. Rothiemay. Moy. Owgstoune. Forge. Aldearne. Dupplie. Drumblaitt. Nairne. Ruthven. Murthlache. Kirkmichaell. Aberloure. Dumnieth. Enneralloch Skirdurskin. Cabroche. Knock Ardoche. Pittenther. Esse. Urquhart. Birney. Rynde. Glenmoristowne. Rothes. Achindore. Ennerawine. Urquhart. Douthill. Billie. Bamfe. Rathwen. BamfFe. Turreffe. Foresken. Innerbundyne. Auchterless. Durduche. Alnethie. Deir. Kincallartie. Forgline. Fetterangus. Fordice. Ennerkeithnie. Lund lay. Cullene. Aberchirdore. Methlick. Deskfuird. Gemry. Tarwess. Orgowthill. Kingedward. Pettringay. 1588.] KIRK OF SCOTLAND. Crichuiund Slaiues. Aberdowrc. ; Rathine. Furvey. Fillorth. Lunmay. AUane. Cruden. Tyrie. Aberdeene. Logie-Buchane. Logie Durnoche. Birss. Foveran. Prenina. Boynd. Balhelvie. Leslie. Tulliche. Auld Aberdeene. Dawid. Glennig. Monycabock. Urie. Abergardin. New Aberdeene. Raine. Crathy. Nige. Kynnathmont. Kindroclit. Bunchorie. Chrystis Kirk. Tond. Marieculter. Clait. Cushnie. Peterculter. Inche-Colsalraond. Colchodistore. Dilmaick. Fetterneir. Logie-Mar. Duriss. Kyncardoneil. Cowter. Dyce. Glentannar. Migwie. Fintray. Lesmore. Tarlane. Kintoir. Cluny. Kildrumniie. Kinellane. Afuird. Glenbutchit. Skeiiie. Keige. Ennernauchtie Kinnairnie. Lochinhill. ^ Kirkthock. Ennerowr ie. Monymusk. Forbes. Momagie. Eght. Keir. Rothlie. Auchindore. Tillienessell. Fyvie. Tarnatie. Tarves. Strawchin. Meirnes and Angus Fitteresso. Arbuthnot. Killiemure. Dunnotter. Benholine. Serniinvel. Garvock. Eglesgreig. Cruikestone. Catterling. Aberluclioch. Stracatrow. Fordoune. Glenbervie. Lethnoche. Conveth. Fettercanie. Lochlea. Kineth. Newdesk. Navar. Bernire. ' Breichine. Fynaven. Rescoby. ButtergilL Kincardrin. 307 308 BOOKE OF THE UNIVERSALL [1586. Netherellie. Guthrie. Balumby. Kerremure. Ewie. Monyfurth. Aberlemno. Dunnityne. Monikei. Aldbar. Lady Montrose. Panbryde. Edzell. Inchbracock. Fowls. Drumlappie. Memmure. Langforgan. Glaraes. Marie-Ettone Incliture. Clova. Low nan. Kinnaird. Luntrathane. Ennerkeillour Rossie. Forfar. Eithie. Abernytt. Restennet. Aberbroth. Bennvy. Nethie. St Vigians. Lundie. Kinnettles. Kinnell. Auchterhouse. Tannodyne. Barrie. Teilling. Essie. Abirlot. Logie. Ederaritie. Dnndie. AUoway. Kirkbuddo. Maines. Strathmartine. Corchie. Logie Dundie. Newtyll. Montrose. Liphe. Navar. Dune. Ennergowrie. Migle. Eglishem. Murrous. Perth. Malar. Aberneithie. Aberdagle. KinowU. Dron. Pitcairne. Kinfawns. Dumbarnie. Kintaill. Scone. Pottie. Maidartie. Cambusmichell. Montcreiff. Methven. St Martina's Kirk. Forgundine. Logiearde. Auld Melgidge. Fortiviot. Roggartowne. Kilspindie. Eglismagredell. Collas. Reatt. Movvcarsie. Trinitie-Gask. Erroll. Dunnyn. Findo-Gask. Inchmartine. Rynd. St Marroys. Tibbermure. Dunkeld. Dawallie. Forthragill. Strowall. Incliaddan. Weyme. Lud. Cluny. Kilmarwock. Ramach. 1586.] KIRK OF SCOTLAND. 309 Dow. Strath-Phinane. Cluny. GarntuUie. Kilen. Brunithy. Fosse. Lundyffe. AUicht. Logiereat Rattray. Ruthven. Kirkmichell. Cargill. Glenaylla. Mulyne. Blair. Kinclevine. Ardunan. Kapeith. Dumhlane. Monyday. Kilbryde. Aberfule. Achterardour. Kilmadock. Baqwhidder. Aber Ruthven. Kincardin. Comrie. Monyvaird. Port. Strowen. Monychie. Gilmahug. Tillieheithlie. Fowls. Callendreich. Muthill. Creiche. Lenie. Strogeith. Striveling. Striveling. Dunnypace. Glendowan. Logie. Airthe. Muckart. Lecrope. Bothkinner. Dolour. Cambuskenneth. Clackmannan. Alnethe. Kippand. Tulliebodie. TuUiecowtrie. St Ninians. Tulliallane. Fawkirk. Kirk-in-Mure. Fossochie. Slamanane. Lairbaire. TuUiboyle. Fyffe. St Androis. Kembock. Monymaill. St Leonards. Dairsie. CoUessie. Dinmow. Balmirrinoch. Auchterrauchtie. CraiU. Logie-Murdo. Ebdie. Kilrainnie. Lewchars. Straraiglo. Anstruther. Forgan. Arngask. Pittenweyme. Covvper. Falkland. Abercrombie. Kilmeny. Lathrisk. Kilconquhar. Auchtermoonsay. Kirkforther. Newburne. Creich. Kirkaldie. Largo. Dunbogi. Scoonie. Seres. Flisk. Kennoquhy. 310 BOOKE OF TUE UNIVERSALL [1586. Markincli. Leslie. Culros. Methel. Dumfermling. Crumble. Weymes. Kinglassie. Enderkeithing. Dysart. Port muck. Rossey. Kinghorne. Urvell. Aberdour. Auchertoole. Kinrosche. Dalgatie. Bruntiland. Cleische. Baith. Auchterdyrie. Saling. Torrie. Balingrie. Carnock. Lynlyihgoiv. Garden. Eglisclieniachen. Livingstowne. Bynnie. Kirklistoune. Abercorne. Kinnell. Dunimaii}'. Athcathie. Caldercults. Torphichen. Kirknewtowne. Strabrock. Bathcat. Edinburgh. Calder-Cleir. St Cuthbert's Kirk. St Catherioe-in- Pennycuik. Corstorphine. Hopes. Month- Lawthian. Halyrudehouse. Mussillbrugh. Temple Borthwick, Castle of Edinburgh. Natowne. Cariiigtowne. Leith. Libbertoune. Clarkingtovvne. Dudingstoune. Dalkeith. Creightoune. Halis. Laswad. Ormistoune. Restalrig. Glencorce. Fawia. Cramont. Mevvill. Fintra. Ratho. Newbottle. Cranstoune. Gogar. Cockpen. Curry. Pentland. Haddingtowne. St Martine's Kirk. Gulane. Dunass. Elstineford. Aberladie. Spote. Boultone. Setlone. Enderwick. Bothaines. Tranent. Auld Hamstiks. Morehame. Pirikieclend. Coldbrandspeth. Barrow. Saltowne. Aldcamrais. Garvet. Keithniby. Qwhittinghame. Nortbbervick. Keithmitchell. Dunninghanae. 1586.] KIRK OF SCOTLAND. 3 Stentowne. Auld Roxburgh. Suddune. Qvvhytkirk. Mackerstowne. Ekfurde. Aldhome. Montharnay. Cassiltoune. Basse. Grimland. Ettiltowne. Coldinghame. Duillis. Peibles. Aittowne. Gordoune. Maner. Lanibertowne. Stitchell. Ennerlethane. Haltowne. Melros. Hopculcheuor Swyntowne. Lessindine. Traquare. Homdene. Maxtoune. Etleistoune. Fisclivveick. Sniattliane. Newlands. Piltoun. Mortoune. Kirkurd. Chirnside. Ligerwood. Stobo. Bunkle. Bassinden. Drumalcheour. Prestoune. Hessitoune. Dalvick. Caunell. Lawder. Brodtowne. Simprem. Chingclek. Glenqwhairne. Langtowne. Stow. Stralling. Forgo. Bundane. Kilbuthie. Pol wart. Langnewtoune. Lin. Dinne, LlUieschleifFe. Lantowne. Qwhitsone. Selcraig. Lanereik. Mordingtowne. Leindene. Carloouch. Lanfurmagus. Nook of Ettrick. Pittinaine. EUanane. Rankilburne. Cothqwhan. St Cuthberts. Askirk. Libbertoune. Fowldoune. Geddart. Crowartoune. Edrum. CraiUing. Thankertoune.' Cranschaws. Nisbet. Carnwath. Kelso. Oxnein. Robertstowne. Meychell. Ankrum. Carstaires. St James' Kirk. Mynto. Simontoune. Spreustoune. Bedrewll. Visclitoune. Limpitlaw. Abbots Rowle. Crawfurd John. Ednera. Hopes Kirk. Cravvt'urd Douglass. Zittame. Hassinden. Hartsyde, Lynlowne. Cawers. Lamintoune. Marbottle. Hawick. Culter. Mow. Viltoune. Velstoune. Hoome. Kirknewtoune. Dunschyre. 311 312 BOOKE OF THE UNIVERSALL [1586. Dolphingtowne. Bigger. Calder. Monkland. Bothwell. Schotts. Cambuschnethane. Dalzell. Strathaven. Hamiltoune. Dalserff. Glasford. Cambuslang. Carmunnock. Torrence. Blantyre. Kilbryde. Rutherglaine. Cathcart. Givane. Campsie. Lunchie. Monyabroche. Peslay. Neiles. Kiberchane. Eistwoode. Nerriness. Ranfrow. Inchschinane. Erskine. Egleschame. Lochquinchoche. Howstone. Kilmacome. Killellane. Enderkirks. Dumbartane. Dowglass. Carraicbell. Glasgoio. Caldrosse. Bulill. Lowss. Kilmahow. Rosnethie. Kilterne. Fintrie. Strablane. Kilmaronock. Drimmen. Balthrone. Kirkpatrick. Bothernock. Inchcalcheaur. Irving. Perstoune. Largiss. Cumrie. Kilbryde. Ardrossan. Kilwinning. Dunlop. Baith. Stainsone. Dalie. Kilburnie. Kilmarnock. Lundene. Kilraaves. Stevvartone. Dreghorne. Aire. AUoway. Tarboltoune. Barnwell. Craige. Leschmahago. Stenhouse. Ricartowne. Monktowne. St Cavocks. Prestick. Dundonald. Corsbie. Simontowne. Vchiltrie. Auchinleck. Machlen. Kirk of Mure. Gastoune. Darympill. Querltoune. Dalmelingtoune. Mayboll. Kirkoswald. Kirk Michell. Claraonell. Stratowne. Kirkcudbright. Daylie. Girvane. Schaschank. Glenluice. Inchie. Salsit. Kirkholme. Lesswall. Stanie Kirk. Tostartowne. Kirkmadin in Ryndis. Wigtowne. Qwhitterne. Conglingtoun. 1586.] KIRK OF SCOTLAND. 313 Kirkcowan. Kirkmadane. Sorbie. Kirkinner. Mochrum. Pennynghame. Glassertovvne. Kirkmadan in Fairnes. Kirkcudbright. Galney. Dunrod. Balmache. Kylchryst. Twinen. Tungland. Borge. Kirk aiders. Sandweck. Girtowne. Anvethe. Kirkmabreck. Kirkdaill. MonygafF. Drundennane. Bowthill. Geltoune. Gilksloune. Kirkormoch. Corsmichall. Partoune. Dairy. Kellis. Balraaclellane. Drurafreiss. Troqueir. Terngliss. Newabbay. Hallywood. Guddick. Lochrawne. Kirkunchean. Kirkpalrick. Irwing. Kirkpatrick in the Muire. Kirkblaine. Covvane. Callaroch. Torquhorrell. Kirkmahe. Penpont. Tyrewyne. Dowrisdaire. Kilbryde. Mortun- Kirkonell. Sanquhar. Closeburne. Dalgairne. Dunskyre. Glencairne. Lochniabane. MuiFet. Kirkpatrick -juxta. Johnstoune. Wanfra3^ Kirkmichel. Trailflate. Dongraine. Kirkwall. Meikledaltoune. Litledaltoune. Muswald. Ruthwall. Huttoune. Aplegarthe. Drysdaill. Sibelly. Annand. Dronock. Castlemilk. Cummertries. LwifF. Pennerfacks. Trailnow. Eglischame. Mordenlie. Torrie. Kirkonell. Caruthers. Tonargirthe. Gratnay. Raid Kirk, alias Kirk Pato. Vachope. Cannobie. Mortun. Vastraker. Stapplegratoun. Nether Kirk of Elis. Over Kirk of Elis. 314 BOOKE OF THE UNIVERSALL [1587. [FIFTY-FIRST GENERAL ASSEMBLY.] The Generall Assembly of the Kirk, conveint at Edinburgh, the 20th day of Junii 1587, qwhair there was assemblit the King's Commissioners, my Lords Chancellour and Blantyre, with the Commissioners with the Brethrene. Exhortations made be Mr David Lyndsay. Leets, Mr NicoU Dalgleische, Patrick Galloway, Thomas Buchanane, and Andrew Melvill: The said Mr Andrew, be pluralitie of votis, was chosen Moderator, hac vice. At the said Mr Andrew his desyre, Mrs David Lyndsay, NicoU Dalgleische, Patrick Galloway, PauU Fraser, Thomas Buchanan, Robert Pont, Robert Bruce, Robert Craigie, Walter Balcanquall, Patrick Simsone, James Brysone, Peter Black- burne, and Androw Hay, were nominat Assessors. Sessio 2. Mrs David Lyndsay and John Durie, qwho were direct to my Lord Secretar anent his Majestie's Commissioners, reportit. That his Heines had nominat my Lords Secretar and Justice-Clark, qwha wald be present and concurre as their opportunitie might serve — alwayes willing the x\ssembly according to his Heines mynde, before any uther thing, be intreatit the cause of Mr John Cow^per: Nottheless, after some reasoning, was content they sould be delayed till the morne, and that the brether qwho are on the conferrence sould meit and reasone something concerning that matter. Anent the Books of the Assembly : Seing the King's Majestie's Commissioners hes offerit their concurrence to the recovering there- of, if it may be knowne in qwhais hands they are, The Moderator desyrit the brether that could give any light in this matter, and namelie Mr Patrick Gallaway, quho was direct in the last Assembly to the King's Majestic to sute the dely verance of the said Register, and his Heines answer thereanent ; qwho declareit his Majestic had promised to cause them be dely verit. Thairafter it was testified be John Braid, that at the last Assemblie, in his awne house, Mr Pa- trick Adamsone, Bischop of St Androis, in presence of David Far- 1587.] KIRK OF SCOTLAND. 315 gysone, confessit where the same were, and at command obtained be the King's Grace, he sould cause dely ver the same : Lykeas it was testified by John Durie that he heard him lykewayes grant the having thereof: Qwhilks testificatione being considerit be the As- sembly, they concludit that charge sould be gine against him ; and for the better advyce in that matter, direct Mr David Lynd- say to my Lord Secretar ; qwho ret-arning with his answer, thocht meit ane supplicatione sould be g'me to the Lords of Counsell to obtaine charges against the said Mr Patrick, and lykewayes that the Kirk sould of their awne Cj^harges and authoritie, according qwherunto the Kirk ordaynit ane-. supplicatione to be pennit, and gine to the Lords, the morne ; and sicklyke ane charge to pass from this Assembly, chargeing the said Mr Patrick to exhibite the said booke before them, to be delyverit to *he Kirk within thrie dayes after the charge, or to schaw ane reasonabft? cause why ; and sicklyke to compear within the said space personallitfi to answer for his absence from this Assemblie, and to such other accoisationes as sould be layit to his charge, under the paine of the censui-.es of the Kirk. Sessio 3. All quarters sail resorte to the Assemblie every day, at the dew houre appoynted therto, and remaine to the end every day, undc>r the paine of the payment of ane groat, toties quoties. Sessio 4. It was thocht expedient, notwithstanding of the ordinance made yesternight against Mr Patrick Adamsone, for delyvering of the Register, That before the same be put to executione, ane humble supplication be made to the King's Majestic for that eifect, qwhilk the breither desyrit Mr David Lyndsay and John Duncansone to forme. Forsuameikle as there hath been ane matter of grief conceived be the King's Majestie againes Mrs John Cowper and James Gib- sone, movit privilie to the Moderator ; It is thocht expedient be the haill Assembly that the said cause be first privilie treattit and considerit be the Laird of Dune, Mrs Peter Blackburne, Johne Porlerfield, Thomas Buchanane, David Lindsay, Nicoll Dalgleische, and David Fargysone, qwham the Assembly nominat to travell, reasone, and conferre with the saids pairties, and to sie if they can 516 BOOKE OF THE UNIVERSALE [1587. take up the matter be their own advyce, utherwayes to propone the same to the full Asserablie, that the matter may be heard and rea- sonit there ; and to that effect, ordaynit the saids brethrene to pass out of the Assemblie, and the saids Mrs John and James to passe with them. Seeing his Majestie is nov of perfect age, and ane Parliament is appoynted in the next moneth ? It is thocht expedient that the acts of Parliament made be oure Stveraigne Lord, his Heines' prede- cessor and Regent for the tyme, Tor the libertie of the trew Kirk of God and Christ's religione presently professit within this realme, and for repressing of Papistrie a.nd Idolatrie, collectit together and craved to be confirmed ; and lykewyse the executione of the saids acts may be considsflt, and what order aither excommunica- tione or law shall be desyrit against the saids Papists and Idolaters, as also such laweg and constitutiones as are made to the deroga- tione of the s^id libertie, or to the prejudice or stay of the course of the Evaiigell, may be likewise collectit, to that effect their abro- gatione jjiay be sought : Qwhairunto they nominat the Laird of Dun, y^rs Robert Pont, NicoU Dalgleische, David Lyndsay, and Paull iFraser. Sessio 5. The Commissione gine in the last Assemblie to the Presbytries of Glasgow and Strivilling, anent Mr David Cunnynghame, con- /' cernyng the sclander of adnlterie with Elspeth Sudderland, or any uther persone, is continued. Anent the diverse and grievous complaynts of syndrie breither against Mr Patrick Adamsone, Bischop of St Androis, at qwhais / instance he is registrat at the home for non-payment of their sti- / pends assignit to them, and specially of Mrs William Strang, David Spense, Adam Johnstoune, and uthers, of the sclander that he lyes at the home for not furnisching two gallons of wyne for the com- munione : This matter being heavilie regraitit to the King's Com- missioners, promise was made be the Pryoi' of Blantyre to commu- nicat the matter to the rest of the King's Majestie's Commissioners, qwhais advyce for redress heirof he should report to the Assembly. As to the regraite of some breither, that pairtly be his rebellione and lying at the home, pairtly be his suspensione, some divisione ryses, that certaine resorts not to his sermones nor to the adminis- tratione of the sacraments made be him or uther sarvice, as humi- / / 1587.] KIRK OF SCOTLAND. 317 liatione — uthers repairs thairto — so appeares some divisione qwhilk wad be redresst : The breither thinks meet, that, before they enter herein, some answer be reportit to the former complaint. The matter of Mrs John Cowper and James Gibsone, be the votts of the Kirk, was committit fully to the Moderator and Assess- ors to conferr, consult, advyse, and, if they may, conclude and put finall end thereto. Sessio 6. His Majestie's Commissioners being present, thocht meit, because Mr Patrick Adamson's matter is civil, qwherin the King's Majestie hes interes, that his Grace sould be forwarnit, qwhilk the Kirk pro- mised to doe. Anent the doubt proponit, if it be sclander to a Christiane to ab- sent himselfe from the sermones, ministratione of the sacraments, or uther godlie exercises used be such as lyis at the King's Majestie's home, and are suspendit from all functione of the ministrie? The Kirk answers, that there is no sclander in this cause, but be the contrare, it is sclanderous to a Christiane to resort to the exercises forsaid of such ane one as they know to be at the home, and sus- pendit from all functione of the ministrie. Sessio 7. Anent the supplicatione gine in for Gilbert Lambe and certaine in company with him presently keepit in prisone in Citde in Spaine for the testimonie of the truth : The Assembly ordaynes the breth- ren of the ministrie universallie to recommend in their prayers the said Gilbert in particular and his companie in generall to God, and to crave their dely verance, if it be his pleasure, or ane finall perse- verance and constancie to the end in the trew profession of the Evangell. Sessio 8. The breither of the West having admittit the Bischop of Glas- gow to the temporalitie, the Ecclesiasticall Jurisdictione being de- volved be him in the Kirk's hand, and having receivit his obligatione thair, in caice the Generall Assembly sould not allow of such ad- missione, the same sould be undone ; The haill matter being weyghit be the full number of the breither, they universallie concludit the said forme of admissione to be unlawfuU, and ordaynit the brethren 31S BOOKE OF THE UNIVERSALL [1587. admitters, to urge him performe the heids of the said obligatione, anent the undoing and annulling of the said admissione. Sessio 9- No ministers of colledges or schooles shall receave in their col- ledges or schooles, any student or schollar, being of maturitie of age, quho refuses to subscryve the trew Religione presently establisched and professt, be the mercy of God, within this realme, or refuseing to participat the sacraments, under the paine of the censures of the Kirk ; and farther, before any student be promovit to any degree in the universitie, that they shall, toties quoties, as they shall be promovit, subscryve de novo, utherwayes their promotiones to be stayit, under the paine forsaid ; and that the presbytries be diligent to sie the executione of this act, as they will answer to God. The Kirk, within this realme hesadvysit and found good, that the Presbitries, together with the Commissioners in all the pairts of the countrie, and every ane of them for their awne pairts, prescry ve to every young man that is minister within such anePresbj-^trie, ane pairt of Scripture, together with ane pairt of the commone places and contravertit heads of Religione, to be diligently read, considerit, and learnit be him, within such ane space of tynie as the Presbytrie thinks good to appoynt him ; and that his diligence may the better appear unto the fruit thereof, at certaine tymes of the year, euery Presbytrie being convenit, take ane count of the young man of his trauells, be requyring of him in the pairt of scripture prescryvit to him — first, the soume and deductione thereof in nianer : 2, The solid sence and meaning of these places qwhilk are most difficult to be understood : 3. A coUatione of the sentencesqwhilk by reading he may be able to gather out of that part of scripture ; the qwhilk arguments may either serve to confirme the truth, or else to refute hereticall opiniones. As for the pairt of commone places and heads of religion prescryvit unto him, let him be ready to answer to questionyug and reasoning to the head tliereupone, and so to be exercit in this kynde, not for a tyme only, but from tyme to tyme, qwhill he come to certaine maturitie and solidness in the scripture of God. ' Sessio 11. Anent the supplicatione made in name of the towne of Hadding- tone, lamenting the away-taking of their presbytrie againes the or- 1587.] " KIRK OF SCOTLAND. 319 der of the last platt made be the General! Kirk : The Assemblie exam- ining the causes of the removeing thereof be the contrare, and find- ing the occasione thereof to haue beene for lacke of obedience and want of discipline, hes, at the earnest sute and craveing of Mrs Nicoll Hay and John Ker, Commissioners for the said towne, restorit the said Presbytrie, with condition and promise, that if there be not better order and discipline keepit be them in time comeing nor hes been heretofore, that the samen shall be removit, &c. The Kirk resolves that particular sessions of kirks and congregationes are, and should be subject to their presbytries, as hes been accordit of be- fore be the act of the Assemblie. Sessio 12. William Chillane, reider at Auchtertoole, depryvit from his office and functione in the Kirk, in tyme comeing, for marrying William Kirkaldie, alias Ker, Laird of Grange, with Mistres Elizabeth Lyone, intra privatos parietes, without proclamation of bands; and, notwithstanding that Elspeth Leirraonth, daughter lawfull to Sir Patrick Leirmonth of Darcie, Knight, made lawful impediment in the Kirk of Glames. Sessio 13. Mr Robert Pont was recommended by the King's Majestic to the bischopric of Caithness : The said Mr Robert, for cleiring himself of sclander, declareit, that for some loss and hurt done to him, in his trauell after diverse suits, gine in be him to the checker, this presentatione, without procurement of him, was put in his hand ; and if the living might be brookit with safe conscience, and without sclander, desyreit their judgement, being desyreit to be minister at Dornoch, and to take visitatione ; botbe command of the Kirk and for his office and charge, brook the living only ? The Kirk referrs the answer to be gine to the King heiranent, to be advysit upon be Nicoll Dalgleische, Peter Blackburne, and David Fargysone, with the said Mr Robert. Sessio 15. Ane letter being direct be John Duncansone, bearing the King's command to the Bischope, for delyverance of the books, at leist four of them, and that Mr George Young was stayit qwhill the saids books should be delyverit : The Kirk immedlatly directit 320 BOOKE OF THE UNIVERSALL [1587. Mrs James Nicolsone and Alexander Rawsone to my Lord Secre- tar, to the effect the samen might be presentit ; and, after their directione, and reiterat direction of their breither, Mr Andrew Melvill and David Lyndsay, Maister George Young presentit to the sicht of the Kirk ffyve volumnes of their Acts, whereof a great pairt being mankit ; and, after the sicht thereof, being redelyverit to the said Mr George : The haill brethren ordaynit aue heavie re- grate to be made to his Majestic, in article, lamenting the away • taking and mutilating of the saids books, and to crave that the samen may be restorit ; and also, that the saids books may be de- lyverit in the Kirk's hands, to remain with them as their awne Register ; namely, in respect of the answer returnit from my Lord Secretar, that his Majestie's will was, that the Kirk sould have in- spectione thereof as they have had adoe presentlie, and giue them up again. Ane letter approvit be the Assemblie, and direct to his Majestic, anent Mr Robert Font's matter : tennor thereof: — Sir, — Let it pleise your Heines; We have receavit your letter willing us to elect Mr Robert Pont to the Bishoprick of Caithness, vaickand be decease of umquhile Robert Earle of Marche, your Heines' uncle. We praise God that your Majestic hes ane good opinione and estimatione of such a persone as we judge the said Mr Robert to be, qwham we acknawledge indeed alreadie to be a Bischope according to the doctrine of St Paull, and qualified to use the functione of ane pastor and minister at the kirk of Dornoche, or any uther Kirk within your realme, qwhan he is lawfully callit, and worthy to have ane competent living appoyntit to him there- fore ; as also to use the office of a Commissioner or Visitor in the boundes of Caithnes, if he be burdenit therewith. But as to that corrupt estate or office of them who hes been termit Bischops here- tofore, we find it not agreeable to the word of God, and it hes been damnit in diverse uthers our Assemblies ; naither is the said Mr Robert willing to attempt the samen in that manner : the qwhilk thocht good to signifie unto your Majestic, for answer unto your Heines' letter of nominatione, and have ordaynit our breither to be appoyntit Commissioners to awaite upon the nixt Parliament, to conftrr with your Heines and Counsell, if neid beis, heirupone. This, after offering our humble obedience, we earnestlie wische the Spirit of the Lord to assist your Heines in all godlie affaires. From our Generall Assemblie, the 28th of Junii 1587. 1587.] KIRK OF SCOTLAND. 321 In respect of diverse conclusions of before, with the daily prac- tise and examples sinsyne, the questione being reasonit de novo, If susi)ensione of ane minister from the functione of the ministrie for a tyme, for just causes, be repugnant to the word of God, or no ? It is found that the sa'men agries with the word of God and his scriptures, and therefore the acts made thereanent before, to stand in full strength, and not to be callit back againe in any wayes. Sessio 16. It is concludit that all pastors, of qwhatsomever sort they be, shall be subject to the censures and tryell of their breither, alsweill of the Presbytries as Synodall and Generall Assemblies, concernyng their lyfe, conversatione, and doctrine ; and such as refuises the tryell and censure, that the saids Presbytries, Synodall and Ge- nerall Assemblies, proceed against them. John Erskine of Dune, Mrs Robert Pont, Andrew Melvill, David Lyndsay, Thomas Buchanane, Andrew Hay, Robert Bruce, John Robertsone, Alexander Lawsone, Robert Grahame, Patrick Gallaway, David Fargysone, NicoU Dalgleische, John Porterfield, James Andersone, John Duncansone, Adam Johnstone, Walter Balcanquall, Andrew Clayhills, and John Brand, or any thirtiene of them, were ordaynit Commissioners to the Parliament. Mr Andrew Melvill was ordayned to penne a favourable letter to the ministrie in Danskine, congratulating their erabraceing of the trewth in the matter of the sacrament. THE king's MAJESTIE's FIVE ARTICLES. 1. If any controversie be, concernyng the Bischope of St An- drois, that it be reasonit in his Majestie's presence. 2. That the Bischope of Aberdeene be not intrestis* his juris- dictione and living, but the same to be exercit be himselfe, be- cause the alleadgit sclander, qwhereby he was damnifyit of before, is sufficiently tryit and removit. 3. Concerning James Gibsone and Mr Jolin Covvpar, that they acknowledge and confesse their publick offences and sclauders against his Majestie, and satisfy therefore as he shall think good, or utherwayes be depryvit from all functione in the Kirk. • SicinMSS. 322 BOOKE OF THE UNIVERSALL [1587. 4. Concernyng Mr Robert Montgorarie, that he be receavit, without farther ceremonie, to the fellowschip and favour of the Kirk. 5. Concerning the Laird of Fyntrie excommunicat, qwhilk was somewhat extraordinary, to be null. Instructions to the Commissioners appoyntit to wait on the Parliament. 1. As concernyng the King's Majestie's Articles: In the first two, let the judgement of the Kirk be followed and notified to his Majestic. As to the third, they shall travell by all good meanes possible to prease his Majestie in this matter, and bring it in obli- vione ; and failzieing thereof, in case they shall finde any good assured hope that the Kirk's Articles shall be weill looked upone, and grantit to passe in Parliament, they shall prease to bring the matter in such ane mids as may best agrie with the honor of the ministrie, satisfying the offence of the godly and conscience of the brether themselues, against wham his Majestie hes taken offence, as may be that in speciall qwhilk his Hienes' Commissioners send in wreit to ane of the saids breither, utherwayes, if they be urgit to the Articles as it stands, they shall leave the matter haill, and frie to be tryit be the Generall Assembly. As to the 4th, they shall dispence with Mr Robert Montgomerie in some ceremonies used in repentance, in case they find his Majestie willing to remitt some- what of the rigour of his Majestie's satisfactione cravit of the two brethren, be qvham he finds his Majestie offendit. As to the 5th, concernyng the Laird of Fyntrie, they shall schaw his Majestie that the Kirk hes appoyntit certaine of their brethren to sie qwhat effect the dealling of them that was appoyntit in the last Assemblie hes taken with him, and to travell farther be all good meanes with him to bring him to repentance to the bosome of the Kirk, qwhair- by tiiat sentence may be in very deed annullit : they shall admitt nothing hurtfuU or prejudicial! to the discipline of the Kirk, as it is concliidit according to the word of God in the Generall Assembly preceding the 84 year of God, but precisely seek the samen to be ratifyit and allowit, if possible may be ; and finally, in all let God be feared, and a good conscience keepit, in procureing t!ie weill of tiie Kirk, and taking away all impediments contrare thereto. Tim next Assembly at Edinburgh, the first Tuesday of July. ISSS.] KIRK. OF SCOTLAND. 323 [FIFTY-SECOND GENERAL ASSEMBLY.] Att Edinburgh, in the New Kirk, the 6th of February 1587 [1583.] Exhortatione made be Mr Andrew Melvill. Leitts, Mis Thomas Buchanane, Peter Blackburne, Patrick Galloway, Robert Bruce, and Nicoll Dalgleische : The said Mr Robert was chosen Mode- rator, hac vice. The haill Kirk hes desyrit the King's Mdjcstie's Commissioners, the Mr of Lyndsay, my Lord Ochiltrie, the Laird of Loclilevine, and the Constable of Dundie, the Tutor of Pitcurre, the Lairds of Kylluchie, Capringtoune, Qwhyttinghame, Mr John Lyndsay, Senator of tlie Colledge of Justice, John Johnstoune, Commis- sioner of Edinburgh, Alexander Scrymgeour, Commissioner of Dundie, William Menzies, Robert Pont, David Lyndsajs Andrew Melvill, Thomas Buchanane, Peter Blackburne, and William Chrys- tisone, to concurr with the Moderator in advyseing of speciall mat- ters to be concludit. Forsuameikle as this Assembly being extraordinarly convenit for the great dangers appearing to the Evangell witiiin this countrie, qwhilks, in a part, war declared be the Moderator : It was pro- ponit in deliberationeqwhat sould be the readdiest way to quensche the present fyre of Papiscie kindlit throughout all the countrie; and because the propositione was of great weight, the Assemblie requyrit the Barrones and Gentlemen for their part, the Commis- sioners of Burrows on the 2d part, and the Ministrie on the third part, to conveene themselves apairt, advyse and propone their ad- vyce to the Moderator and his Assessors the morne, such mids as they find offerit to them ; and, for farderance thereof, ordayns Mrs Peter Blackburne and Hew FuUertone to give informatione of the evidents thereof in thair countries ; injoyning farther to the haill breither and Commissioners of the countries to give in their decla- rationes of Papistrie and Jesuites in wreite the morne to the As- semblie. Sessio 3. The advyce of the Noblemen and Barrones was presentit to the Assemblie, read, and be commone consent thought meit ; allwayes 324 BOOKE OF THE UNIVERSALL [1588. first, it seemed good that Archbald Earle of Angus, iny Lords Marschell, Marre, Ochiltrie, and Sinclare, the Lairds of Coldoun- knows, Lochlevin, the Tutor of Pitcurrie, the Constable of Dundie, Alexander Scrymgeour, John Adamsone, Mrs David Lyndsay, Patrick Galloway, David Fargysone, Robert Pont, and Peter Blackburne, to conferre with his Majestic upon the same head as they shall be advertised from the Chancellour. The AvYCB of the Noblemen, Barrones, and Gentlemen anent the purging of the land of Idolatrie and sedicious intysers. 1. That the Lawes of the countrie be without delay execute against all Jesuites, Seminarie Priests, Idolaters, and maintainers thereof, and for that effect every man, alseweel of the gentlemen as of the ministrie, here assemblit, shall, as they will answer to God, and as they tender his glory and the weill of his Kirk, giue up presently in catalogue, to the Moderator and Clark, the names of such as they know and esteem to be Jesuites, Seminarie Priests, traffiquers against religione, receivers, intertayners or mayntainers of such persones: the qwhilks names shall be gine to Sir Robert Melvill, Thesaurer, quha hes promised within 48 houres thereafter to dis- patche summonds upon them all. 2. Seeing the danger cravit be the saids persones is imminent, and the formall executione of the Lawes will requyre a longe proces of tyme, his Majestic and Coun- sell earnestly to soliscit and urged to provyde incontinent some ex- traordinary remedie for the extraordinary danger, and execute the Lawes without delay upon the chiefest of the Jesuites and thair maintainers, doing as if treasone war intendit against his owne per- sone and crowne. 3. If the Assemblie shall think expedient, the saids Noblemen, Barrones, and Gentlemen presently assemblit, shall gang togither to his Majestic, and regrait the cause of the Kirk and commonweill to his Heines, and the dangers wherein the libertie of this realme, their lyfes and consciences stands into, be the craft of Jesuites and traffiquers, qwho hes seducit and steirit up enemies, both intestine and forraigne, to bereave them of the same, and offer themselves, their lyfes, lands, and friends, to be imployit at his Majestie's pleasure, for preventing their most dangerous attempts and bloody devyses. Sessio 5. All ministers within their awne bounds war exhortit to travell 1588.] KIRK OF SCOTLAND. 325 earnestly with their parochiners, and informe them of the necessitie of the exiled brethren in France for the religione, that they may be supportit : Ordaynes Mrs Robert Rollock, Andrew Melvill, Thomas Buchanane, and Peter Scharpe, to visite the reply made be Mr Peter Blackburne to Mr James Gordowne. Sessio 6. The Lords direct to the King's Majestic reportit they had con- ferrit concernyng Papists, planting of kirks, discipline, and the poore, and receavit good answers, as, namely, that there was mair mister of executione against Papists nor advyseing, and that his Heines was glad of the soleranitie of their Assemblie, and before the discovering thereof desyrit they sould resorte to him, qwhere they should hear farther of his good will : yet because there was many particulars qwhilk under generalls, his Grace had appoyntit sax of his Counsell to conferr with so many as the Kirk on the other syde sould appoynt the morne. The Assembly nominat for the part of the Kirk, the Lairds of Wedderburne, Culluchie, Capringtoune, Ormis- toune, Whittinghara, John Johnstoune, Alexander Scrj^rageour, William Menzies, Oliver Peebles, Mrs Robert Pont, Andrew Mel- vill, David Lyndsay, Peter Blackburne. Sessio 8. The Assemblie direct the minister of Dysart to charge Mr Patrick Adaiusone to compeir personallie before them, and to crave his avvne petitione anent the supplicatioue of Mr Robert Montgorarie. The Kirk having taken consideratione of the proces laid against him, and circumstances of that matter, ffinds he may be admittit Pastor over a flock qwhere he hes not been sclanderous, provyding that he be found qualified in lyfe and doctrine. Sessio 9. The Chancellor being present, desyred the breither to wey if James Gibsone had not offendit the King's Majestic, — not only that he had uttered in his] sermone thir words following againes the King's Majestie, viz. That he weined that James Stewart and Lady Isobell and William Stewart had been the persecutors of the Kirk; but now he finds be experience that the King himselfe has been the persecuter ; as Jeroboam, for erecting of idolatrie and permitting thereof, was the last of his posterity, so he feares if he continued, he 326 BOOKE OF THE UNIVERSALL [1588. sould conclude his race — But also, that he, acknowledging to the brethrene of tlie Conferrence that he had offended his Grace, he promised to make satisfactione, and had fealed and broken promise ; for after calling of the said James, quho compeared not, my Lord Cliancellour desyred the Moderatour to put to the vote of the As- sembly if the words aboue specified were offensive : Quho, in respect that non offerit any reasone against the samen, proponit the same ternies to them, quho for the maist pairt votit affirmative, the samen words to be offensive. Sessio 10. Anent the forme of Kepentance prescryvit for adulterers, homi- cides, and uther crymes, qvvhereof the satisfactione, of before, be acts of the Kirk, was made before the Synodall Assemblie: Sieing in many pairtes of the countrie the penitents at such tymes of the year when Synodall Assemblies are halden are in lavvfull traffecking out of the countrie ; It is found expedient in tyraes comeing, qwhere Presbytries are weill orderit and establisched be judgement of the Synodall Assemblie, the saids penitents shall performe universallie throw the realrae, their satisfactione before the Presbytries, in such forme as they were accustomit before the Synodalls, utherwayes, where the Presbytries are not yet constitute be the judgement of their Synodall Assemblie, the accustomit order to be keepit. Sessio 1 1. Forsuameikle as, James Gibsone being present, was summoned be the voyce of the Moderator to be present afternoone, to hear the matter concerning him reasonit, and as it was testified be diverse of the brether, qwha satt near him, and heard, he promised to com- peir ; and yet being oft tymes callit and compeirit not, the Assem- blie finds him contumax for not compeiring, nor sending any rea- sonable excuse of his absence. Sessio 13. The Assembly present, adviseing with James Gibsone's matter, for the most part votit and adjndgit the said James to be suspendit from his office and functione of the ministrie, during the will of the Kirk. 1588.] KIRK OF SCOTLAND. 327 Sessio 15. The humble Sute of the Kirk, presentlie conveint at the Generall Assemblie, to the King's Majestie : — Sir, — Your Majestie remembers the cause of conveining tliis Assemblie at your Heines' command, qwhilk consists principallie in two poynts — ane for suppressing of Jesuits quho are enterit in this realme, and practises with their complices to subvert the sinceritie of religione, presentlie professed within the samen : ane uther to provyde such meins, that in tyme coraeing, such dangerous inter- pryses may be avoydit and eschewit. As to the first, we humbly craue — 1. That some of the principall Jesuites and uthers shall instantly be taken order with, to give ex- ampK' to the rest, viz. Mrs James Gordoune and Williame Crich- toune, quha are instantly in this toune, that they may be inconti- nent callit before your Heines and your Councill, and there to be declareit to them how thair lyves are in your Majestie's hands, for contravening your Majestie's lawes, and yet of your Grace's cle- mency, does spare ; chargeing them in the meane tyme within the towne of Edinburgh unto the tyme of the passing away of the first schippes that shall depart, qwherin they shall be enterit and send away ; and that it be denuncit, that in caice they returne at any tyme hereafter, in this realme, without your Heines' licence, the law shall be execute against them to death, without any further proces : — Next, that the Lairds of Fintrie, Glenberve, younger, and uthers excomnmnicat Papists, shall be gine up in bill, callit before your Heines and Councill, and such things layde to their charge, as they are culpable off, according to the laws and acts of Parliament, that the penaltie thereof may be execute against them, and such as are apostats from the trew religione, qwhilk ance they embracit, be callit in lyke manner and punischit. 3. That summonds be pre- sently direct against all receiptars of Jesuites, Seminarie Priests, and trafiiquers against trew religione, and lykewise to sumraond wit- nesses, be qwhais depositiones they may be convict of the crymes forsaid ; and in speciall, that such as are of the estate, and are cul- pable of apostasie or papistrie, shall on no wayes be s>ufferit un- til the tyme they haue satisfied alsweill the Kirk as his Majestie and estate : And, generallie, that all Noblemen whatsomever, without exceptione, knawne maintainers of Papists, or enterprysing any 828 BOOKE OF THE UNIVERSALL [1588 thing contrair the trew religione, shall either be put presently in ward, or exylit the countrie. Anent the planting of kirks, this is our advyce unto your Ma- jestie, that Commissioners be direct from your Majestie and this Generall Assembly to the north and south parts of the countrie, to visite and plant ministers where need requyres, suppressing of pa- pistrie ; having commissione and power alwayes of your Majestie and the Kirk to call before them, all that are su«pect of perverting trew religione, or revolting therefrae, and to doe all wther things necessar for reformatione of those partes : And because the said wark cannot pass fordward, unlesse there be provisione made alse- weli for Commissioners of the Kirk as ministers to be planted in necessare places, that certaine be deput from the Counsell and cer- taine of the ministrie, to conveen with all good expeditione, and sicht the rowmes of the thrids, that it maybe considerit qwhat may be spared to that effect ; and where the said thrids has been abused in tymes past, tosie how the samyne may be reformit, and that the act made for dischargeing of pensiones out of the thrids and super- plus, and proclamatione past thereon, may take full force. Lyke- wayes, giving power to the saids Commissioners to reforme colledges and schooles ; and where the rent thereof is abused, to put conveni- ent remedie thereto, and where it may not serve, to sie how it may behelpit, and that sufficient men be placeitin the rowmes of idle-bellies, and to depose them from the office of the ministrie, and from their benefices, all such as shall be found vnworthie or sclanderous in lyfe or doctrine, alseweill bischopes as wthers : That it wald please your Maje>tie to take some solide order that thelawes made forpunisch- ment of vyce, and Commissions appoynted thereanent, may take some good effect : And last, that order may be taken with the poore that wanders up and doune the countrie without law or religione. Grieves of the Kirk given in to his Majestie. 1 . It is an exceeding great griefe to sie Jesuites, Seminarie Priests, &c. to be sufferit to pollute this land with idolatrie, to sie prac- tisers and traffiquers against the trew religione and the libertie of this realnip to be receipt and maintained, and receipters and main- tainers of both the ane and the wther so to abound every where, and not only to be tolerat impune, but also to have speciall credite, fa- vour, and farderance, at Court, in sessione, in all their afiaires, and 1588.] KIRK OF SCOTLAND. 329 the trew word of God contempluouslie despysit be the multitude, his holy sacrameuts horribly profaned be privat, corrupt, and un- lawful persones — the discipline nothing sett by, the persones of the ministers and office-bearers shamefully abused, themselves beggerit, and their families hungerit, and yet neither the lawes againes idola- try and vyce, nor the lawes for the libertye of the Kirk dewly exe- cute, as may be seen in the particulars following: About Dumfries, Mr John Durie, Jesuite, seducing and preaching under the name of Mr William Lang, qwho, with his complices, had masse within Dumfries, before Pasche and Zoole last was : The Lord Herreis, the Laird of Kilqwhamlay, the Goodman of Drumrischie, Mr Tho- mas Maxwell, Commissioner, John M'Gie, Commissar Clark, John Bruce, merchand, John Rege, Notar, PauU Thomsone, my Lady Herreis, elder and younger, my Lady Mortoune, the Lady Twed- dall, Papists, apostates, niaintainers and profest favourers of Jesuites. Captain Horslinger does no lesse hurt in Drumfries nor the Jesuites ; no resorting to the hearing of the word, nor discipline, superstitious dayes keepit be plaine command, and controlling of the deacones of the crafts — all superstitious rytes at Zoole and Pasche — no kirks plantit sufRcientlie. In the North. Mrs James Gordoune, Edmond Hay,* Alexander MacWIiirrie, John Scott, Alexander Meldrum, Arthure Pantone, Jesuites, makes residence chieflie in Moray and Strabogy, but seduces every where in Buchane, Garrioch, Aberdeene, Marre. They repaire com- monly with Airth, Laird of Leslies, elder, Androw Harvie and his mother, Andrew Leslie of the Peill, exconimunicat for Papistrie, the Chancellor of Auld Aberdeene, and to young Glenbervie, excom- municat, where they have their house mass at their pleasure, and their publick mass erectit in the Laird of Leslie's chapell, with twa idols above the altar, and there hes married two common adulterous harlots, Andrew Proctor and Janet Wilsone, qwha wald never give obedience to the Kirk. Item, Mr Peter Blackburne is com- pellit to desist from visitatione, bee diverse charges of the King's letters, purchast be the Bischop of Aberdein. In Ross. Mr John Leslie restorit to the bishopric of Ross, in the last Parlia- ment, Mr Alexander Leslie, persone in Kinkin in Ros?, newly pro- 330 BOOKE OF THE UNIVERSALL [1588. vidit, an excommunicat Papist, in the Presbytrie of Aberdeene, Sir Donald Simsone, profaner of baptisme, and abwser of marriage. In Caithness, Tlie Earl of Sutherland, with his l^adie and friendes. Papists, vehemently suspect lately to have had masse, and contemners of the word and sacraments. In Mearns and Angus. William Dowglass, sonne to the Laird of Glenbervie, hes caused unbeset at syndrie tymes, Mrs George Gladstanes and Andrew Myllne, with armit men at their house, and lying in wait for them about their houses, and were not the relief of God and good men, had taken their lyves. In the west part of Angus, Patrick Lord Gray under proces of excommunication, Mr Thomas Gray excom- municat. Sir John Fyfe, Priest in Langforgund, David Ciraliame of Fyntrie excommunicat, James Grahame his brother a Papist, Tho- mas Abercrombie of Middel Gowrdie, haveing subscryvit, commu- nicats not, but continues ane commone reasoner against the reli- gione — a defender of Papistrie — a receiver of Jesuites. Patrick Lyndsay, brother to the Laird of Wame, ane reasonrr against the truth in every place. Mr Clark, servant to the Lord Hoome, Mr George Hetley, minister at Abernyty, cruell}'^ invadit be Thomas Boyd, and in redding of them ane man slaine. Fyf't, No resort- ing to the Kirk in man}' places: their kirks ruinous and destitute of pastors and provisione in many places. There is superstitious keeping of Zoole, Pasche, &c. The Lords of Session keeps not their ordinar dayes, Wednesday and Fryday, for calling of the ministers* actions. Mr Thomas Dowglas, minister of Logie, was cruelly in- vadit be John Forret, brother to the Laird of Forret. The Abbacie of Dumfermling gine to the Earle of Huntly, qwherunto he and the Papists with him resorts. The Bischop of St Androis continows in giving of collatione of benefices to unworthie persones, viz. Mr William Thonisone, persone of Flisk, Mr Androw Allane, viccar of Lewchars. The said Bischop withhalds from Mr David Spence ane haill year's stipend; and notwithstanding he hes beene at the home, can get no payment nor order of him. 1588.] KIRK OF SCOTLAND. 331 In Lmvthiane. Syndrie Papists, priests, confessing themselves to have said masse and preacliit papistrie in this land, being apprehendit be the Magis- trats of Edinburgh and putt in ward, are sett at libertie without any punischnient or satisfaction of the Kirk, viz. Mrs Alexander M'Whir- rie, James Settoune, John Scott, and uthers. In Merss and Teviotdale. My T.ord Hoome, the Laird of Edmestoune, with uthers princi- pal! men in the countrie, corrupt in religione, and the said Lord latting his awne kirk ly waist, and mayntaining Mr Androw Clark, enemy to the Gospell and ministers thereof: the haill people readie to revolt because they sie the Prince careless thereof, as they say. Sir John Bennet excommunicat for papistrie. The Lady Farny- hirst, the Lady Mynto, quho horribly usurpit the ministratione of the Supper of the Lord upon Pasche day with bread and water. The Lady Rydder. In Striveling. Walter Buchanane, sonne to the Goodman of Auchinprior, and a Flymis woman his wyfe, indurat Papists, and hes causit a priest lately to baptize their bairne. Helen Hay, raaistress of Living- stoune, ane malicious Papist. The Sabbath there is every where abused and profained: the kirks evill plantit ; scarcely three hes ministers. Superstitious ceremonies, pilgrimages and Christ's wells, ffasting, bainfyres, girdis, carrells, and such lyke. Mr John Cowpar having resolvit that he is willing to accept the charge of tlie congregatione of Glasgow, the Assemblie ordaynes him to be admittit be the Presbytrie thereof. Anent the disputs had betwixt Mr James Gordoune and Peter Blackburne, committit to the review of Mr Androw Melvill and cer- tain breither: The said Mr Androw reportit, That on the pairt of the said Mr James and the enemies, they find great diligence and sophistrie — alwayes praised be God for the knowledge gine to their brother, in qwhais answer they had found solid judgement and great light, to the praise of God and the overthrow of the enemies. Sessio 15. All Ministers within their paroches with all diligence shall travell 332 BOOKE OF THE UNIVERSALL [1588. with the Noblemen, Barrones, and Gentlemen, to subscryve the Confession of Faytli, and to report their diligence to the nixt As- sembly. Sessio 16. Mr Patrick Adamsone, Bischop, is convict of transgressing the Act of Conferrence, and is declareit to have incurrit deprivation fra his office of commissionarie, and Mr Thomas Buchanan placit in his rowme quhill the nixt Assembly. Ane generall fast is appoyntit universallie to be keepit the first tvva Sondayes of July : Tiie causes qvvhereof, 1. The universall con- spiracies of the enemies of the trewth : 2. The flocking hame of Jesuits and Papists : 3. The defection of the multitude from the truith : 4. The conspiracies intendit be great men against the same, intertayners of the Jesuites and Papists: 5. The coldness of all: 6. The wrack of the patrimonie of the Kirk : 7. The abundance of bloodscheds, adulteries, incests, and all kynde of iniquitie, with many uthers quhairof the particular kirks hes their experience. [FIFTY-THIRD GENERAL ASSEMBLY.] The Generall Assemblie of the Kirk conveint at Edinburgh, in the New Kirk thereof, and begune the 6 of August 1 588, quhere was assemblit the Commissioners and Brethrene. Exhortatione made be Mr Robert Bruce. Leitts, Mrs Robert Po!it, Thomas Buchanane, Nicoll Dalgleische, and James Robert- sone: Be pluralitie of vots the said Mr Tliomas was chosen Mode- rator hac vice. The Kirk nominated Mrs Robert Bruce, Robert Pont, David Lyndsay, John Robertsone, John Keith, Peter Blackburne, James Balfoure, Robert Hepburne, John Durie, James Robertsone, James Nicolsone, Andrew Melvill, David Fargysone, James Andersone, Andrew Young, Andrew i\,ilne, Andrew Hay, John Porterfield, George Gordoune, John Clappertoune, Andrew Clayhills, the Mais- ter of Lyndsay, the Laird of Lochlevine, the Lairds of Elphings- toune and Kerss, and John Johnstoune, Assessors. 1588.1 ^^^^ ^^ SCOTLAND. 333 Sessio 2. It is thought expedient that, in the frequencie of this Assemblie, the most necessar things be first handlit, concernyng the present danger imminent to the Kirk within this realme, and to the com- mon weall thereof, be the arry vail of Spaingards and Barbars ; as also the danger and decay of religione be the raritie and povertie of ministers of the Evangell : The Kirk hes thocht for their pairt ane dewtie in this behalfe, that ane fast be proclainiit the morne be the ordinary teacher in the Kirk of Edinburgh, to be continowit in the said toune the whole week. Sessio 3. Forsuameikle as, universallie throughout this realme, there is neither religione nor discipline with the poor, but the niaist part Hues in filthie adulterie, incest, fornicatione, bairnes unbaptized, and themselves never resorts to Kirks, nor participats the sacra- ments: Therefore it is thought expedient that all ministers, in their paroche kirks, shall make intimatione, and denunce to all poor that aither be parochiners or resorte to them, having women and bairnes, that if they report not sufficient testimonial! of their mar- riages, and baptizing of their bairnes, so many as hes wyfes and bairnes ; and sicklyke, where they have participat the holy com- munioiie, that they will be refuisit of their almes at the hands of all good and charitable persones : exhorting also their parochiners that they rather extend their liberality to such as be of the household of fFayth, and having discreit judgement in giving any such persones of their almes, that gives not evidence to them as said is. Anent the citatione direct to the Moderator of the Generall As- sembly against Mr Patrick Adarasone, callit Bischop of St Androis, makeing mentione, that forsuameikle as be ane act of the Presby- trie of Edinburgh it was ordaynit concernyng the marriage of Georo-e Earle of Huntlie, that his bands sould be proclainiit upon his agrieing to subscryve to certaine articles of religione profest in this realme, qvvhilk he did subscryve ; and under hope that he sould subscryve the rest before his marriage, ane inhibition was made ac- cording to the tenor of the said act, to diverse of the ministers, and speciallie to the said Mr Patrick, that nane of them sould take in hand to celebrate the said marriage, unto the tyme the said Lord Huntlie agrie to subscryve the Confessione of the Fayth, containt 334 BOOKE OF THE UNIVERSALL [1588. in the acts of Parliament ; with certificatione to them and every one of them, if tliey failzied herein, they sould be callit for disobe- dience to the voyce of the Kirk and Generall Assemblie, and pu- nischit therefore, as accords: Notwithstanding of the said inhibi- tione.theforsaidMr Patrick proceidit to the solemnizationeof the said marriage, and celebrate the same upon the 21 day of July instant; disobeying thereby the foresaid inliibitione and admonitione ; as the said citations beares : Qwhilk being callit, and tlie said Mr Pa- trick compearing be Mr Thomas Wilsone, his procurator, qwho prod'.icit ane testimonial! of his sickness, subscrivit be the doctor, Mr Robert Nicoll, and twa of his bailzies, requyring that the brei- ther wald not disqiiyit him in his sickness, they fand the said testi- moniall not to be sufficient. Sessio 5. The Kirk being informit that there is ane schip arryvit lately in this Firth from Dunkirk, suspect to be ane spie, out of the qwhilk ane man, as appears of some mark, is landit ; they, with the Coun- sell present, desyrit the provest and bailzies to man the schij), take the men and keep them qwliill his Majestic come over ; yet it is re- portit they refuise, in respect it will be ane liinderance to their traf- fique : Tlie breither thinks it meit tiiat Mrs Robert Bruce, Andrew Hay, and Andrew Melvill, pass to the Chancellour to let him un- derstand of the said answer, and offer unto liis Lordship their con- currence to request the towne. Forsuameikle as in no countrie qwhere any religione is allowit, it is permittit tliat the deid be buried in the kirks, and that albeit inhibitione hes been diverse tymes made for avoyding of that abuse, yet the acts and constitutiones of the Kirk are dayly broken : Tfiere- fore the Kirk inhibits that any persones in tyme coining be buried in the kirks, and that no minister give consent thereto, but directly oppone thereto ; certifying such persones as sliall be the authors and inbringers of the dead unto the saids kirks, they sliall be sus- pendit from the benefites of the Kirk, qwhill they make publick repentance therefore ; and the minister that giues his consent, or discharges not his conscience in opponyng thairto, sh.all be suspcndit from his functione in the ministrie : And to the effect this act may haue the better executione, supplicatione shall be made to his Ma- jestie that ane ordinance may pass be his Heines and Counsell dis- charging the said buriall within kirks, and such lyke erecting of 1588.] KIRK OF SCOTLAND. 336 tombes, and laying of troches in kirkyards, under such paines as his Heines and Counsell pleise to devyse. Forsuameikle as sen the last act of Annexatione, his Majestie hes transferrit the right of the patronages of diverse benefices, from his Heines to temporall men, as Earles, Lords, Barrones, and wthers, and hes annexit the same to tlieir lands; of qwhom some hes gotten confirmatione in Parliament, wthers hes obtainit the same sen the Parliament, and the third sort hes gotten gift of the naked patron- age alanerlie, to the evident hurt of the haill Kirk : Qwiierefore it is thocht good, that his Majestie be intreatit be earnest sutp, that the saids dispositiones authorized, as &aid is, be Parliament, may be brought back in the next Parliament, and such wthers as hes been grantit sen the said Parliament, in lyke manner may be annuHit : and in the meintyme, that it may please his Majestie to close his hands from disponing the said right of patronage, and transferring of the same from his Majestie, qwhilk remayneth as yet undisponit ; and that his Majestie will provyde that the Commissioners and Presbytries to qwhom the collatione of the saids benefices pertayns be not processit or hornit for not giving adinissione thereupone : Inhibiting in tlie meanfyme all Commissioners and Presbytries, that they on no wayes giue collatione or admissione to any persones presentit be said new patrones, as is above specified, unto the next Generall Asseniblie. Anent the supplicatione given in be James Gibsone, desyring that he may be hard to purge himself of the contumacie for non- compearance in the last Assemblie, and to repone him in his awne functione: the Kirk thought it expedient that he should declare the cause of his non-compearance before the breither of the conferrence ; quha reportit that he declareit his conscience, the cause of his ab- sence was never rebellion, slubbornes, nor evill will, but only in re- spect of the good affection he had to the will of the Generall Kirk, being informed (hat if he had compeired, and had not bein punischit, the matters of the Kirk wald be casten off: Qwhilk reasone being considerit be the breither, they thought the same sufficient to purge him of contumacie. Sessio 6. Compeirit Mr Alexander Forbes, minister and persone of Fattcr- carden, and in presence of the haill Assemblie, ratified ane promise qwhilk before he made in presbytrie, that he sould sett no tacks 336 BOOKE OP THE UNIVERSALL [1588. nor factorie of the teynds of the said kirk, without the speciall ad- vyce of the Generall Kirk ; declareing also in their presence that he hes sett nane yett; and farther promising before them, that he shall not sett in tyme comeing, nor make any right thereof to any persone, without the consent of the Generall Assemblie. Sessio 1 1. Mrs Robert Bruce, David Lyndsay, and John Craige, war di- rect to his Majestie to understand be qwhat meines the religione shall be maintainit within this realme, and continowit to the poste- ritie. Sessio 13. Forsuameikle as in default of Visiting of the North pairts, qwhere chief and greatest necessitie is, hes great inconvenience followit, al- beit no wayes in default of the breither appoyntit to that charge, but for laick of provisione and expenses, the assignatione of tlieir charges being made to be payit be the Bischop of St Androis, qwha contemptuouslie disobeys good ordour, and lyes at the home : It is not the lesse found expedient that the breither to qwhom commis- sione was given before, shall yet undertake the burden of the com- missione, their charges and expenses being assignit to them out of some readie payment, and that to this effect the Commissioners of the North, viz. Mrs John Keitli, Gilbert Garden, and Alexander Rawsone, shall travell with the Lords of the Checker, and delait the necessitie of their Visitatione, and crave the samen assignatione to be alterit, and the commissioners' payment mair commodiouslie payit. Anent the request of the Commissioner of Edinburgh, desyreing the Assembly to ratifie the calling of Mr William Watsone to the ministrie of Edinburgh : the Generall Kirk ratifies and approves the same in presence of the said Mr William, desyrand to be transportit from the said Kirk, qwhilk the Assemblie refused. All ministers and pastors are exhort it, in their sermones to delait openly the prejudice done to the haill Kirk be the spulzie of the patrimonie thereof, and publicly to disallow and oppone against the publick abusers thereof. The Generall Assemblie understanding the appearing mine and decay of the evangell, within this realme, for fault of provisione of ministers, and intertainment of schooles and coUedges, he§ thought 1588.] KIRK OF SCOTLAND. 337 good and convenient to give their Commissione, and be the tenor heirof to grant full power to Mrs Robert Pont, Robert Bruce, Da- vid Lyndsay, John Craige, Andrew Myllne, Thomas Buchanane, Androw Hay, John Porterfield, Peter Blackburne, John Duncan- sone, David Fargusone, William Strivilling, Gilbert Garden, mini- sters of the Evangell, or any seven of them, to compeir before his Majestic and Counsell, upon Monday next, or such other day as his Majestic shall appoynt, to call, conferre, and advyse upon the said head, and to craue humbly of his Majestic that the Ministers' and Readers' assignationes may be given out at Hallowmess, and that such as are already provydit of their stipends ad vitam, and uthers that are content with the assignationes alreadie made to them, be unalterit therein, qwhill they obtayne better provisione, and to that effect to travell earnestly with his Majestic and Counsell, and to re- port again answer to the next Generall Assembly of the Kirk, firme and stable. Anent the request of the Presbytrie of Dumblane, in respect of the few number and povertie of their presbytrie, to joyne to their Synodall Assembly the Presbytrie of Linlithgow : the Assemblic present has found it more meit that the Presbytries of Perth and Dunkeld shall be joynit with the Presbytrie of Dumblaine, and in ane Synodall Assembly, to be first holden in Perth, and thereafter in ony place qwhere the Synodall shall think it meitest. The Generall Assembly hes given their commissione and autho- ritie to the Presbytrie of Edinburgh, to call before them Papists and apostats who shall happen to resort to court, or to the said towne, and in speciall to summond my Lords Huntlie and Settowne, Wil- liam Schaw, John Chisholme, and Colonell Stewart. Sessio 14. According to the allowable custome observit amongst the antients of humiliatione and fasting of the pastors. The breither and Kirk conveint hes thocht meit, and be ordinance statute, that in tyme comeing, qwhen it shall please God to convene the Generall Kirk of this realme, That the first day of the Assemblic, at the place and towne where they conveine, ane publick fast and humiliatione be of the haill inhabitants thereof, alswell as of the pastors conveint, and the chair of veritie alseweell occupyit before noone in the morn- ing as at afternoone, be the ordinare pastors thereof; the tyme and houres of exliottatione made before the Assemblic, being keipit as Y 338 BOOKE OF THE UNIVERSALL [1590. of before, to the eflPect it may please God to give his blessing to the conventione and good ishew of their travells ; and because the next Asseniblie is concludit to be in Edinburgh, the pastors thereof is ordaynit to give intimatione heirof to the congregatione, the Sun- day before the said Assemblie. Anent the questione movit, If a man, convict of adulterie three- score years sensyne, satisfying the order of the Kirk be repentance, and presentit new to serve in the ministrie of the Evangell, sould be admitted thereto or not ? The Assembly answers negative, and thinks he ought not to be admittit. The next Assemblie was appoyntit to be in Edinburgh the l7th day of Junii next to come, 1589-* [FIFTY-FOURTH GENERAL ASSEMBLY.] The Generall Assembly of the Kirk of Scotland, conveint att Edinburgh, upon the fourth day of August 1590, where there was assemblit the Commissioners and Brethrene underwrit- ten— The King's Commissioners : — My Lord Chancellour — My Lord Blantyre. Ergyll. Mr Neill Campbell. Zetland^ absent. Orknay, absent. Caithnes, absent. Sutherland, absent. * 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 Juni; 1589, and 3 March 1590, and then a blank of four leaves — N.B, That Cal- derwood passes the Assembly, June 17, 1589, altogether, and gives the Mi- nutes 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 Caldcrwood, Assembly, March 1590." 1590.] KIRK OF SCOTLAND. 339 Mr Johne Innes. Mr Alexander Rawsone. Hoss. Mr James Robertsone. Morray. Mr James Keith. Mr ^ter Blackburne. Bawmff, absent, Aberdeene. Mr Gilbert Gairden. Angtis and Meirnes. Mr George Gladstaines. Mr James Douglas. Mr Patrick Lindsay. Mr James Melvill. Mr Andrew Leitche. Mr Robert Ramsay. John Dwrie. Mr John Rigge. Mr William Edmestoune. Mr William Glasse. Johne Earle of Mar. The Laird of Airth. The Laird of Kerss. The Laird of Touch. Gargunnock. John FuUartouno. William Chrystisone. James Andersone. Mr James Nicolsone. Mr George Hay. Mr John Hepburne. Mr Thomas Kay. Dunkeld. George Grahame. Striveling. Ministers. Mrs Henrie Livingstoune. William Coupar. Richard Wicht. James Smyth. Dumblane. My Lord Drummond. The Laird of Keir. The Laird of Glenneglische. Ministers. Mrs William Stirling. Mrs Andrew Young. John Davidsone. Alexander Chisholme. 340 BOOKE OF THE UNIVERSALL [1590. Perth. Mrs Archibald MoncriefF. William Rynde. Mrs Andrew Melvill. James Martine. Patrick Melvill. William Cranstoune. William Marche. Andrew Duncane. Thomas Buchanane. James Melvill. NicoU Dalgleische. David Fargusone. John FairfowU. James Steuart. Edward Mylls. The Earle of Mortoune. Lord Lyndsay. Lairds. Ballverie. Henrie Gwthrie. Fyffe. Colluchie. Pitmillie. Carabo. Balfour. Lundie, Elder. Raith, Elder and Younger. Kynneir. Abbotshall. Hallhill. Weymes, Younger. Cleisch. The Abbot of Culross. The Maister of Sinclare. The Goodman of Stravichly. Kynnaldie. James Elphinstoune. John Logane. Lowthiane. Lairds. Merchestoune. Collingtowne. Corstorphine. Braid. Dalmahoy. Carberry. James Richesoune of Smettoune. Thomas Hamiltone of Priestfield. James Hamiltone of Rochbank. Ministers. Mrs Robert Bruce. James Balfour. Robert Pont. John Davidsone. John Craige. John Brand. John Hall. Patrick Simpso Haddingtoxvne. Mrs James Carmicha,ell. Thomas M'Gie. 1590.] KIRK OF SCOTLAND. 341 Mr Thomas Greige. The Lairds of Clarkingtowne. Mr Robert Cornwall. Mr John Spottiswood. Elphinstowne. Eastchester, Junior. Lynliihgoio. George Dundass of that Ilk. NicoU Cornwall of Ballinhard. Dumbarre. William Sandersone. Mrs James Young. James Douglass, appearand of Spott. Archibald Douglass. Dalkeith. My Lord Newbottle. The Laird of Ormistoune. Robert Porteous. Mrs Adam Johnstoune. Mrs John Bennett. James Bennett. John Herries. Merss. Teviotdale. Tweddale. Mr Thomas Storie. Mr John Hoome. Robert Hyslope. Mr Patrick Gaits. Duncane Walcar. John Smyth. Alexander Lawder. Mr Adam Dowglass. Mr William Auchmoutie. Clydsdaill. Ranfrow. Lennox. Andrew Hay. Thomas Jack. Mrs David Weymes. John Hamyltoune. Robert Darrochie. Mrs Robert Lyndsay. John Lawrance. Walter Stewart. Andrew Spittall. 342 BOOKE OF THE UNIVERSALL [1590. Mrs John Porterfield. John M'Korne. Peter Prymrose. Kyle. Carricke. Chunninghame. Mrs John Inglis. John Cunninghame. Alexander Weittowne. Galloway. Alexander Stewart of Garlies. James Lydderdale of the Yle. Sir John Gordon of Lochinvar. John Neilsoune of Craculhie. Mrs James Hamyltone. David Blyth. Niniane Macklennochane. James Adamsone. Mrs James Brysone. Hew FuUartoune. Robert Lord Sanchar. Arthur Bruce. Neithsdaill. The Laird of Drumlanric. The Laird of Closetoune. James Crichtoune of Carbethe. Totvnes : — Strivelling. David Foster. William Monteith. Leith. John Kylle. Wigtowne. Sir Alexander Stewart. Mr James Adamsone. John Ahaney. Edinhurghe. William Little. Edward Galbreith.* Acta Edinhurgi, 4 Augusti 1590 — Sessio l""'. Exhortatione made be Mr James Melvill, Moderator of the last Assemblie, the Kirk proceedit to the electione of a new Moderator ; and appoynting on the leitts, Mrs Peter Blackburne, Patrick Gal- • The MSS. Minutes before cited add — " Here beginns the Fyfth Book. " 1590,] KIRK OF SCOTLAND. 343 laway, John Davidsone, David Fargiwone, Mr NicoU Dalgleisclie, the said Mr Patrick, be pluralitie of vots, was chosen Moderator hac vice : Q,\vha desyrit certaine of the learnit and grave brethren to be given Assessors to him, be whose advyce he may propone such tilings as were meitest to be treitit at this tyme, viz. Mrs Robert Bruce, Andrew Melvill, David Lindsay, Robert Pont, David Fargwsone, Peter Blackburne, Neill Campbell, William Rynde, John Duncan- sone, James Melvill, elder and younger, James Carmichell, John Davidsone, NicoU Dalgleische, James Hamiltone, Andrew Hay, Robert Rollock, Peter Primross, James Nicolsone, William Glass, qwho were appoyntit to conveine with him at ten houres the morne, and two afternoone in the Gallarie, and on wther dayes, qwhen there is no sermone, at awcht houres, and twa afternoone. Acta Sessio 2^ Eodem die. Commissioners of all countries were inquyrit qwhat they had done concerning the executione of the last act made against Papists, Jesuites, Seminarie Priests, excommunicats and their entertayners, marcats and others profanationes of the Sabbath day, non-residents, and the rest of the heids committit to the Presbytries and Commis- sioners. Sessio 3S 5 Augusti. Mr John Innes was accusit for admitting Robert Dumbar to the ministry without the advyce of the Presbytrie of Forres ; qwha an- swerit, there was no presbytrie thair the tyme of his tryall, but it was erectit before his admissione, and he did it be the advyce of the Presbytrie of Elgine, qwherein he confest he did raschlie. The Kirk ordayns the said Robert to be tryit de novo, and to be heard be the brether of Edinburgh, and presbytrie thereof, so many as shall be present, with so many as are here of the Presbytrie of Forress, and thereafter as the brether beis satisfyit, the Assembly informit farther to be proceeded againes the said Mr Johne. Sessio 4^ Eodem die. It being bruitit, that the Earl of Montrose intertained Fintrie, exc'jmmunicat, The Assembly ordaynit the Presbytrie qwhair it sauld happen him to remaine, to charge him before them, to try the bruit, and to admonische, conforme to the act of the Kirk ; and in caise of disobedience, to proceid according to the mynde thereof. 344 BOOKE OF THE UNIVERSALL [1590. Sessio 5». 6 Augusti. My Lord Angus his excommunicatione reducit be reasone of in- formalitie; and because there is sufficient cause of such censure against my Lord in the said sentence, if the proces had been form- ally led, Therefore the Kirk hes instantly desyrit his Lordship to remove the cause ; and to that efifect maist diligently caire that the Sabbath be not violat be ffaires or mercats within his owne bounds that no labouring nor carriage be wsit within the same, and that his vassalls compel! not their tennents to wse carriage on the Sab- bath, and likewise to travell with them, that they give some daj' of the week to their tennents, as to schear and lead their comes, that they be not abstractit from the kirk on the Sabbath ; Qwhaise an- swer was, that with all diligence he could, he sould travell to that effect, and at the rysing of the Lords, sould ryde home himself to Douglass, and hold a court, and make lawes and penaltie for re- straining ane violation of the Sabbath. My Lord Somerwell being present, alleadgit the priviledge of his infeftment for holding the mercatt of Carnvvath on the Sab- ba.h ; notwithstanding he condescendit that no marcat nor ffair sould be keepit their on the Sabbath ; and in caise of his failzie, the presbytrie there was commandit to proceed against him according to the act of the Kirk. Anent the lament made be the brethrene of the manifold kynds of violatione and profanatione of the Lord's day, be ganging of milnes, saltpannes, schearing and leading of cornes, carying of vic- tuall to and from burrowstounes ; The Assemblie, as of before, de- clares the same to be unfawfuU, against the law of God and acts of Parliament, and ordaynes the violators thereof to be punisclied con- forme to the ordinance made of before — discharging tlie burrows- townes from the receaving of loads and carriages brought to them on the Sabbath day. Ordaynes the presbytries to travell with the gentlemen within their bounds, to grant some week day unto tlieir tenents to that effect. And farder, for better observatione of the Sabbath, ordaynes the haill pastores here present to give in a Roll of the names of the persons quhilks may best stopp the mercats within their bounds ; to the efEect his Majestic may be requestit to interpone his autho- rity, to command the samen to them, or utherwayes to call them in caise of refuisall. 1590.] KIRK OF SCOTLAND. 345 Mr Thomas Dowglass was accusit for marriage of my Lord Er- role and his spouse witliout his owne paroche, being ane of his parochiners. Sir James Williamsone, James Logane, sometyme monk of New Abbay, excomraunicat for profaining of the sacraments. Symsone transportit from Cramond to Strivilling. Sessio 8'^. 7 Augusti. Ane supplicatione was presenlit be the parochiners of Ender- charitie, cravand ane Pastor, qwho will not in their prejudice, trans- act with the patrone of their kirk my Lord Crawfurd, and sell their teinds over their heads, and that no persone be admittit to the said benefice bot such as shall interdyte himself either to the provincial! Assemblie of Angus and Meirnes, or then to the Presbytrie, qwhilk shall happen to try him : And they desyre ane commission to be given to the Presbytrie of Dundie to that effect, in respect non patet tutis accessus to the Presbytrie of Brechine, and the paroche is neirer to Dundie. The Assemblie, after advysement heirof, ordaynes the brethren of the Presbytry of Brechine, or such as they shall direct of their number instructit with their commissione, together with the Pres- bytrie of Dundie, to concurr together with the Towne of Dundie to the tryall of the persone qwhilk shall happen to be presentit be the said Lord, and before they give him any admissione, that he be sworne and interdytit that he shall on no wayes sett tacks or make light of the saids complainers' teynds to no manner of persone, with- out the speciall consent of the Generall Assembly had thereto, ac- cording to the acts of the same, and lykewise give his speciall con- sent that the said interdictione shall be published, utherwayes not to admitt him in any wayes. In presence of the King's Majestic, the Moderator exponit to his Grace three speciall articles, qwhilk the Kirk hes to crave presently at his Heines hand, viz. The ratificatione of the liberties of the Kirk ; — the purging the land of Jesuites, PapistSj Seminarie Priests, abusers of the Sacraments ; — and last, provisione of every kirk of ane sufficient pastor ane sufficient living : To the qwhilk his Ma- jestic answerit, That in all Parliaments, first the liberties of the Kirk are ratified. His will they knaw concernyrig Papists and Jesuites, and how earnest he is to purge the land of all such. As to the provisione, he hes but his awne part : many moe hes interes 346 BOOKE OF THE UNIVERSALL [1590. therein ; desyreing that they wald cause Mrs Robert Bruce, David Lyndsay, Robert Pont, and the Moderator's selfe, to await upon the Councill for answering thereof, and conferring with the Counsell thereanent, qwham the Assembly nominat to that effect. Humble Petitions of the Generall Assemblie cravit at his Ma- jestic and Honourable Counsell. First, That in respect that many things hes been promised be- fore, and no executione following thereupon, that now performance may be thereof, and the speciall declaratione of the meine and per- formance thereof. Item, A ratificatione is cravit of all Lawes that hes been made for the weill of the trew Kirk, together with ane new act of Parliament especially establisching the Kirk's jurisdictione, their Generall and Synodall Assemblies, Presbytries, and Discip- line ; and all acts made contrare to the libertie and jurisdictione of the said Kirk preceeding the date heirof to be abolisched : and qwhill ane Parliament may be had, the said act to be constitut in Counsell and Conventione of Estates, if any shall happen in the meantyme to be halden. The purging of the Kirk and country of all Jesuites, Papists, Seminarie Priests, and excommunicats — ane law for repressing and punishing of the abusers of the holy Sacraments — ane law and meine whereby ministers may be possessed in their gleibs and manses, and peaceably enjoy them, and the contraveeners maybe repressit and punished. Ane order for them that were at the Bridge of Die : ane law and ordinance for keeping of the Sabbath : ane law and ordinance against them that troubles or hurts ministers gangand to ther kirks and executing their offices : ane strait law for repressing of the bloodsched and murder in the countrie and all the quarters thereof, and that the same may be purgit of the samen. That all kirks within this countrie be sufficiently plan tit with ministers, teachers, and uthers necessare office-bearers, and sufficient stipends appoyntit to them for serving of their cures, of the best and readiest of the teynds and uther rents mortified to the use of the Kirk, and the haill rest to be employit upon Colledges, bringing up of the youth, and sustentatione of the poore, the fabrick of the Kirk, and uther common affaires thereof. 1590.] KIRK OF SCOTLAND. 347 Sessio 9*. 8 Augusti. My Lord Angus gave in ane supplicatione desyreing command to be given to the Presbytrie of Lanerick upon his presentation to the personage of Carmichael, qwhairof he is patrone, to giue ad- missione. The Kirk ordaynes the Presbytries of Lanerick and Glasgow to concurr together for decyding and taking order finallie therein. Sessio 10 . Eodem die. Forsuameikle as it is certaine that the word of God cannot be keepit in the awne sinceritie without the holy discipline be had in observance : It is therefore, be common consent of the haill brethren and commissioners present, concludit. That qwhosoever hes borne office in the ministrie of the Kirk within this realme, or that pre- sently beirs or shall hereafter beir office therein, shall be chairgit be every particular Presbytrie qwhere their residence is, to sub- scryve the heads of Discipline of the Kirk of this realme, at lenth sett downe and allowit be acts of the haill Assemblie in the Book of Policie, qvvhilk is registrat in the Register of the Kirk — and, namely, the contraventit heads be the enemies of the Discipline of the reformit Kirk of this realme, betwixt and the nixt Synodall As- semblie of the provinces, under the paine of excommunicatione, to be execute against the non-subscry vers ; and the Presbytries qwhilk sail be found remiss or negligent herein to receive publick rebuke of the haill Assemblie : And to the effect the said discipline may be knawne as it oucht to be by the haill breither, it is ordaynit that the Moderator of ilk Presbytrie sliall receave from the Clark of the Assemblie ane copie of the said Booke, under liis subscriptione, upon the expenses of the Presbytries, betwixt and the first day of September nixt to come, under the paine to be openly accusit in face of the haill Assemblie. It is thocht meet and concludit be the Assemblie, qwhair the Pres- bytries are weell constitute, that the order of Commissioners of countries shall cease, and ane act to be advysit heirupon against the nixt meeting on Monnonday, qvvhereas every Presbytrie shall have ready the name of sucli as they shall think meet, for their Presbytries to expede the platt for their kirks, admitt persones pre- sentit to benefices, and designe manses. Anent the prejudice done to the Kirk be bencficit men, qwhilk 348 BOOKE OP THE UNIVERSALL [1590. stands in twa sorts, viz. those within the ministrie, and of uthers beirand no fiinctione therein : The Kirk ordaynes the acts of the Assemblie to be considerit and sichtit againe Mononday next, that it may be seen if there be any act concludit against these persones, qwhilk are not of the functione of the ministrie. Sessio 11". 10 Augusti. John Liverance, for his rasche excommunication of the Earle of Angus, was ordayned to confesse his offence to God and to the said nobleman, in presence of the congregatione on ane Sabbath day, at the kirk where the said sentence was pronuncit ; and the sentence reduceing the said proces to be publicklie intimat be ane brother in audience of the congregatione. Sessio 12*. Eodem die. Robert Dumbar his admissione to the ministrie without the ad- vyce of the Presbytrie of Forres, was found null, and rescindit be the haill Assemblie. Anent the examinatione before the communion: It is thought meet for the commone profite of the whole people, that ane uni- forme order be keepit in examinatione, and that ane schort forme of examinatione be sett downe by their breither, Mrs John Craige, Robert Pont, Thomas Buchanan, and Andrew Melvill, to be pre- sentit to the nixt Assemblie. Sessio 13^ Augusti 11. Forsuaraeikle as it beand the commone consent of the haill brei- ther of the Assembly, resolvit. That qwhere the presbytries are weell and orderly constitute, the yearly electione and nominatione of Commissioners over countries hitherto custoraablie observit in the Assemblie is not necessare nor expedient, the saraen presbytries having establischit in their awne selfes ane sufficient power of their awne number to send out instructit with their commissione joro re nata to take order with such things as falls out in their bounds : Therefore it is thocht meit and universallie concludit, that the said yearly electione of Commissioners over countries qwhere presby- tries are weell and sufficiently constitute, shall ceise in tyme com- ing, and qwhairof before, the said Commissioners biire the charge, to inroll the ministers and their stipends at the platt, receive pre- sentationes, and give coUatione thereupon, designe manses and 1590.J KIRK OF SeOTLAND. 349 gleibs ; that the saids weill constitute presbytries, ilk ane of them, shall yearly, ay and qwhill the necessity thereof craves, elect and chuse out of their awne number, ane brother in name of the haill presbytrie, for inroUing and expeditione of their stipend at the platt ; authorisit and instructit be them, with comraissione subscryved be the Moderator and Clarks of the presbytrie to be schawne and pro- ducit to the modifier, and the samen Commissioners to designe manses and gleibs within the bounds of the said presbytrie, and in all things concernyng the exeeutione of his commissione, to be comptable and subject to the censure of the judgement of the pres- bytrie, qwhom frae he receavit the same ; and that all presentationes be direct in tyraes coraeing to the presbytries qwhere the benefice lyis ; alwayes in admissione or deprivatione of Ministers in Buchane, Aberdeene, Garrioche, and Marre, that Aberdeen and Buchane pro- ceed with mutuall advyce in admissione and deprivatione of mini- sters, and lykewayes Marr and Garrioche, with mutuall advyce of wthers ; and in caice of variance the matter to be committit to the Assemblie. Anent the supplicatione given in be James Hering, desyring the Kirk to call in William Blair, and to trauell with him to giue his consent to the marriage of Agnes Blair his daughter, and if he had not cause of refuseall, to giue command to the minister of the pa- roche to proclaime their bands and compleit their marriage, notwith- standing qwhatsomever ordinance made be them of before : The Assemblie haveing heard both the saids parties. Finds that the said James hes not yet satisfyit their ordinance, and therefore ordaynes him to delyuer peaceablie in the hands of the magistrates of Perth, the said Agnes to be delyverit to her father, upon conditione and securitie lx> be tane be the magistrates forsaids for her securitie, or failzieing of the said security, to be delyvered be the saids magis- trates to her good father betwixt and the first day of September nixt to come, under the paine of excommunicatione, to be execute against him be the Presbytrie of Dundie, upon the advertisement made to them be the Presbytrie of Perth, before qwhom, after her delyverance, the saids father shall prepare his reasons of refuseall to be judgit be them ; and in the meanetyme, discharges all mini- sters of proclaraatione of the saids bands, or completing of the said marriage qwhill the said cause be tryit, and delyverance made, as said is. 350 BOOKE OF THE UNIVERSALL [1590. Sessio 14*. Eodem die. Forsuameikle as it is considerit that the patriinonie of the Kirk hes bein waistit be such as are clad with benefices, qwhilk is the occasione of laike of provisione to the ministrie ; Therefore, all presbytries are coraraandit to try the beneficit men within their bounds, and to examine in qwhat estate and conditione they re- ceavit their benefice, and in qwhat condition they are in presently ; — as also qwhat they now were that sett tacks and titles of their benefice, or any pairt thereof, without consent of the Generall As- semblie ; and to report to their Synodall Assemblies, what they have found, and alse the said Synodall to try where any thing is neglectit be them, and report to the Generall Assembly. Because great sclander lyes upon the Kirk throw manifold murthers, notorious adulteries and incests, and the parties being under proces, oft tymes evites the Kirk, and chyftes from place to place, qwhairthrough the proces cannot weill be brought to a finall sentence; dureing all the qwhilk tyme the sclanders continows and increasses : Queritur, quhither pairties falling into such horrible and odious crymes maysummarly, upon the notorietie of the cry me, be excommunicate or not ? Answerit to the said questione affir- mative. Sessio 15*. August! 12. According to the directione of the Kirk for the restraining mer- cats, and profanatione of the Sabbath day, within Edinburgh, be ganging of their millnes, receaving of loads within their ports, sell- ing of flowre and fructuages, and suche other violatione of the said day : The Baillies of the said burgh having direction from the Counsell, declareit that the mynde of the Counsell is, notwithstand- ing of qwhatsumever difficulties, to doe qwhat may be in their power for removeing thereof, that all the rest of the burghes shall take no sclander be them. Sessio 16. Eodem die. Ordaynes the brether of the Presbytrie of Edinburgh to peruse the answer sett out be Mr Craige, against ane pernicious wryting put out against the Confessione of Fayth, together with the preface made be Mr John Davidsone, and if they find meit the samen be publisched, that they may be committit to print. 1590.] KIRK of SCOTLAND. 351 Sessio 17^ August! 13. Forsuaraeikle as the dangerous insurrection made at the Bridge of Die being considerit to have notoriously iniportit speciall preju- dice to the trew religion, publickly profest and establisched be the mercy of God, within this realme, Nottheless the speciall authors and interprysers of the same remaining under the said sclan- der, hes never meinit to purge themselves thereof, be confessione of their offence, and satisfying the Kirk of God therefore ; The Ge- nerall Assembly for this cause, presently conveint, hes given their full power and commissione to the breither of the Presbytrie of Edinburgh, with the concurrence of ane of the King's Majestie's ministers, viz. Mrs Robert Hepburne, William Sandersone, Mrs James Carmichaell, Thomas M'Gie, George Ramsay, Adam John- stoune, James Law, John Spottiswood, — to summond before them in Edinburgh, the Earles, Lairds, Barrones, frieholders, qwhilks were at the said insurrectione, and speciall traffiquers and counsellors to the said noblemen, and to charge them to acknowledge and con- fesse their offence against the trew Kirk of God and his religione, and make satisfactione for the sclander comraittit be them there- through, under the paine of excommunicatione ; and that betwixt and the first day of February nixt to come : referring to their dis- cretion the particular dyetts and order of proces to be keepit there- in ; provyding alwayes that this commissione be execute betuixt and the said day — requyring their brother, Mr John Craige, to re- member this matter to the saids Commissioners, as he would eschew the blame of the breither in caise of his negligence. Anent the provisione of the Generall Visitors direct to the north and south pairts, as also Commissioners to be nominal to their pres- bitries : The breither nominat to the said platt be the King's Ma- jestie, are ordaynit to trauell with the modifiers, that the Com- missioners of the Kirk may be provydit, and assignationes gtven for that effect. 352 BOOKE OF THE UNIVEllSALL [1591. [FIFTY-FIFTH GENERAL ASSEMBLY.] The Generall Assembly of the Kirk of Scotland, conveint at Edinburgh, in the New Kirk thereof, the 2d day of July in the year of God 1591. Sessio l\ July 2. Exhortatione being made be Mr Patrick Gallavvay, last Modera- tor, the Kirk proceidit to the election of ane Moderator for this tyme ; and putting on leittsMrs Nicoll Dalgleische, Patrick Scharpe, James Balfour, and John Davidsone, the said Mr Nicoll, be plural- ity of votes, was chosen Moderator. Sessio 2^ Eodem die. Forsuameikle as the alteration of the place of the Assemblie may move some breither to cast ane doubt of the authoritie of this As- semblie : The Kirk hes votit that there was ane reasonable and weighty cause of the alteration thereof, and that nothing is done in prejudice of their act— the speciall cause being the desyre of his Majestic, qwho, for sundrie reasones, willit the Assemblie to be keepit here at this tyme, qwhereof if any breither wald be satisfyit further, the breither on the conferrence shall resolve them ; and that this is ane lawfull Assembly, notwithstanding the alteration forsaid. Sessio 3^ July 3. Ordaynes ane article to be given to the King and Couusell to take order with the cuUorit and vagabond Egyptians, qwhilk defyles the countrie with all manner of abominatione. Anent the act made in the Assembly concernyng beggars : It is demit expedient that the samen be publischit in every paroche be the minister thereof, and put to executione be the pastors alse far as concerns them, as they will be answerable to the Kirk. Sessio 4". July 5. Anent the subscriptione of the Book of Policie, injoynit in the last Assembly : In respect the greatest pairt of the presbytries as yet hes not satisfyit the ordinance of the Kirk, the Assemblie hes 1591.] KIRK OF SCOTLAND. 353 ordaynit the former act to 1)0 obiorvit and execute betuixt and the next Assemblie, and the Moderator of everie presbytrie to sie to the executione thereof, under the paine of forty shillings, to be imployit to the use of the poore, besyde the open rebuke in the open Assem- bly. Anent sacriledge universallie reigning throw the whole realme : Seeing it is commonly esteeniit no sinne, and is unknawne to many for the maist part : It is thocht nieit that some trauell be taken be some godly breither, to sett downe and draw that monster unto the awne coUours, and therefore desyres their brother, Mr Robert Pont, to take paines in that subject. The Kirk present lies willit their breither, Mrs Robert Bruce,-Da- vid Lyndsay, Peter Blackburne, Andrew Melvill, Robert RoUock, Thomas Buchanan, James Carmichaell, John Davidsone, and John Jolmstoune, or any three of them, to peruse and visite the said Mr Robert his Treatise, and to give to him their judgement therein, to the effect the samin being perfytit, may be put in mundo, and pre- sentit againe to the full Assembly, that they may giue their opinion therein. Sessio 5\ Julii 6. Forsuameikle as the order observit of before, in giving power to certaine of the breither nominat thereto, to read and answer to the Bills given in to the Generall Assemblie, it appeares to some breth- ren to be inconvenient and derogatorie to the provinciall Assem- blies, speciallie in that far as the matters qwhilk are thocht doubt- some to them and referrit to the full Assemblie, are coraniittit to the decisione of fFour or fy ve brethren : It is thocht, therefore, expedi- ent in tyrae coming that certain brether be chosen and namit be the Assembly, who shall have power only to take in the supplica- tiones and complaints qwhilks are to come before the full number, read them, and consider if they come in pertinently before the Generall Assembly ; and if they be impertinent, to giue them an- swer on the back of the Bills; and qwheneas they are pertinent, to bring them back to the haill Assembly to be answerit therewith, their opinion in word, qwhat they have considerit thereof, and where they think meit to be answerit. Sess. 10'. July 8. Anent the questione proponit — Whether they who usurpes the z 354 BOOKE OF THE UNIVERSALL [1591. names of Bischopes, and have been sometyme in the ministrie, and now will neither serve the kirk themselves qwhereof they take up the fruits, neither pay the stipends of them that serves as they are appoyntit be the platt, there being sufficient rent to doe the same, but spend the same in profane uses, aught to be censurit be the Kirk ; and if they will not amend, be excommunicat ? It is an- swerit — Such persones aught to be censurit be the Kirk — and if they amend not, to excommunicate them. Session*. Eodem die. Compeird my Lord Provand, President, with my Lord Culross and Barnbarroche, and in name of the haill Sessione declareit, that they understood that my Lord of Halgairds, ane of their number, was yesterday callit at the instance of Mr Patrick Simpsone, for calling him before them, ane suborner ; qwhilk matter indifferently depends before them, being ane civill cause and proper to their cog- nitione, and qwhereunto the Kirk is not judge ; desyreing, there- fore, that the Kirk sould not proceed in their judgement thereupon until the said cause before them took end, qwhereon, so diligently as was possible, they were proceedipg, and that they sould doe nothing to the derogatione of the priviledge of the College of Justice. After they were removit and the Kirk advysit with their peti- tione, being callit in againe, The Assembly answerit, they wald doe nothing to hurt or derogate to their priviledges, nor yet proceid or judge in any civill matter ; but in this cause, being chiefly occu- pied in purgeing the members of their awne bodie, qwhilk is ecclesi- asticall, they micht judge without any prejudice to the civill judge- ment, desyrand the Lords as they wald not hinder nor wish the hinderance of their judicature, so they wald not think evill that the Kirk proceeded in purging of their awne bodie and meddling ec- clesiasticallie. Sessio 13. July 9- Anent the foresaid matter, the Assemblie, after grave reasonyng had, if it was expedient to proceed in this cause before the Lords of Session had giuen their decisione, thought meit that my Lord Justice Clark sould be demandit if he acknowledged the judgement and jurisdictione of the Kirk or not? Q.wha being callit and in- quyrit as said is, answered, that he acknowledgit with reverence the judgement of the Assemblie in all causes appertayning to them : 1591.] KIRK OF SCOTLAND. 355 But in this cause, qwhilk is civill, qwliereunto the Lords are prima- rio JudiceSf before qwhom also it presently depends, they cannot be Judges primario. After the qwhilk answers, being removit, and the Kirk farther advysit, calling his Lordship in againe, they pronuncit that they fand themselves Judges primario in this cause, and instantly to proceed therein — requyring hira what farther he wald alleadge or propone for his defence in the said cause : wha took instruments of their interloquitor, protesting for remead of law ; qwhilk protesta- tione, because it was made verbo, and contaynit many heads, he was desyrit to give into the Clerk in write. Sessio 12. July 15. Anent the act of the Lords of the Chekker, proceeding upon ane supplicatione made be the breither of the ministrie to them, daited at Halyrudehouse the tenth day of February 1591, declareing their meaning to be, that all ministers that hes vitiat any benefices of cure, in haill or in pairt, be purchasing unto themselves, thair airs, and assignays, lang tacks of the samen within the worth of the saids benefices, be compellit be the censures of the Kirk to restore them againe to thair awne integritie to thair ministers presently serving the cure ; and to that effect requyres the Generall and Synodall Assemblies, Commissioners, and Presbytries of the bounds quhar the saidis benefices lyis, to take tryall of such persones, and to pro- ceed against them as said is, in most strait forme, according as such a great anormitie in ministers craves, ay and qwhill they have redin- tigrat the benefices qvvhilks hes been corrupt and vitiat be them as said is, but any farther process of law to follow thairupone ; as the said act, subscrivit be my Lord Chancellor, Newbottle, Sir Robert Melvill, Parbroth, Blantyre, Carmichaell, Linclouden, Colluthie, and Mr Patrick Young, beirs : The Generall Assembly of the Kirk being advyseit therwith, allows and approves the said act and ad- vyce of the said Chekker, and ordaynes the same to be put in execution in every Presbytrie, according to the tenor thereof. Sessio 16. Eodem die. The Assembly ordaynes universallie, that the acts of discipline conteint in the acts of Generall Assembly, be keepit, alsweill in Angus and Mearns as in other places. 356 BOOKE OF THE UNIVERSALL [1591. Sessio 17. July 13. Forsuameikle as it being deeply considerit be the Kirk, that many things have been done by them, and be uthers pretendand the name and title of the Kirk, greatly prejudicial! to themselves, their discipline, and also the patriraonie and living of the Kirk, and that be priviledge of good lawes, it is grantit and h^sum to them to remead themselves be revocation thereof; Therefore the haill As- semblie, after grave and mature deliberatione, hes revockit, and be thir presents revocks, all and quhatsumevir thing done be them, or others cloathing them with the name and title of the Kirk, prejudi- cial! to themselves, tlieir discipline, patrimonie, and living, as being enormlie hurt thereby, and protests according to the disposition of the said law, solemnit as they may be heard in tyme and place to seek remedie heirof; and for mair speciale expressing and mair par- ticular declaratione thairof, hes willit tlieir brethren, Mrs Robert Pont, David Lyndsay, Robert Bruce, and Andrew Melvill, to con- ceive in write the forme thairof; the copie qwhairof ilk Presbytrie is ordaint to receave, and to give command to the pastors within their bounds, to intimat the said revocatione made in this Assem- blie from tlieir pulpits. Anent the forme of examinatione before the communione, pen- nit be their brother Mr Craige : tlie Assembly thought it meet to be imprintit, being be the author thairof contractit in some schorter bounds. Humble Petitions of the General! Assembly of the Kirk, cravit of his Majestic and Council!. It is cravit that the acts of Parliament made for suppressing of the inormities following may be put to execution : ffirst against Jesuites, such as Mr James Gordowne, and the receipters of them ; and excommunicants, such as the Laird of Fintrie and the Master of Angus, profainers of the sacraments, priuate men and women givers thereof, idolaters, pilgrimagers, papistical! magistrates, say- ers and hearers of masse, givers of the sacraments according to the papistical! forme, and receavers of the samen, committers of apostasies, publick mercats upon the Sabbath day, violent invaders of ministers be strickeing of them or be schedding of tliair blood, profaining of the Sabbath day be Robin Hood's playes, murtherers and bloodshedders, qwhilks overflow the whole land. Item, That 1592.] KIRK OF SCOTLAND. 357 the ministrie plantit be sufficiently provydit, and also that ministers may be provydit of sufficient living to the kirks implantit. Item, The act of annexatione to be dissoluit ; The^new erectiones and pa- tronages dischargit ; The act of dissolution of prelacies and bene- fices, consisting of niae kirks than ane, be ratified and establisched : The act of February without exceptione ; The aucht of July eikit to it may have place ; that small benefices disponit to ministers may be free of all taxations ; That Manses and Gleibs be designit of Kirklands, Abbays, Freir lands, and qwhatsumever Kirk Lands ; That Manses and Gleibs have their liberty of fFoggage, fewall, and pasture; Tiiat commone kirks be disponit to ministers serving the cure : That every kirk be provydit of ane sufficient pastor, and ane competent living assignit to him for his service. The Generall Assembly of the Kirk giues full commissione and power to their lovit breither Mrs Robert Bruce, Robert Pont, David Lyndsay, with his Majestie's Ministers, to present unto his Grace and Councill, humble Petitions and Articles of the Kirk, and wiili all reverence and numilitie to crave answer thereof, conferre and reasone if need be thereupon, and to report'answer to the nixt As- semblie. The Generall Assembly of the Kirk is appoyntit at Aberdeene, the 17 day of August 1592, in caice ane Parliament interveen not; in the qwhilk caice, the brethren being advertised thereof be the Presbytrie of Edinburgh, shall hald their Assembly qwhaire the Assembly shall be for the tyme, and convein two dayes before the same. [FIFTY-SIXTH GENERAL ASSEMBLY.] Att Edinburgh, the Generall Assembly of the Kirk of Scot- land, conveint upon the 22 of May 1592. Exhortatione being made be Mr Nicoll Dalgleische, Moderator of the last Assembly: The Kirk proceedit to the election of ane Moderator, and appoyntit in the leets, Mrs Robert Bruce, David Lyndsay, James Balfour, and James Nicolsone. The said Robert was, be pluralitie of vots, elcctit Moderator, hac vice. 358 BOOKE OF THE UNIVERSALL [1592. Sessio 1\ May 23. Forsuameikle as the necessitie of tyme requyres that the greatest and weightiest heads be first considerit ; It was proponit to the haill brethren to consider and decerns if they thocht meit or not, the Kirk sould make sute for the Articles following : 1. That the acts of Parliament made in the year of God 1584 against the discipline of the Kirk, libertie and authoritie thereof, be annullit, and the samen discipline qwherin the Kirk hes been in practise, ratified. 2. The abolutione of the act of annexatione and restitutione of the patrimonie of the Kirk. 3. That abbots, pryors, and wthers prelates, pretending the title of the Kirk, and voting for the same, without their power and com- missione, be not sufFerit in tyme comeing, to vote for the same, either in Parliament or wther conventione. Last, That the countrie, qwhilk is polluted with fearfull idolatrie and blood, be purgit : Qwhilks haill articles, the Assemblie thocht most necessare to be cravit : and for putting of the same in good forme, imployit their breither, Mrs Robert Pont, David Lyndsay, Thomas Buchanane, and James Melvill ; willing them to present the same, at ten houres, to the full Assembly to be considerit be them. As concernyng the voting in Parliament, in the name of the Kirk, if it shall be thought leisum, the ministrie sould succeed in that part in the prelats' place ; it is referrit to consultatione qwhill the morne. And every brother is ordaynit to wey and debait that argument with himselfe, and be readie the morne to reasone their opinion into the same. Sessio 5^ May 24. It is ordaynit in tyme comeing, that the breither receiving com- missiones from the Kirk, and slewthfuUie observing the execution thereof, shall be rebukit in the face of the Assemblie for their ne- gligence. Sessio 6^ May 25. Forsuameikle as the Kirk, considering their dewtie first to God, and the necessitie of the charge qwliilk is imposit upon them, see- ing the daily decay of religione, and laicke of justice, qwhereof 1592.] KIRK OF SCOTLAND. 359 the effect is to the regrait of all trew Christians, raair and mair falls out in miserable experience, and that the dewtie of their office burdeneth them to discharge their conscience in this behalf to their Soveraigne, to qwhome chiefly it appertayneth to procure re- medie thereof; Therefore directs their breither qwhilks war nomi- nat before, to present the Articles to his Majestic, together with Mrs Nicoll Dalgleische, Patrick Symsone, Patrick Scharpe, John Mal- colme, and David Fargysone, to passe immediately to his Majestic to lament the daily decay of Religione, disorder and laike of justice within this realme, to crave his dewtie, as he wald answer to God, qwhat to be done for remeid thereof, and grauely to admonische his Majestic, in the name of the Eternall, to have respect in tyme to the estate of the trew Religione perishing, and to the manifold mur- thers, oppressionis and enormities dayly multiplied through impu- nitie and laike of justice ; and to discharge his kingly office in both, as he wald eschew the fearfuU challenge of God, and turne his wrath aff his Majestic and the haill land : And to the effect his Ma- jestic may be the better informit of the particular, to lay dovvne the same particularlie to him, and craue his answer, that they may re- port the same to the haill Assemblie. Sessio 10'. Penult Maii. Forsuaraeikle as, at the speciall desyre of the Kirk, ane Forme of Examinatione before the Comraunione was pennit and formit be their brother Mr John Craige, qwhilk is now imprintit and allowit be the voyce of the Assembly : Therefore, it is thought needfull that euery pastor travell with his flock, that they may buy the sa- men book, and read it in their families, qwhereby they may be better instructit, and that the samen be read and learnit in doctors' schools in place of the Litle Catechisme. Sessio 15*. Junii 2^ Mr Alexander Dicksone compeirand, and being inquyrit if he had subscryvit the Articles of Religione, presently professit and es- tablischit within the Reformit Kirk of this realme, and communicat at the Lord's Table ? Answerit he did, both in the Colledge of St Andrews and after. Being inquyrit, in what heads he differs to subscryve ? Answerit, he had sundrie heads qwherewith he agreid not with the Confession of Faith and Articles of Religione forsaid ; wherewith being pressit with the Assembly, and that either 360 BOOKE OF THE UNiVERSALL KIRK, &e. [1592. now be word, or the raorne be wreit, he sould be special!, at lenth plainly avowit and protestit he differed from thorn in all the sub- stantial! l)eids and poynts of religione qwherein tlie Papists contra- verts with them: Withqwhillc confessione and declaration forsaid, the breither of the Assemblie being advysit, ffand that he had com- mittit apostacie, and therefore to have incurrit the paines thairof. Sessio 17^ Tertio Junii. Anent the supplicatione of Mr Alexander Dicksone, in concln- sione offerand either to subscryve the Confessione of Faith, or with- in fourty dayes to passe off the realme, and to that effect desyrand to be freed from captivitie ; The Assembly being advysit therewith, desyred the Baillie of Edinburgh to take order with him according to the tenor of the act of Parliament, and to sett him frie upon cau- tione. Sessio 22^ Junii 6. Anent the forme and order of excommunicatione to be used againes notorious murtherers: The Assembly hes concludit that the order containit in the excommunication be keepit and followit out according to the tenor thereof. Anent the haynous and cruell murther of the Earle of Morray, committit be the Earle of Huntly and his complices, tiie brethren and Assembly present hes given and gives ordinance and strait command to the brethrene of the Presbytrie of Brechine, who hes already interit in proces with him, to proceed with concurrence of two breither of every ane of the Presbytries of Angus and Mearnes, against him for the said cruel! fact, according to the acts of the Assembly. Sessio 23. Junii 7. Anent the act made concernyng deposed ministers or persones in this last Parliament ; It was thought meet at the next Parliament, or Conventione having the force or commissione of Parliament, to craue, that where it else has been inactit, that notwithstanding the pastor be deposit, the tacks and tithes sett be him shall nevertheless stand, it be now provydit and add it to the said act, that in caice the said tack or tithe be sett after the committing of the fact for the qwhilk the persone is deposed, that such tacks, factories, or tithes whatsomever, shall be null and of none avail), force, nor effect. APPENDIX 11. Having now completed the Register of another epoch in the history of the Reformed Church of Scotland, which embraces the first thirty-two years of its existence, — exhibiting in its internal movements the equivocal and conflicting elements of a new establishment, and blending in its struc- tm-e the incongruous peculiarities both of Episcopacy and Presbytery ; we have now reached that period in its progress when it assumed a more precise and clearly defined position, as a purely Presbyterian Church. On the 5th of Jime 1392, immediately after the close of the General Assembly, of which the proceedings have just been given, the Magna Charta of the Church of Scotland was obtained in an act of Parliament " for abolisching of the actis contrair the trew Religion." It is therefore deemed suitable to pause in the transcript of the Eccle- siastical proceedings, and to subjoin, in an Appendix, the several sta- tutes of the Civil Legislature applicable to the period intervening be- twLxt 1567, when the Church was first fully established, and 1592, when the distinct character of Presbyterianism was stamped upon it by the Law of the Land. These statutes, accordingly, are now sub- joined in chronological order — reserving for a future occasion any less important and authoritative documents connected with our subject. ACTS OF PARLIAMENT. I. Ratification of the Freedome and Libertie of the trew Kirk of God.»— August 28, 1571. Item, Our Sotierane Lord, with auiss and consent of his said Re- gent, thre Estaittis, and haill body of this present Parliament, hes ratifiit, and be this present act ratifiis and appreves all and quhat- • Acts, (Mr Thomson's edit.) vol. iii. p. 58. 362 BOOKE OF THE UNIVERSALL [app. 1574. sumeuir actes and statutis maid of befoir be our Soueraine Lord or his predecessouris, anent the fredome and libertie of the trew Kirk of God, now publictlie professit within this realme. 11. Anent the Constitution of the Policie of the Kirk.* — 5th March 1574. Forsamekill as the present estate of the Kirk within this realme being considerit be my Lord Regentis Grace, and Estaittis now con- venit, and how sen the alteratioun of religioun, albeit the libertie of the evangell hesbene inioyit in vnitie of doctrine, git is thair not to this day ony perfyte policie be lawis and constitutionis set out, how the Kirk in all degreis salbe governit in decent and cumly ordour, qwhairthrow sindry inconvenientis hes followit, and ma are lyke to occur heirafter, gif tymous reraeid be not prouidit: The Estaittis finding it impossibill that thay can byde togidder qwhill this mater can be exactlie avysit on, and put in forme, Hes thairfoir thocht meit and concludit, that Johnne Lord Glamyss, chancellair, James Arche- bischop of Glasgow, &c. Maister James Lowsoun, minister of Edin- burgh, and Maister Dauid Lindesay, minister of Leyth, sail tak the panis to convene, confer, ressoun, and put in forme, the ecclesiasti- call policie and ordour of the governing of the Kirk, as thay sail find maist agreabill to the trewth of Goddis word, and maist con- venient for the estate and people of this realme : Qwhilks personis being for the maist part present, for the gude will thay beir to the avanceraent of Goddis glory, the Kingis obedience, and commoun Weill of the realme, wer content to bestow thair panis for this effect, and to begin thair werk on Mononday the xiiij day of Marche in- stant, in sic part of the Palice of Haliruidhous as my Lord Regentis Grace will appoint thame to convene in, And swa to continow and abyde togidder frome day to day, qwhill thay haue anys drawin a forme of the said ecclesiasticall policie ; qwhilk being endit. It salbe reportit, and schawin to the estaittis at the nixt conventioun. To the effect that than be thair aduise, a Parliament may be appointit, and in the same, the forme qwhilk salbe drawin, or samekill thereof as salbe found meit, to be ratifiit and establissit as a law. • Acts, vol. iii. p. 89. A Commission to a similar effect appointed, loth July 1578 Acts, vol. iii. p. 105. APP. 1579.] KIRK OF SCOTLAND. 363 III. The Ratification of the Libertie of the trew Kirk of God and Religion.*— July 25, 1578. Our Souerane Lord, with aduise of his thrie Estatis of this pre- sent Parliament, hes ratifiit and apprevit, and be the tennour heir- of, ratifeis and apprevis all and quhatsumeuir actis of Parliament, statutis, and constitutionis, past and maid of befoir, agreable to Goddis word, for mantenance of the libertie of the trew Kirk of God and Religioun, now presentlie professit within this Realme, and puritie thairof. And decernis and declaris the samin to haue effect in all pointis, efter the forme and tennour thairof. IV. Act anent the trew and Haly Kirk, and thame declarit not to be of the same.f — October 26, 1579. Our Souerane Lord, with auise and consent of the thrie Estaitis and haill body of this liament, ratifeis and appreuis all and quhatsumeuir actis and statutis maid of befoir be his Hienes, with auiss Regentis, in his awin regnne or his predices- souris, anent the freidome and libertie of the trew Kirk of God and religioun, now presentlie professit within this realme; And specialie ratifeis and apprevis the sext act of his Hienes Parliament, haldin in the first zeir of his Hienes regnne, intitulat, Anent the trew and haly Kirk, and of thame that ar declarit not to be of the samyne. Ordaning the same to be heir insert of new, (becaus of sura defec- tioun and informalitie of wordis in default of the Prentair,) in this forme. Oure Souerane Lord, with auise of his thrie Estaites and haill body of this present Perliament, hes declarit and declaris the mitiisterisof the blissede Euangel of Jesus Chryst, quhome God of his mercie hes now raisit vp amanges ws, or heirefter sail raiss, ag- greing with thame that now levis in doctrine and administratioun of the sacramentis And the people of this realme that professis • Acts, vol. iii. p. 93. f Acts, vol. iii. p. 137. 364 BOOKE OF THE UNIVERSALL [app. 1579. Jesus Christ as he is now offerit in his Evangell, and do communi- cat with the haly sacramentis, as in the reformit kirkis of this realme ar publictlie administrat, according to the Confessioun of the Faythe, to be the only trew and haly kirk of Jesus Christ within this realme. And decernis and declaris that all and sindrie quha vther gayne- sayis the word of the Evangell ressauit and apprevit As the heidis of the Confessioune of the Faythe professit in Perliament of befoir in the yeir 1560: as alsua specifiit and registrat in the actis of Per- liament maid in the first zeir of his Hienes regnne, mair perticu- larlie dois expres, ratifeit alsua and appreuit in this present Parlia- ment : or that refusses the participatioune of the haly sacramentis as they ar now ministrat to be na raenibris of the saide kirk, within this realme, and trew religioune, sa lang as they keep thame selfFes sa deuydit from the societie of Christia body. V. Anent the Jurisdictioun of the Kirk, 26 Oct. 1 579.* Our Souerane Lord, with aduise of the thrie Estaitis of this present Parliament, hes declarit and grantit Jurisdictioun to the Kirk ; quhilk consistis and standis in the preacheing of the trew word of Jesus Chryst, correctioun of maneris, and administratioun of the haly Sacramentis ; and declaris that thair is na vther face of Kirk nor vther face of religion then is presentlie be the favour of God, es- tablishit within this realme ; and that thair be na vther jurisdiction ecclesiasticale acknawlegit within this realme, vther than that quhilk is and salbe within the sarayn Kirk, or that quhilk flowis thairfra, concerning the premisses. And further. Commission was granted to the Earl of Morton and others " To convene in Edinburgh, the xj. day of Aprile nixtto- cum, to searche furth mair speciallie, and to consider quhat wther speciall poyntis or clauses sould appertene to the Jurisdictioun, pri- uilege and auctoritie of the said Kirk ; and to report thair declara- tioun thairanent, to our Souerane Lord and thrie Estatis of this Par- liament, sua that they may tak ordour thairintill, and authorise the samyn be act of Parliament," &c. * Acts, vol. iii. p. 137. APP. 1581."] KIRK OF SCOTLAND. 3G5 VI. Anent Prouisioun of Ministeris and certane Stipendisfor thame, at all Paroclie Kirkis, and appointing of Commissioneris for ordering thairof. — 30 Nov. 1581.* Item, Becaus for laik of preching and teiching in sindrie partis of the realme, monie people are suspectit to be fallin in grcit igno- rance and danger of godles atheisme. It being found maist diffi- cill, that in the cliarge of pluracie of kirkkis, ony ane minister may instruct mone flokis: Thairfoir it is thocht expedient, statute, and ordanit be our Soverane Lord, and his thre Estatis of this present Parliament, That euerie paroche kirk, and samekle boundis as salbe found to be a sufficient and a competent, parochrie thairfoir sail liaue thair avvin pastoure with a sufficient and ressonable stipend, accord- ing to the state and habilitie of the place. And that all kirkis to the prelacyis annexit, be prouidit of sufficient ministeris, with com- petent livingis, alsweill laitlie disponit, sen his Hines acceptatioun of the gouernement of his awin persoun, as that sail vaik and be pro- vidit heirefter, whill his Hines perfite age. And befoir the title of any prelacie be conferrit to any persoun heirefter, that the saidis livingis and stipends be reseruit in tiie prouisioun, and alwayis comp- tit in the thrid, to the effect that ministeris may be prouidit thair- to ad vitam. And in cace ony gift or prouision of prelacie sail pas vtherwayis, declaris the same to be null, and of nane auail, force, nor effect ; ffor the speciall executioun of the qwhilk ordoure, his Ma- jestic, with aduise of his saidis thre Estatis, grantis and gevis power and commissioun to iiis richt traist cousingis, and trustie and vveill belouit Counsaillouris and vtheris efter specefeit, videlicet : James Stewart, Erie of Arrane, &c. and to considder, appoint, and ordour the estate of the saidis kirkis and stipendis, qwhairthrow the saidis ministeris being honestlie sustenit, may the better attend to thair flokis and propir vocatioun. And the said ordoure to continew ay and quhill furder ordoure be tane be his Iline?, with aduise of his saidis Estatis in Parliament. * Acts, vol. ni. p. 21 1. 366 BOOKE OF THE UNIVERSALL [app. 1581. VII. The Ratificatioun of the Libertie of the trew Kirk of God and Religioun, with Confiimatioun of the Lawis and Actis maid to that effect of before.* — Penult die mensis Novembris, 1581, (ch. 1.) Our Souerane Lord, with auise of his thre Estaittis and haill body of this present Parliament, hes ratifeit and apprevit, and be the tenoure heirof ratifies and apprevis, all and quhatsumever Actis of Parliament, statutis, and constitutionis, past and maid of befoir, aggreabill to Goddis word, for mantenance of the liberte of the trew Kirk of God and Religioun, now presentlie professit within this Realme, and puritie thairof. And specialie the actis maid in the regne of the Quene, his dearest moder, in the Parliament halden at Edinburgh, the 19th day of Aprile, the zeir of God 1567, Anent the cassing, annulling, and abrogating of all lawis, actis, and con- stitutiounis, cannon, ciuile and municipale, with uther constitutiounis contrair the Religioun now professit within this Realme. And the actis in likewise efter following, made in diuerse Parliamentis, halden sen his Hienes' Coronatioun. Namelie, the actes anent the abolisching of the Pape and his usurpit authoritie. Annent the annulling of the actis of Parliament, maid againis Goddis word, and mantenance of Idolatrie in any times bypast. The Confessioun of the Faith professit be the Protestantis of Scotland. Anent the Mes abolischit, and punisching of all that heiris or sayis the same. Anent the trew and haly Kirk, and of thame that are declairit not to be of the same. Anent the admissioun of thame that salbe pre- sentit to benefices, havand cuir of ministerie. Anent the Kingis aith to be gevin at his coronation. Anent thame that suld beir publict office heirefter. Anent thriddis of benefices grantit in the moneth of December, the zeir of God 1561 zeris, for sustenyng of the ministerie, and utheris effairis of the Prince. Anent thame that salbe teicheris of the zouth in scules. Anent the jurisdictioun of the Kirk. Anent the dispositioun of Prouestries, Prebendareis, and Chaplanreis to Bursaris, to be foundit in Colleges. Anent the fylthie vice of Fornicatioun, and punischment of the same. Anent thame that committis Incest. Anent lawfuU Mariage of the awin » Acts, vol. iii. p. 210. APP. 1581.] KIRK OF SCOTLAND. 367 blude in degreis, not forbiddin in Goddis word. Ratification and approbatioun of the actis and statutis maid of befoir, anent the free- dome and libertie of the trew Kirk of God. Anent the trew and haly Kirk. That the aduersaries of Christis Euangel sail not enjoy tlie patrimony of the Kirk. Anent the disobedientis, quhilk sal- be resavit to oure Soueraine Lordis mercie and pardoun. The ex- planatioun of the act maid anent manses and gleibis. Anent pur- chessing of the Papis bullis, or giftis of the Quene, oure Soverane Lordis moder. Approbation of the actis maid anent the dispositioun of benefices to the ministers of Christis Euangel. Anent the repa- ratioun of Paroche Kirkis. The ratificatioun of the libertie of the trew Kirk of God and Keligioune. That the Gleibof the Miiiisteris and Reideris salbe fre of teyndis. Anent the trew and haly Kirk, and of thame that are declarit not to be of the same. Anent the jurisdictioun of the Kirk, dischargeing of Mercattis, and lauboring on Sondayis, and playing or dreinking in tyme of sermone. Anent the zouth, and utheris bezond sey, suspect to haifdeclinit from the trewreligioun. Thathouseholderis half Bybillis and Psalme buikis. fFor punischment of Strang and idill beggeris, and releif of the puir and impotent. And declaris the saidis actes, and ewery ane of thame, and all utheris actis of Parliament, maid in favour of the trew Religioun, sen the said Reformatioun, to haue effect in all poyntis, eftir the forme and tenour thairof. VIII. That Ministeris sallbe presentit be the Kingis Maiestie and the lawit Patronis to all benefices of cuir under Prelacyis.* _(Ch. 4,) 30 November 1581. Item, It is statute and ordanit be our Souerane Lord, with ad- uise of his thre Estatis of this present Parliament, That all bene- fices of cuir, under prelacyis, sallbe presentit be our Souerane Lord, and the lawit personis in the fauoure of abill and qualifeit mi- nisters, apt and willing to enter in that functioun — and to discharge the dewtie thairof. And in cace any sail happin to be gevin and disponit wtherwise herefter, decernis and declaris the giftis and dis- positiounis to be null and of none availl, force nor effect. • Acts, vol. iii. p. 212. 3G3 BOOKE OF THE UNIVERSALL [aPP. 1584. IX. Anent the Libertie of the Preching of the trew Word of God, and administratioun of the Sacramentis — 22d May 1584, c. l.» Oure Souerane Lord, with auise of his thrie Estatis convenit in this present Parliament, hes ratefeit and appreuit, and be the tennour heirof ratefeis and apprevis the libertie of the preching of tlie trew word of God, and administratioun of the Sacramentis in puritie and synceritie, according to the Confessioun of the Faith receavit and auctorizit be Parliament; in the first zeir of his Majestie's Regnne. X. Anent the Auctoritie of the thrie Estatis of Parliament — Eo die, c. S.f The Kingis Majestie, considering the honour and the auctoritie of his Supreme Court of Parliament, continewit past all memorie of man vnto thir dayis, as constitute vpon the frie votis of the thrie Estatis of this antient kingdorae. Be quhom, the same, under God, ever hes bene vphaldin, rebellious and traterous subiectis pvnisit, the guid and faithfull preseruit and mantenit, and the lawis and actis of Parliament (be quhilkis all men ar governit) maid and establisit. And finding tlie power, dignitie, and auUioritie of the said Court of Parliament of lait zeris callit in sum doubt, at least sum curiouslie travelling to haue introducit sum innovatioun thairanent, his Males- tie's firme will and mynd alwayis being as it is zit, that the honour, authoritie, and dignitie of the saids thrie Estatis sail stand and con- tinew in the awin integritie, according to the ancient and louable custome, obseruit in tynie bygane, without ony alteratioun or dimi- nutioun. Thairfoir it is statute and ordinit be our said Souerane Lord, and his thrie Estatis ar^seniblit in tliis present Parliament, That • Acts, vol. iii. p. 292. t Ibid. p. 29,3. APP. 1584.] KIRK OF SCOTLAND. 369 none of his lieges and subiectis presume or tak vpoun hand to impugne the dignitie and authoritie of the saids thrie Estatis, or to seik or procure the innovatioun or diminutioun of the former auctoritie of the same thrie Estatis, or ony of thame, in tyme cuming, vnder the pane of treasoun. XI. Ane Act confirming the Kingis Maiesties Royall Power over all Statis and Subiectis within this Realrae. — Act 1584, C.2.* Forsamekle as syndrie personis, being laitlie callit befoir the Kingis Majestie and his secreit Counsell, to answer upon certaine pointis to have bene inquirit of thame, concerning sum treasounable, seditious, and contumelious spechis, utterit by thame in Pulpet, Scolis, and utherwayis, to the disdane and reprooche of his Hienes, his Pro- genitouris, and present Counsell, contemtuouslie declinit the juge- raent of his Hienes and his said Counsell in that behalf, to the evill exemple of utheris to do the like, gif tymous remeid be not pro- vidit : Thairfoir our Souerane Lord, and his thrie Estatis as- sembled in this present Parliament, ratifeisand apprevis, and perpe- tuallie confirmis the royall power and authoritie over all statis, alsweil Spirituall as Temporall, within this Realrae, in the persoun of the Kingis Majestie, our Souerane Lord, his airis and successouris: And als statutis and ordainis, that his Hienes, his said airis and successouris, be thameselfRs and thair counsellis, ar, and in tyme to cum sallbe, juges competent to all personis his Hienes subjectis, of quhatsumever estate, degrie, functioun, or conditioun that ever they be of, Spirituall or Temporall, in allmatteris, quhairin they, or ony of thame, sallbe apprehendit, summound, or chargeit to answer to sik thingis as sallbe inquirit of thame, be our said Soverane Lord and his Counsell. And that nane of thame, quhilkis sail hap- pin to be apprehendit, callit, or summound, to the effect foirsaid, presume, or tak upoun hand to decline the jugement of his Hienes, his airis or successouris, or thair Counsell, in the premisses, under the pane of treasoun. • Acts, vol. iii. p. 292. 2 a 370 BOOKE OF THE UNIVERSALL [apP. 1584. XII. Ane Act dischargeing all jurisdictionis and judgementis, not approuit be Parliament, and all Assembleis and Conven- tionis, without our Souerane Lordis speciall licence and commandenaent.* — Act 1584, c. 4. Forsamekle as in the trublous tymis, during thir xxiiij zeris bypast, syndrie formis of jugementis and jurisdictionis, alsweil in Spiritual as Temporal causes, ar entrit in the practis and custome, quhairby the Kingis Majesties subjectis ar oftymis convocat and assemblit togidder, and panis alsweil civill and pecuniall, as Eccle- siasticall, inioinit unto thame ; proces led and deduceit ; sentences and decreitis gevin, and the same put in execulioun : Na sik ordour as zit being allowit of, and approuit be his Majestic, and his thrie Estatis in Parliament, contrare the custome obseruit in onie uther Christiane Kingdome, or weill governit commoun weill ; and to the diminissing of the force and power of his Hienes awin lawis, be the quhilkis his Majesties subjectis audit to be rewlit ; and speciallie his Hienes and his Estatis, considering that in the saidis assem- bleis, certane his subjectis have takin upon thame to justifie, and auctorize the fact perpetrate aganis his Hienes persoun and Estate at Ruthven, and prosecutit thairefter, quhill his Majestic, at Goddis pleasour, recoverit his libertie, having, in thair pretentit maner, maid actes thairupoun, kepis the same in Register, and as zit seirais to allow the said attemptat, althoucht now publictlie condemnit be his Hienes and Estatis as treasounable, nane of the authoris thairof having cravit his Hienes pardone thairfoir. For renieid quhairof, in tyme cumming, swa that according to the lovable act of his darrest Guidsir, King James the Ferd, ofworthie memorie, all his Hienes liegeis (being under his obeissance) man be rewlit be his awin lawis, and the commoun lawis of this Realme, and be nane uther lawis : Our Soverane Lord, and his thrie Estatis, assemblit in this presen; Parliament, dischargeis all jugements and jurisdictionis, Spirituall or Teniporall,accustomat to be usit and execute, upoun ony of his Hienes subjectis, quhilkis ar not approvit be his Hienes, and his saidis * Acts, vol. iii. p. 293. APP. 1584.] KIRK OF SCOTLAND. 371 thrie Estatis, convenit in Parliament : and decernis the same to ceis in tyme cumming, quhill the ordour thereof be first sene and considerit be [his Hienes, and his saidis thrie] Estatis [convenit] in Parliament, and be allowit and ratifeit be thame : Certefeing tliame, that sail proceid in using and exerceing of the saidis juge- mentis and jurisdictionis, or in obeying of the same, not being al- lowit, and ratifeit, as said is, They sallbe repute, haldin, calht, persewit, and punissit as usurparis, and conteminaris of his Hienes auctoritie, in exemple of utheris. And als it is statute and ordainit, be our said Soverane Lord, and his thrie Estatis, that nane ot his Hienes subjectis, of qwiiatsumever qualitie, estate, or functioun they be of, Spirituall or Temporall, presume or tak upoun hand, to convo- cat, convene, or assemble thameselffis togidder, for balding of coun- cellis, conventionis, or assembleis, to treat, consult and determinat in ony matter of Estate, Civill or Ecclesiasticall, (except in the or- dinare judgementis.) without his Majesties speciall commanderaent, expres licence, had and obtenit to that eflFect, under the panis ordinit be the lawis and actis of Parliament, aganis sic as un- lawfullie convocatis the Kingis lieges. XIII. The Causes and Maner of Deprivation of Ministers.— Act 1584, c. 5.* Our Soverane Lord, and his thrie Estatis, assemblit in this present Parliament, willing that the word of God salbe preachit, and Sacramentis admini=,trat in puritie and synceritie, and that the rentis, quhairon the Ministeris aucht to be sustenit, sail not be pos- sest be unworthie personis neglecting to do thair dewties, for whilkis they accept thair benefices, being utherwayis polluted with the fraill and enorme cry mis and vices after specefeit. It is thairfoir statute and ordainit be his Hienes, with auice of the saidis thrie Estatis, That all Personis, Ministeris or Reiddaris, or utheris providit to benefices, sen his Hienes Coronatioun, (not hav- ing vote in his Hienes Parliament,) suspectit culpable of heresie, papistrie, fals and erroneous doctrine, commoun blasphemie, forni- • Acts, vol. iii. p. 293. 372 BOOKE OF THE UNIVERSALL [aPP. 1584. catioun, commoun drunkennes, non-residence, pluralitie of benefices having cure, quhairunto tiiey are providit sen the said Coronation, Symonie and dilapidatioun of the rentis of benefices, contrare the lait act of Parliament, being lawfullie and ordourlie callit, tryit, and adjudgit culpable, in the vices and causes abonewrittin, or onie of tharae, be the ordinare Bishop of the diocie, or utheris the Kingis Majesties Commissionaris to be constitute in Ecclesiasticall causes, sail be deprivit alsweil fra thair functioun in the Ministerie, as fra thair benefices, quhilkis sallbe thairby declarit to be vacand ; to be presentit and conferrit of new, as gif the personis possessouris thairof were naturallie dead: And that it sallbe esteemit and jugeit not-residence, quhair the persoun being in the functioun of the ministerie, providit to ane benefice, sen the Kingis Majesties Coronatioun, makis not residence at his mans, gif he ony hes; and failzeing thereof, at sum other dwelling place within the parochin, but remainis absent thairfra, and from his kirk, and using of hia office, be the space of four Sondayis in the haill zeir, without laufuU cans and impediment, allowit be his ordinare. And quhair ony persoun is admittit to ma benefices, havand cure, sen our So- verane Lordis Coronatioun, the acceptatioun of the last sallbe sufti- cient cause of deprivatjoun from the remanent, svva that he be pro- vidit to twa or ma benefices havand cure, sen the tyme of the said Coronatioun. And nevertheles this present act sail not extend to ony persoun providit to his benefice befoir the said Coronatioun, na- ther sail the bruking of the said office, quhairunto he was providit of befoir, induce pluralitie of benefices in this cace, bot he sail allanerlie tyne his riciit of the benefice quhairunto he wes providit sen the said Coronatioun alanerlie : And unioun of kirkis to ane benefice not to be jugeit pluralitie, quhill farder ordour be establissit and pro- vidit in that behalf: Likeas alswa, the personis being in the functioun of the ministrie, that sail happin to be lawfullie and or- dourlie convict befoir our Soverane Lordis Justice-Generall, or utheris thair Jugeis competent of criminall causis, sik as treasoun, slachter, mutilatioun, adulterie, incest, thift, [commoun oppressioun, usurie aganes the lawis of this Realme.] perjurie, or falset : They being likewayis lawfullie and ordourlie deprivit fra thair functioun in the ministerie, be thair ordinare, or the Kingis Commissionaris in Ecclesiasticall causes. The benefices possest be the saidis per- sonis to vaik, be reasoun of the said convictioun, and dei)rivatiouB. AJ»P. 1592.] KIRK OP SCOTLAND. 373 And this to have effect and executioun onlie for crimis, vicis, faultis, and offenceis, that sail happin to be committit after the dait heirof. XIV. Act for abolisheing of the Actis contrair the trew Religion. [Ratification of the libertie of the trew Kirk : Of Generall and Synodal Assemblies : Of Presbyteries : Of Discipline. All Laws of Idolatrie ar abrogate : Of presentation to benefices.]— Act 1592.* Our Soverane Lord and Estaittis of this present Parliament, fol- lowing the lovable and gude example of thair predecessours, Hes ra- tifiet and apprevit, and be the tenour of this present act, ratifies and apprevis all liberties, privileges, immunities and freedomes quhatsumevir, gevin and grantit be his Hienes, his Regentis in his name, or onie of his predecessouris, to the trew and haly Kirk, presentlie establishit within this realme ; and declarit in the first Act of his Hienes Parliament, the twentie day of October, the zeir of God ane thousand, five hundreth, three-scoir ninetene zieres : and all and whatsumevir actis of Parliament, and statutes maid of befor, be his Hienes and his Regentis, anent the libertie and fredome of the said Kirk : and specialie the first act of the Parlia- ment, halden at Edinburgh, the twentie foure day of October, the zeir of God ane thousand, five hundreth, and four-scoir ane zieres, with the haill particulare actis thairin mentionat, Quhilk sail be als sufficient as gif the samyn wer herin exprest. And all uther actis of Parliament maid sensyne, in favouris of the trew Kirk ; And siklyk, ratifies and apprevis, the Generall Assemblies appointed be the said Kirk: And declairis, that it sallbe lauchfuU to the Kirk and Ministrie everilk zeir, at the leist, and ofter pro re nata, as oc- casioun and necessitie sail require, to hald and keip Generall Assem- blies : Providing that the Kingis Majestic, or his Commissioner with thame to be appoyntit be his Heines, be present at ilk Ge- nerall Assemblie, befoir the dissolving thairof, nominat and ap- point tyme and place, quhen and quhair the nixt Generall Assem- blie salbe haldin : and in caise nather his Majestic, nor his said Commissioner, beis present for the tyme in that toun, quhair the * Acts, vol, iii. p. 541. 374 BOOKE OF THE UNIVERSALL [apP. 1592. Generall Assemblie beis halden, Then, and in that caise, it salbe lesum to the said Generall Assemblie, be themselffis, to nominal and appoynt tyme and place, quhair the nixt Generall Assemblie of the Kirk salbe keipit and haldin, as they half bene in use to do thir tymes bypast. And als ratifies and apprevis the Sinodall and Provinciall Assemblies, to be haldin be the said Kirk and Ministrie, twyis ilk zeir, as they haif bene, and ar presentlie in use to do, with- in every Province of this realme ; And ralifeis and apprevis the Presbiteries, and particulare Sessionis, appoyntit be the said Kirk, with the haill jurisdictioun and discipline of the same Kirk, aggreit upon be his Majestie, in conference had be his Ileines with cer- tane of the ministrie, convenit to that effect : of the quhilkis Ar- ticles the lenoar followis. Materis to be entreated in Provincial Assemblies : Thir Assemblies ar constitute for wechtie materis, ne- cessar to be entreatit be mutuall consent, and assistance of brethrene, within the Province, as neid requyris. This Assemblie hes power to handle, ordour, and redresse, all things omittit or done amisse in the particulare Assemblies. It hes power to depose the office- beareris of that Province, for gude and just causeis, deserving depri- vatioun : And, generallie, thir Assemblies hes the haill power of the particulare Elderschippis, quhairof they ar collectit. Materis to be entreated in the Presbiteries. The power of the Presbiteries is to give diligent lauboris in the boundis committed to their chairge : That the kirks be kepit in gude ordour, To enquire diligentlie of naughtie and ungodlie personis : And to travell to bring thame in the way agane be admonitioun, or threatning of Goddis jugementis, or be corectioun. It appertenis to the Elderschip, to tak heid that the word of God be puirlie preachit within thair boundis, the Sacramentis richtlie ministrat, the Discipline intertenyit. And Ecclesiasticall guidis uncorruptlie distributit. It belangis to this kynd of Assembleis, to cans the ordinances maid be the Assem- bles, Provinciallis, Nationallis, and Generall is, to be kepit and put in executioun, to mak constitutionis, quhilkis coucernis ro Tr^iTrov in the Kirk, for decent ordour, in the particulare kirk quhair tliey go- verne ; Provyding that thay alter na rewlis maid be the Provinciall or Generall Assemblies : And that they make the Provinciall As- semblies foirsaidis, privie of the rewlis that they sail mak, and to abolishe constitutionis tending to the hurte of the same. It hes power to excoinmuiiicat the obstinat, forinale proces being led, and dew intervall of tymes observit. Anent particulare kirkis, Gif they be APP. 1592.] KIRK OF SCOTLAND. 375 lauchfuUy rewlit be sufficient niinsteris and sessioun, Thay half power and jurisdietioun in thair awin Congregatioun, in niateiis Ec- clesiasticall. And decernis and declairis the said Assembleis, Pres- biteries, and Sessiounes, Jurisdietioun and Discipline thairof foirsaid, to be in all tymes cuming, maist just, gude, and godlie in theselff, Notwithstanding of quhatsumevir Statutis, Actis, Cannon, Civile, or Municipall Lawes, maid in the contrair ; To the quhilkis and every ane of thame, thir presentis sail mak expres derogatioun : And becaus thair ar divers Actis of Parliament, maid in favour of the Papisticall Kirk, tending to the prejudice of the libertie of the trevv Kirk of God, presentlie professit within this realme, juris- dietioun, and discipline thairof, Quhilk stands zit in the buikis of the actis of Parliament, not abrogat nor animllit : Thairfoir his Heines and Estaittis foirsaids hes abrogat, cassit, and annul- lit, and be the tennor heirof, abrogatis, cassis, and annuUis all Actis of Parliament maid be ony of his Hienes Predceessoris, for mantenance of superstitioun and idolatrie, with all and quhatsumevir Actis, Lawes, and Statutes, maid at ony tyme, befoir the day and dait hereof, aganis the libertie of the trew Kirk, jurisdietioun, and dis- cipline thairof, as the samyn is usit and exerceisit within this realm. And in speciall, that pairt of the sevint act of Parliament bal- den at \_Streviling, the fourt day of November, ane thousand four hundredth, fourty-three] zeiris, commanding obedience to be gevin to Eugin the Pape for the tyme : the 109 act made be King James the thrid, in his Parliament halden at Edinburgh the twenty- fourth day of Februar, [the zeir of God] ane thousand, four hund- reth, fourscor thrie zeirs. And all utheris actis quhairby the Paipis authoritie is establishit. The 47 act of King James the third, in his Parliament halden at Edinburgh, the [twenty day of November, ane thousand, four hundredth, three scor nine] zeires, anent the Satter- day and uther vigilis to be hally dayes from Evin sang to Evin sang. Item, that pairt of the 31 act maid be the Queene Regent, in the Parliament halden at Edinburgh, the first day of Februar ane thousand, five hundredth, fifty-ane zeirs, Geving speciall licence for haldin of Pashe and Zule. Item, The Kingis Majesty and Estaitis foresaidis declairis, that the secund Act of the Par- liament haldin at Edinburgh, the xxij day of Maij, the zeir of God ane thousand, five hundredth, four scoir, four zeires, sail na- ways be prejudicial!, nor derogat anything to the privilege that God hes gevin to the spirituall office beareris in the Kirk, concerning heads 376 BOOKE OF THE UNIVEllSALL [app. 1592. of religioun, materis of heresie, excommunicatiouu, coUatioun or de- pri vatioun of ministeris, or ony sik essential censours, speciall groundit, and havand warrand of the word of God. Item, Our said Soverane Lord, and Estaittis of Parliament foirsaids, abrogatis, cassis, and an- nullis, the XX act of the same Parliament, halden at Edinburgh, the said zeir, ane thousand, five hundredth, fourscoir, four zeires, grant- ing commission to bischoppis and utheris juges, constitute in eccle- siasticall- causes, to ressaue his Hienes presentatioun to benefices, to gif coUatioun thairupon, and to put ordour in all causes ecclesias- tical! : quhilk his Majestj'^ and Estaites foresaidis, declairis to be ex- pyrit in the self, and to be null in tyme cuming, and of nane availl, force, nor effect. And thairfoir ordanis all presentationis to bene- fices, to be direct to the particular presbiteries, in all tyme cum- ing : with full power to thame to gifF collationis thereupon ; And to put ordour to all materis and causes ecclesiasticall, within thair boundis, according to the discipline of the Kirk : Providing the foirsaidis presbiteries be bund and astrictit to ressaue and admilt quhatsumeuir qualifiet minister presentit be his Majestie, or uther laic patrounes. XV. Vnqualified persones being deprived, the Benefice vaikis, and the Patron not presentand, the richt of Presentation pertaines to the Presbytery, but prejudice of the tackes, set be the person deprived. — Act 1592, c. 117.* Our Souerane Lord Considering the greit abuses quhilkis ar lait- lie croppen in the Kirk, throw the misbehaviour of sik personis as ar providit to ecclesiasticall functionis : sic as personages and vic- arages within any parrochin, and thairefter neglecting thair charge, ather levis thair cure, or ellis committis sik cryraes, faultis, or enor- mities that they are fund worthie of the sentence of deprivatiouu, ather befoir thair awin presbiterie, or ellis befoir the Sinodall and Generall Assemblies. Quhilk sentence is the less regardit be thame, Because, albeit they be deprivit of their functioun and cure within the Kirk : zit thay tliinke they may bruike lawfully the profites and • Acts, vol. iii. p. 342. APP. 1592.J KIRK OF SCOTLAND. 377 rentes of their saids benefices, enduring their lyfetymes, Notwith- standing the said sentence of deprivatioun: Thairfore, our Soverane Lord, with avice of the Estaitis of this present Parliament, declaris, that all and quhatsumever sentence of deprivatioun, ather pronouncit already, or that happenis to be pronouncit hereafter, be ony Pres- byterie, Synodall or General Assemblie, agains ony persone or vic- are within their jurisdictioun, provydit sen his Hienes coronation : (All personis provydit to personages and vicarages, quha hes voit in Parliament, Secreit Councill, and Sessioun, or providit thairto of auld, befoir the Kingis coronatioun, And Maister George Young, Archidene of Sand Androis, being specially exceptit,) is and sal be repute in all jugementis, ane just cause to seclude the persone befoir providit, and than deprivit frome all profites, commodities, rentis, and deweties of the said personage and vicarage, or benefice of cure : And that ather be way of actioun, exceptioun, or reply. And that the said sentence of deprivatioun salbe ane sufficient cause to mak the said benefice to vaike thereby. And the said sentence being extractit and presentit to the Patroun, the said Patroun sal be bund to present ane qualifiit persone of new to the Kirk, with- in the space of sex monethis thairefter : And gif he Tailzie to do the same, the said Patroun sal tyne the richt of presentatioun for that tyme allanerlie : And the richt of presentatioun to be devolvit in the handes of the Presbytery within the quhilk benefice lyes ; to the effect that thay may dispone the same, and gif coUatioun thereof, to sik ane qualifiit persone as they sail think expedient. Providing allwayes, in caise the Presbytery refuises to admit ane qualifiit mi- nister, presentit to thame be the Patroun : It sail be lauchfull to the Patroun to retene the haill fruitis of the same benefice in his awin handes. And forder, his Heines and Estaitis foirsaides declairis, that the deprivatioun already pronouncit, or to be pronouncit, be ony Presbytery, Synodall or Generall Assemblies, agains ony of the personis or vicaris foirsaid, sail nawayes hurte or be prejudiciall to ony tackes, lawchfuUie set be that persone deprivit, befoir his de- privatioun, to quhatsuraevir personis. 2b NOTE— 20th March 1839. Since the Preface to these sheets was in types, and, indeed, after it was made up for the press, the Editor has been favoured with the subjoined Letter from Dr Lee, in reply to some inquiries with re- gard to the measures adopted for recovery of the ancient Records of the Church. It would have been embodied in the Preface had it reached in time ; but the Editor avails himself of this opportunity to do justice to all the parties who have taken an interest in the matter of our ancient Records, and seconded Dr Lee's most meri- torious exertions. '« March 19, 1839- " My Dear Sir, " I am sorry that neither my health nor my leisure allows me to detail any of the proceedings with a view to the recovery of the Records of the Church. From the year 1820 to 1830, the cor- respondence on the subject with the late and the present Bishop of London, continued at frequent intervals, and I took repeated jour- nies to London for the purpose of carrying the point. Messrs Spot- tiswood and Robertson were very active in the matter. I had many interviews with several members of the Government and Legisla- ture, and, in particular, I was greatly indebted to the Earl of Had- dington, Sir William Rae, and Mr Home Drummond. The Dean of Faculty (then Solicitor-General) took a great interest in the malter, and I ascribe it very much to his influence, combined with the very hearty and vigorous exertions of Sir William Rae, that Sir Robert Peel, when Secretary for the Home Department, interposed in 1829. " There had been Petitions to Parliament — That to the House of Lords was presented by Lord Haddington, and supported by Lord Melville. The Petition to the House of Commons was presented by the Lord Advocate, (Sir Wm. Rae,) and supported by Sir James 380 Mackintosh and many other Members. The efFect of these move- ments, and especially of a letter from the Secretary of State to the President of Sion College, was to prevail on them to go the length, in 1830 or 1831, (I have not the precise date in my recollection,) of resolving to consent to a full transcript from tliese Records being taken, at the expense of the Church of Scotland. Unhappily this resolution was not communicated to me till the time of the meeting of the Patronage Committee in 1834; and a majority of that Com- mittee, when they ordered the Books before them, resolved to re- tain them. " It is needless now to reflect on what was done. The object of this resolution was to serve the Church ; but some oversight was committed, through which the Books were left in very unsafe keep- ing, and so they perished irrecoverably. It is still possible that the Duplicate, which was presented to the Assembly 1638, may exist. It consisted of more volumes, and was more truly the Register than that which was in Sion College. But where it can be is not so easily conjectured. I really think it very probable that it is still in existence. — In haste, " Yours, " J. Lee." 1593.] BOOKE OF THE UNIVEllSALL KIRK, &c. 381 [FIFTY-SEVENTH GENERAL ASSEMBLY.] The Generall Assemblie of the Kirk of Scotland, convenit at Dundee the' twenty-fourth of Apryll 1593. Exhortatione made be Mr Robert Bruce, Moderator of the last Assemblie. The brethren, according to their order, proceeding to the electione of ane Moderator, appoyntit in leitts Mrs David Lynd- say, James Balfour, James Nicolsone, Andrew Melvill, Patrick Simpsone, and, be pluralitie of vots, the said Mr David was chosen Moderator, hac vice. Sess. 4. 25 Aprilis. The Commissioners underwryten presentit thir Articles following to his Majestie and Counsell convenit, viz. The Lairds of Abbots- hall, Wadderburne, and Merchestoune, John Arnot and William Little, sometyme Proveists of Edinburgh, and Clement Car; Mrs Robert Bruce, Patrick Galloway, James Nicolsone, and Walter Balcanquall. Followes the Tenor of the saids Articles and humble Petitiones of the Generall Assemblie of the Kirk, cravit of his Majestie, Counsell, and Nobilitie, presently convenit. First, Seeing the increase of Papistrie is daily within this realme, It is cravit of his Majestie, that all Papists within the samen be piinisched according to the lawes of God and this realme. Item., i'hat the act of Parliament, ipso facto., may strick upon all manner of men, landit and unlandit, constitute in office or uther- wa\'es, of what sort soever they be, alseweill as the samen is pro- vydit to strick against beneficit persones. Item, That a declarator may be given against Jesuites, Seminarie Priests, and trafficking Papists, declareing them culpable of treasone and lese Majestie, whereby the receipters of such persones may be punischit according to the act of Parliament; and that reformation may be had of the said act in that pairt where the samen is only expendit against such persones receipts them be the space of three dayes, and that the penaltie of the act may be inflicted againes any receipters without any condition of dayes. 2c 382 BOOKE OF THE UNIVERSALL [1593. Item, That all such persones as the Kirk shall finde and declare publickly to be Papists, altliough they be not exconimunicat, !)e dc-barrit from brooking any office within the realme, as al>o from accesse to his Majestie's companie, and from enjoying any benefite of the lawes ; as also that thepaine of horning, and other civill paynes, may follow upon the said declarator, such lyke as presentl}' follovrea upon the sentence of excommunicatione, and that ane act of CoMncill presently be made and publisched thereupon, qwiiill the nixt Par- liament, qwliere the samen may be establisched in ane law. Item, That his Majestie will consider the great prejudice done to the haill Kirk bj' erecting of the teynds of diverse prelacies in temporalitie, as of the Abbay of Paslay and sundry others, be the qwhilksthe planting of Kirks is greatly prejudged ; and that, there- fore, ane substantiall order may be tane for remedie thereof. Forsuameikle as the numbers of the Presbytries within this realme and their places wald be knowne, the names thereof being inquyrit, the full Assemblie and number of the samen were given up as fol- lows, viz. Ane Presbytrie in Zetland, 1, callit Tingwald : In Orknay, Kirk- wall: In Kaithness, Thurso: In Sutherland, Dornoch: In Rosse, Taine and the Chanonrie : In Murray, 4 ; Innerness, Fortress, El- gine, and Kuthwen: In Aberdeene, 5; Bawmff, Deer, Innerowrie, Aberdeen, and Kyncardine: In Mearns, 1, C owy : In Angus, 4 ; Brechine, Arbrothe, Meagle, Dundee: In Dunkeld, 1, Dunkeld: In Perth. St Johiistoune, Dumblaine: In Fyfe, 4; St Androiss, Couper, Drumfermling, and Kyrkaldie: In Striviling, ane ; Lyn- lithgow : In Lowthiane, 4 ; Edinburgh, Dalkeith, Haddingtowne, and Dumbarr: In Tweidisdaill, Peeblis: In the Merss, 2 ; Chirn- syde and Dunce: In Teviotdale, Jedburgh and Melross: In Nyths- dale, ane ; Drumfreis : In Galloway, 2 ; Kirkcudbright and Wig- toune : In the Shreffdome of Aire, 2 ; Aire and Irvving: In Ran- frow, Paislay : In Lennox schyre, Dumbartone: In Clydsdale, 3; Glasgow, Hamiltone, and Lanrick. Forsuamikle as the visitation of the Presbytries throughout the realme is thought ane thing very necessare, and from diverse As- semblies comuiissione hes been given to that effect ; notthelesse ane necessitie yet remaining qwhilk craveing the contiiiowing of the said couimissione, The Kirk, tlierefore, and the Commissioners pre- sent, hes given cominissione to certaine brethren to visite and try the doctrine, lyfe, and conversation, diligence and fidelitie, of the 1593.] KIRK OF SCOTLAND. 383 pastores within the saids Presby tries, and sicklyke to try if there be any of the beneficed number within the samen, not making resi- dence, liaving no reasonable cause, to purge the samen ; if there be any that hes dilapidated their benefices, sett tacks and wthers dispositiones thereof by the consent of the Generall Kirk of God, and unable and unqualified to teaclie and edifie ; and with advyce of the Presbytrie within the qwhilk the saids persones are, to pro- ceed against them according to the qualitie of the offence, or depo- sitiones of their offices according to the acts of the Kirk : And that for schortning of the Commissioners' travells, ane diligent tryall amang themselves be taken for the Commissioners' coming, Qwhere- in they may understand and note the abuse qwhilk wald be cor- rectit; commanding also the Presbytries within tlie qwhilks the saids Commissioners remaynes to provyde for the saids Commis- sioners' flockes in their absence in the said visitatione. Sessio 5*. 26 Aprilis. The Kirk and Commissioners present ordaynes the parochiners of St Androis to landwart, to bige ane edifice to themselves, ane paroche kirk, in such ane place as the saids parochiners and Pres- bytries agries upon, nearest the mids of the paroclu-, betwixt and Lambas come ane year, accoiding to their sute made to Parliament, and sicklyke made to the Assemblie ; certifying them if they failzie, they shall be debarrit from all benefice of the Kirk of St Androis. Sessio 6. Eodem die. The names of the Kirks vaikand in Angus and Mairnes : Inchesture, Abernyte, Innergowrie, Logic, Lundie, Strukinni- ture, Inneraritie, Beadoquhy, lluthven, (Jlenila, Glames, Essie, Clodag, Kyntrahane, Acliie, Methri, Tannadaice, Aldbar, Inch- Braikie, Newdiske. Kirks within the Synodall of Glasgow unprovydit : Kilmarnock, Paislay, Kyllarnie, Balfrone, Strablade, Cardrosse, Inchcalzell, Baldernock. The Kirks provydit with men, but wanting stipends be vertue of the erectione of the teyiids of the Abbacie of Paislay in temporalities : 384 BOOKE OF THE UNIVERSALL [1593- Haramiltone, Glasford, Admoiss, Blantyre, Schotts, DalseriF, Lan- rick, Dolphingtoune, Carringtowne. The names of the Kirks unplantit within the bounds of Merss : Lammertoune, Fischerwicke, Swintowne, Howden, Fogo, Grund- lay, Stitchill, Nenthorne, Hoorae, Bassanden, Ednem, Cranschaws, Ellen. Kirks yaikand within the Presbytries of Dumblaine : Aberfoill, Kilmahugo, Callendar, Leny, Port, Kilbryde, Bal- qwhidder, Carnbie, Tullieschidlie, Sovvane, Moniwaird, Strageithie, Kynkell, Abervvheem. Kirks unplantit within the Presbytrie of Dunkeld : Strathphiline, Killine, Andrum, Inchadden, Weymes, Pitcharren alias Graintully, Kirkbreinmure, Kylconquhade, Muekiggan, Can- noch, Strowan, Blair in Athole, Ludeskill, Manenach, Muling, Fin- largie, Munnach, Dowallie. — In the laich land : — Ladybryde, Och- tergovine, Kynlewine, Capechie, Lachundie, Blair in Gowrie, Glen- shie. Kirks vaikand in Kathness, Thurso : Within Orknay, the South Hamptoune Kirk ; North Rannald- say : In Zetland — Archedenorie, Fara, Birsa, Nesting, Levingsting, Kingfuing. Sessio 7. 27 Aprilis. In presence of the haill Assembly, compeired Sir James Melvill of Halhill, ane of the Commissioners direct be his Majestic to com- peir in his Heines' name as Commissioner, and presentit his Majes- tie's missive direct to that effect, with certaine articles, and ane act of Parliament for instructing thereof, qwhilk the Assemblie thocht meet privatly to be considerit be certaine brethren, qwha were ap- pointit to conferre with his Majestie's Commissioners, and to that effect were dispatchit out of the Assemblie to advyse and giue their opinione at their returne, to witt, Mrs Robert Bruce, Robert Pont, Andrew Melville, James Nicolsone, Peter Blackburne, James Mel- vill, the Laird of Cambo, Commissioners of Edinburgh : Qwho re- turning, read the Articles and their Answers, qwhilks the Kirk ap- provit ; Ordayning the saids Articles, Answers thereunto, and aet 1593.] KIRK OF SCOTLAND. 385 of Parliament, to be insert in the Register of the Kirk, qwherof the tenor follovvis : — The Articles proponit in his Majestie's name to the Generall Assemblie, presently convenit at Dundie. His Majestie declares, that in respect he cannot of honour sie the priviledge of his Crowne hurt, Therefore he will have regard to sie the last act of Parliament keepit concernyng the conveining of the Generall Assemblie be his Majestie's appoyntment ; willing them heirfore, before their skailling, to direct two or three of their number unto him, to desyre him to appoynt the day and place of their next conveining. Secondlie, His Majestie desyres them to make ane Act of their Assemblie, prohibiting all and euery ane of the ministrie, under the paine of deprivatione, to declame againes his Majestie or Coun- sellors' proceedings in pulpit, not only in respect of his Majestie's knawne good intention, for the furtiisetting of pietie and justice, but l^'kevvayes because his Majestie at all tymesgiues readie accesse and loving care to sundrie of the ministers, to informe, delait, or complaine, either in their awn name or in the name of any of the brethrene. Thirdly, His Majestie desyres them to appoynt and put on leitt, fyve or six of the most discriet of the ministers, that his Majestie may make choice of tvva of them to serve in his house, in respect of Mr Craig his decripit age. Fourthly, Seeing the standing of the religione and the welfare of his Majestie's persone are so inseparablie joynit, as qwhatsumever are enemies to the ane are commone enemies to both ; so his Ma- jestie desyres, that through all the Presby tries of this countrie, there shall be some appoyntit to advertise and informe his Majestie heirafter, with diligence, for the mair speedie remedie, not only of qwhatsumever practises they can learne many wayes, of Papists and Spanish factiones, but also of the receipters and practises of Bothvvell, qwhereof they can haue any knawledge ; Qwhais haill courses, as they are directly against his Majestie's persone, so whollie they tend to the subversione of the whole religione : with direction also to them to informe also the haill Barrones and honest men maist tenderous of his Majestie's wellfare to giue ever such faithfuU intelligence of the saids practises as they can learne from tyme to tyme. 386 BOOKE OF THE UNIVERSALL [1593. Fifthly, His Majestie desyres, that through all the countrie, qwhere there is any ports for landing-places, that there be some of the brethren speciallie appoyntit to deall so with the burgesses that they may take good and sufficient trjall according to his Majestie's law made thereanent, of all those qwho shall hereafter come in, or pass furth of this eountrey qwliarfra they came, and qwharto they are bound ; qvvhat is their traffique or intention to due : And so, after good and sufficient tryell, if there be anything of weight and importance, that they on no wayes faill to make his Majestie ac- quaint therwithall ; to tiie effect Ifis Majestie may the more easilie discover qwhatsuraever forraigne or civill practises, is or shall be in held against the present estate of religione : And this he cravit to be done so faithfullie, as he hes good opinione of your earnest afFectione, no lesse in the preservation of his Majestie's awne per- sone as in the defence of the common cause; as also he promises to assist and aide yow in all and qwhatsumever your good resolutiones, that may tend to the furderance of peace and quyetness; with the advancement and raaintainance of the religion presently professit iu this realme. Humble Answers of the Generall Assemblie to the Articles proponit be his Majestie's Commissioners to the same, at Dundie, the 27th of Aprylle. First, The Article coneernyng the conveining of the said Gene- rall Assemblie is agreit unto, according to the tenor of the act of Parliament presentit with the saids Articles. As touching the 2d Article, It is ordaynit be the haill Kirk, that no minister within this realme utter from pulpitt any rashe or un- reverent speeches againes his Majestie or Councill, or their pro- ceedings ; but that all their public admonitiones proceed upon just and necessar causes and sufficient warrant, in all fear, love and re- verence, under the paine of deposeing such as does in the contrare, from their functione and office in the ministrie. As to the 3d Article, The Kirk agries therto, and speciallie anent the provisione of ministers ane or mae to his Majestie ; that certaine be nominat be the Commissioners direct to his Grace with his advyce, of qwham his Mnjestie n)ay make choyse : ai)d the brethren to be lykit of his Majestie, to be placit and adniittit be the Presbytrie where his Grace shall be resident for the tyme. As coneernyng the 4th and 5th Articles, the saraen are conde- 159a.] KIRK OF SCOTLAND. 387 scendit to and order taken, as his Majestie shall be particularly in- formit be the said Commissioners. Follows the tenor of the act of Parliament. [The Act 5th June 1592, 12 James VL is referred to — Vide Appendix II. p. 373.] Ordaynes supplications to be made in Parliament, that in all kirks, alsweill Abbay and Cathedrall Kirks, or uthers qwhatsum- ever, qwhere either the haill parochine is kirkland, or ane pairt thereof only, and there hes neither been manses nor gleibs knawne to appertayne therto of old, — that the Estates of Parliament make the act concernyng the designatione of manses and gleibs to be ex- teiidit to all the forsaids kirks, and tliat there be four aikers of kirkland designit and grantit to the minister most commodious and nearest the kirk, qwhether there hes bein a gleib there, or ane part only, not extending to four acres of land. Sessio 8*. Eodem die. Anent Colledges and rents thereof: The Assembly hes ordayned that no dispositione of the rents and living thereof be tack or uther title be made without the advyce and consent of the Generall As- semblie, under the paine of depositione of the persones doeing in the coDtrare. Anent the residence of ministers, for furderance of the residence of such persones as partaike of manses are non-resident : It is re- solvit and agreit that euery parochine where the pastors' manses is aither ruinous or altogether laiks, be ordaynit to repare and build the same manses upon their awne expenses, with stane, timber, and all uther materialls, with workmanship, carriage, and uthers things needfuU for the repairing and bigging thereof, Qwhilk if they fail- lie and refuse to doe, being dewly reqnyrit, tliey shall not only, so many as refuis, be balden be the Kirk, the haill cause of their pas- tor's not residence, but also it shall be lawfuU to the aires, execu- tors, and assignayes of the minister or reader departing, or himselfe dureing his lyfetyme, to reteine the possessione of the manse builded be him, in caice he build and repaire the same upon his awne expenses after tiie refusall of the parochiners, ay and qwhill the nixt intrant minister or reider refund to liini, his aires, executors, or assigneys, the haill expences made be him for repairing and building ; at leist saemeikle thereof as the parochine cannot be movit to re- 388 BOOKE OF THE FNIVERSALL [1593. found ; and that the presbytrie at the intrant's admissione take order for performance heirof : provj'ding that theexpences to be made be the said pastor or reader exceed not four hundreth marks, and that the presbytrie, after his repairing or bigging of the said manss, take the exact compt and tryall of his expenses, and give him their al- lowance tharupon, to be registrate in their books ; And this act als- - weell to extend to them that is alyve and hes alreadie bigged, as to them that are to bigg or repaire hereafter. And lykewise the se- cond and third minister or reader, and consequently the succes- sors to the ministers where the manss is biggit, shall haue the lyke title to crave of the intrant after him the said expenses, qwhilk he hes depursit to his predicessors, ay and qwhill the parochiners redeem and acquit the said manss or bigging thereof, to be made free there- after to the intrant minister or reader. Sessio 9' Aprilis 28. Because the haill Assembly could not meet before the Parliament to be haldin in June next, It is ordaynit that a brother or twa [of every Presbytrie*] shall meet to consult, treat, resolve, and con- clude upon such heads, poynts, articles, petitions, and supplicationes, as they shall think meet to be cravit and concludit be consent of Parliament, for the glory of God, and comfort of the generall Kirk ; qwhiiks breither shall haue the power of the said Generall Assem- bly, and proceed as the samen might doe if the haill number were present. The qwhilk day, after the reasons were heard and discussit, con- tenit in the appellatione presentit to the Generall Assemblie be Mr Andrew Young, minister of Dumblane, the Generall Assembly or- daynes the Presbytrie of Dumblane to be transport it to Auchterar- dour, with libertie to the brethren of Dumblane appealing, aither to resort to Auchterardour or Striviling, as they please. Forsuameikle as in Synodall Assemblies, the books of particular presbytries are tryit and visitit, and heretofore, the books of the Sy- nodall Assemblies hes not bein tryit in the Generall, qwhilk appears to the haill brethrene to be necessar : Therefore it is concludit in tyme coming, to every Generall Assembly, the books of the Syno- dall Assemblies shall be direct be the Synodalls, to be sichtit and • Calderwood MS. vol. iv, p. 310. 1593.1 KIRK OF SCOTLAND. 389 considerit in the Generall Assembly, for understanding the better of their proceedings, under the panes of the censure of the Kirk. Anent the contraversies betwixt the brethren of the ministrie : ffor uptacking thereof, it is resolvit and concludit be the haill bre- thren and Commissioners present, thatqwhene any plea or contraver- sy aryses betwixt the breither of the ministrie, though it be in ci- uil matters, if they be of ane presbytrie, that they elect brethrene of the said presbytrie, to qwhat number they think best, qwho shall choose ane oversman, and summarly decyde and give sentence in the matter, qwhilk shall be irrevocable ; and no appelatione to be interponed therefrae : And if they be of diuersepresbytries, they lyke- wise make election of brethren of aither of the presbytries, in equall number as the saids contendars shall agree, qwhilk brethren so elec- tit shall choose ane oversman, and decyde and give sentence as said is ; from the qwhilk no appellatione shall be interponit. And if any brother will be willful and refuse this forme and submissione, he shall be halden be the Kirk contumax. Att Edinburgh, 24th of March 1595.* The pane is deprivatione, and that this act be put in exe- cutione presently for decision of the contraversie betwixt James Andersone and Mr Henry Guthrie. Anent the Ministrie of St Androis : The Generall Assembly Or- dayns and appoynts Mr David Black, minister of St Androis, to discharge the dewtie of ane lawfull ordinar pastor therein, in preach- ing the word, ministratione of the sacraments, and exercising of discipline, so far as he is able to doe, according to the measure of his gifts that God hes bestowit on him ; and to the intent that the said Mr David may, with fruit and comfort, trauell in the said mi- nistrie, the said Assembly ordaynes the said Mr David to give in into the presbytrie thair, such things as he wald haue furtherit and brocht to passe for the wiell of the said congregatione and ministrie thereof, to the performance qwhereof, the said presbytrie shall in- devoure themselves to the wttermost, having before their eyes the honour of God, the weell of the people and towne, and ease and peace of their awne conscience ; unto the qwhilk presbytrie, this pre- sent Assemblie grants and committs full power and authoritie for that effect. And because the said Mr David is not able to enter in that charge alone, the said Assembly hes nominat Mr Robert Wallace, for the speciall meet qualities thej- know to be in him, to be associat with the said Mr David, as ane fellow-labourer in the ministrie foresaid ; * Probably a clerical error. 390 BOOKE OF THE UNIVERSALL [1593. giving full commission to the presbytrie to try the consent of the haill towne and universitie of St Androis, concerning their lyking of the said Mr Robert to be associat in the ministrie as said is ; and fin(iing no reasonable cause alleadgit and verified against the said Mr Roliert, in lyfe or doctrine, qsvhairfore they should not giue their consent and approbatione to the said Mr Robert, for the cause mentionat, but the maist part of the towne and universitie, consent- ing to ills ressait, the Generall Assemblie ordaynes the said presby- terie to associat and place the said Mr Robert, fellow-labourer with the said Mr David Black, and the said towne of St Androis to pay the said fellow-labourer his stipend thankfuUie, according to the promise made in Synodall and General Assemblies. And in caice the maist part of the said towne and universitie consent not to the receiving of the said Mr Robert, the Kirk gives libertie to the said Mr David, with advyse of the said towne, to choyce ane brother, of qwhom they may both haue lyking: and to tlie intent, this order taken with the said ministrie of St Androis as is above sett downe, may be better performit and settlit, the said Assemblie giues com- mission to Mrs Robert Bruce and David Lyndsay, conjunctlie and severallie, as their adoes and occasiones may permitt, to visit the said Kirk of St Androis in their returning from the Assemblie, and travell with the haill number of the said kirk, for putting of their ministrie to ane peaceable stay and ordour : as also, to sie that qwhilk is decornit in this Assembly concernyng the landwart to be forderit and brought to passe, and for quyeting the state of the towne. Mr William Coke, younger, for the provest, baillies, and councill of the towne, disassentit from the nominatione of Mr Robert Wal- lace. The Generall Assemblie, by the authoritie given to them of God, discharges all and every Christiane within the Kirk of Scotland from repairing to any of the King of Spaine his dominions qwhere the tyrannic of inquisitione is used for traffiquers with merchandice, negotiatione or exercing of sea-fareing occupatione, untill the tyme the King's Majestie, be the advyce of the Counsell, haue saucht and obtained speciall libertie and licence of the King of Spaine for all his leiges and subjects, to traffick in merchandice, and occupie with- in the haill pairts of the King of Spaine his dominions, without any danger to their persone or goods, for the cause of their religion and conscience, under the paine of incurring the censure of the Kirk, until the last sentence of excomraunicatione. 1594.] KIRK OF SCOTLAND. 391 [FIFTY-EIGHTH GENERAL ASSEMBLY.] The Generall Assembly of the Kirk of Scotland, convenit at Edinburgh, the 7 of xMay 1594. Exhortatione being made be Mr David Lindsay, last Moderator, the Assembly proceedit to the electiotie of a new Moderator, and appoynting tlie leets, Mr Andrew Melvill, Patrick Galloway, Pa- trick Simpsone, Robert Pont, the said Mr Andrew was chosen hac vice. Sessio 2*. May 8. The necessitie of the tyme and affaires qwhilk are to be intreatit being considerit be the Kirk, it was concludit that no brother hav- ing Coiumissione to this Asseniblie depart from the samen, before the fiiiall dissolutione tiiereof, without licence obtained therefrae, under the paine of suspensione from their office, untill they be re- ponit be the said Generall Assemblie thereto. And as concernyng the penaltie of Commissioners that comes not to the Assembly at all, or remaynes not qwhill the end thereof, ordaynes the Register to be considerit what hes been statute already, and to report afier- noone. Sessio 3*. Eodem die. ' Anent the citatione of James Drummond, Oliver Young, James Adie, John Reid, Patrick Justice, William Hall, indwellersof Perth, at the instance of the brethren of the presbytrie there, for the sclanderous receipting of the apostats lords within their towne : the saids persones compeirand and iiiqu^rit gif they receipt the saids lords, and ac- knowledged therein simplie ane offence done to God and his kirk, answerit, they receavit them, but against their will, and for obedi- ence of the King's charge ; allwayes before the comeing of the charge, the greitest pairt of all the towne had condescendit to re- ceave tliem ; and being urged with the promise tluy made not to receive them, and violatione thereof, answerit, that promise of assist- ance was made to tliem and not keipit. After qwhilk answer be- ing removed, and certain good brethren being direct to conferr with 392 BOOKE OF THE UNIVERSALL [1594. them, and re-entering, they for themselves, and in name of the haill towne, confesst to the glory of God and satisfactione of the Assem- bly, that they were over rasche and sudden in receiving such noto- rious enemies to God, desyreing most earnestly that no man be sclanderit or take evill example thereby ; protesting before God, they cnterit in the towne against their hearts, that are present here, promising be God's grace never to give occasione in tyme come- ing, and to assist and maintaine the Kirk of God and his trew reli- gion, professit presently within this realme, and to resist the ene- mies and adversaries thereof to the uttermost of their power, and to obey and put in executione, so far as concerns their dewtie, the or- dinances of the Kirk agreeing with the word of God : qwhilk pro- fessione they gave in in wreit, and subscrivit the samen with their hands, so many as could wreit, in presence of the haill Kirk ; qwhair- with the brethren standing content, ordaynit the minister of the towne of Perth to publische the same in the pulpit, and to declare satisfaction of the Assembly thereanent, ordayning also the acts concernyng this offence, registrat in the books of the Presbytrie, and proces deducit therein against the towne, to be obliterat and put out of the register. Sessio 4\ May 9- Anent the sentence of excommunication, pronuncit be the bre- threne of the Synodall Assembly of Fyfe, against the apostat lords : — The haill Assemblie, in ane voyce, ratifies and allowes the said sentence and proces of excommunication led against them, ordayn- ing the haill pastores within this realme, to intimate solemnly at their kirk the said sentence, that nane pretend ignorance of the same, except Alexander Lord Hoome, who hes satisfiet the Kirk, and re- ]apsit therfrae. Forsuameikle as particular inquisitione hes been made of the pres- bytries, concerning their diligence for extirpation of Papistrie, and discipline usit against them, and receipters of excommunicat Jesu- ites and Seminarie Priests, qwherthrow the danger evident to the trew religione and Kirk of God may be rightly weyit, It was thought meet to take ane consideratione of his Majestie's endeavoure, and of the haill Kirk's farder in this matter ; Qwherin, first, syndrie of his Majestie's good etlings were layit down, specially at the read of Aberdeene, qwbere his Majestie, noblemen, and barrones, conveint, made ane band for the surety of religion, took the houses of the 1594.] KIRK OP SCOTLAND. 394 apostates, and putt them into them, callit such as were Papists, qwhilk were sent to Edinburgh to satisfie, and commissione given be his Majestie to the Earle Marischell of Livetennendrie for re- pressing of Papists and traffiquers: Suchlyke divers barrones callit in his Majestie to cognosce the same to be their handwreits be the blanks subscribed be the apostate lords, qwho verified the sa- inen to be their handwreits. Item, After his returning from the read, ane act of counsell made, that nane should procure at his Ma- jestie for any favour or grace to them, with ane charge to his mini- sters to take the oathes of his domestickes, that they should no wayes interceid for them at his hand ; qwhilk was done. And as concernyng the pairt of the Kirk in thir dangers, that it may appear they have not been idle or negligent in craving reme- die, their trauells wes considerit in this, that they had proponed articles to the Parliament for the forfaultor of the apostates : They had direct their petitiones to Jedburgh, ffrora thence new articles to Linlithgow ; of all of qwhilks small success has beene, and the danger nothing diminisched. FoUoweth the tenor of the Bond and Act above specifeit. Wee, Noblemen, Barrones, and wthers, undersubscryvand, being fully and certainly perswadit of the treasonable practises and con- spiracies of syndrie his Heines' unnaturall and unthankfuU subjects against the estate of the trew Religione presently professit within this realme, his Majestie's persone, Crowne, and libertie of this our native countrey, and finding his Majestie's good dispositione to pre- vent and resist the samen, and to repress the chief authors thereof, his Majestie having our concurrence and assistance to the samen effect. Therefore, accordiri; to our bounden dewtie and zeall aucht to God's glory, loue of our natiue countrey, and affection to his Majestie's persone, Crowne, and estate. We haue promittit, and be thir presents promitts faithfully, Binds and obleisses us, and euery ane of us, to concurr and take ane aifald leill and trew part with his Majestie, and ilk ane of us with wthers, to the maintainance and defence of the libertie of the said trew Religione, Crown, and Country, ffrom thraldome of conscience, conqueiss and slaverie of strangers, and resisting, repressing, and persutcof the chief authors of the saids treasonable conspiracies ; as, in speciall, of George Earle of Huntlie, William Earle of Angus, Ffrances Earle of Ar- roll, Sir Patrick Gordowne of Auchindowane, Knight, Sir James 594 BOOKE OF THE UNIVERSALL [1593. Chisliolme of Dnndarne, Knight, Mr James Gordowne, William Ogelby, Hobert Abercrutnbie, and all wthers Jesuites, Seminarie Priests, trafficking Papists, and wtliers, his Heines' declairit tray- tours, rebellious and unnaturall subjects, treasonable practisers against the estate of the trew Religione, his Majeslie's persone and Crowne, and libertie of this our native countrey : And to that effect We, and every ane of us, sail putt our selves in armes, ryse, con- curr and passe fordvvard with his Majestie, his Livetennands, or wthers having his Majestie's power and commissione, at all tymes, as we shall be requyrit be proclamations, missive letters, or wther wayes, and shall never shrink nor absent ourselves for any parti- cular cause or quarrell amongst our selues : We shall not ryde, assist, schaw favour, giue counsell, nor take part with the saids Earles, Jesuifes, or vvthers forsaids, nor yet with the persones de- nuncit or to be denuncit to the home, or declairit fugitives fra his Majestie's lawes, for the treasonable fyre-raising and burning of the place of Dinnybrissle, and murder of uniqll James Earle of Mor- ray, neither receipt, supply, nor entertaine them, nor yet furnische them meatt, drink, house, nor harberie, nor wtherwayes have intel- ligence with them, privatly nor publickly, be letters, missives, nor no wther manner of way ; the skaith and harme of wthers we shall not conceall, but disclose and impede the samen to our utter pow- ers. The quarrell or persute of us or any of us we shall esteeme, likeas presently we doe esteem, equall to us all, and, be ourselves, our liaill forces, likeas his Majestie, with his Heines' force and au- thoritie, hes promittit, and promitts, to concurr and assist together, ilk ane in the defence of wthers to our owther powers ; and, in Cfiice any variance shall happen to fall out amongst any of us, for qwhatsumevir cause, We shall submitt, Likeas presentl}' we sub- mitt us, to the judgement and delyverance of any two or three of the principalis of us, subscryvers of this present bond, and fullfill whatsumevir shall be declareit be them, but reclamatione or con- tradict ione. Attour, his Majestie, be qwhais directione and com- mand, with advyce of his Counsell, there is certaine Barrones and •wthers gentlemen direct to remaine in the South pairts of this realme, hes promittit, and be thir presents promitts, in the word of a prince, that the samen Barrones sliall not be licentiat to rerurne hame againe to the saids north parts, nather shall any favour or pardon be granted to the saids Earles, Jei-uites, or wthers above- mentionat, nor no order taine now, dispensit with, without the 1593.] KIRK OF SCOTLAND. 395 speciall knowledge and adv3ce of the Livetennent and Commis- sioner for the tyme, and sax of the principail Barrones, at, leist, in- habitants of the saids north parts, subscryvers of this present band; and this to do, We. the saids Noblemen, Barrones, and wthers for- said, hes sworne and swears, be the great God our Creatour, Jesus Christ His Sonne our Redeemer, the Holy Ghost our Sanctifier, witnesses of the verity here agriet upon, and revenger of the brake thereof; and further obleisses us thereto under the paine of per- jarie, iiifamie, and tinsell of credite perpetuallie, honour and esti- matione in tyme comeing, besydes the ordinary paines of the lawes to \)e execute upon us, in signe and memorie of our unnaturall desertionefrom God and his Majestie. In witness qwharof, we have subanie, butt also have taine occasione and leisure to persuade syndrie of his Hienes subjects to apostatise from that Religione qwhaiiin they were well instructed and groundit, and hes confirmit uthers in their errors, and at last seducit them to cast off that dew obedience whilk they awe to his Majestie, and entir in a treasonable conspiracie for inbringing of strangers-Span- ^gairds within this realme, the nixt spring or sooner, to the overthrow- ing of his Hienes and all professing the trew Religione with him, and to the ruine and conqueste of this antient kingdome and liber- tie qwhilke this natione hes injoyit so many ages, that it may be subject heirafter to the slaverie and tyrannic of that proud natione, 396 BOOKE OF THE UNIVERSALL [1594. whilk hes made such unlawful! and cruell conqueste iu diverse pairtes of the world, alsweill upono the Christlanes as Infidells, wherever the aide of Spaine hes beene socht — regarding in the end no better their inbringers nor them against qwhom they were in- brought, being ance victors and commanders — as easily may be proven be speciall examples, qwhilk the malicious and unnatural! subjects of this land wald repute but as general! and improbable discourses, published in hatred of that natione to whome they have alreadie sold themselves slaves, and are their friends and factors in this land* as they speake and wryte, were not it hath pleasit the good pleasure of Almightie God to make the proofe heirof certaine and without all doubt, be erecting of the simple truth of the inten- tion and finall cause of all the crafty practises of their pernicious and trafficking Papists, Jesuites, and Seminarie Priests againes God, trew Religione, his Majestie, and libertie of this countrie : namelie, Mr James Gordowne, father-brother to the Earle of Huntlie, Mr Robert Abercrombie, father-brother to tlie Laird of Murthlie, quhais letters, directiones, advj'ces, yea and the messengers carriers of their credite and certaine uthers chiefe instruments and further- ers of their trade, God hes casten in his Hienes hands, qwhen the schip appoyntit for their transporting was in full readiness to make saill : Qwhereby his Majestie is now not only sufficiently foirwarnit of the imminent danger to the trew Religione, his awne estate and persone, his realme and faithfuU subjects, but resolvit be God's help, be quhais Pi'ovidence he hes been wonderfully delyverit frome so many former perrills, to try the circumstance of this so highe a con- spiracie and detestable treasone, to withstand it, to punische the same and all guiltie thereof, in example to the posteritie ; and that nane of his subjects heretofore abused and deceived be the craftie illusions of thir pernitious and busie warkmen shall remaine any langer doubtful! of the truth of his Majestie's minde and intentione, — Ordaynes letters to be direct to officers of amies, ShrefFs in that part, to make publicatione of the premises be open proclamation at the mercatt cross of the hied burghs of this realme and wtliers places needful!, for warning of them of their awne danger, giff they shall suffer themselves to be any langer led in error be such deceiv- able spirits, to the perrill of their saules, bodies, lands, and goods, and therefore to abstaine from further hearkening to their treason- able persuasions, and from all intertaining, receipt, supply, or inter- commoning, or having intelligence with them, directly or indirectly, 1594.] KIRK OF SCOTLAND. 397 under qwhatsomevir pretext, or cullour, under the payne of trea- sone; commanding also all and snndrie his liynes' faithfull and obe- dient subjects that loves and feares God, wald the standing and welfare of his Majestie their Sovereigne Lord and King, profess- ing with him the Irew and Christian rfligione, and desyres that their awne wyffes, bairnes, and posteritie sould now and hereafter injny the commodities of this their native countrie, unconqueist and made slaves in sawles and bodies to merciless strangers, — that they implore the protection and mercy of Almighty God for their de- fence and safeguard, and put themselves in amies by all good meaiics they can — remaining in full readiness to persevv or defend as they shall be advertised be his Majestie or otherwayes finds the occasion urgent ; in the meantyme diligently espying and getting intelligence of (he treasonable courses and proceedings of the saids Jesuites, Seminarie Priests, their favourers, intertayncrs, and re- ceipters, and make advertisement to his Majestie or any of his coun- cill, and thereof, with all speed and celeritie, as they will answer to God and his Majestie thereupon. Sic subscrihilur. Ja. Rex. The Generall Assembly of the Kirk glues comuissione to their brethren, Mrs Patrick Galloway, his Hienes' minister, Peter Black- burne, and Patrick Simpsone, to give informatione to his Majestie of tlie evident danger imminent to the Kirk of God, within this realme, according to the instruction giuen unto them, and there wiih- all to present to his Majestie, the humble Articles and Petitions of the Assemblie proponit for removeing of the saids dangers, and to insist with all humilitie and dew reverence for his Majestie's good answer thereto, to the glory of God, and the comfort of his Kirk, and to report with all good diligence, his Majestie's answer to the Assembly before they dissolve. The Dangers qwhilks through the impunitie of the excommu- nicat Papists, traffiquers with the Spaingards and wthers enemies of the Religione and Estate are imminent to the trew Religione professit within this countrie, his Majestie's person, crown, and libertie of this our native countrey. The samyn dangers, whilk of before by the craftie and pernici- ous practices of tlie Jesuites, and malicious, unnaturall, and trea- sonable conspiracies of the Earles of Pluntlie, Erroll, and Angus, 2 D 398 BOOKE OF THE UNIVERSALL [1594. with their complices, threatins the subversione of the trew religione and the professors thereof, his Majestie's crowne and persone, and of this their native countrie to the cruell and merciless Spaingard, and were at tliat tyrae discovered and apprehended be his Majestie and Estates, and haill bodie of this realme, so evidentlie that nane can pretend ignorance — at this tyrae ar(> imminent, more urgent and mairo to be feared nor qwhen the danger seemed to be greatest, as may appear by these reasons following: — First, It is certaine that the Spaingard qwho, with so great pre- parationes in the Ixxx. and aught year interprizod the conquess of this isle, remaines as yet firme of that intentione, and waits only on ane meit occasione to acconiplische that his purpose, as it appeares clearly by his continowing in this intertainment of intelligence, and trafficting with the forsaids excomniunicats, ever since the dissipa- tion of his navie. Secundo, The manifest rebellions of the forsaids excomniuni- cats and defections from his Majestie's obedience, after so evident appearances of their wrack for tiieir manifest treasonable attempts at the Bridge of Die, at Falkland, &c. and the proofe of his Majes- tie's obedience and favour toward them in pardoning their forsaids treasones, declares that their malicious and restless ingynes in the prosecnting of their unnaturall conspiracies against the religion and countrie, cannot leave off nor cease so long as they are not pun- ischit, nor restrainit by justice and execution of justice. Thirdlie, Qwhereas the Kirk, on all occasions, lies insistit to de- clair to his Majestie, Counsell and Estates, the dangers evident for the t3'me, and to craue convenient remedies thereunto, yet in effect nothing hes been obteinit, notwithstanding whatsumever promises, acts, proclamations, reads, &c. Qwhairthrow they have bein ahvayes put in great securitie, and taks libertie and boldness of farther practises and attempts. Fourtlilie, Notwithstanding it was expressly provydit be act of Counsell, that nane should presume to traffique nor speak in favours of the saids excommunicats, under the payne of tynsell of their offices; yet now they are advancit in greater credite of his Majestie that are knowne to have been their chiefest favourers, and they ceise not as yet, contrare to their promises, to procure them all favour, sicht and immunitie, as it appeares in the effect, qwhatsoever they pretend. Fiflhliet The erection of the idolatrie of the Masse in diverse 1594.] KIRK OF SCOTLAND. 399 quarters of the land, as, namely, in Mr Walter Lyndsay's house of Balgay, in Angus — in the young Laird of Bonnytoune's house Barnes — in the Earle of Angus' houses of Bothwell and Clidesdaill, and in the places of his residence in Douglasdaill — in the Earle of Huntlie's house of Strabogy and Auld Aberdeene — in the Earle of ArroU's houses of Logyamont andSlaines, — proves clearly that either they finde themselves sufficiently assurit of such favour and assist- ance within the countrey, as n.ay plainly mentaine their cause be force, or else that they are persuaded of the aide of strangers, to be in such readiness as in dew time may serve for their reliefe, before that his Majestie and professors of religion performe any thing in effect in the contrair, or wtherwayes they durst never so openly dis- close their idolatrie. Sixthlie, The refuseing the act of abolitione ofFerit to them be his Majestie, to the great griefe of his subjects, proveth sufficiently the samen; for it is very probable and manifest that tliey wald never have refused so great ane benefite, except they had thought them- selves fullie assured of ane better, either be favour of Court and as- sistance within the countrey. or be concurrance had of strangers without. Seventhlie, Their refuseall to entir in ward, notwithstanding of his Majestie's indignatione, and all that might follow therupon, proves the same. Auchtlie, The late arrival of this bark at Montross, evidently shawis that their dangerous practises are presently at the poynt of executione against the religion and the countrie, and must hastily bring forth some great inconvenient, except they be preventit and resisted be ane present remedie. Ninthlie, The open conventions of the foirenamit excommunicat Earles halden at Brechine and uthers places, since the arryvall of the said bark, declares tliat they esteem their courses now to be so substantiallie led, that they regard not qwhat may be done for re- sisting of the same. Tenthlie, The diligence of the saids exco:umunicats in prepare- ing and putting of their haill forces in the north in amies and rea- diness upon advertisement, scbawes that they have some present enterpryze, and attends only upon concurrance qwhilk appearandl}^ they are very meikle animat to look for since the arryvall of the said bark. Eleventhlie, Qwhereas his Majestie and Estates, at the first dis- 400 BOOKE OF THE UNIVERSALL [1594. covery of their conspiracies, apprehendit ane very great danger to trevv religione, tiie King's Estate and Crowne and libertie of tlie countrie ; and notwitlistanding tliat the samen cause of danger as yet remaines haill unremovit, tiiere is no appreliension of any dan- ger, nor any care to withstand it. It is evident that either there is ane inclinatione and purpose to cover, extenuat and beir furth the evill cause, qwhertln-ow they will not sie, or else the Loid in judge- ment hes blinded and hardened the heartes of all Estates, to graape in the mid-day that qwhilk they cannot sie, qwhilk is the greatest danger of all, and ane most cortaine argument of the wrath of God, and his heavie judgement hingand over the land, and so meikle the maire to be fearit because there is no cause of fear to be appre- hendit. Remedies for the samine. For remedie of the forsaids dangers, the Assembly ordaynes the Commissioners to deall earnestlie with his Majesty, that he may .apprehend the perrill, and be movit with ane bent affpctione, to proceed against the foirenamit excommunicat Papists, Traitors, as follows : — 1. That the saids excommunicats be forfanltit without favour; and, to that effect, that the Parliament appoyntit to be tlie 27th of this instant be halden precisely without any kind of delay — the Advocat sufficientlie instructit in every poynt, that the summonds may be found relevant, and sufficient-pVubatione provydit. 2. That nane suspect of Religione be chosen upon the Arti- cles. 3. That they be persewit after the forfatrie be way of deid, with all extreamitie, and their land and rents annexit to the Crowne, to remaine witii his Majestie and successors for ever, and no pairt thereof disponii to any in favoures of the persones forfanltit. 4. That in the meantyme his Majestie liis guaid be imployit for apprehending Mr Walter Lyndsay, the Abbot of New Abbay, Ronnytonne, younger, Mr George Kerr, Mr Alexander Leslie, Thomas Tyrie, with all uthers traffiquers with Jesiiites and Semi- narie Priests, not conteint in the summonds of forfatrie. 5. That the rebells' houses be taken, chargit and mannit, and their livings introniittit with and uptaken to his M;'jestie's use without favour, and no pairt thereof disponit to their friends, or any uther persone for tiieir commoditie. 1594.] KIRK OF SCOTLAND. 401 6. That all persones be inliibite, under the paine of treasone and tynsell of their life, lands and goods, to receipt, supply, ryse and concurre, or have intelligence with the forsaids exconimunicats, undef qwhatsoniever pretence of vassalls or defenders. 7. That the haill subjects be chargit to put themselves in armes be all good meanes they can, remaining in full readiness to persevv and defend, as they shall be certified be his Majestie or uthers find- ing the occasion urgent. 8. That the bark, arryvit at Montrose be apprehended, and the persones that were within her, togetlier with such others as lies had a dealing with thein, according as they shall be given up in ticket, be callit and diligently examinat for discoverie of the practises and purposes qvvhilk they have presently in hand. 9. F.jrsuameikle as the Lord Hoome hes contraveint sundrie poynts qwherin he was oblisched to the Kirk of Edinburgh be his promise at the receiving of his subscriptione, as, namely, in not sa- tisfying the Assembly of Fyfe, and not receaving ane minister in his house — in not removeing furth of his company Captaine Androw Gray and Thomas Tyrie ; whereby, as also by his sclanderous lyfe sen his sul)scr!ptione, he hes given just cause of suspition to the Kirk and all good men, that in his heart he is not yet trewlie sanc- tified and convertit to tlie trew Religione : Tlierefore, that his Ma- jestie wald take earnest tryall of the premisses, and thereof judge if there appear in him such ane sinceriiie of religion and lyfe as his Majestie may lippen to. and the Kirk look for sure friendschip in such dangerous a tyme, in the cause of religione; qwliilk not being found, that his Majestie wald remove him from his company, and discharge him of all publick office and commandment. 10. That the guard presently taken up be tryit, together with their Captaines, in respect of many complayats given against them to the Assemblie. Att Edr. the 10 of May 1594. The Assembly gives coinmission to Mrs Patrick Galloway, Ro- bert Rollock, Patrick Simpsone, James Melvill, James Nicolsone, to propone the dangers and remedies above written to iiis Majestie, to rehearse his Majestie's answers thereanent — Sic subscribitur, Mr Androw Melvill, Moderator, 402 BOOKE OF THE UNIVERSALL [1594. [The King's Answers written on tlie margin of the Remedie?.] (1.) To proceed against the excommunicats. (2.) There shall be nathing of the turn undone in my pS as I have at length declared to the bearers. (3.) Great reason, and farther as I have schawne the forsaids bearers. Great reason, the forfature being endit. (4.) How willing I am to be imployit in apprehending any prac- tising Papists, I remit me to the bearers' declaration. (5.) Great reason how soon they are forfault, and I thank them for their counsell. (6.) Great reason — their forfatore alwayes preceeding. (7.) To be ready at ray charge is meit ; but I understand not the last clause of the urgent occasion. (8.) I shall omitt no diligence in that qwhilk can be requyrit at my hands, as I shall answer to God. (9.) Distingue tempora et concordahis scripturas. The meaning of this the bearers will expone to yow, (10.) The complaints belongs not to their office: alwayes I have satisfied the bearers herein. — Sic subscribitur, Ja. Rex. Sessio 11. 13 May. Anent the horrible superstitione used in Garioche and diverse parts of the countrie, in not labouring ane parcell of ground dedicat to the Devill, under tlie name of the Goodman's Croft: The Kirk, for remedy thereof, hes found meit that ane article be formit to the Parliament, that ane act may proceed from the Estaites thairof, or- dayning all persones, possessors of the saids lands, to cause labour the samen betwix and ane certaine day appoyntit theirto; wther- wayes, in caice of disobedience, the saids lands to fall in the King's hands, to be disponit to such persones as pleases his Majestic, who will labour the same. Sessio 12. 14 May. Anent the supplication of the minister and parochiners of Brunt- island, desyrand the Assembly to allow the act of the Synodall As- sembly of Fyfe concerning their new kirk, in allowing thereof to be the paroche kirk: The haill Kirk present being advysit with the 1594.J KIRK OF SCOTLAND. 403 said ordinance, understanding that the new kirk buildit be them is most commodious for the parochine, both in respect of the great- ness of the congregatione, and ewistness of the place, and alwayes mair convenient uor the aid kirk, qwhilk is not able to receave the congregatione, and is farther distant from them : Therefore allows and approves the judgment of the provinciall Assemblie of Fyfe, and ordaynes the said new kirk to be the paroch kirk thereof in lyme corning. Alexander Lord Hoome compearand in face of the Assemblie; and inquyrit be the Moderator, if he confest in heart before the Lord, and with his mouth, that he was justly casten out of the Kirk be a sentence of excommunication pronuncit against him be the Syno- dall Assemblie of Fyfe, and as he wald answer upon paine of his salvation and damnatione, simply to speak the truth, — protestit and acknowledged openly, that he was justly excommunicat, and confessit his fault therein : And being inquyrit why he soucht to be relaxit from the said sentence according to the direction of the presbytrie of Edinburgh, excusit him be ignorance of that part of the acte As also being accusit that he deteaned the stipends of sundrie of the rainistrie, speciallie of Chirnsyde — answerit, he was ready to doe what he ought to doe of law. Being further demandit why he hes not keepit conditions, specially sett doune in the act of the presby- trie of Edinburgh — as, namely, touching ane minister in his awne house — touching the removing of Thomas Tyrie out of his house: yet, in that poynt, he is content to haue ane, as the Kirk shall ap- point him ; and as to Thomas Tyrie, grants he was in his service sen his subscryving, but understood not that he was obliged to re- move him qwhill the Kirk had proceeded to excoramunicatione againes him, qwhilk he believes they granted it : alwayes fra the said Thomas was excommunicat, he removed him out of his com- panie ; and as to John Tyrie and Captaine Gray, they are not his servants. Being requyrit if there was any persone callit Cowie, with whom he spacke schortlie, or any sett on land with the bark that came last in ? Denyes the samen. And inquyrit if M'Qwhir- rie was in his house shortly? Grants that, within these few dayes he was in his house, and came by his witting, having neither let- ter nor commissione to him, and past away within halfe an hour. And last of all, the said Lord confessit in presence of God and his holy angells, whom he took witnesses, and the Lord Jesus whom he tooke judge, when he shall come to judge the quick and the dtad, 404 BOOKE OF THE UNIVERSALL [1594. that he proPest from his heart the trew religion presently professt be this Ki.'k here present, whereof he lies already subscrivit the arti- cles before the presbytrie of Edinburgli, and witii his solemn oath confessit before them, and now confesses before the Assemblie, to be the only trew and infallible religion qwliilk leads to salvatione, qwherein he mynds to line and die, and shall to the utternio>t de- fend againes all the enemies tliereof; and denyes, as lie shall answer to tlie dreadfull God, the Romane Catholick religione, all the An- tichristian religion directlie opponit to the truth of God and his trew service, qwliilk he testifies to the haill Assembly be upholding of liis iiand, and witli solemne witnessing of God, that he hes no dispensation nor indulgence to subscryve or swear to llie said arti- cles. For farther satisfaction of the brethren, the Kirk orda^'nes my Lord Provest of Edinburgli, Alexander Hoonie, the Laird of Aytoune, Mrs John Davidsone, David Black, David Lyndsay, to deale further with my Lord afternoone, to try of his full rescilu- tion. Sessio 13^ 14 May. Anent the offence conceavit be his Majestie againes a brother callit John Ross : The Assemblie of the Kirk thought it expedient that certaine of the Godlie, best learnit and discrcetest of the As- semblie, should be chosen out, before qwhom that matter sould be first broken up and preceisly handlit, and thereafter brought in pub- lick before the haill number; and to that effect were chosen Mrs Andrew Melvill, James Nicolsone, Robert Rollock, Robert Bruce, John Davidsone, John Craige, David Lyndsay, Patrick Galloway, James Melvill, Walter Balcanqnall, Alexander Forbes, James Ro- bertsone, David Fargysone : Qwhilk number are ordayiiit to con- veine immediately after their rysing in this house, and so many of the brethren of the Synodall of Striveling as are present, warnit to be readie as they shall be callit for. Sessio l4^ 15 of May. The qwhilk day compeiiit Alexander Lord Home in Assembly, and with all humilitie cravit that he might be absoluit from the sen- tence of excommunicatione led against him, protesting before God he wald in tyme comeing giue proof of obedience and seiviee to God, and maintain the truth of his religione presently profest be the Kirk here present to his iyfe's end; and although he was some- 1594.] KIRK OF SCOTLAND. 405 tyme in ane different religione from them, now avowes, he being better instructed in the lieid qwherin lie sometymes differed from them, the present Confession of Fayth and religion professit pre- sently be the Assembly ; and if he shall hereafter deelyne therefrae, subrnitts him in that case to the Assemblie of the Kirk, hopting be God's grace, never to make defectione therefrae. The Assemblie, in respect this matter hes been past be word, hes thouglit meet that certaine conditions shall be sett downe in write, to be subscrivit be his Lordship; thereafter his sute of abso- lutione to be considerit. Sessio 15^ Eodem die. The Assembly ordaynes ane fast to be keepit within the Presby- trie of Edinburgh, and such other parts where the samen may be convenientlie had, upon Sunday the 26 of this instant, immediatly preceeding the Parliament, and his Majestic to be remembiit that an exhortatione may be had according to the custome qwhilk was keepit of before, the first day of the Parliament, and ane thanks- giving at the conclusion thereof be ane of the ministrie ; and alse that his Majestic be put in minde of the said fast app/iyntit the for- said day, to the effect his Majestic and his house may keep the samen. In lyke manner it is ordaynit, that a generall fast be universally observit throughout the haill realme, the two last Sondayes of Junii nixt to come, with exhortationes and prayers to be keepit betwixt the two Sondayes on the week dayes ; the causes of the qwhilk fast shall be intimat and presentit the morne in wryte be Mrs Patrick Galloway, James Melvill, and James Nicolsone. The samen day, the conditions underwritten being proponit to Alexander Lord Hoome be the Generall Assembly, to testifie his unfained repentance, after reading of the saids Articles severally: First, he ratifiet and approvit the subscriptione the 22 of December last, and that with ane solemne oath, holding up his hand, and ao-reit to the same articles, and every ane of them, in token of acceptatione thereof, protesting he does the same sincerelj^ subscrivit the same with his hand, humbly requyring, in respect of his obedience and repentance, that the Kirk wald relax hiiu from the sentence of ex- communicatione pronuncit against him. The Assemblie, in respect of his repentance schawne, his aith and declaration giuen yesterday, and obedience in subscryving the 406 BOOKE OF THE UNIVERSALL [1594. saids conditions, being satisfied tlierevvitli, and hopeing that he shall fully keep promise in tyme coming, Ordaynes him to be ab- solvit from the said excommunication, and the sentence of absolu- tion to be pronuncit be the Moderator tlie morne at meeting. Follows the Conditions. 1. The Assembly craves that the said Alexander Lord Hoome ratifie and approve the subscriptione and oath given be him to the Confession of Fayth, at Edinburgh the 22d of December last, or subscryve and swear againe de novo in face of the haill Assemblie, as shall be thought expedient. 2. That he remove and hald forth of his companie, all Papists and traffiquers against the trew Religione, and qwliatsoever per- sones shall be delaitit to his Lordship to be suspect and corrupt in Religione; That he receave and intertaine in his house Mr Archi- bald Oswall as his ordinarie pastor, and, failzieing of him, some uther discreit and godly minister, be advyce of the Presbytrie of Dumbar, and that he make his family subject to the word and dis- cipline. 3. That he resort to the publick hearing of the word, in all places where it shall happen him to repaire and haue his residence, and that he coramunicat. 4. That he make his haill tennents and servants subject to the discipline of the Kirk where they remaine. 5. That he repare all the ruinous kirks within the Priorie of Coldinghame, and provyde sufficient livings for the pastors, plantit and to be plantit thereat, according to the act of Parliament ; and sicklyke of all kirks within his bounds, so far as law and reasone may bind thereto. 6. That he make thankfuU payment to the ministers of Chirn- side, Swyntoune, and Stitchall, of their stipends, conforme to their assignationes and decreets past thereupon, in caice he be oblished therto be law. 7. That he concurre, be his counsell, credite, and assistance, for maintenance of the trew Religione publickly professit and taught within this realme, with the maintainers thereof, against all and qwhatsomever wald come in the contrair, within the countrie or without. 8. That he neither receipt, maintaine, assist, intercommon, or have intelligence uith the excommunicat Papists, Lords, Jesuites, 1594.] KIRK OF SCOTLAND. 407 Seminarie Priests, or traffiqueing Papists, nor solicit for them, nor shaw them favour, directly nor indirectly, in judgement or out of judgement. 9. That he niether reasone nor suffer any reasonyng to be against the trew Keligione, or any poynt thereof, in places where he may stop the samen. 10. That he imploy himself cairfuUie to apprehend and present to justice, Mr Alexander M'Qwhirrie, and all and qwhatsumever Jesuites, Seminarie Priests, and trafficking Papists, that shall re- sorte within his bounds, and that he doe nothing qwhilk may be found be the minister appoyntit for the tryall of his behaviour, to be prejudiciall to the trew Religione presently professit be the Ge- rall Assembly heir presently conveint ; and in caice he shall be found to contraveen any of the forsaids poynts, that, in that caice, he consent to be summarily excommunicat upon the notorietie of the fact. And in testimony of his acceptatione of the saids con- ditiones, that he subscryve tliir presents with his hand. Sic sub- scribitur. Alexander Lord Hoome. Forsuameikle as Alexander Lord Hoome, be his subscription, is bound to observe and keep the conditiones proponit to him be the Generall Assemblie, and acceptit be him, and in caice he be found to contravein the samen, or any of them, in that caice to be sum- marly excommunicat upon the notorietie of the fact : The Generall Assemblie giues libertie to qwhatsumever Presbytrie that shall un- derstand of his contraventione of the saids conditions, to call him, and to try him of the said contravention, and convict him thereof if he be found guiltie, and the conviction to be direct and sent to the Presbytrie of Edinburgh, to qwham the Kirk giues commission summarly to pronounce the sentence of excommunication against him. Sessio 16. May 16. According to the ordinance of the Assembly; tlse aciione of ab- solutione of Alexander Lord Hoome being cummittit to Mr David Lindsay, exhortation being first made, the said Lord was inquyrit if he was sorie in his heart for the fault of offence he had committit, and that he had incurrit flie said sentence, and fand ane earnest dolor in his heart for that he was separat from the Kirk here pre- 408 BOOKE OF THE UNIVERSALE [1594. sent so lonfj, thristing maist earnestlie to be joyiiit thereto as ane member of Christ's bodie, and promising, as he shall answer to God, in tyme earning to continow ane constant jirofessor in the trouth of his religione, presentlie allowit be the Kirk of Scotland here conveint, to his lyve's end, and to schavv the fruits of ane trew Christiane in his lyfe — removeing all sclanderous persones furth of his companie ? Qwho answerit, in God's presence it was his trew meaning, and intendit to schaw the same in evident effects in tyme cuming : Qwherefore, thanks being given to God, and prayer made, he was solemnly absolvit from the said sentence be the said Mr David, and receavit be him in name of the said breitlier, and im- braced as ane member reconciled to the Kirk. Sessio 17. May 17- Forsuameikle as Mr Andrew Hunter, minister, hes desertit his flock, and is fugitiue from the lavves, being bruitit and snspectit to haue joynit himself with the King's rebells : The Assernblie present deposes him from the functione of the ministrie, ay and whill he haue satisfyit for his offence, his Majestic and the Kirk. Anent the King's Majestie's Articles: In respect the first article twitches the tyme and place of their next Assemblie, the liaill As- semblie, with advyce of his Heines' Commissioners, hes appoyntit their next Generall Assemblie to be at Montrose, the last Tuesday of June come ane year, provyding alwayes, in caice it be found ex- pedient pro re naia be the Presbytrie of Edinburgh to be sooner, upon their advertisement, the samen to be preveinit. And as concernyng his Majestie's first Article, answer is given that the tyme and place is appoyntit in presence of his Commis- sioners, according to the act of Parliament. As to the second, the act made at Dundie, dc novo is ratified. The answer concernyng John Rosse particular is continowed qwhill afternoone. Concernyng Mr Andrew Hunter, the Kirk hes deposit him. The fyft and saxt Articles agried unto. Ordaynes every particular pastor, at his awne kirk, to intiinat the sentence of absolutione pronuncit in favours of n)y Lord Hoorae, from the proces of exconmmnicatione led against him. Sessio 18^ Eodem die. Anent the matter of offence conceavit be his Majestic against 1594.] KIRK OF SCOTLAND. 409 John Kosse, minister, be oecasione of aiie sermone made be him in presence of the Provincial! Assembly of Perth : Tiie said matter being first ordaynit to be weyit and treatit in private conferrence, and ane certain number of the grave, learnit, and godlie breiti)er being nppoyntit therto, and to give their judgment to the whole Assembly, the said breither reportit their advyce and proceedings in wryte, as follows : First, They have found that the people departed not out of the Kirk before the end of the doctrine, as it lies been reportit to his Majestie, qvvherthrow he might have uttered any kynd of offence, and that the said Assemblie had pronuncit no damnator sentence against him, but that they only admonisched upon such causes and considerations as after follows: 1. That he delyverit that doctrine at that tyme when his Majes- tie's rebells and enemies were assembled on the fields, qwhair- tlirough it might appeare to the people that the Kirk allowit Both- well's treasonable attempts, and tliat the Assembly of purpose had placed him in that rovvnie to alienat the hearts of his people from his Majestie's obedience. "2. In respect of certaine speeches delyverit be him without any suflricient warrand, so far as they could see and understand, and namely that sentence pronuncit against the House of Guise de futuro. 3. In respect of the hard delyverie of speeches spoken of his Majestie, and qwhilk might have been thought to have cravit greater years and farther experience; ffarlher, the haill breither, bayth of the Conferrence and of the Provinciall of Perth, all in ane voyce acknawledges that there is just cause of ane sharper rebuke and threatning of heavier judgments furth of the grunds of that text, then hes been or might be utterit be him; and whatsoever he utterit, as he deponit before God and upon his conscience, he utterit of love, seeking alwayes his Majestie's standing, on na pre- occupied minde, prejudgit opinione, or troublit affection, but of ane saul, thristing and seeking alwayes his Majestie's honour and weill in God; and therefore approves his haill doctrine in that poynt, as it hes beine read and declarit be himself, in sucli heids as semit to be m.)st offensive ; and as concernyng the admonitione of the pro- vinciall of Perth, and the causes moving them thereunto, the breth- ren reverences and allowis the judgement in all things, upon con- sideration as is before exprest ; only anent the sentence touching 410 BOOKE OF THE UxVIVERSALL [1594. the House of Gwise cle futuro, because the haill brethren heard it not, and he himself professes he remembers not he spake swa, naither had he such meining at any fyme, and confest his fault if such ane word hes fallen out — the Brethren tliinks with himself in that poynt that if lie hes spoken, so he lies faillit, having no just warrand : and being mynded to satisfie his Majestic alhvayes so far as possible may be done with ane good conscience, after earnest incalling of the name of God for assistance of his Holy Spirit and long advyse- ment, hes found it good that tlie admonition of the provincial! of Perth, as said is, be reverencit of the said haill Generall Assemblie, and that the Assemblie at this tyme giue farther to the said John Ross, ane grave and earnest admonitione to speak at all tymes reve- rently and with such wisdome of his Majestic, as he alwayes may have so clear ane warrant of his speeches as may fully satisfy his own conscience before God, and have the approbatione and allow- ance of all his godly brethren ; and that this admonitione be extendit to all uthers young men of the ministrie and to the haill Assemblie. Qwhilk judgement of the said brethren being weell considerit be the haill Assemblie, after good deliberatione, votit to the approba- tione of their said judgement, and allowit be the samen in all poynts- And thereafter the said John Rose being callit in, he, in presence of the haill Assemblie, protestit before God and in his conscience, that qwhatsoever he utterit in the doctrine delyverit be him, he ut- terit the same for love to his Majestie's weill and standing, of no preoccupied minde, prejudgit opinione, or troublit aflectione, but of ane saul seikand his Majestie's honour and weill in the land, havand neither eye nor respect to his Majestie's traitors being then in armes upon the fields; yet granting some words hardly delyverit (tiiough trewly) : and as concernyng the words spoken of the House of Gwise de futuro, as is alleadgit, before tlie Lord, remembers not he spake such words, neither had intention nor meaning to speak the samen, and if he spake the samen, it was ane fault of elapsus lingua. The Moderator, at command of the said Assemblie, in the name and fear of God, admonished the said brother, and all uther young men of the ministrie and haill Assemblie, in all tyme comeing, to speak so reverently and discreetly of his Majestic in all tyme com- ming, that they may have so clear warrand of their speeches as may fully satisfy their own conscience before God, and have approba- tione and allowance of all the godly, and his Majestic have no just 1594.] KIRK OF SCOTLAND. 411 cause of compkynt and niislyking in tyme coming : Qwlnlk admo- nition the said John with all humilitie reverenced. Instructiones lo Sir Robert Melvill of Murdocairnie, and Alexander Hoome of Northberwick, Comniissioners for his Majestie at the Generall Assembly, of Articles proponit in his Majesiie's name to the said Assemblie at Edinburgh. 1. First — To protest that liis Majestie's royall priviledge newlie sett forth by act of Parliament, be not prejudgit in the conveining of the nixt Generall Assemblie; and to that effect that before their dissolving at this tyme, tliey direct some of their number to his Majestie to be resolvit be him upon the tyme and place of the nixt meeting of the Generall Assemblie, according to his Majestie's pro- positione, and their promise in the last Generall Assemblie, halden at Dundie. 2. That they will ratifie and approue be act of this present As- serabl}', their promise made to his Majestie, in their forsaid last Assemblie, that in any thing that any of the ministrie had to craue or complain to his Majestie, they should do it be particular confer- rence with himself, and not utter publickly in pulpit any unreve- rent speeches against his Rlajestie's persone, counsel!, or estate, un- der the paine of deprivatione ; and that for this cause they will pre- sently try and censure one of their number, qwho hes contravenit the said act, and in speciall, that they will examine so many of their number as was not present at the last Synodall Assemblie, halden at Perth, and charge them upon their great oathes and consciences, first, to declare what treasonable and irreverent speeches of his Majestie they heard John Ross utter publickly, from the pulpit, in all their evidences, and next, whether they censurit him for the same thereafter or not, and to desyre them in his Majestie's name that, according to the Synodall censuring of him, they wald judge him as he demerits on the ane part, and his Majestie's modest behaviour ever since the beginning of that turne, hes deservit. 3. They will exoommunicat Mr Andrew Hunter, for bringing in ane scandall upon their professione, as the first open traytor of their function againes ane Christian King of their religion and their na- turall sovraigne. 4. That be act of their Assemblie, they will ordayne every par- ticular minister within their charge, to disswade alsweill be publick as private exhcration, their flock committit to their cure, from con- 412 BOOKE OF THE UNIVERSAL!. [1594. curring with tlie treasonable attempts of Bothwell or any vvtlier tray- tors that raises or shall raise themselves up against the lawfiill au- thoritie placit be God in his Majestie's persone. and speciallie that they sliall narrowlie take heed and not suffer any of their flock to be seducit under colour of religione, or whatsumever false pretext, to receave wages and become souldiers, for service of any persones, except they sie his Majestie's commission, and warrand thereto, and namely of Bothwell, who lies presently, in divers parts of this realme, attemptit the same. 5, Tiiat in respect the Parliament is at hand, and the occasion will suddenly serve for declareing of his Majestie's godly and ho- nest intention in prosecuting of the Papists, excommunicat lords, both be law and otherwayes ; That, therefore, they will select ane or twa commissioners of the discreetest and wysest of every prin- cipall presbytrie, and give them commissione and warrand to at- tend upon his Majestic, at this tyme, alsewell that his Majestic may have their good advyce and assistance in his good turne, no less coneernyng the estate of religione then the estate of his Majestie's crowne andcountrie; and 'ykewayes that his Majestie maybe their nioyen, direct and informe what he wald wische to be done be the rest of the miiiistrie, as occasion shall from tyme to tyme be pre- sent it. Sic suhscribltur. James Rex, Humble Answers of the Generall Assemblie of tlie Kirk con- veint att Edinburgii, the 27 of May 1591, to his Majestie's Articles, presentit be his Commissioners. 1. First, Anent the tyme and place of the Generall Assemblie, the same is appoyntit be the advyce of his Hienes' Commissioners present, according to the act of Parliament. 2. The Act made be the Generall Assemblie at Dundie, is de novo ratified and approvin, and the particular of John Koss, resol- vit, as his Majestie shall be informit mair particularly be the Com- missioners of the Kirk to be direct to his Majestie. 3. Touching Mr Andrew Hunter, the Assemblie lies proceidit and given ane sentence of depositions for his offence against him, qwhill he satisfie his Majestie and the Kirk. 4. Every particular minister within his charge is straitlie com- mandit to disswade the flocks, alswell be publick as private exhor- tationes, frae concurring with treasonable attempts of Bothwell or V 1595.] KIRK OF SCOTLAND. 413 any wther traytour to his Majestie, that raises or shall raise them- selves up against his Majestie's authoritie, and sicklyke to take heed and suffer not their flocks, under colour of religion or qwhatsum- ever false pretext, to receive wages of any persones without his Majestie's warrant, and namelie of the said Bothwell. 5. They haue appoynted ane reasonable number of brethren to awayt on his Majestie for satisfying the last article. With thanksgiving to God for his mercies, the Assemblie dis- solved. [FIFTY-NINTH GENERAL ASSEMBLY.] t The Generall Assemblie of the Kirk of Scotland, conveint at Montrose the 24 of Junii 1595. Sessio. Exhortation was made be Mr Androw Melvill, Provest of the New College of St Androis, and Moderator of the last Assemblie. Mrs Robert Pont, Peter Blackburne, and James Nicolsone, were on the leets, and the said Mr James, be pluralitie of votes, was chosen Moderator, hac vice. Sessio 2\ Junii 24. Anent the questione movit into the Assembly, if it be proper to them to declare be the word of God, what marriages are lawful!, and what unlawful!, so far as concerns the spiritual! part thereof? It was answerit affirmative, that it was proper. Sessio 3^ Junii 25. Ordaynes the presbytries in all pairts of the country to proceed against the Papists within their bounds, with the sentence of ex- communicatione ; and because of the weakness of the Presbytrie of Inverness, ordaynes them to proceed therin with the advyce of Mrs George Monro, John Monro, John M'Kenzie, and Andrew Crora- bie. Forsuameikle as diverse Papists and suspect of Papistrie, after their subscriptione and oathes, pretending deadly feads, abstayning 414 BOOKE OF THE UNIVERSALL [1595. from tho table of the Lord, whereby they utler themselves in effect and in hoart to continow Papists; Therefore the i^ssemblie ordayncs the Presbytries where such persones are, to proceid against them with (he sentence of excommunicatinne so long as they refuse to communicat, in the samen manner as if they had not suhscry ved and given oath. Forsuameikle as diverse personos being cut off from the societie of the Kirk be sentence of excominunicatione pronuncit against them, notthelesse they are receavit and iutertaynit as if they were true members of Christ's Kirk, to the great contempt of God. and evill example of wtliers: The Assemblie therefore ordaynes the presby tries where such persones are, to proceed against tliem ac- cording to the Acts of the Kirk, under the paine ot publick rebuke in face of the haill Assemblie of the brethren of the presby trie, if fault be found in theui, and making of humble confession upon their knees of their offence, in caise the same be found in them as said is, and under the paine of depositione of the minister in whais default the said ordinance of the Kirk is not execute, and that the same pe- nalty and executione be usit and strick upon them, that hes inter- communing, intelligence, or faniiliaritie with the saids excommu- oicats, qwhilk is usit against the resetters forsaids, under the same paine. Sessio 4\ Eodem die. Forsuameikle as there is diverse persones professing with us tlie veritie of the Gospell, qwhilkis nevertheless the space of diverse years, under pretence of deadlie feads, hes withdrawen and daily withdrawes tliem from participatione of the holy table, declareing tliereby how little they esteem that great benefite, and in effect, as it were, cutting off themselves from communion of the faithful! ; Heirfore ordinance is given to all Presbytries within their bounds, to charge all persones abstayning from the communion be reason of deadlie feads, notwithstanding tliereof, as it becomes Christians to do, to participat the said holy table; and in caise they be obstinate and refuse, to proceed with the censures of the Kirk against them; it being alwayes considerit be the Presbytrie, that if there be any infirmitie or hinderance of conscience that refuses, in that caise the said Presbytrie sliall tiavell with the saids persones to bring them to their deutie and participatione of the said table, granting with good advyce and discretione some reasonable tyme as to resolve 1595.] KIRK OF SCOTLAND. 415 themselves, within the qvvhilk if they giue not obedience, and re- fuses to participat as said is, that the said Presbytrie proceed against them with the sentence of excomraunicatione. Sessio 5^ Junii 26. The King's Majestie's Commissioners desyrit of the Assemblie, that he might have ane choise of such twa of the Ministrie his Ma- jestic nominat, in place of Mrs John Craig and John Duncan-one. The Assembiie hes found meet and votit that a certaine number of the most grave, learnit, and best disposed brethren of the hail! mi- nistrie be chosen and nominat be them, out of the qvvhilk it may please his Majestic to nominat twa unto that effect. Commissioners to be appoyntit before the end of this Assembiie to advyse his Majestic of the choyse to be made of tiiem qwhais names shall be sett down before the Assembiie dissolve, craving his Heines' Commissioners to make his Majestic foreseen, that they may knaw on whom his p\ es are sett, and be resolvit before their loosing. Anent the planting of kirks : Because ane speciall impediment lies been thereof, the dilapidatione of the benefices possessit be tiie brethren of the ministrie qwha hes sett their benefices with diminu- tione of the rentalls, or be conversione of the victuall in silver, not regarding the acts and ordinances of the Assembiie: Heirfore for remeid, the Generall Assembiie hes given power and commission to the breither underwritten within the bounds particularly under de- vysit, to call before them such persones within tiie ministrie, that sen the act of the Assembiie, made in the year of God I 578, hes sett their benefices with diminutione of the rentall thereof, or con- versione of the victuall in silver, and to proceed against them with the sentence of depositione, qwhilk sail stand in force agane qwhill they restore their benefice to the awne integritie, qwherein the samen was at their entrie thereto ; that is to say — To Mrs Andrew Melvill, James Melvill, Robert Wilkie, Thomas Buchanan, Androw MoncreifF — to call them tlie saids persones within the bounds fol- lowing, viz. From Spey to Tay and all Lowthiane, Merss and Te- viotdale, to compear before them in St Androis. Nixt Mrs David Lyndsay, Robert Bruce, David Fargusone, Robert Pont, James Balfoure, or any three of them, to sitt m Edinburgh, and call the saids dilapidators before them, within the bounds of the haill north to Spey and Fyfe, as also beneficed persones that hes made dilapi- 416 BOOKE OF THE UNIVERSALL ri59i datione within the Diocie of Rosse. "3. Mrs Patrick Simpsone, An- drow Youncr, Harie Livingstone, James Pont, John Davidsone, to sitt in Strivilling, and call before them the saids brethren that hes dilapidat their benefices within the bounds of Strivilling shyre, Stratherne, Clidsdale, Dumbartane, Ranfrew, Lennox, Kyle, Car- rick, Cunninghanie, Galloway, Nithsdale: and for the better execution to be had of this commission, ordaynes every Presbytrie within the bounds forsaids, to send to the judges every ane of them within their awn bounds, particular informatione and answer to the heads qwhilk shall be pennit be their brother, Mr Robert Pont, betwixt and the 15th of August next ; and to the effect that the Presbytries be not ignorant heirof, the Assemblie presently lies nominat the brethren after specifiet to giue warning to the Presbytries within the bounds respective following, according to the divisione after specifiet t That is to say, Mrs Andrew Crombie for Ross ; Andrew Lawsone and Archbald Dowglas for Morray ; Peter Blackburn, Duncan Davidsone, and James Reid, for Aberdeene ; Andrew Milne, Alex- ander Forbes, for Mairnes ; John Durie, James Melvill, for Angus ; Alexander Lyndsay and William Glass for Stratherne; James Melvill, David Fargysone, for Fyffe ; Walter Hay, Andrew Black- hall, for Lothian ; James Deis for Merss and Teviotdale ; ffor Tweddall, Andrew Blackball and Walter Hay ; ffor Strivilling, Adam Balantyne ; ffor Clydsdale, Ranfrew, Lennox, and Dumbar- tone, Walter Stewart and Gavine Hamiltone ; ffor Nythsdale, James Brysone, Hew FuUertoune : ffor Galloway, James Aikman ; ffor Kyle, Carrick, and Cunninghame, David Barclay : Qwhilks inforniationes being receavit be the saids judges, Ordaynes them, with all diligence, to proceed against the saids persones. And, for the faithfuU execution of the said Commission, the saids judges was sworne, except Mrs Thomas Buchanan, Robert Bruce, Patrick Simpsone, Harie Livingstone, and James Font, who were not pre- sent. Forsuameikle as a great occasion of the non planting of the Kirk stands in laick of provisione of the ministrie, and that their stipends from year to year, being changeable, they are drawn from their Kirks, to the neglecting of their flocks, and to the dischargeing of their callings : With common advyce it is heirfore concludit and resolvit, that ane constant platt shall be set downe be the brethren following, appoyntit out of euery province, Q,wha sail sit and con- veine.the first day of September next, witiiin Edinburgh ; and, be- 1595.] KIRK OF SCOTLAND. 417 fore their conventione and sitting, every Presbytrie sail, betwiit and the 15th of August nixt to come, delyver to the saids brethren appoyntit of their provinces, ane resolute informatione, written in forme of a booke in muiido, of the estate of their kirks, in the heads following ; viz. of the names of the benefices within their bounds, qwhether the samen be seuerall benefices, or annexit — who is pa- trone thereof — who is possessor — be what right the samen is brookit — the aid rent — the present rent, and the just availl thereof, and what kirks may be unite or divided ; qwhilks informationes being receavit and coUectit, together with the saids Commissioners cou- veening as said is, shall appoynt every Presbytrie severall dayes, to direct a speciall brother, public instructed, to be with them, with constant platts of the kirks within their Presbytries ; and the said brethren, swa, directly with the Commissioners forsaids, to conclude and put in forme ane constant platt of their Presbytrie, and so forth to proceed, qwhill the warke be whollie made up and com- pleit : and after compleiting thereof, the saids Commissioners shall make warning to euery Presbytrie to direct a brother from them to consider the whole wark ; and the samen being allowed be the said Commissioners and brethren from euery Presbytry, qwhilks are considerit to be fifty in number, the ratification thereof to be sought of his Majestic and Counsell : Of the qwhilks Commissioners, ciio- sen out be this Asseniblie from the provinces, the names follows, viz. Frome Zetland, Orknay, and Kaithness, and Sutherland, Mr Robert Pont : ffor Ross, Mr Andrew Crombie : ffor Morrey, Mr Alexander Dowglass : ffor Aberdien, Mr David Cunnynghame, Mr Peter Blackburne : ffor Mearnes and Angus, Mrs James Nicol- sone, Andrew Milne : ffor Stratherne, Dumblane, Dunkeld, and Strivilingshyre, Mrs Patrick Galloway, Alexander Lyndsay : ffor Fyffe, Mr Thomas Buciianan : ffor Lawthiane and Tweddall, Mr David Lyyndsay : ffor the Merse, John Clappertoune : ffor Teviot- dale, Mr John Knox : ffor Clidsdale, Ranfrew, Lennox, and Dum- bartone, Mr Gavin Hamiltone, Mr James Howisson : ffor Niths- daile, Mr James Brysone, and, in caise of his sickness, Mr Hew Fullartoune : ffor Galloway, Mr John Aikman : ffor Kyle, Carrick, and Cunninghame, John M'Quherne : Qwhilks breither and Com- missioners, in number auchtein, shall also have power to make ane platt for ane interim, qwhilk being concludit be the saids Commis- sioners, and a brother direct from every Presbitrie, qwhilk will 418 BOOKE OF THE UNIVERSALL rj595. make fiftie inair, no reclamation shall be therefrae, but shall be concludit concerning the constant platt or interim, shall stand in force and full effect, as if the samen had been concludit be the Ge- nerall Assemblie, without any reclamation therefrae, as said is ; and because the wark will requ} re wayting on, and the saids auchteene Commissioners will be put to the charges and expenses, It is or- dayned that their expenses shall be borne be their provinces: And for the faithfuU executione they are all sworne, except Mrs Alex- ander Dowglass, John Knox, Patrick Galloway, John Clappertoun, and John Howison, who are not present. Sessio 8. July 2. Compeirit Sir James Chisholme, in presence of the haill breth- ren, and confessit with humilitie his offences, namelie his apostasie from the religion, qwhairof he craved God's mercie ; and farther, he declared that he professes with us the haill trew religione, re- nuncing the antichrist and all his errors, craving from his heart to be receavit in the bosome of the Kirk ; with the qwhilk the brei- ther being movit, concludit he should be relaxit be the Generall Assemblie at their first meeting the morne, from the sentence of excommunicatione led against him, and thereafter the forme of his satisfactione to be sett downe and appoyntit be the advyce of the Assemblie. The heads of Inquisitione to be made in every Presbyfrie anent Dilapidatione. Imprimis, To take from every beneficit minister the present rentall of his benefice, and what yearlie dewtie, be his awne con- fession, he gives presently of the samen. 2. If he hes sett tacks thereof, and to wham, privatly or publickly, and, if need beis, to take his oath thereupon. 3. To inquyre qwhat was the estate of his benefice when he enterit at it, and qvvhether he was hurt be his predecessor. 4. To take diligent inquisitione not only be report, not only of the beneficit persone hiniselfe, but be uthers that knawes the just nator thereof, qwhat the benefice was worth or payit of old in the best estate. 5. Qwhat the samen wold exceid to in yearlie rent or teinds, or utherwayes, if it were free of tacks, and in ane minister's awne hand ; and, if neid beis, that the Presbytrie or Commissioners take ane inqueist of men of best knawledge in the 1595.] KIRK OF SCOTLAND. 419 couiitrie about, to declare the veritie herein, and send the samen to the judges appoyntit in due tyme, with the Imill circumstances be- fore reliearsit. His Heines' Commissioners presentit Articles from his Majes- tie, craveing the same to be read and answerit, as fol- lows : — His Majestie craves that there be ane Act made, Ordayning that qwhosomever at any tyme shall practise any treasonable interpryse or oonspiracie against his Majestie's persone or estate, being found and declared culpable thereof be law, sail lykewayes incurr the sentence of excommunication therefore, that thereby ane insepar- able union may be betwixt the two swords. 2. That ane order be taken concernyng excommunication in three poynts, especiallie, 1. That it be not at the appetite of twa or three particulars, and that if it be not proceedit in qwhill first ane convenient number of the Kirk be conveint. 2. That il be not for civil causes or small crymes, and specially any ministers particular, leist that it be thocht that they imitate the Papists cursing, and so incurre the lyke con- tempt. 3. That the form of summar excommunicatione, without any cilatione, be allutterly abolisched. Item, In respect Mr Jolin Craige is awayting what hour it shall please God to call him, and is unable altogetlier to serve any longer, and his Majestie's mynde is to place John Duncansone with the Prince, and so hes no minis- ter but Mr Patrick Galloway, therefore his Heines desyres ane ordinance to be made, granting him any two ministers he shall choose. Humble Answers of the Generall Assemblie to the forsaid Articles. First, Where an ordinance is cravit to be made against Papistes of any treasonable interprysers c conspiracle against his Heines' persone or estate, being found or declareit culpable thereof be the law, that they therefore shall incurr the sentence of excommunica- tione, Tlie Generall Assemblie agrie thereto — ligitime cognitione ecclesiastica pre-eunde. As to the order cravit to be taine con- cerning excommunicatione, especially in three poynts containt in the second Article, the first pairt is condescendit to ; and as to the second, tliat no excommunicatione shall be usit in causes meere civile, or in small matters, and the abolisching, in tyme coming, of 420 BOOKE OF THE UNIVERSALL [1595. the former summar exeommunicatione without citatione ; these poynts importing great weight, and craving mature deliberatione, the Assembly hes thought meit to superceid all concluding therein qwhill the next Conventione, qwhere, by God's grace, they minde to resolve thereupon; and that, in the meintyme, nane of the minis- trie proceed to exeommunicatione without citatione preceding, nisi periclitelur ecclesice respublica. Anent his Majestie's sute concerning his ministers, it is agreit that his Majestie shall have choyce of the most grave, learnit, and godly brethren of the ministrie, with advyce of the Commissioners following, to be direct to his Majestie, viz. Mrs Robert Bruce, Andrew Melvill, James Melvill, David Lyndsay, David Fargusone, James Balfour, Thomas Buchanan, James Nicolsone, Andrew Lambe, George Gladstanes, or any sax of the said brethren, qwha are appoyntit to meit the 22d of July nixt. Sess. 9- After humiliation of Sir James Chisholme upon his knees, and acknowledgeing of his offence to the satisfaction of the brethrene, be the voyce of the Moderatour, the sentence of absolution was pronuncit in his favours, and he relaxit from the proces of exeom- municatione led against him. Anent the act made in favours of the executors of ministers : The Assembly and breither present, for clearing thereof, declares, if the minister die after Michaelmas, quia fruges separatee sunt a solo, that his executors shall fall that year's rent, and the half of the next, and that the provision of this act be extendit to the re- lict of umquhill Mr James Hamyltone, and the Lords requestit to that effect. Forsuameikle as there is great cause of humiliation of us before God, qwhais visible anger appears on the heads of this land, yet be the maist part little regardit : The Kirk hes ordaynit a generall fast and humiliatione universallie to be observit in all the kirks within this realme, upon the twa first Sundays of August next to come, the causes thereof to be laid out generallie be the pastors, according to the grounds they sie and prescrive. Forsuameikle as there is ane abuse necessarlie to be remedeit, especiallie in Caithnes and some uther parts, qwhair they that pos- sess the benefices, as the late bishops in Caithnes was, in speciall de- lapidat the haill rents thereof, except a very small quantitie in pen- 1595.] KIRK OF SCOTLAND. 421 siones maist prodigallie to all that saucht the same, qwhairby he has delapidat the haill patrinionie of the said bii-hoprick ; fFor re- meid qwhairof, the Assembly ordaynes Mrs David Lyndsay and James Balfour to admonische Mr Thomas Craige and the sblistar of the Kirk, to persew the said pensioners for reduction of their pen- siones, qwhilk cannot stand be the law, of the haill, or of the maist part of the fruits of any benefice, and to insist diligentlie therein. Anent marriages : The Asseniblie declares thir two sorts to be unlawfuU ; when ane persone marryeth ane uther qwliam they have polluted by adulterie ; nixt qwhen the innocent persone is content to remaine witli the guiltie, and the guiltie will have ane wther, or taks ane wther. As concerning marriages made be excommunicat priests or wthers that hes servit in the Kirk, and deposit from their office, or be pri- vate persones : The Asserablie declares such marriages to be null ; ordayning the brethren of Edinburgh to travell with the Commis- saries of Edinburgh, that they decyde according to the saids conclu- sions. Anent the controversie betwixt the ministrie of St Androis and William Balfour, the brethren appoyntit to conferre thereanent re- portit their judgment following: That the said William shall de- clare that he knew no wther but that Mr David Black, minister of the towne forsaid, had left the proces of the manss controvertit, and that he hes no wayes proceedit therein, in contempt of the Kirk, or any particular person within the same; and thir things he does pro- test in conscience, and confesses he hes done undutifuUie: that is to say, overseen himself in his dutie towards the Kirk, in medling not, forwarning them with the title of the house qwhairin he dwells, in respect of the Kirk's designation past thereof of before, for the qwhilk he is penitent before God and his Kirk : provyding alwayes, that the said confession be nowayes prejudiciall to the said William in the right and title of the said house, and that the samen be no- wayes objectit against him, in judgement or out of judgement, and that the said William shall make the said confessione before the brethren of the conference of this Assembly, the brethren of the presbytrie that are here present : The qwhilk being done, that this present Generall Assemblie shall discharge the said presbytrie of St Androws from all proceeding of censures against the said William for that matter, and in lyke manner, the said Mr David from all publick invectione against the said William, in his sermones, for 422 BOOKE OF THE UNIVERSALL [1595. that cause ; and that the said Mr David and William, in token of forgiveness of all mutuall offences bygone, and profession of Christian amitie in tyme to come, shall join hands together before the said brethren of the conference, and keep the samen amitie in tyme coming ; remittand the controversie of their titles to the dis- cretione of the judges ordinar : And this to be ordaynit be the Ge- nerall Assembly, to be declarit in the paroche kirk of St Androis, be Mr William Scot, minister of Kinnaquhy. The brethren ap- poyntit to conferre be the Generall Assemblie were these : Mrs Robert Bruce, Peter Blackburne, William Scott, Thomas Buchanan, Andrew Lamb, and Mr John Coldcleuch, qwhilk judgement of the said brethren, the Generall Assembly approved in all poynts. Anent Grammar Schooles in Townes : Every presbytrie is or- daynit within their awne bounds to take order for visitation and re- formation thereof, and to deall with the magistrates for augmenta- tion of their stipends and provision of ministers ; as also appoynting some persones most meit of their counsell to attend carefully on the schooles, and to assist the masters in discipline. Anent the Acts of the Assemblie: The brethren hes ordayned that the samen be sichtit, and speciall acts for the practise of the Kirk be extractit and joynit with the Book of Discipline, to be pub- lishit aither in wreit or print, that nane pretend ignorance thairof ; and to this effect to concurr with the Clark, Mrs Robert Pont, Thomas Buchanan, James Melvill, John Johnstone, and James Car- michael. Anent CoUedges: In respect it is thocht necessar that ane visi- tation be made of the samen, the present Assemblie hes given com- mission to their brethren, Mrs James Melvill. Thomas Buchanan, James Balfour, Robert Rollock, Walter Balcanquall, NicoU Dal- gleische, James Nicolsone, and Alexander Forbes, to coiiveine to- gether the first day of Januarii nixt to come, to the visitation of the saids colledges, to try, examine, and consider their doctrine, lyfe, and diligence of the maisters — the discipline and order vvsit be them the estate of their rents and livings, and where they finde abuse, so far as they may, to reforme : Remittand to the Assemblie such things as they cannot take order with, and qwhat they effectuat herein, to report to the next Assemblie. 1596.] KIRK OF SCOTLAND. 423 [SIXTIETH GENERAL ASSEMBLY.] The Generall Assemblie of the Kirk of Scotland, lialden at Edinburgh, in the New Kirk thereof, tlie 24tli of March 1597* [1596.] Exhortation being made be Mr James Nicolsone, last Moderator, the Assemblie proceedit to the election of the new Moderator, and appointing on the leets Mrs David Fargysone, David Lyndsaj', James Balfour, and Robert Pont, the said Mr Robert, be pluralitie of votes, was chosen Moderator hac vice. Sessio 4. May [March interlined] 25. The King's Majestie being present, the Moderator exponit to his Grace, the two heads qwherein the Kirk liitherto lies been occu- pied, and how farr else it hes proceedit, viz. First, The substantiall head, for moyene how to resist the enemies qwhilk was verbo re- cited be my Lord of Kinloss, for the rest of the nuuiber deput to ad- vyse therewith, and next, concernyng the purgatione of the Kirk; and because the first is not throuchlie concludit, the Assemblie thoucht it expedient that the barrones and ministrie qwhilk met thereupon, take farther resolutione, and present their advyce to the Assemblie in wreit. His Majestie thereafter proponit the lamentable disorder of the yearlie alteration of the platt, and therefore desyred that ane con- stant platt should be made, qwhairunto his Majestie was most ear- nestlie bent. The Assemblie hes thought meit before any thing be concludit therin, to sie the act of Parliament made in the year of God 1592. • " Calderwood and Crawford have 1596." " In tlie 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. 424 BOOKE OF THE UNIVERSALL [1596. Sessio. Eodem die. Overtures for resisting of the enemies of the Religione and Estate of the countrie, alsewell forraigne as intestine. 1. First, That all sic that hes kythit action with his Majestie's forfaultit rebells, and their knawne favourers and assisters, be charged to enter their persone in ward, thair to remaine ay and qwhill they find sufficient cautione that they shall not traffique nor intertaine intelligence with the saids rebells, nor any uthers enemies to the Estate or Religione, naither shall joyn with them nor make them any assistance in caice they repare within the countrie ; and that they give their eldest sonnes or nearest friends in pledges for the maire sure observing thereof. 2. That the haill livings of the forsaids rebells to his Majestic be taine up exactly be his Majestie's officers to be appoyntit for that effect, and to be employed upon the entertainment of hyred men for defence of the good cause against the enemie, and for bearing of uther charges necessare for the advancement of the said cause, as ane of the effectuall meanes to incourage all such as are knawne to be well affectionat to the cause, and to procure their aifauld concur- rence to the uttermost. 3. That there be chosen in every paroche be his Majestie's au- thoritie, and voite of the minister, session, and principales of every paroche, Captaines knawne to be most meit and of best affection, to conveine the haill parochine in armes monthly in mustures, and to sie that they be all sufficiently arrait according to their abilitie, and trainit up in the exercise of their armes: and sicklyke that there be chosen Generall Commanders in diverse schyres and quarters of the countrie to conveen in armes at all occasions needfull, to resist all attempts and interpryses of the enemy, forraine and intestine. 4. That some substantious order be taken for bringing hame suf- ficient number of corsletts, muskatts, picks, and uther armour need- full, and that the same be brought and receavit off the merchants' hands with expeditione ; and last, that the haill cautioners qwhilk became bound for the good behaviour of the saids rebells without the countrie, be chargit before the Councill, and convict of the penalties containit in the acts of cautionrie ; and that the saids pe- nalties be imployit upon the sustentation of hyrit men, and uthers burdens needfull for the weill of the cause. 1596."] KIRK OF SCOTLAND. 425 Sessio. May [March] 26. Forsuameikle as the Tonne of Aberdeene hes taken in purpose and labour in divyding of their populous congregatione, and hes made good progress therein to the good example of the countrie ; notthelesse the vvark remaines imperfect in a part, throw not divi- sione of the aid kirk be a parpatt wall, being very commodious and little expensive : Therefore the Assemblie direct my Lord of Kyn- loss to the King's Majestie's Commissioners, the Lord Sinclare, the Justice Clark ; Mrs Peter Blackburn, James Nicolsone, Androw Melvill, to the Counsell of the said Burgh, immediately from the Assemblie, to exhort and request the Counsell to farder and perfyte the good beginning, and to divide the said kirk be ane parpatt wall : Quha returning back with the Baillies of the Towne, declareit that the Counsell, be reasone that this day of Law is not frequent, allwayes to the division be a parpatt, hitherto they could not agrie, being myndit to build the Tolbooth ; desyrand earnestly the Kirk to request the Lords and Colledge of Justice qwho hes land within the burgh to contribute thereto : qwhairunto the Kirk agried, pro- vyding they wald presently fall to the divisione be ane parpatt ; or- dayning the Bailzie to report the direct answer of the Councill here- upon, upon Munday nixt to come. Ordaynes ane article to be given in to the King's Majestie for establishing ane act, annulling all tacks sett be the ministrie with- out consent of the Assemblie. Sessio. Eodem die. Anent controversies and decisione thereof amongst the ministers: The Kirk and Commissioners present ratifies the act made at Dun- dee heiranent, and ordaynit the samen to be extendit, alsweill to Readers as to Ministers, and the paine of contumacie mentionat therein to be deprivatione. Because of the bounds of Nithsdale, Annandale, and Galloway, are destitute of Pastores, The King's Majestie's Commissioners pro- ponit to the Assemblie, that the Kirk wald take care to appoynt some qualified men for the ministrie there, for qwhois provisione and entertainment his Majestie wald take order. Concerning the defectiones of the ministrie : The samen at length being read out, reasonit, and considerit, the brethren considerit the samen agreeing therewith 4 and in respect that be God's Grace they 42G BOOKE OF THE UNIVERSALL [1596. intend reformation, and to sie the Kirk and Ministrie purgit ; to the effect the vvark may liave the better success, they tliink it necessar that this Assembly be humblit for wanting such care as become them in such poynts as is sett downe, and some godly and zealous brother lay them out for their better humiliatione, and that they make solemne promise befjre the Majestie of God, and make new Covenant with him for a niaire carefuU and reverent discharge of their ministrie : to the qwhilk effect was chosen Mr John Davidsone, and Tuesday nixt, at nyne houres in the morning, is appoyntit in the New Kirk for that effect; qwhairuiito nane is to resort but the ministrie — the forme to be advysit the moriie in privie conferrence. The tennor of the Advyce of the Brethren deput for penning the corrnptiones and enormities in the Ministrie, and remeid thereof, allowit be the Generall Assemblie conveint. Corrnptiones in the office. Forsuameikle as be the too sudden admission and light tryall of persones to the ministrie, it cometh to passe, that many sclanders fall out in the persones of ministers, It wald be ordaynit in tyme comeing that mair diligent inquisition and tryall be used of all such persones as shall enter in the ministrie, as speciallie in thir poynts : that the intrant shall be posed upon his conscience before the great God, (and that in most grave manner,) qwhat moves him to accept the office and charge of the mi)iistrie upon him ; that it be inquyrit if any by solicitatione or nioyen, directlie or indirectlie, prease to entir in the said office, and it being found, that the solister be re- pellit, and that the Presbytrie repell all such of their number from voting in the election or admissione as shall be found moyeners for the solistare, and posed upon their conscience to declare the truth to that effect. Thirdlie, Because be presentationes, many forciblie are thrust in the ministrie and upon congregationes, that utters thereafter that they were not callit be God, It wald be provydit that nane sould seek presentationes to benefices, without advyse of the Presbytrie within the bounds qwhairof the btnefice lyes; and if any doe in the contrair, tliey to be repellit as rei ambitus. That the tryall of persones to be admittit to the ministrie here- after, consist, not only in learning and abilitie to preach, but also in conscience and felling and spirituall vvisdome, and namely in know- 1596.] KIRK OF SCOTLAND. 427 ledj^e of the bounds of their calling, in doctrine, wisdome, and dis» ci|jline, to behave him accordinglie with the diverse rank* of per- sones witliin his flock, — as namely with Atheists, rebellious, vyeak consciences, and sick uthers, qwherin the pastorall charge is nVjjjt; k3'thit, and that be be meit to stop the mouthes of the adversaries > and such as are not found qualified in thir poynts to be delayed to \, further tryall, and wliill they be found qualifyed. And because men may be found meit for some places qwhilk are not meit for uthers, it vvald be considerlt that the principall places of the realme be provydit with men of most worthie gifts, wisdom, and experience, and that nane take charge of greater number of people nor they are able to discharge, and the Assemblie to take order heirwith, and the act of the Provinciall Assembly of Lowthiane made at Linlith- gow to be uregit. That such as shall be found not given to their book and studie of Scriptures — not careful! to have bookes — not given to sanctification and prayer — that study not to be powerfuU and spirituall — not ap- plying the doctrine to his corruptiones, qwhilk is the pastorall gift — obscure and too scliolastick before the people — cauld and want- ing zeall — negligent in visiting the sick, caring for the poor, or in- disciiet in cliooseing of the word not mietist for the flock — flatterers and dissembling at publick sinnes, and speciallie of great person- ages in their congregationes, for flatterie or for fear; that all such persones be censured according to tlie degrees of their faults, and continuing thereinto, be depryvit; That such as be slotlifull in the ministratione of the sacraiuents and irreverent — as profaners, re- ceaving clean and unclean, ignorants and sencless — profane and making no conscience of their professione in their calling and faiiii- lies — omitting dew tryall or wsing nane or light tryall — having re- spect in their tryall to persones, qwhairin there is manifest corrup- tione ; that all such be scharplie rebuked, and if they continow therein, to be deposit. And if any be found ane seller of tlie sacra- ments, that he be deposit simpliciter ; and such as colludes with sclanderous persones, and dispensing and oversieing them for money, incurr the lyke puiiischment. That every minister be chargit that he have ane session estab- lished of the mietest men in his congregatione, and that discipline strike not only upon gross sinners, as whoredome, bloodshed, &c. but upon all siimes repugnant to the word of God ; — as blasphemie "^28 BOOKE OF THE UNIVERSALL [1596. against God — banning— profaining of the Sabbath day — disobedi- ent to parents — idle and unruUy — ones without calling — drunkards ^"*^ sicklyke deboschit men that make no conscience of their lyfe ^iid rewling of their families, and especiallie of educatione of their children, being sclandering, backbyting, flattering, and breaking of promises; and this to be ane universall order throughout the realme : And such as are negligent, continowing therein, after admonition, to be deposit. That nane falling in publick sclander be receavit again in the fellowship of the Kirk, except his minister haue some appearand warrand in conscience, that he hes both ane feelling of sinne and apprehension of mercy ; and for this effect that the minister travell with him be doctrine and private instruction, and bring him heirto, and speciallie in the doctrine of repentance, qwhilk being neglectit, the publick place of repentance is turnit in ane mocking. Dilapidatione of benefices — demitting them for favours or money, that they become laick patronages, without the advyce of the Kirk — precisely to be punisched according to the acts ; and that the dimission in favours for money or utherwayes to the effect above written, be punisched as the dilapidators. Corruptiones in their persones and lives. Tliat such as are light and wantone in behaviour — as in gorgious and light apparrell — in speech using — light and profane company — unlawfull gameing, as dancing, carting, dyceing, and such like, not beseeming the gravitie of ane pastor — be scharply and gravely re- provit by the Presbytrie, according to the degree thereof; and con- tinowing therein after dew admonitione, that he be depryvit as sclanderous to the gospell. That ministers being found swearers or banners — profainers of the Sabboth day — drunkards — fighters — guilty of all thir or any of them — to he deposit simplicifer ; and such lyke, liars, detractors, flatterers, breakers of promises, brawlers and quarrellers, after dew . admonition continowing therin, incurre the same punischraent. That ministers given to unlawfull and incompetent trades and occupations for filthy gaine — as balding hostlaries — taking of ockar besyde conscience and good lawes, and bearing worldly offices in noble and gentlemen's houses, merchandize, and such lyke — buying victualls and keeping to dearth, and all uther worldly occupations IbOd.] KIPvK OF SCOTLAND. 429 as may distract them from their chargo, and may be sclaiuler to thc pastor or calling; — be admonisched and brought to the knawledge of their faults, and if they continow therein, to be deposed. That ministers not resident at their flocks be deposed, according to the acts of the Generall Assemblie and laws of the realme, uther- wayes the burden to be layde upon the Presbytries, and they to be censured therefore. That the Assemblie command all their members, that nane of them await on the Court and affaires thereof, without tiie advyce and allowance of the Presbytrie. Item, That they intent no actione civill without the said Pres- bytrie's advyce, except in small matters ; and for the remeeding of the necessitie that some ministers hes to enter in pley of law, that remedie be cravit — that schort proces be devysit to be used in mi- nisters' actiones. That ministers take speciall care in wsing godly exercises in their families, and teaching of their wyfes, children, and servants — in useing ordinarie prayers and reading of Scriptures — in removeing offensive persones out of their families, and such lyke wther poynts of godly conversation and good example, and that they at the visi- tatione of their kirks try the ministers' families in thir poyntes for- saids ; and such as are negligent in the poyntes, after dew admoni- tione, shall be judgeit unmeit to governe the house of God. That ministers in all companies stryve to be spirituall and pro- fitable, and to talk of things concernying to godliness, as, namely, to sic as may strenthen them in Christ Jesus, instruct us in our call- ing, of the meanes how to have Christ's kingdom better establischit in our congregations, and to know the gospell flourishes in our flock, and suchlyke wayes the hinderances and remedies that we find, qwherein there is manyfold corruptions, both in our company with ourselves and with wthers — and that the contraveeners heirof be tryit and scharplie rebukeit. That no minister be found to countenance, procure, or assist ane publick offendar challengit be his awne minister for his publick of- fence, or to bear with him as though his minister were too severe upon him, under the paine of rebukeing. Anent Generall Assemblies: To urge the keeping of the Acts anent the keeping of the Assemblie, that it may have the awne re- verence. 2 F 430 BOOKE OF THE UNIVERSALL [1596. Sessio 10^ May [March] 29. Instructions to Mrs John Prestowne, and Edward Bruce, Com- mendator of Kynloss, his Majestie's Coranaissioners to the Generall Assemblie. Imprimii : Ye shall schaw to the said Assemblie our good will to have all the kirks of Scotland planted with ministers, and suffi- cient livings appoyntit unto them to the great hurt of our owne rent, and that portion of the thirds qwhilk was assignit to our house and our comptrollers in the possession thereof: But finding that the haill thrids is not sufficient to plant the haill kirks, nor yet commodious to ministers to serve in ane place, and have their liv- ings to siek in ane wther, very far distant from their cure, There- fore, we thought good to set fordward ane order for locall stipends, foundit upon the ground that all the kirks of Scotland should have ministers, and all ministers stipends within their awne paroches, of sic natour, as be our authoritie on the ane part, and concurrence and procurement of the Kirk on the wther, might be obtainit from the tacksmen of lands, present possessors of the said rent ; for the qwhilk effect, we causit ane act of Parliament to be made in the year of God J 592, grantand commission to certaine Noblemen, Counsellors, Officers, and Ministers, and the wther parts, to in- treate and presente this matter, and alse hes given command in particular, to certain of our Lords of Chekker to help with their advyce and labours to bring the matter to some perfec- tione, qwherein, as we understand, there is something done, as ane part of the brethren can bear record. Lykeas we continow in our good mynde, in our tyme to have the kirks sattled anent their liv- ings, and not intanglit yearly with proces, and our haill kirks planted within this realme, be thir presents, offers, and permitts, to the said Assembly, to cause our Commissioners, Counsellers, Offi- cers, to conveen presentl}^ before the expiring of this Assemblie, with the said Commissioners for the Kirk, to begin this good pur- pose, and to lay the ground, and to sett downe the order, and tyme, and place of convening, to prosecute the samen to the finall end, conforme to the act of Parliament, so that the stay, if any shall be in the part of the Kirk, as it hes bein of before, and not on our pairt. 1596.] KIRK OF SCOTLAND. 431 Item, Ye shall scliaw to tliem tliat is aiie stay to this good worke, that be some of their preachings they waltl make the peo- ple to understand that we and our Counsell wald stay the plant- ing of the kirks, and take away the present livings possessit be ministers, albeit the contrair be of veritie, and that we and our counsell is most willing that the haill kirks be plantit, and the rents of the ministers to be augmentit so far as lawfully may be ob- tainit, with consent of our nobilitie and others tacksmen of teynds, qwhais rights, but order of law, we cannot impare ; and therefore this forme of preaching discourages our good counsellors maist willing in this wark, and is ane heavie sclander to the ministers themselves, qwherin ye shall desyre order to be taine, that the lyke be not in tyme coming. Item, Ye shall desyre these your instructions in our name, to be registrat in the Books of the Assemblie, as ane perpetual testimonie of our good will, and also that answers be given, in particular, be ane generall voteing of the haill Assemblie, and no wayes to be re- ferrit to ane privie conferrence, and the answers so votit to every particular head to be registrat in lyke manner therewith, and the extract of all these articles and answers to be delyverit to yow, to report to us againe. — Sic subscribitur, James Rex. Sessio 12*. Penultimo Mali [Martii.] Forsuameikle as the brethren of the ministrie conveint in the Ge- nerall Assemblie hes with ane solemne humiliatione acknowledgit their sinnes this day, and negligence in their conscience before God, and hes interit in ane new covenant in their charges, and seeing ane great part of the ministrie is not present at this actione ; Therefore the Kirk commands their brethren of the Synodall Assemblies to make the lyke solemne humiliatione and protestatione as was obser- vit be the Generall, at their next convening, and so many as beis not at their Synodall, to doe it at their presbytries. Articles proponit be the Commissioners of the constant Piatt to be advysit and passit in Acts be the Generall Assembl}'. First, It is thought requisite be the saids Commissioners, and cravit, that the said Assembly would ordayne that the Moderators of ilk presbytrie within this countrie sould give presentations jure devoluto, of all benefices of cure, belonging to laick patrones within '432 BOOKE OF THE UNIVERSALL [1596. their bounds, that hes not presented qualifiet persones within sax raonethes after the decease of the last possessor thereof; and sicklyke, the benefices qsvhilks shall vaike hereafter in caice the saids patrones neglect to present within sax moneths, to ministers ^serv- ing, or that shall serve the cure of the saids kirks, under the paine of deprivatione ; and that the saids ministers accept their presenta- tiones, and persew them : And in caice there be not actuall mini- sters presently at the saids kirks, in that caice, that the saids Mode- rators deall eifectuallie with wthers qualified persones, to accept the saids presentatations, and to prosecute the saraen be law. That all beneficit persones that are here present in this Assem- blie be movit presently to interdyte themselves from all setting and disponyng any part of their benefices to qwhatsomever persone or persones, without the speciall consent and allowance of the Generall Assemblie, and the interdictione to be subscryvit be such as are present, and wthers that are absent urgit be their presbytries to doe the lyke, immediately after the dissolving of the Assembly. Because the kirks in diverse places of the countrey sustaines great hurt through the laike of unqualified persones in the ministrie instructed and trained up in the schooles of theologie ; therefore it is cravit that ane act be made in this Assemblie, ordayning every provinciall Assemblie to furnische a sufficient entertainment for a bursse in the New Colledge of St Andrews, this 96th year, and so forth, yearly, in all tyme coming ; and that every Provinciall As- semblie shall have the priviledge to present the said bursar so oft as the benefice or place shall vaike : and in caice there be any of the ministers' sones within the province, of meit graces for the said place, that he be preferrit to all wthers to the ministrie ; and after the expyreing of his course, in the study of theologie, that he be bound to imploy his travells within the province to the qwhilk his graces may be answerable — and that it be not leisura to the said bursar to imploy his travells in any wther place, except be the con- sent and advyce of the said province. Seeing the necessitie of the common affaires of the Kirk craves, that there be a continuall travelling and attendance at court both for the farderance of the present work qwhilk is in hands, anent the plant- ing of the Kirks, as lykewayes of the continuall diligence of the enemie, waiting at all occasiones, speciallie qwhen they finde any slackness upon the part of the Kirk, in the discoverie and resisting of the interprizes of the said enemie ; Therefore it is cravit, that ane 1596.] KIRK OF SCOTLAND. 4.33 care and burden of the common cause be laid upon some bretlirene be the Generall Assemblie, either of them that are residents here about court, or else of some others to be appoyntit of diverse partes of the countrie, because, wtherwayes, there is nane that finds them- selves in conscience bound to haue any care heirof, or to make panes therein. The first two articles the Assemblie answerit is agreit : To the third, the Assemblie ordaynes it to be movit in the provinces first : To the fourth, Appoynts Mrs Robert Bruce, David Lyndsay, James Balfour, and James Nicolsone with them, when he is present. Sessio 13*. Anent the articles concerning his Majestie's house and persone, the Assemblie hes nominal Mrs Patrick Galloway, James Nichol- sone, and James Melvill, to conferre with his Majestie there- anent. Ofiences in his Majestie's House. As strangers and wthers good subjects repairing to the court hes been comfortit to sieChristiane religione religiouslie exercisit,so now they are somewhat troublit, seeing the exercise of the reading of the word at table, and reverent saying of the grace before and after meat, diverse tymes oraittit. That on the week-day the repareing to the heiring of the word is mair rare then before, and that he wald be admonisched for heir- ing of speeches in tyme of sermone, of them that desyre to com- mune with his Majestie. Privie meditation with God in spirit and conscience, earnestlie to be recommendit to him. His Majestie is blottit with banning and swearing, qwhilk is too common in courteours also, and movit be their example. His Majestie wold labour to have such companie about him as himself, according to his awne qwhilk is gravely to be recommendit to his Majestie to be put in practise : Robert Laud, and such as are suspect, to be removit — especiallie murtherers, and Papists, and profane persones. The Queen's Majestie's ministers to be reformit ; and touching her compajiy, her not repareing to the word and sacraments — . nicht walking — balling, &c., and suchlyke concerning her gentle- women. 434 BOOKE OF THE UNIVERSALL [1596. In respect of the Report of the brethren of the north, that gen- tlemen and burgesses are lyke to leave their houses for fear of the enemies, seeing their great insolence unrepressed at hame, return- ing of their wyves to the countrie againe, and their provisions in their houses and castles for their harae-coming, qvvhilk is murmurit against in all the countrie : For remedie, it is cravit that the Ladies of Huntlie and ArroU presently be brought back againe and placit in St Androis, my Lord Gordone sicklyke to be brought to the south, and put to the schools — their friends in the south to be wardit, — as Cluny, Geight, Abergaldie, Cowbairdie, Bonytowne, younger, Craige, younger, Alexander Hay of Auchmather, Mr Alexander Leslie of Peill, James Knowes, John Gordoune of Newtoune : to be apprehendit, Towie Barclay, Patrick Conn. And for this effect it was thoucht good that some Commissioners, tlie Provest of Aberdeen, witli the Laird of Wedderburne, to be direct to the north, with the Kirk's Commissioners already appoyntit. The Commone Corruptiones of all Estates within this Realme. Ane universall coldness and decay of zeale in all estates, joynit with ignorance and contempt of the word, ministrie, and sacra- ments ; and qwhere no knowledge is, there is no sense nor feeling, qwhilk utters itself most manifestly be this, that they want religious exercises in their families, as of prayer and reading of the word ; and qwhere the samen, for the maist pairt, is abused and profaned be cuiks, Stewarts, jackmen, and such lyke ; — the masters of the families ashamed to wse their exercises of godliness in their awne persones, and no conferrence at their tables, but of prophane, wan- ton, and worldlie matters. Superstitione and Idolatrie intertaint, qwhilk utters itself in keeping of festivall dayes and bonefyres, pilgrimages, singing of carrolls, and Zuill. Great blasphemie of the holy name of God in all estates, with horrible banning and curseing in all their speeches. Profanation of the Sabbath, and speciallie in seed-tyme and har- vest, and commone journeying on the Sabbath, — and trysting and worldlie turnes, — exerciseing all kynde of wanton games — keeping of markets — danceing — drinking, and suchlyke — little care and re- verence of inferiours to their superiours ; as suchlyke of superiours 1596.J KIRK OF SCOTLAND. 435 in dischargeing their dewtie to the inferiours — as qwhair children pleyes in law against parentes, and many of them marryes against their parents' will and consent, and no care of thair parents for thair education in vertue and godliness. Ane flood of bloodscheds and deadly feuds aryseing therupone, and universall assisting of bloodscheds for eludeing of lawes. Adulteries, fornicationes, unlawfull marriages, and divorcements allowit by publick lawes and judges, and children begotten in such marriages declareit to be lawfull, excessive drinking and wawcht- ing, gluttonie, qwhilk is no doubt the cause of dearth and famine, — gorgeous and vaine apparell, — filthie and bawdie speeches. Sacriledge in all estates, without any conscience, growing con- tinuallie mair and mair, to the utter undoeing of the Kirk and stay- ing of the planting of the gospell — cruell oppression of the poore tennents, qwhareby the haill commons of the countrie are utterly wrackit, be the extream dear setting of their rowmes, and balding out of their cornes by untyraous teinding and extream thraldome in services. Oppression under pretext of law, be usurie and be contracts against law — forstalling of raercats — ane regrateing be gentlemen burgesses and commons, qwhairby the pryces of victuall is marvel- ouslie raised, to the great hurt of the poore, and suchlyke girnelling of victualls, and withholding of them from the mercats, and not threshing them out in due tyme. Ane great number of idle persones without lawfull calling ; — as pypers, fidlers, songsters, sorners, pleasants, strong beggars living in harlotrie and having their children not baptized, without all kinde of repairing to the word. Offences in the Court and Judgement Seat. Universall neglect of justice both in civill and criminall causes ; —as, namely, in granting of remissions and respites for blood, — adulteries and incests, — no execution of good lawes made against vyces, or in favour of 'the Kirk, and in civill matters, — the judges, for the maist pairt, unmeit, either in respect of the want of knaw- ledge or conscience, or both ; and when any office vaikes, the warst men advancit thereto, both in high and inferiour rowmes. No executione made against the adherents of the detected ene- mies, and the enemies themselves, nor imploying of their livings to 436 BOOKE OF THE UNIVERSALL [159G. the use of the resisting of the enemies, qwhairby the enemies are rather beneficit nor hatit. 'I'he odious murder of Dunibristle not punisched. In Parliaments, sacrilegious persones, as Abbots, Pryors, Dum Bischopes, voteing in name of the Kirk, contrare to the lawes of the countrie, whereby the cause of the Kirk is damnified. The Session is chairgit with buying of pleyes, delaying of justice and bryberie, qwhilk is evident be extraordinar and sudden con- quests. Grieves to be humbly meanit to his Majestic, in name of the Generall Assemblie, be thair Commissioners, touching the principall Offences in the Estate of the Countrie, that be his Majestie's Counsell and authoritie sufficient remedie in tyme may be provyded thereunto. First, It is humbly meanit to his Majestic, that to the great hazard of religion, and peace of the countrie, and grief of all good men, the forfalt rebells and enemies of his Majestie's estate, injoyes their lands and livings as peaceablie, and to their greater advantage, then if they were at his Majestie's peace within the countrie, and their confederats and friends, partakers and assisters Mith them and their treasonable attempts, are sufFerit in so great ane libertie, never having ance so meikle as enterit their persones in ward, nor giving suretie and pledges for their good and dewtifuU behaviour and obedience to his Majestie, in case it shall happen the saids rebelles, or any uther forraine enemies, to repare within the countrie for dis- quieting of the estate thereof, as if they had immunitie and exemp- tiones from all lawes, to confirme themselves for strengthening the hand of the enemies when they happen to arryve, as it appeares their intention is, by their preparatione, force, and armour, and leagues of friendship whilk they are daylie binding up. Diverse Jesuites and excommunicat priests are intertained within the coun- trey, deteining such as they have pervertit in their errors, and in- duceing wthers in the samen corruptione, and holding them in hope of the returning of the Papists Lords with assistance of strangers ; as, namely, Mr Robert Abercrombie, Mr Alexander Macqwhirrie, Abbot of New Abbay, John Gordonc of Newtoune, the young Laird of Bonytoune, Mr Alexander Leslie of Peill, Patrick Carr, Alexander Kamsay, and divers others. 1596.] KIRK OF SCOTLAND. 437 That in many pairts of the countrie, for lake of provisione of sufficient stipends for provisione of pastors, the people lyes altoge- ther ignorant of their salvation, and dewtie to God and the king, qwhairthrough the land is overflowit with atheisme and all kynde of vyce, there being above four hundreth paroche kirks destitute of tiie niinistrie of the \yord, by and attour the kirks of Argyle and the Isles. It is regraitit universallie, be his Majestie's leiges, that through the delaying, perverting, and eluding of justice, murtliers, op- pressions, incests, adulteries, and all kynde of haynous crymes aboundes. It is to be heauilie meinit, that the brether of the niinistrie that hes gotten ane nieine provisione or help be the assignation made anno 1595, are delay it and frustrat of justice, by the Lords of Ses- sion refusand to decyde their suspensiones according to the act of February 1588. Articles to be proponit to his Majestie for remedying of the former Grieves. For remeid of the former grieves, it is humbly to be craveit of his Majestie, that the Lairds of the forfaulted rebells be disponit to such as are knawne to be most meit, and of best aflf'ectione to resist the enemies of religione, and his Majestie's Estate, both forraigne and intestine, and in the meantyme that their livings be taken up, and intromittit with be his Majestie's officers, and imployit upon the intertainment of wagit men, and uther necessar uses, for the maintainance and advancement of the good cause ; and that the ladies of Huntlie and ArroU be chargeit to come south, and make their residence in St Androis, that there be no more ane receipt and incouragement to the enemies, as they are presently, be their sub- till forme of practice, qwhilk tliey have useit this year by past, to the confirming of their friends and confederates, and intyseing of uthers whom they might seduce to their purpose, and upon violence against such as refuse to yield to their course, and that the Ladie Huntlie, her eldest sonne, be brought south, to be trained up in the knawledge of good letters and religion, and that the Lairds of Clunie, Gicht, Aberzeldie, Cowbairdie, Craige, younger, Alexan- der Hay of Auchmathie, Buckie, James Knowes, Towie Barclay, Patricksone, and the rest of their principall friends and confede- rals that hes kvthit with them in actione in their treasonable inter- 438 BOOKE OF THE UNIVERSALL [1596. pryses againes his Majestie, be chargit to come south, and enter their persones in some speciall ward, there to remayne ay and qwhill they have found sufficient cautione under great soumes, that they shall neither traffique, intercommune, supply, or intertain intelli- gence, nor give any kinde of assistance to his Majestie's rebells, or any wther enemies of religione qwhatsumever, and give sufficient pledges of their sonnes and nearest friends to that effect. That his Majestie give commissione to some of his speciall ser- vants and vvthers, knawne to be of good abilitie and affectione, to search, seik, apprehend, and present before his Majestie, Mr Ro- bert Abercrombie, Mr Alexander Macqwhirrie the Abbot of New Abbay, Alexander Ramsay, Bonytowne, younger, Alexander Leckie of the Peill, John Gordoune of Newtowne, and wthers, Jesuites, and excomraunicat Papists, as their names shall be given in a roll. That his Majestie would prosecute his good purpose and inten- tione declareit before the Assemblie, anent the planting of the haill kirks within the countrie, with qualified pastores and sufficient pro- vision of stipend for their intertainment ; and for that effect, that he wold give commissione to the visitors nominat be the Generall Assemblie, to take inquisitione of the estate of all kirks within the bounds of their visitatione, and to deall with the tacksmen and pos- sessors of the teinds, in his Majestie's name, for sufficient provision to the ministers, out of the rent of every paroche, and to report the samen to his Majestie's Commissioners appoyntit for the work of the platt, in the act of Parliament, and provyde some honest moyen for the intertainment of their charges in the journey. That his Majestie take order substantiously be advyce of his Counsell and Estate, how the principall judgment seat and wther inferiour judges may bepurgeit of unqualified and corrupt persones, and filled with wthers meit to discharge that calling faithfuUie, for the comfort of his Majestie's peaceable and well-disposed sub- jects. That his Majestie wold command the Lords of Session to mini- ster justice to the brethren of the ministrie that hes gotten any augmentation of their meine stipends or new provisione by the Commissioners appoyntit be his Majestie's Commissione, the '95th year, and that according to the Act of February 1567, as they are bound by their solemn oath and promise ; and sieing the extraordi- nary dearth wrges them with so great necessitie, that unless his 1597.] KIRK OF SCOTLAND. 439 Majestie have a consideratione of their estate, they and their fami- lies will be driven to extreame povertie and want. [SIXTY-FIRST GENERAL ASSEMBLY.] The Generall Assemblie of the Kirk of Scotland, halden at Perth, tlie first of March L597, where there conveint the Commissioners from all Presbytries, according to his Ma- jestie's missive. Sessio \\ Exhortatione there was nane. Anent the supplicatione given in be Mr Thomas Nicolsone, ad- vocat, bearing that in respect he was admittit dark to the Generall Assemblie, in place of Mr James Richie, last dark thereof, be seven of the Commissioners deput be the last Generall Assemblie, to in- traite and conclude upon the affaires of the Kirk, qwhilk sould fall out and interveine before the next Generall Assemblie, that, there- fore, the Assemblie now conveint wald admitt the said Mr Thomas to the said office, and corroborat his admissione with their authori- tie : The brethren conveint, all in ane voyce, creatit and electit the said Mr Thomas de novo, and admittit him to be Clark of the Kirk ; v.'ith power to him to use and exerce the samen, and all priviledge belonging thereto, alse frielie as any dark might have done at any tyme bygane. Sess. 2^ Martii 2°. Anent the commission direct from his Majestie to Sir John Cock- burn of Ormistoune, Knight, Justice- Clerk, and Edward Bruce, Commendator of Kynloss, with all expeditione, to repare to the Commissioners of the Presbytries of the Kirk presently assemblit within the Kirk of Perth, and to inquyre of them if they be ane lawfull Generall Assemblie of the Kirk, and hes sufficient power be themselves to give answer, treat and conclude upon such things as are to be proponit and intreatit in this present convention, accord- ing to his Majestie's warrand and missive, direct to them be his Hienes to this effect, and to report their answer, in wreit, there- 440 BOOKE OF THE UNIVERSALL [1597. anent : The brethren present, after lang reasonyng and conference had anent the premisses, thinks that this their meeting is ane lavv- full Generall extraordinar Assemblie, be reason of his Majestie's letter direct to the presbytries and provincialls to that effect, and the presbytries' and provincialls' Commissioners given to meet in the town of Perth, and therefore are willing to hear what his Majestic shall propone, and to treat, conclude, and give answer thereaneiit, conform to the commissiones with the qwhilks they are authorized be the Presbytries and Synodalls. Sessio 3^ Martii 2". The Commissioners deput be his Majestie, proponit certain heads and articles to the brethren to be resolvit and concludit in the pre- sent Assemblie, qwhereof the tenor follows : Since the quietness of the Kirk, and the frieing of the same of sclander, qvvhilk, upon the contrare, effects wold necessarly fol- low, as the chiefF butt and end qwhereat his Majestie schoots in the conveening and holding of this present Assemblie : Therefore, for eschewing of fascheous and langsome disputatione, qwherupon di- vers uncomlie controversies and debates might aryse, his Majestie hes thought good to remitt the decisione of ane great number of the pretendit questiones to ane better opportunitie, to be reasonit in the meintyme be such as shall be authorized be commission to that effect, and for the present shall content himself with the deci- sion of thir few articles following, having made change of nane but such as necessitie of tyme could not permitt to be delayed without ane great harme and sclander to follow. 1. That it be not thought uulawfuU naither to the prince nor any wther of the pastors any tyme hereafter, to move doubts, rea- sone or crave reformatione in any poynts of the externall policie and gubernament or discipline of the Kirk, that are not essentially concernyng salvation, or is not answerit affirmative vel negative by any expresse part of the Scripture ; provyding that it be done decenier, in right tyme and place, animo edijicandi non ten- tandi. 2. That since the civill and politick government of the country belongs alwayes alanerlie to the King's office and his Counsellers, and in no wayes pertinent to the spirituall ministrie of the word, that no minister shall hereafter, at any tyme, meddle with the mat- ters of the Estate in the pulpit, or with any of his Majestie's sta- tutes, lawes, or ordinances. But, if any of the m,inistrie shall think 1597.] KIRK OF SCOTLAND. 441 any of them hurtfull to the religion, or contrair to the word, they shall privatly complaine to the King thereupon, or his Counsell. 3. That it shall not be law full to the pastors to name any parti- cular man's name in the pulpit, or to descry ve him as may be equi- valent with their nameing, except upon the notorietie of a cryme ; qwhillc notorietie man only be defynit be the guiltie persones being fugitive for the tyme, or being fyllit be ane assyse, or excommuni- cat for the same. 4. That every minister, in his particular applicatione, shall have only respect to the edificatione of his owne flock, and present audi- tor, without expatiating upon wther discourses, no wayes pertinent for that congregatione. 5. That every particular presbytrie shall be commandit to take diligent accorapt of their pastore's doctrine, and that he keep him within the bounds of the premisses. 6. That summar excommunicatione be all wtterlie abolisched, as inept, and that three lawfull citationes at leist of aucht dayes inter- vall betwixt every one of them preceed the sentence. 7. That no Session, Presbytrie, nor Synodall, wse their cen- sures upon any but upon them that are resident within the, bounds committit to them, wtherwayes iheir decreets and sentences to be null. 8. That all summonds contain ane speciall cause and cryme, and nane super inquirendo to be summond, quod est mere tyran- nicum. 9. That no meeting nor conventione be among the pastores without his Majestie's knowledge and consent, excepting alwayes their ordinary Sessiones, Presby tries, and Synods. 10. That in all the principall townes, ministers be not chosen without the consent of their own flock and of his Majestic, and that order to begin presently in tlie planting of Edinburgh. 11. That all matters concernyng the rest of his Majestie's ques- tiones be suspendit unmedled with, eitlier in pulpit or any wther judicators, qwhill first all his Hienes questiones be fully dccydit ; And in speciall all matters importing sclander, come not in before them in the meantyme, qwharin his Majestie's authoritie royall is highly prejudgit, but only in causes merely ecclesiastick. 12. That seven -or aught of discreet wyse ministers be authorizit be commissione to reason upon the rest of the questions, as oppor- tunity of tyme shall serve. 442 BOOKE OF THE UNIVERSALL [1597. 13. That they give commissione to the ministrie of the north to be at a poynt with Huntlie ; and, in caice he satisfie them, to ab- solve him. And for the better answering of the saids Articles, the Assemblie ordaynit certaine brethren to be chosen out of every schyre pre- sentlie convenit, who should give their advyce and overture upon the saids Articles proponit be his Majestie, and thereafter reporte the same to the Assemblie : — they are, to say, Mrs John Monro, Alexander Dovvglass, Peter Blackburne, John Strauchane, Alex- ander Buchanan, James Melvill, John Spottswood, Adame Colt, Thomas Storie, Andrew Clayhills, John Knox, James Brysone, Patrick Scharpe, Gavin Hamiltone, Alexander Scrymgeour, and David Barclay. Sess. 5*. Marti i 4°. The brethren convenit being desyred be the King's Commis- sioners sent from his Majestie to repare to the place where his Heines with tlie Estates M'ere presently sittand, to conferre anent the forsaids articles, tliey, at his Majestie's desyre, resortit to the Counsell-house, and there, before any farther reasoning, after his Majestie had discoursed upon such things as should be proponit, protestit in manner as after follows : Sir, — Forsuameikle as we are come hither to testifie to your Majestie our obedience, and to hear what shall be proponit to us be your Heines, in all reverence we protest that this our meeting be not esteeniit as though we made ourselves and the Assemblie with the Estates, or yet does submitt any matters ecclesiasticall, either concerning doctrine or discipline, to this judicator ; but after we had conferrit and reasonit with your Majestie anent the articles proponit to us, we most returne to the ordinarie place of our As- semblie, there to reasone, vote, and resolve in all these poynts, ac- cording to the word of God and ane good conscience ; and this our protestation we most humbly desyre may be admittit and insert in your Majestie's Books of Counsell, for eschewing of inconvenientes that heirafter may ryse : The qwhilk protestatione was ratified, reiterat and confirmed be his Majestie ; and after long reasoning upon the saids Articles, the brethren were demiltit. 1597.] KIRK OF SCOTLAND. . 443 Sessio 6*. Martii 4". Anent the Articles proponit be his Majestic to be resolvit and answerit be the Generall Assemblie, the brethren, after long con- ferrence and mature deliberation, concluds and answers to the samen, in manner and forme as after follows : 1. First, That it is lawfull to his Majestic, be himself or his Heines' Commissioners, or to the pastors, to prepare in ane Gene- rall Assemblie, qwhatsoever poynt his Majestic or they desires to be dissolved or to be reformed in matters of externall government, alterable according to circumstances, provyding it be done in right tyme and place, animo edificandi, non tentcmdi. 2. The Assembly ordaynes that no minister shall reprove his Majestie's lawes, statutes, acts, and ordinances, unto the tyme that first he be advysit with his Presbytrie, Synodall, or Generall As- semblies, complaine and seek remedie of the same from his Majes- tic, and report his Majestie's answer, before any further proceed- ing. 3. No man's name should be expressit to his rebuke in pulpit, except the fault be notorious and publick, qwhilk notorietie is de- fynit, if the persone be fugitive, convict be ane assyse, excommu- nicat, contumax after citation or lawfull admonitione ; nor yet should any man be descryvit openlie be any uther circumstances except publick vyces alwayes damnable. 4. The brethren finds that no persone sould use applicatione qwherin he hes not ane chief respect to the edifying of his awne flock and present auditor. 5. The Assemblie ordaynes every Presbytrie to take diligent accompt of the pastor's doctrine, and that he keep himself within the bounds of the word. 6. The Assemblie superceeds to answer to the 6th Article unto the next Generall Assemblie ; and, in the mean tyme, suspends all sumraar excommunicatione qwhill the said Assemblie. 7. The 7th lykewayes is referrit to the next Assemblie. 8. Ordaynes all summonds to contain ane speciall cause and cryme, and that nane be summoned super inquirendis. 9. No conventiones sould be amang the pastores without his Majestie's knawledge and consent, except alwayes Sessiones, Pres- bytries, and Synods, their meetings in visitationes of kirks, admis- 444 BOOKE OF THE UNIVERSALL [1597. sione and deprivatione of ministers, taking up of feuds, and such uthers as hes not been found fault with be his Majestic. 10. In all principall towns, ministers should not be chosen with- out the consent of their own flock and his Majestie. 11. All matters concerning his Majestie's questiones remanent shall be suspendit, nor damned or rebuikit either in pulpit or uthers their judicators, qwhill first all his Hienes' questiones be decydit in the next Generall Assemblie, and in speciall matters importing sclander, shall [not] come in before them in the meintyme, qvvhere- in his Majestie's authoritie royall is highly prejudgit, excepting only ecclesiasticall causes. 12. The Assembly hes appoynted and chosen certaine brethren with commission to treat upon the saids questiones, and report their advyce and opinione to the next Generall Assemblie, referring the tyme and place of conveining to his Majestie, The brethren appoyntit, to that effect, as foUowes : Mrs James Nicholson, Jone Caldcleuch, Andrew Clayhills, David Lyndsay, Thomas Buchanan, James Melvill, Robert Wilkie, William Couper, John Couper, Thomas Brysone, Robert RoUock, Patrick Galloway, John Dun- cansone, and Robert Henrie. 13. The Assemblie gives commissione to the ministrie of the Presbytries of Morray and Aberdeine to insist in conferrence with the Earle of Huntlie ; and, to that effect, appoynts Mrs Andrew Millne, Andrew Leith, Andrew Lambe, George Gladstones, and John Ramsay, to concurr and assist with them, and ordaynes them to report their answers to the couditiones and articles given them in commissione for try all of the said estate. Sess. 7*. Martii 5o. The Articles for Triall of the Earle of Huntlie. 1. First, That the said Earle, from the day of his compeirance before the saids Commissioners, shall make his constant and ordi- narie residence in Aberdeene, that he may be instructit be hearing the word, and ordinarie conferrence indureing the tyme appoyntit for the same. 2. That he be well informit with knawledge, to condescend in the principall grounds of religion affirmative, and the untruth of errors contrair to ihe same, and that he be able to give a reasonc of his knawledge in some measure. 1597.] KIRK OF SCOTLAND. 445 3. That he be brought to ane plaine acknawledgeing of the Kirk within tliis countrie, and profess himself adjoynit to the same, as ane obedient member thereof, and be content to hear the word, participat the sacraments, and obey the discipline of the Kirk, as the samen is presently allowit be the King's Majestic and the Estates. 4. That he solemnly promise, be word and written band, to re- move out of his house, company, and haill bounds under his power, Jesuits, Priests, and excommunicate persones. 5. That he agrie to swear and subscryve the Confession of Faith in presence of the haill Commissioners. 6. That he agrie to satisfie in the kirk of Aberdeene, in most humble manner, for his apostacie, and there renew the forsaids pro- mises and bands in most solemne manner. 7. Anent the slaughter of the Earle of Murray, that he declare his griefe and repentance for the same, and promise to make ane assythment to the partie, when the samen may conveniently be ac- ceptit off, and utter his forsaid repentance and grieff therein, at the tyme of his publick satisfactione. 8. Forsuameikle as be occasion of service done to his Majestie in persewing the said Earle, be force and utherwayes, syndrie in these pairtes hes incurrit his displeasure and deidly feud, that he be content to remove all these occasiones with such convenient dili- gence as the saids Commissioners shall think expedient, 9. For declaratione of his aifald adjoyning with us, that he be content at their sichts, and advyce of his best disposed friends, to provyde sufficient stipends for his kirks. 10. That he shall acknowledge his faults qwhereof he was justly excommunicat, and especiallie the burning of Dunybirsle, and his apostacie. 11. That he shall have ane ordinare minister resident in his awne house continuallie ; with power to them to conveen the 22d day of March instant, or sooner if they can possiblie, and to con- ferre with the Earle of Huntlie, and resolve him of the Articles forsaids, and to report his minde and resolution thereanent at the next Generall Asseinblie, to be halden at Dundee the tenth day of May nixt to come. Anent the supplicatione given in be Dame Elizabeth Oliphant, Countess of Angus, making mentione, That where diverse and fre- quent sutes hes been made to herself and the remanent friends of 2 G 446 BOOKE OF THE UNIVERSALL [1597. William, sometyme Earle of Angus, desyrand conferrence with certaine of the ministrie, for his farther resolutione in the heads of Christian Religion, qwhilk hes not tane such good effect as was lookit for, be reason of certain impediments qwhilk hes fallen out in the meantyme ; requesting, therefore, most earnestlie to appoynt certaine of the wysest brethrene where he makes his residence to conferre and resolve him of the doubts that stayes from imbracing and professing of the trew and Christian Religion publickly pro- fessit within this realme : The Assemblie ordaynis the ministrie of Ano-us and Meirnes to conferr with the Earle of Angus anent such doubts as he wald be resolvit upon, and speciallie to conferre with him anent the Articles preceeding, qwhereupon the Earle of Hunt- lie is ordaynit to be tryit, exceptand only such as concerns the Earle of Morraye's slauchter, and to report his resolutione in the premisses to the next Generall Assemblie, Anent the offers given in be Francis, sometyme Earle of Arroll, to the Generall Assemblie presently conveint at Perth, beirand as follows : First, I offer to abide any just tryall of the alleadged traffiqueing against the Religione presently professt within this country, indure- ing my absence off the countrie, and make all sufficient purgatione to your Wisdomes for the same. Farther, I offer all possible secu- ritie and caution, in all tymes comeing, never to traffique against the said religione, and that neither the said religione nor discipline thereof shall any wayes be hinderit be me, but have the ordinare course in my bounds, as in uther parts of the countrie, and to de- clare my willingness to be resolvit in the said religione, I am con- tent to accept conferrence therein, and requires the same at your Wisdomes, who hes power, that ye will appoynt ane or mae of your number indifferently, as they shall be requyrit of me in the pairts qwhere I presently dwell, and have the leasure or occasione to re- sort where I shall happen to be, to conferre with me upon the haill controvertit heads, that 1 may have instructione ; and if I shall be thereby movit, that the haill number of that Synod where my resi- dence is, will take the paines to convince and meet me at some competent place, to hear and testifie of me ; indureing the qwhilk tyme of conferrence, I shall no wayes respect any Jesuite, Semi- narie Priest, or excomraunicat persone. And if it shall happen that I be resolvit in the heads of controversie, shall unfainedly from my heart imbrace the said religion, and make publick confession there- 1597.] KIRK OF SCOTLAND. 447 of in tyme coming, and shall make satisfaction for my defection from the same, as shall be injoynit : Lastly, desyres to be absolvit, or at least suspendit, from the sentence of excommunicatione in- dureing the tyme of conferrence, so that nane of my friends that resorts to me, and may be stedable to me be their counsell, either in the said conferrence or uther my leisum affaires, be troublit be your censure therefore, but may have your licence to have accesse to me, and I to them, in qwhatsomever part of the countrie I shall resorte, lykeas I have obtained his Majestie's licence and charge to your Wisdoms to give me conferrence, qwhilk it may please yow receive, and do accordingly as ye wold give me argument of your good intention toward my conversione, qwhereof I doubt not, and for performing of the premisses shall finde cautione and seuertie. The Assemblie ordaynes the ministrie of Morray and Aberdeene, with the fyve ministers adjoynit unto them, for conferring with the Earle of Huntlie, to trait lykewayes with the Earle of Erroll anent the premisses, and to report unto the nixt Generall Assemblie what resolutione they finde in him concerning the Articles conteined in their Commissione direct for the tryell of the Earle of Huntlie exceptand alvvayes such articles as concerns the slauchter of the Earle of Morray. Farther, the Assemblie ordaynes these Commis- siones granted for conferrence with the saids Earles of Angus, Huntlie, and Arroll, to be extended to the Lairds of Newtoune and Bonnytoune, in caice they offer themselves to satisfy the Kirk. Attour, if it shall happen the said excommunicat persones, or any of them, to resorte or repare to any uther part within the realme, the Generall Assemblie gives full power and commissione to the ministrie of the Presbytries where they shall chance to resorte, to treat and conferre with them anent the heads and articles above written. Anent the supplication given in be Mr John Rutherfurde, de- syreing the process of his deprivation led be the Presbytrie of St Andrews to be produced, seen, and considerit be the Assemblie, the Assemblie ordaynes the Presbytrie of St Andrews to produce the said proces at the next Generall Assemblie, and there to answer to the said Mr John his complaint given in against them. Certaine Petitiones given in be the Ministrie presently con- veint to the King's Majestic. 1. It is humbly cravit be this present Assembly, that your Ma- 448 BOOKE OF THE UNIVERSALL [1597. jestie, with advyce of the Estates presently conveint, considering how it hes pleased God to giue ane good successe to this present Conventione, and that all things concludit herein tends to the peace and quietness of the haill Estate of this countrie, and the disap- poynting the expectation of the adversaries, will, with advyce for- said, publish be open proclamation the good success of this present Conventione, together with ane declaratione of your Majestie's in- tentione, utterit be yourselfe at this tyme in presence of your Estates, declaring your good will to maintaine the trew religione presently professit within your countrie, with the discipline adjoinit thereunto, and the ministers to whom the charge of the same is committit ; and to declare that your Majestie's will is, that qwhat- soever lawes, act, or proclamatione hes been made, prejudicial! to the same, shall be esteemit contrair to your Majestie's mining, and to have no force nor effect in no tyme hereafter, and that nane of your subjects pretend be any cullour thereof to molest or trouble any of the saids ministers, but that they be under your Majestie's protection, and that ye will esteem the contraveiners, troublers of your Majestie's estate, and punish them accordingly. 2. That all Papists, Jesuites, and Excommunicats remaining with- in this countrie, be chargil to passe off the same betwixt this and the first of May nixt to come, or else to satisfie the Kirk ; and if they doe not the same before the day appoynted, that^' Sheriffs in shyres, Provests and Baillies in townes, be commandit to apprehend and present them before his Majestic and Councill, to be punischit according to the law ; and if they be negligent in apprehending them, that commissione be given to certaine most zealous and will- ing persones to doe the same. 3. That it may please your Majestie, according to your accus- tomed clemency, to relax presently the ministers of Edinburgh from the home, and suffer them peaceablie to returne and remain within this realme; as also to relieve and sett at freedome sic gentlemen and professors of religione as now are under challenge, seeing your Majestie knawes that the love of religione moved them to these things qwherwith they now are burthened. 4. That sieing that Edinburgh hes that honour to be the chief burgh of this countrie, and now are both destitute of their own mi- nisters, and sicklyke callit from tyme to tyme before your Majestie, qwhilk is no small grief to their hearts, in respect your Majestie knawes that the greatest pairt of the haill towne are most willing to 1597.] KIRK OF SCOTLAND. 449 giue 3'our Majestie all obedience, and to hazard lyfe and substance for your Majestie's standing, that it may please your Majestie fa- vourably to deall with them according to your accustomed gentle- ness, that it may appeare your Majestie is more inclynit to shaw favour unto men that meanes uprightlie to your hienes nor to pa- pists, We are moveit to crave the same, that all your subjects may see a generall agriement — That it may please your Majestie, sieing Mr David Black hes obeyit such things as was injoynit unto him, to give him libertie to returne to his flock, and sicklyke to Mr John Welsche and to Mr John Howisone. Because diverse compla3'nt3 of hurting and mutilating of minis- ters are given in before us, namely — We most humbly crave that your Majestie wald take some sub- stantiall order for punisching the offenders in example of all wthers hereafter. That provisione be made for planting of kirks, and that the aug- mentationes and planting of new kirks, made in anno 1595, be al- lowit. Followes his Majestie's Answers to the saids Articles. The first is granted in substance. The 2d is also granted. As to the 3d, concerning the ministers of Edinburgh, they are ordayned to be relaxed upon cautione to be found be them to the Justice Clark, that they shall underly the law. As to the gentlemen for whom the Asserablie makes request, his Majestie thinks good that they, be the mediation of their friends, be suiters for themselves. As to the 4. touching the Towne of Edinburgh, his Majestie will no- wayes trouble innocent men, but such only as are guiltie, and mindes schortlie to be at a poynt with them. Touching the invasion of the ministers, ane commissione is ordaynit to be directit for calling and punisching the offenders. Concerning the last article, his Ma- jestie ordaynes the thesaurer, Mr James Elphingstone, the Clerk Register, Mr John Prestone and Mr Edward Bruce, to take order, alsewell for the planting of kirks as with the augmentationes qwhilks were grantit anno 1595, 450 BOOKE OF THE UNIVERSALL [1597. [SIXTY-SECOND GENERAL ASSEMBLY.] The Generall Assemblie, balden at Bundle the 10 day of May 1597, in the Little Kirk. Sessio l"^ Exhortations being made be Mr Robert Pont, last Moderator, the brethren appoyntit on leets Mrs Nicol Dalgleische, James Melvill, Patrick Simpsone, Patrick Sharpe, Thomas Buchanan, John Por- terfield, Robert RoUock, James Balfoure, David Fargusone, and David Lyndsay : be plurality of votes Mr Robert RoUock was electit Moderator Jiac vice. Sessio 2^. Mr Thomas Nicolsone and John Williamsone, wryter, put in liets for the clarkship, being vaickand be deceise of Mr James Richie ; be pluralitie of votes, Mr Thomas Nicolsone, advocat, wes chosen, sworne, and admittit. Sessio 3^ Alse it was ordaynit, that all the acts of the Assemblie should be formed be discreit and wyse brethren, and to be read in audience of the haill Assemblie before the dissolving of the samen, and there- after to be inbookit and registrat. Sessio 4^ Anent the supplication given in be the Lairds of Wachtoune and Glennagys, desyrand ane command to be given to Mr William Morray, minister at Dysart, to sett in tack and assedatione to them or their tennents the teynds of their awne lands, lyand within the parochine of Dysart, or else for eschewing of farther danger, to re- teine the saids teynds in his awn hand ; The Assemblie ordaynes the said Mr William to reteine the saids teinds in his awne hand, dischargeing of setting the same to any persone whatsumever, under the paines contained in the acts of the Generall Assemblie. Anent the supplicatione given in be the Presbytrie of Dunbar- tone, desyrand, in respect of the fewness of their number, that cer- 1597.] KIRK OF SCOTLAND. 451 taine of the Presbytrie of Paslay might be adjoynit unto them, to the effect they might be the more able to travaill upon the commone affaires, pertaning to the glory of God and weill of the Kirk ; The Asserablie ordaynes a commissione to be direct for visitatione of the haill Presbytries within the bounds of Clidsdale, Ranfrew, and Lennox, with power to them to consider how many Presbytries shall be necessar within the saids bounds, and to sett downe a solide order thereanent. Anent the complaint given in be the Presbytrie of Brechine against Mr Dougald Campbell, minister of Fernwell, for his obsti- nacie in refuseing to pronounce the sentence of excommunicatione against Patrick Butter at command of the said Presbytrie, he being Moderator thereof for the tyme, for the qwhilk they had suspendit him from preaching the word untill this present Assemblie : The Generall Asserablie ratifies and allowes the said suspensione. Sessio 6. May 14. The brethren of the Presbytries of Morray, Aberdeene, and Mearns, with the uther brethren joynit with them in commissione con- junctly, respective appoyntit be the last Generall Assemblie halden at Perth for tryall of the obedience of the Earles of Angus, Huntly, and Erroll, to the particular injunctiones sett downe be the said Assemblie, and injoynit to them for declaration of their repentance, being desyrit be the Generall Assemblie to report what resolutions they fand in the saids Lords touching such articles and conditiones as were sett downe in the said commissione, they being present be- fore ; The haill Assemblie testified and declared, that they fand them obedient and willing to satisfie in all humble manner, and per- severing and continowing in their earnest sute for reconciliation with the Kirk ; and as concerning the saids articles and conditiones, qwherupon the saids commissioners were ordaynit to have tryit and resolvit them, the saids commissioners, every ane of them for their awn pairts respective, producit the saids articles and conditiones, with full answers to every ane of them particularlie subsequent made be the saids Lords, offering to acquiesce to the saids conditiones, and to fulfill the same ; and for mair declaratione of their consents, the saids articles and answers therto particularly following every ane of them were subscry vit severally be the saids Lords, in signe and token of their imbracing thereof — as foUowis : 452 BOOKE OF THE UNIVERSALL [1597» Huntlie his Answers to the Articles. 1. The first is obeyit ; for he compierit at Aberdeen the 22 of March appoyntit to him, and there abode awayting on doctrine and conferrence untill the commissioners were satisfied with his resolu- tione, and so the conferrence endit. 2. The brethren appoyntit to deall with him brought him, after long conferrence, to confess the verity of the haill grounds of reli- gion affirmative, resolvit his doubts be the word of God, and movit him with knawledge to refuse and detest all heads of Papistrie con- trair to the same. 3. He acknowledges the Reformit Kirk of Scotland to be the trew Kirk: he is ready tojoyne himself efaldly therto, acknowledging himself ane member thereof, submitting himself to the same ; will hear the word of God, and obey the same be the grace of God ; participat the sacraments, and obey the haill discipline of the Kirk, as it is allowit be the King's Majestic and Estates. 4. He is readie to swear and subscryve the Confessione of the Faith in presence of the haill commissioners so soon as they shall come back, with power to pronounce his absolutione. 5. In significatione of his obedience to this article, he lies declarit to the haill commissioners, that sen he enterit in dealing v/ith the Kirk he never intercommunit be word nor wryte with any Jesuite, Priest, or excommunicat Papists, except so many as are under con- ferrence with the Kirk, and is content to abyde thereat in all tymes comeing : sicklyke he is content to giue his written band that he shall banishe out of his companj' and bounds all Jesuites and Semi- narie Priests, and shall expell tlierefrom all excommunicat Papists, except such as shall have licence from the Kirk and King's Majes- tic ; and, finally, that nane shall haue receipt be his knowledge, in the places of his commandment, that are profest enemies to the re- ligione. 6. He is content, now or hereafter, to satisfie for his apostacie, in the place appoyntit, at the discretion of the saids commissioners, and then to ratifie the foresaid promise. 7. He declares his unfeigned grief for the slauchter of the Earle of Morray, and will satisfie the partie at the sight of the King's Ma- jestic, the Kirk, or of godly and indifferent friends will make offers to that effect; lykeas he hath given ane blank to his Majestic to be filled up with particular assythments, and that after his absolutione. 1597.] KIRK OF SCOTLAND. 453 8. He promises, now or hereafter, to crave of God mercy for the said slauchter, when, where, or how the Kirk's commissioners shall appoynt. 9. At the desyre of the saids commissioners, he presently remitts all rancour and malice conceaved be him for any occasione or died offerit to him be the countrie men in the King's service, and pro- mitts upon his fidelitie, never to quarrell any for the same that are within their bounds, and speciallie nane of the ministrie either north or south. 10. He agrees that at the sight of the ministers Mrs David Cun- ninghame, Alexander Dowglass, George Gladstanes, and of his friends Pitlurge, Cluny, shall sett doune ane order for provisione of his kirks, and qwhilk he promises to execute immediatlie after his absolutione. 1 1. Be the advyce of the saids commissioners, he promitts to take ane minister, and to intertain him in his awne house. 12. He confesses that be his publick offences he gave sufficient matter to the Kirk to have deducit the sentence of excommunica- tion against him. — Sic subscribitur, HUNTLIE. The Earle of Erroll's Answers to the Articles. 1. The first is obey it ; for he haveing sufficiently excusit his ab- sence fra the first dyet, the 27th of March, came to Aberdeen the 5th of Apryle where the Commissioners appoynted him to resort to Aberdeene, about the 20th day of Apryle, to have conferrence with such as they appoyntit of their number, to meit him there, qwhilk he did, coming in the towne the 20th day of Apryle, and there abode, resorting to publick doctrine and conferrence till the Commissioners were satisfied with his resolutione ; and so the con- ferrence was endit. 2. The brethren appoyntit to deal with him brought him, after long reasoning, to confesse the verity and haill grounds of religion, affirmative, resolvit his doubts be the word of God, and ancient doctors, and movit him, with knawledge, to refuse all heads of error in Papistrie, contrare to the same. 3. He acknowledges the Reformit Kirk of Scotland to be the trew Kirkc He is ready to joyn himself thereto, and profess him- self a member thereof, — will hear the word, — obey the same, be the grace of God, — participat the sacraments, and obey the haill 454 BOOKE OF THE UNIVERSALL [1597. discipline of the Kirk, as it is acknowledgeit presently be his Ma- jestie and Estates. 4. He solemnly promises and offers his written bond, that, lyke as sen his promise and entering his conferrence with the Kirk, he never intercommunit with Jesuit, Priest, or excoramunicat persone, except with such as shall have licence of the Kirk and King's Ma- jestic ; and, finallie, nane shall have receipt in his hands that are profest enemies to the Kirk, be his knowledge. 5. He is ready to swear and subscryve the Confession of Faith, in presence of the haill Commissioners, so soone as they shall come back from the next Generall Assemblie, with power to pro- nounce his absolutione. 6. He is content to satisfie for his apostacie in the place appoyntit, and there to ratifie the forsaids promises. 7. At the desyre of the saids Commissioners he presently remitts all rancour and malice, conceivit be him for any occasione or deid offerit to him be the countreymen in the King's service, and pro- mitts upon his fidelitie, never to quarrell any for the same — special- lie the ministrie, south or north. 8. He agries that such of the ministrie as shall be appoynted, with such friends as he shall appoynt, sett downe qwhat shall be his part for planting of the Kirks within his bounds, whilk he promises to execute, after his absolutione. 9. Be the advyce of the Commissioners, he is content to take a minister, and intertain him in his owne house. 10. He professes he gave sufficient matter to the Kirk to have deducit the sentence of excommunication against him. — Sic suh- scribituTf Erroll. The Earl of Angus' Answers to the Articles. 1. He being callit before us, was injoynit to remaine at Barrak, in the parish of Kineff, and there await upon the hearing of the doc- trine in that his paroehe Kirk, and upon conferrence at such tymes and places as was appoynted in Canveth, Aberbuthnot, qwhilks he hes faithfully keepit and observit until this his resolution was ob- tenit. 2. After we had reasoned and conferrit with him in many of the controverted heads of religione be the Scriptures and ancient doc- tors, he satisfied us affirmative and negative. 1597.] KIRK OF SCOTLAND. 455 3. He acknowledges the Kirk of Scotland to be the trew Kirk, and is ready to joyne himself therto, and to profess him ane mem- ber thereof, will hear the word, participat the sacraments, and obey the haill discipline of the Kirk, as it is allowed be his Majestie and the Estates. 4. He solemnly promises, be word and written band, to remove furth of his company and lands, Jesuites and excommunicat per- sons, lykeas he has done since the Commissioners intimat this ar- ticle to him. 5. He desyres the Commissioners to get power to absolve him, and immediately thereafter, he shall swear and subscryve the Con- fession of Faith. 6. He is content to satisfie for his apostacie in his own paroche kirk, and there to ratifie the forsaids promises. 7. He understands nane of the countrie to have incurrit his wrath or deadly feud for persewing him in his Majestie's service, qwhilk he protests before God, that he never meant to harme any man for giving obedience to his Majestie's lawes, qwhilk if he had done, he should rather have made mends then forgiven, and if any, in particular will complaine, he will satisfie this article, albeit, in very truth, as all the countrie knawes, he hes sustenit great loss, qwhilk he hes the Kirk to meine, in most humble manner to his Majestie, as the Commissioners will declare at mare lenth. 8. He is content, at the sicht of the Commissioners, and his best advysit freinds, to provyde stipends for his kirks, how soon he shall be absolvit and restorit to his living. 9. He will maist willinglie take a minister and intertaine him in his awn house, be the advyce of the Commissioners. 10. He confest he most justly deservit to be excommunicat. — Sic subscribitur, Angus. The qwhilk report made be the saids Commissioners, in dis- charging of their forsaid commissione, the Generall Assembly, pre- sently conveint, ratifies and allowes, as agreeable and answerable to the ordinance of the last Assembly, halden at Perth, in all poynts ; and therefore ordayns the saids Commissioners, respective, to pro- ceed farther with the saids Earles in the said matter, and to re- ceive ane full satisfactione of such things as are promised be them, in the saids conditiones, and to crave the present accomplishment 456 BOOKE OF THE UNIVERSALL [1597- thereof, so far as possible can" be done ; They are to say, that as they, in their answer, hes allowit and subscryvit, so that they pre- sently shall confesse the verity of the haill grounds of our religione, affirmative, and with some measure of knawledge, refuse and de- test all heads of Papistrie, contrarie to the same : That they ac- knowledge the Reformit Kirk of Scotland to be the trew Kirk ; — That they efaldlie joyne themselves, and acknowledge them, members thereof, submitting them to the same, and shall be ready at all occasiones to hear the word, and obey the same, participat the sacraments, and obey the haill discipline of the Kirk, as is al- lowed be his Majestic and Estates. That before their absolutione, they swear solemnly and subscryve the Confession of the Faith, in presence of the haill Commissioners ; that, as they have testified by their wreite, even so be their band they promise to remove out of their company, in all tyme coming, all Jesuites, Priests, excommunicat Papists, but such as shall be licentiat be the Kirk ; That the tyme of their absolutione, they sa- tistie in most humble manner in the kirks of Aberdeen and for their former apostacie, and there ratifie their former promises in most solemne manner ; That the Earle of Huntlie, before his absolutione, ask God mercy for the Earle of Moray's slauchter, and declare his penitencie for the same ; and because their lordships hes promised upon their fidelitie, never to quarrell any gentlemen of the countrie, that hes persewit or wtherwayes troublit them, and thereby incurrit their wrath in his Majestie's service, and at his Heines' command. Therefore, to the effect the fruits thereof may evidently appear, that their lordships promise faithfully, lykeas their sonnes hes obtained, or at the least are to obtaine of his Ma- jestie, of free grace and meer donatione, the gift of their forfaultries, even so, the gentlemen of the countrie that are vassalls to them, and hes incurrit the lyke sentence of forfaultor, and perrillit their lands, not through their ovvne evill demerite, but be reasone they were vassals unto them, may receave and obtaine of their lordships, the lyke grace as is imparted unto them be their Sovereigne ; and as his Majestie grantit a benefit unto them, who had offendit, even so, their lordships' vassalls be not troublit for any compositione of their lands, qwhilk, not be their fault, but their lordships' faiHzie, were endangerit and holden in non-entrie, and that their lordships re- new the promise of remitting all rancour and malice of heart against the said gentlemen : And as to the provision of kirks qwhilks per- 1597.] KIRK OF SCOTLAND. 457 taynes to ilk ane of the saids Earles respective, that the advyce of their best affectionat friends and the saids Commissioners sett downe ane solide order, how the ministrie may be plantit, and honestly susteinit at the same, qwhilk they shall ratifie and approve, and put in executione immediately after their absolutione : That be the advyce of the Commissioners, they make choyse of ane minister qwha shall be intertaint in their house for instructing of the same : That they renew the confessione of their sinnes, acknowledging that they were justly excomraunicat for the same. And to the effect all sclander may be removit from the Earle of Huntly, and speciallie the qwhilk did ryse upon the slauchter of Mr William Mure, qwhilk was committit dureing his Lordship remaining in Aberdeen, that his Lordship provide some remeid that the poor woman, mother to the said Mr William, may be satisfyed, and such assythment made, alseweell for him as her husband's slauchter, as the Commissioners shall think expedient, with power to the saids Commissioners, after the accomplishment of the premisses, to ab- solve the saids Earles from the said sentence of excommunicatione, and receave them againe in the bosome of the Kirk, Sess. 7. May 14. Anent the Articles given in be his Majestic in the last Assembly halden at Perth, the decision and answering qwhereof was referrit to the said Asserablie, to be reasonit and intreatit be certaine Com- missioners, and thereafter concludit in this present Assembly, and anent the declaration of certaine acts made in the said Assemblie halden at Perth, for satisfaction of such as were not present at that tyme, nor acquainted therewith : The said Articles and questions being reasonit and votit in face of the haill Assemblie, his Majestic being present for the tyme, these declarationes and conclusiones efter following were sett downe and concludit be the said As- semblie. Notes in forme of Declaratione of certaine of the Acts made in the Generall Assemblie halden at Perth in February last bypast, for explaining of his Majestie's and the Assemblie's meaning, for the satisfaction of such as were not acquainted therewith, Qwhilk are ordainit to be registrat in the Acts of this present Assemblie. First, Anent the lawfullness of the said Assemblie halden at 458 BOOKE OF THE UNIVERSALL [1597. Perth : It is declareit be this present Assemblie, that ane of the reasons moving the brethren to acknawledge the lawfuUness of the said Assemblie was found to have been, that the Commissioners of the Kirk accordit with his Majestie thereanent, as is expressly set downe in his Majestie's letter. Item, The reasone moving the Assemblie to grant the mair willinglie to the two Articles concerning the reproving of his Ma- jestie's laws, was this ; his Majestie's earnest and constant afFectione to the religion and obedience to the word was evidently knawne to the hail! Assemblie, and that it was his Majestie's declaratione, will, and intentione, allwayes to frame his lawes and whole government according to the same, for the qwhilk causes the said Assemblie agreed to the said Article. Anent the Article ordayning that no man's name be expressit in pulpit, except in notorious crymes, &c., the poynt of notorietie is farther defynit, if the cryme be so manifest and knawne to the world that nulla tergiversatione celari possit. Anent the Article ordayning that no conventions of pastors be, without his Majestie's knawledge and consent : His Majestie's con- sent is declarit to be extendit to all and qwhatsumever forme either of Generall Assemblie or speciall Synodall, permittit and authorised be his Heines' lawes, according as they have warrant in the word of God, as being the most authentic forme of consent that any king can give. Anent the Article concernyng provisione of pastores to burroughs: It is declareit that the reasone thereof was and is, that his Majestie was content, and promised, that qwhere the Generall Assemblie finds it necessar to place any persone or persones in any of the saids townes, his Majestie and the flock shall either give their consent thereto, or else a sufficient reasone of the refusall, to be proponit either to the haill Assembly, or to a competent number of the Commissioners thereof, as his Majestie shall think expedient. Answers to the rest of his Majestie's Questiones, according as they were proponit of his Heines and Commissioners in the present Assemblie. First, Anent the propositione movit be his Majestie to the As- semblie, craving that before the conclusione of any weightie mat- ters, his Majestie's advyce and approbatione [be] cravit therto, that the same being approvit be his Majestie, may have the better execu- 1597.] KIRK OF SCOTLAND. 459 tione, and, if neid beis, be authorized be his Heines' lawes : The Assemblie craves most humbly, that his Majestie, either be himselfe or his Heines' Commissioners, in matters concernyng his Majestie's estate, or the haill estate of his subjects, and uthers of great weight and importance, that hes not been treatit of before, wold give his advyce and approbatione therto, before any finall conclusione of the same ; and, for the better obedience to be given to such lyke statutes in tyme comeing, that his Majestie wold ratifie the same, either be act of his Heines' Parliament or Secret Counsell, as shall be thought needfull : the qwhilk his Majestie promised to doe, ac- cording to his Heines' propositione, qwhilk was acceptit and allowit of the haill Assemblie. The Assembly ordaynes that there be ane uniformitie in the or- dinatione of the ministrie throughout the haill countrey, be impo- sitione of hands, and that they be admitted to certaine flocks, upon the qwhilk they shall be astrictit to attend, according to the Acts of the Assemblies made of before, and ordayns that nane that are not admittit to the ministrie be promovit to teach in publick and great rowmes, except upon very urgent necessitie, in defect of ac- tuall ministers, they be ordained to supply such wants be the Pres- bytries, Generall or Provinciall Assemblies, qvvho shall take diligent order that they keep themselves within the bounds of their gift, and speciallie in applicatione. That no pastores exercise any jurisdictione, either in making of constitutiones or leading of proces, without the advyce and con- currence of Sessions, Presbytrie, Provinciall or Generall Assem- blie. That all Sessiones be electit with consent of their awne congre- gationes : that all Sessiones, Presbytries, and Provincialls, use such forme in all their proces as may be found lawfuU, formall, and able to abyde tryall, the qwhilks shall be registrat in matters of import- ance ; and, to that effect, ordaynes the proceedings of private Ses- siones to be sichtit at Presbytries, and the proceedings of Presby- tries at Provinciall Assemblies, and Provinciall Assemblies at the Generall Assemblies. The Assemblie ordaynes, that in the exercises, qwhen the minis- trie are convenit at their Presbytries, no applicatione be used. That in the determinatione of matters of importance, qwhere the votes shall be only different upon two or three, that nothing be concludit therein till better resolutione ; and that, in such differ- 460 BOOKE OF THE ITNIVERSALL [1597. ence, he that sustaines the negative, with his vote shall give ra- tionem negandi. The Assemblie ordaynes the Presbytries to medle with nothing in their judicator qwhilk shall not be found, butt controversie, pro- per to the ecclesiasticall judgement, and that herein ane uniformity- be keepit throughout the haill countrie. That all processes and acts be extractit to parties having interest, qvvher is a written process. The Assemblie superceids to answer the article touching summar excommunication qwhill the next Generall Assemblie, and in the meantyme suspends all summar excomraunicatione ; allwayes, in great crymes, the Assemblie ordaynes ane publick intimatione of the same to be made, and the committer thereof to be suspendit a sacris, and prohibite privato convictu. If any Presbytrie shall be desyrit be his Majestie's missive to stay the proceeding of any thing prejudicial! to the civill jurisdic- tione or private men's rights. It is ordaynit that the said Presby- trie shall desist in the said matter, untill they send to his Majestie for his satisfaction thereanent. Sessio 8. May 16. Because syndriesclanders aryses through the disorder of Readers be baptizing of bairnes gotten in adulterie and fornicatione before satisfactione made be the offendars, and celebrating of unlawfuU marriages ; the Assemblie statutes and ordaynes that no Reider mi- nister the Sacrament of Baptisme in any waj', in all tyme coming, and that they presume not to celebrate the bands of marriage with- out speciall command of the minister of the kirk; and in caice there be no minister thereat, of the Presbytrie, had to that effect ; and ordaynes every Presbytrie to cause this act to be intimat at every paroche kirk, that nane pretend ignorance heirof in tyme coming. Sessio 9. May 16. ■ The qwhilk day, in presence of the haill Assemblie, the King's Majestie being personallie present, declareit, that sieing, through the schortness of tyme, their [are] sundrie matters of weight and importance, not only concerning particular flocks, but qwhilk did in speciall touch the haill Estate and bodie of the Kirk, qwhilk could not commodiouslie be intreated in this present Assemblie — as, namely, touching both the planting of particular congregationes and 1597.] KIRK OF SCOTLAND. 461 of the haill kirks within this realme, qwhilk is yet, tlirough default of honest intertainment, remaines unplanted and destitute of the comfort of the word ; and anent ane solid order to be taken anent a constant and perpetuall provisione for the sustentatione of the haill ministrie within this realme, to the end tliey be not, as in tyme by- gone, to depend and wait upon the commissioners appoyntit for modifying of their stipends, and so be forcit to absent themselves the maist part of the year from their flock, to the great disgrace of their calling, disharting of their congregatione, and discontent- ment of his Majestic, whois care ever hes been, and earnest desyre continows as yet, that every congregatione have ane speciall pastor honestly susteinit, for the better awayting in his cure and discharge- ing of his dewtifuU office in the same ; and therefore his Majestic desyrit the brethren to consider qwhither it were expedient that ane generall commissione sould be grantit to certaine of the most wyse and discreet of the brethren, to conveine with his Majestic for effectuating of the premisses : The qwhilk his Majestie's advyce, the Assemblie thinks very necessar and expedient ; and therefore hes given and grantit, lykeas be the tenor heirof, they give their full power and commission to the brethren underwritten, viz. Mrs Alex'. Dowglas, James Nicolsone, George Gladstone, Thomas Buchanan, Robert Pont, Robert Rollock, David Lyndsay, Patrick Galloway, John Duncanson, Patrick Scharpe, John Porterfield, James Melvill, William Couper, and John Clappertoune, or any seven of them, to convein with his Majestie, betwixt the day of thir presents and the last of May instant, with power to them to take solide order anent the provisione of the ministrie to the townes of Edinburgh and Dundie and St Androis, his Majestie's and the Prince's houses, to give their advyce and judgement to his Majestie anent the planting of every particular kirk within this realme, to make such overture as they can best devyse touching the constant platt, and generally to give their advyce to his Majestie in all affaires concernyng the wiell of the Kirk, and intertainment of peace and obedience to his Majestie within this realme ; with express power and command to the saids commissioners to propone to his Majestie the petitiones and grieves of the Kirk in generall, as of every member thereof in particular, as shall be meint unto them, promitten de rata. Anent the supplicatione given in be Mr John Rutherford, makand mention, that qwhere in the Generall Assemblie halden last at Perth, he gave in ane supplicatione, qwherein he desyrit the proces 2 H 462 BOOKE OF THE UNIVERSALL [1597. of deprivatione led and deducit against him be the Presbytrie of St Androis, to be producit before the said Assemblie, to the efiect the saraen may be tryit, and the proceidings thairof be examinit be them, qwhilk \vas referrit at that tyine to this present Assemblie, ordayning the Presbytrie of St Androis to produce the said proces before this present Assemblie, and to answer to the complaynt given in be the said complainer, desyreing therefore the brethren of the Presbytrie of St Androis to be calllt for productione of the said proces, to the effect the samen might be seen and considerit be this present Assemblie, according to the ordinance made at Perth, a& said is : The Generall Assemblie, in respect of schortness of tyme, remitts the said complainer and his supplicatione to the commission- ers appoyntit to convein with his Majestic at Edinburgh, and or- daynes the Presbytrie of St Androis to produce the said proces before the saids commissioners, and the answer to the said com- plainer's supplicatione in all poynts, — with power to the saids com- missioners, or any seven of them, to take full tryall, cognitione, and finally to conclude in the said matter, promitten de rata. Sess. ultima. May 27. Anent the supplicatione given in be James Wood, appearand of Bonnytoune, makand mention, that according to the direction of the last Assemblie halden at Perth, he had attended upon the com- missioners appoynted be the said Assemblie, and had agried be their conferrence in many heids of religion with them, desyrand therefore, as he is willing to persevere in conferrence with the saids commissioners to his finall resolutione, that a commissione may be granted to the brethren appoyntit to deall with the Earles of Huntlie and ErroU, to continow in conferrence with the said commissioners j and in caice they find him resolvit, to absolve iiim from the sen- tence of excommunicatione, and receive him againe in the bosome of the Kirk : as also that the commissioners of Angus appoynted for the said purpose, may have ane speciall command to intreat with the said complainer's father for appeaseing his wrath towards him, in respect he is content to submitt himself most willingly to his said father, or to the Kirk, for satisfaction of any eyelistis that he or tliey hes found in him in times bypast : The Assemblie gives full power and commission to the brethren for receaving the Earles of Huntlie and Erroll, to enter in a farther conferrence and tryall with James Wood, appearand of Bonytoune ; and in caice of full 1597.] KIRK OF SCOTLAND. 463 satisfactione to be made be him to the saids commissioners in such heads and articles qwherin he hes not as yet satisfyit, the As- semblie gives unto them, power to lowse him from the sentence of excomraunicatione, and receave him again in the bosome of the Kirk. Attoure, the Assemblie ordaynes Mrs George Gladstanes, Andrew Myllne, Andrew Leitche, John Ramsay, and Andrew Larabe, to deall with the Laird of Bonytoune, and travell in the re- conciliatione desyrit and satisfactione offerit be the said coraplainer his Sonne. Anent the supplicatione given in be Mr William Morray, minis- ter at Dysart, makand mention, that qwher he hes livit upon the dewtie of the tack of the personage thir diverse years bygane, being only three hundreth merks, and sustaineth great charges thereupon; and now sieing the saids tacks are outrun, and as he is informit di- vers supplicationes are given be the gentlemen of the said parochine, craving the said complainer to be astricted to sett them tacks of their awne teynds respective, desyrand therefore not to astrict the said complainer to any particular persones, but to give him power to sett tacks to such as shall do most commodiously for the weell of the Kirk : The Assemblie gives power to the said complainer to sett in tack the teinds of the personage of Dysart, except of the lands pertayning to the Lairds of Glenegyes and Wauchtoune, qwhilk are reservit be ane wther act of this present Assemblie, with advyce and consent of the Presbytrie of Kirkaldie and the brethren after following, viz. Mrs Thomas Buchanan, William Cranstoune, James Melvill, Robert Wilkie, David Fargusone, and John Fair- foull, unto the qwhilk the Assemblie reraitts the supplicationes of such as craves tacks of the teinds of the said personage. Anent the Earle of Crawfurd's request, desyrand licence to a per- sone of Inneraritie to sett a tack of the teinds thereof, in caiee it be found be the civill Judge that he hes best right thereto : The Gene- rail Assemblie gives power to the Commissioners appoyntit in Edin- burgh to conveine with his Majestic, to give power to the persone that shall be presentit to sett tacks of the teinds contravertit to either my Lord Crawford or the Laird of Powrie Fotheringhame, that shall be found be the civill magistrate to have best right to the same. Thanks being given to God, the brethren ordaynes the next As- semblie to be halden at Striviling the first Twysday of May, in the year of God 1598. 464 BOOKE OF THE UNIVERSALL [1598. [SIXTY-THIRD GENERAL ASSEMBLY.] The Generall Assemblie of the Kirk of Scotland, halden at Dundie the 7tli of Marche 1598— In the qwhilk were con- venit the King's Majestie and Commissioners from all Schyres and Townes of the Countrey. Sessio l'"^ March 7. Post Meridiem. Exhortatione being made be Mr Robert RoUock, Moderator at the last Assembly, there was appointed upon the leets, Mrs Patrick Simpsone, David Fargusone, Peter Blackburne, James Robertsone, and Alex^ Wilkie ; and, be pluralitie of votes, Mr Peter was electit Moderator hac vice. Sessio 2^ Martii 8. Ante Meridiem. Anent the Commissione given to certaine brethren of the North, for absolving of the Earles of Huntlie, Angus, and ErroU, from tlie sentence of excommunicatione, the Assemblie ordaynes Mr Peter Blackburne, in name of the rest, to give in in write, tlie haill forme of their absolutione, satisfaction, and the Articles injoynit to thera in the last Assembly, to the effect the same may be registrat in the Books of the Assemblie. Sessio 3^ 8 Martii. Post Meridiem. Because there is no compt tane of the Acts of every provincial! Assembly ; therefore it is statute and ordaynit, that, in all tyme comeing, every provinciall Assembly within this realme send the acts of their Synod made sin the Generall Assemblie immediately- preceding with their Commissioners, direct be them to the nixt Generall Assemblie, to the effect the brethren of the Generall As- semblie may take tryall and cognitione, that the proceedings of every particular Synod be done decenter et ordine, and to allow or disallow of them as they shall think meet, and this order to begine at the nixt Generall Assemblie. Item, Because it was meint be some of the brethren, and found fault with, that such as uses to be appoynted Commissioners from the Synodalls to the Generall As- semblie, butt any reasonable causes, refuse to obey and accept their commission, qwherthrough it falls out oftentymes that at the Gene- 1598.] KIRK OF SCOTLAND. 465 rail Assemblies there inlaks Commissioners from Synods : Heirfore it is statute and ordaynit, that every Synod shall chuse out them that shall be thought most meit to come as Commissioners to the Generall Assemblie, qwho shall remaine untill the last day of the As- semblie inclusive ; and to the effect they may pretend no reasonable excuse in the contrair, and specialiie of povertie, therefore it is statute, that in caice the Commissioners that are chosen may not commodiously awayt upon the Assemblie upon their awne expenses, then and in that caice, the rest of the qwhilk number he is chosen shall contribute unto his expenses, according to the abilitie of their livings, under the paine of tynsell of the tenth pairt of their stipend ; qwhilks Commissioners being so furnished be a common contribu- tione as said is, shall repare to the Generall Assemblie, and remaine unto the finall end thereof, under the paine of tynsell of the tenth pairt of his own stipend ; and in caice either the Commissioner or the Brethren of his Synodall, through not obeying every ane, their proces of the premisses respective, incurring the danger of the pe- nalties above rehearsit, and yet refuse to make payment of the saids penalties, viz. of the tent pairt of their stipends, then and in that caice, they shall be suspendit from their calling and functione, ay and qwhile they satisfie the samen. Anent the summons raisit at the instance of the Synodall of Fife against Andrew Arnot, minister of Scotlandwell, cravand the said Andrew, conforme to his promise, to make provisione for the kirk of Auchtermoonsie, one of the kirkes of the said ministrie : The said Andrew Arnot teing callit, compearit and declareit, that he pro- mised to make sufficient provisione to the said kirke, provyding al- wayes he were releivit of the payment of his third, qwhilk he pays presently to Mr Robert Inchaw, qwhilk promise he presently rati- fied, and bound himself to make provisione for the said kirke im- mediately after the dissolving of the Assembly, he being releivit of the payment of his third as said is. Sessio 4". Martii 9- The Commissioners appoyntit in the last Generall Assemblie for planting of the Townes of Edinburgh, Dundie, and Saint Androis, and such uther affaires, as at maire lenth is conteind in the said commissione, and callit to giue ane accompt of such things as had beene done be them be vertew of their commission forsaid» Mr 466 BOOKE OF THE UNIVERSALL [1598, James Nicolsone, in name of the rest, producit a Book, containing ane haill registre of their haill proces and proceedings since the ac- ceptatione of their commission, qwhilk was publickly read in pre- sence and audience of the haill Assemblie ; and because there was some of the brethren tliat thought themselves grievit at certaine of thir proceedings, Therefore it was thought expedient that the brethren after following, sould cognosce upon the saids grieves and commissioners' answers thereto, qwhilk both sould be given in write before them, and thereafter report to the haill Assemblie, what they fand therein ; Tliey are to say, Mrs George Monro, James Dundas, Robert Hovvie, Duncan Davidsone, William Dowglass, Androw Milne, Androw Lambe, James Robertsone, William Rynde, Archi- bald MoncreifFe, Alexander Lyndsay, David Fargusone, Robert Wilkie, William Cranstoune, David Spence, John Knox, Gavin Hamilton, John Hall, John Spotswood, Patrick Simpsone, Robert Darioch, Harie Lewingstone, David Barclay, Hew FuUartone, and John Welsh. Grieves to be proponit to his Majestie. 1. To craue of his Majestie ane reliefs of this present taxatione to such of the ministrie as possesses small benefices within three hundreth marks, seeing they are not able to be sustenit upon the same. 2. To craue, in generall for the haill ministrie, that they be not troublit with the taxationes in no tyme coming, but that the offi- cers that ingathers the same, charge the taxmen immediatelie qwho are bound to relieve the ministrie of their taxatione, because so long as the Commissioners charges their taksmen, not only it averts them from their calling, but also breeds a grudge betwixt them and their parochiners. 3. To craue a redress of the buriall, that ane act of Parliament may be made, discharging burialls in the kirks. 4. To craue ane redress anent adulterous marriages qwher two persones, both divorcit for adulterie committit either with uther, craues the benefite of the Kirk to be joynit in marriage. 5. To craue his Majestie, what order shall be tane anent the relaxationc of such murtherers from excommunicatione as are al- ready relaxit from the home, and yet hes not satisfyit the partie, qwhilk is a token of no penitence. 1598.] KIRK OF SCOTLAND. 467 6. To advyse with his Majestie of the carving of profest witches from towne to towne, to try witchcraft in wthers, be lawfull and ordinar tryall of witchcraft or not. 7. Anent laik patronages, to lament unto his Majestie the great abuse qwhilk the late act of Parliament hes brocht in, giving licence to the patrone to possesse the fruites of the benefice, in caice he present ane qwalified man, and the same be not admitted be the Kirk, under cuUour qwherof they use to present ane qualified man to the presbytrie, and hes him sworne to sett back ane tack of the fruits of the benefices to the patrone, qwheron, albeit the persone presentit be qualified, yet the Kirk cannot admitt him, in respect to the impedimen forsaid, qwherthrough both the patrone uplifts the fruits of the benefice, and the Kirk lys destitute ; therefore to crave redress. Sess. 5. Martii 9, [Post Meridiem.] Anent the grieves given in to his Majestie before noon, his Ma- jestie being present gave his answer as follows : — To the first and second, his Majestie desyred the Commissioners to be deput from this Assemblie, to give in ane supplication to the Councill, anent the same, qwhereunto his Majestie should hold hand, and in the meantyme promised to cause stay all farther exe- cutione against such of the ministrie as were at the Assembly pre- sently, qwhill the 15th of Apryle nixt to come. Anent burialls ; his Majestie thought good that ane supplica- tione should be given in to the next Parliament, craving tliat for the avoyding of burialls in Kirks, every nobleman sould bigg ane sepulture for himselfe and his familie. Anent adulterous marriages ; his Majestie thought good that ane supplicatione should be given in to the next Parliament, craving such marriages to be declairit null in all tyme coming, and the bairnes gotten therein, bastards. Anent murtherers ; his Majestie declared, when any murtherer is relaxit from the home, upon cautione to underly the law, that he is not, therefore, simpliciter relaxit, but to ane day to byde tryall of his fault, and therefore thinks that the Kirk may continow in their censures against such ane persone, and deny him any benefite of the Kirk, untill they see evident tokens of repentance in him, the par- tie satisfyed, and thereupon ane remission attayned. 468 BOOKE OF THE UNIVERSALE [1598. Anent tryall of witchcraft, his Majestie declarit, that, be ane act of the last Parliament, it is remittit to certaine of his Heines' Coun- cill, certaine ministers and advocats, to conclude upon all solide or- der anent tryall of witches, and to advyse whether the forsaid car- rying of witches is permissive or not: touching the qwhilk, the As- semblie ordaynit Mrs Patrick Galloway and John Duncansone to hold his Majestie in remembrance. Anent the abuse in laick patronages, his Majestie thocht good lykewayes that ane supplicatione sould be given in to the next Par- liament for redress thereof. Because it was reportit in the Assemblie, that albeit sundry per- sones war convict of witchcraft, nevertheless, the civill magistrate refusit not only to punische them, conforme to the lawes of the coun- try, but also, in contempt of the same, setts the persones at liberty, qwhilks were convict of witchcraft ; — therefore the Assemblie or- daynes that, in all tyme coming, the presbytrie proceed in all se- veritie with their censures against such magistrats as shall sett at liberty any persone or persones convict of witchcraft hereafter. Item, Because diverse persones, with ane preposterous haist, pro- ceed to the bond of matrimonie, without any lawfull proclamation of their bands, qwherthrough the ordinances of the Kirk are highly contemnit ; Therefore it is statute and ordaynit, that no persones be coupled together in marriage, without they be thryce lawfully proclaimed at their awne paroche kirk, according to the consuetude observit within the realme ; and in caice of contraveining the same, that the minister be depryvit of his office, and the parties ordayned to satisfie the Kirk, be publick repentance. Anent burialls : It is ordaynit that no picturs or images be carried about in burialls, under the paine of the censures of the Kirk. Item, Because it was regraitit, that certain of the ministrie being beneficit persones, hes sett tacks and assedationes of the fruits of their benefice, and thereafter hes obtaynit licence of transportatione from their kirks, so that the same, be reasone of the tacks sett be them, remaines continuallie unplantit, for laick of pro- visione; Therefore, it is statute and ordaynit that, in tyme coming, no minister get licence of transportatione from his kirk, before it be tryit that he hes not hurt the benefice from the qwhilk he craves to be transportit, be setting tacks of the fruits of the same ; and if the 1598.] KIRK OF SCOTLAND. 469 tacks that were sett before his entrie to the said benefice, expyrit in his tyrae, that he hes renewed no old tack, butt consent of the Generall Assemblie. Item, Because for laick of moyen, sundrie of the ministrie hes not as yet obtainit designatioune of their manses and gleibs, Therefore it is ordaynit that every minister, qwhilk is not yet possessit with his manse and gleib, obtaine possession of the same, betwixt and the next Assemblie; and in caice the persones in qwhois favours the designatioune is grantit, be not able, through povertie, to await upon the law for obtaining possessione of the same, that the rest of the brethren of his Presbytry concurr and help him with expenses for obtayning of the same. Sess. 6^ Martii 10. Ante Meridiem. Anent the proceeding of the Commissioners appoyntit in the last Generall Assemblie, qwhilk they did anent theexarainationeofthe de- positione of Mr John Rutherford, and the planting of the ministrie of St Androis: the Assemblie ratifies, approves, and allows their pro- ceedings therein. And farder, for reasonable causes moving them, ordaynes Mr Robert Wallace to be relaxit from the suspensione from his ministry, pronuncit in their decreit against him, be satis- fyand my Lord of Memuor, be the advyce of Mrs David Lyndsay, Robert Bruce, and Robert RoUock, to the effect he may be placit to serve in such partes qwher the Kirk shall think his travells to be best imployit. And as concernyng Mr John Rutherfurd's proces, and the rest of the thinges done in St Androis be the saids Com- missioners, Mrs David Black, John Carraichaell, Robert Durie, Alexander Forsyth, and the rest of the brethren of the Presbytrie of St Androis that were there present, after reasonyng of such things qwherof they had not been of before resolvit, declareit them- selves satisfyit therein. Because it was reportit be the Commission of the Generall As- semblie, that the constant platt for planting every particular kirk, be the tacksmen who hes the haill teinds in their hands, and re- fuseth to condescend to any substantiall order 9,nent the planting of the ministrie, without some securitie were made unto them anent the remanent of their teinds ; Therefore, the Assemblie thocht good to consider qwhat be the conditiones cravit be their tacksmen, in caice of augmentatione of the dewtie of their tacks for sustentatione of the ministrie : To the qwhilk it was answerit be the Visitors of 470 BOOKE OF THE UNIVERSALL [1598. Morray and Aberdeene, that the taxmen desyrit ane perpetuitie of their tacks, be renewing thereof at Iheir outruning, butt gressume. The lyke ofFerit Angus, Clydsdale; Gallaway, Fyfe, and Lavvthiane, wald make no offer ; upon conslderatione qwhereof, the brethren desyrit his Majestie that ane law might be made anent the augmen- tation of the dewties of the tacks for sustentatione of the ministrie, To the qwhilk his Majestie ofFerit willingly to deall with the tacks- men in such sorte that they should be forced to augment the dewtie of their tacks to ane reasonable and competent living for ane minister at every kirke, upon condition they had some reasonable ease of their teinds ; and for effectuating thereof, the Assemblie ordaynes every minister to give in ane particular overture in wryte to the Commissioners quvvhilk shall be appoyntit be the General! Assem- blie, quhat is the just valour of the teinds of his paroche, to quham they are sett, for quhat dewtie, to quham the deutie is payit, and quhat better every ane can give for planting of his awne kirk, to the effect his Majestie, with advyce of the saids Commissioners, may take ane solide order anent the sufficient planting of every par- ticular kirk betwixt and the nixt Generall Assemblie. Sess. 7. Martii 10. The brethren appoynted to try the proceedings of the Commis- sioners of the last Assemblie, and the grieves given in against the same, with the Commissioners' answers thereto, declairit that they had considerit the haill grieves given in be the Synodall of Law- thiane, and the Commissioners' answers made to the same, and that they thought it expedient, so that it were the will of the Assemblie, that the saids grieves and answers sould be buried; — nottheless, the Assemblie, for the satisfaction of the haill breither, thocht good, that the saids grieves and answers sould be read in audience of the haill Assemblie; qwhilk being done, after voteing, it was conclud- ed that the proces and proceedings of the saids Commissioners sould be ratified in that part, and the grieves and answers buried and obliterat, for continuance of peace in the Kirk. Sess. 8. 1 1 Martii. The brethren, after revyseing of the haill proceedings of the Com- missioners of the last Assemblie, ratifies, allowes, and approves the same, and ordaynes the haill grieves given in and answers made thereto, to be buried and put out of memorie. For better execu- 1598.] KIRK OF SCOTLAND. 471 tione of their proceedings, the Generall Assemblie ordaynes Mr Robert Rollock, David Lyndsay, Robert Pont, Patrick Galloway, John Duncan^one, James Nicolsone, Thomas Buchanan, George Gladstones, or any fyve of them, to conveine with his Majestie, to put the decreit of the saids Commissioners, anent the planting of Edinburgh, to farther executione, and place the ministers of Edin- burgh at their particular flockes ; ordayning likewise the ministers of Edinburgh to obey the said decreit, be accepting every ane of them their particular flocks, under the paine of deprivatione of them from their ministry, and in caice of disobedience in their parts, that the saids Commissioners depryve them from their functione of the ministry ; and thereafter, ordaynes the saids Commissioners to plant the kirke of Edinburgh with such of the wysest and most discreet of the brethrene as they shall think most meit, to the glory of God and edificatione of the particular flocks within the toune of Edin- burgh ; and in the meintyme, qwhile the said Commissioners con- vene for performing of the premisses, the brethren ordayns the mi- nisters of Edinburgh to continue in the preaching of the word and ministratione of the sacraments. Sessio 10. Martii 13. Because syndrie of the brethren desyrit to be satisfyit of his Ma- jestie's minde be his awne mouth, towards certaine of the ministrie, in speciall towards the ministrie of Edinburgh, anent qwhatsoever accidents that lies fallen out thir two yeares bygane ; his Majestie, for making his mynde mair clearly to be understood be the haill brethren, declairit himselfe to be content and satisfyed with the mi- nistrie of Edinburgh, and that his Hienes did bear no grudge nor evill will to any of them for any accidents qwhilk lies fallen out in any tyme bygane, and that the same sould never be rememberit be his Majestie in any tyme coming, but that his Hienes and they, : to the qwhilk the ministers of Edinburgh willingly consentit, sould never call any of these acci- dents fallin out in any tyme comeing to remembrance, neither make mention of the same in private speeches or publicke sermones, in any tyme hereafter. The qwhilk day, in presence of the haill Assemblie, the King's Majestie having declarit his advyce anent the necessitieof Commis- sioners, to be appoyntit be the Generall Assemblie, to awayte and concurr with his Majestie for bringing to ane finall end, the lang- 472 BOOKE OF THE UNIVERSALL [1598. some warke of the constant platt for planting of ministers at the burglies within this reahne, in caice any of their places shall hap- pen to vaiek before the next Generall Assemblie, for awayting upon the Parliament, if any shall be, and craving the redress of such things qwherwith the ministers finds themselves grievit, and finally, for redressing of such enormities, and awayting upon such good occasiones as may fall out before the next Generall Assemblie ; de- syring, therefore, that the brethren wald consider the necessitie forsaidj and according to their discretione, qvvhither if it were ex- pedient that ane Commission sould be grantit to certaine of the maist wyse and discreit of the brethren for the causes forsaids: the qvvhilk his Majestie's advice the Assemblie thinks very necessar and expedient, and therefore hes given and grantit, 13'keas, by the tenor heirof, gives and grants, their full power and commission to Messrs Peter Blackburne, James Nicolsone, Andrew Milne, Alex. Doug- lass, John Ramsay, Thomas Buchanane, David Fargusone, William Cranstoune, George Gladstones, Alex'. Lyndsay, Harie Livingstone, Robert Pont, David Lyndsay, Robert RoUock, John Hall, John Clappertoune, John Knox, Gavine Hamiltone, Andrew Knox, and his Majestie's and the Prince's ministers, or any nyne of them, to conveine with his Majestic, at such tyme and place as shall be found expedient ; with power to them, or any nyne of them, to concurr with his Majestic, anent the setting downe and concluding of the solid grounds and fundaments of the constant platt, and qwhat se- curitie shall be made to the tacksmen for the remanent of their teinds ; qwhilks grounds being sett downe be them, they shall make every Presbytrie within this realme privie to the same ; and in caice the saids Presbytries, be their Commissioners or be them- selves, after visitatione of the saids grounds and conclusiones, ratifie and approve the same, with power to the saids Commissioners, or any nyne of them, to conveine thereafter with his Majestie and the said Lords of his Privie Councill, having the power of the Parlia- ment to that effect, and there to put ane finall end and conclusion to the constant platt, and solide planting of every particular Kirke within this realme ; with power, also, to the saids Commissioners, or any nyne of them, to awayt upon the Parliament, if any shall be before tlie nixt Assemblie, and give in the grieves of the samj'n desyrand them to be redrest, and to give their advyce to his Majes- tie for avoyding or eschewing any danger or inconvenient qwhilk may be lyklie to fall out in prejudice of the Kirke ; and lykewisei 1598.] KIRK OF SCOTLAND. 473 in caice his Majestie find him grievit, or crave redresse of any enorraitie done to his Hienes be any of the ministrie, with power to them, or any nyne of them, to sit and cognosce upon the same, qwherein for better informatione of the cry me or fact qwliilk shall happen to be committit, they shall crave the advyce of the most discreit of the Presbytrie qwhere the persone offender dwells, as they shall think expedient, and thereafter proceed in taking tryall of the fact be themselves, and conclude therein as shall be most ex- pedient to the glory of God, and the peace and quyetness of his Kirke within this realnie : And, finallie, with expresse power and command to the saids Commissioners, to propone to his Majestie at their conventiones, the petitiones and grieves, alswell of this Assem- blie in generall, as of every member thereof in particular, as shall be meint unto them, promitten de rata, &c. Anent the forsaid Commission grantit for redress of such things as shall happen his Majestie to be offendit with in the persone of any of the ministrie : his Majestie declairit in presence of the haill As- serablie, that albeit the haill power of cognoscing upon such mat- ters be devolvit in the persones of the Commissioners qwho should concurr with his Heines to that effect, nevertheless, his Majestie's mynde is, no wayes to trouble the Commissioners with any such mat- ters, unless first it be notoriously knawne, that the presbytrie, quhere the offender maks residence, both has gotten knowledge of the fact, and either has altogether neglectit the tryall thereof, or else not satisfy his Majestie with the punischment imponit to the of- fenders be them. Sess. II. 13 Martii. Forsuameikle as the Commissioners of the Generall Asserablie, at the Parliament halden in December last bypast, upon ane earnest zeall quhilk they did alvvayes bear to the will of the Kirk, had given in certaine article to the Lords of Parliament, eoncernying the li- berty of the Kirk, and in speciall had cravit that the ministrie, as representing the trew Kirk of God within thisrealme, and so being the third estate of the realme, might have vote in Parliament ac- cording to the loveable acts and constitutions of before made in Par- liament, in favours of the freedome and libertie of the Holy Kirk, qwhilks their travells and indeavours, proceeding alwayes upon ane godly intentione, they submittit to the censures of this present As- serablie, desyring the brethren to allow or disallow the same, as they 474 BOOKE OF THE UNIVERSALL [1598. should think most expedient, for the glory of God and establisching ofthetrew religione within this realme: Q,wherupon the brethren being ryply advysit, allowit the honest and godly intentione of the Commissioners in craving vote in Pailiament for the ministrey, as conforme and agrieing with sundrie uther Acts of the Assemblies proceeding, in the qwhilks it hes been found expedient that the Kirk sould sute vote in Parliament. Forsuameikle as his Majestic is willing to utter his good inten- tion that he hes ahvayes borne to the establisching of the trew Kirk of God within this realme, declareit, that for the better performance thereof, his Hienes had assistit the Commissioners of the last Assera- blie in craving vote in Parliament in name of the Kirk, qwhilk their sute, albeit in some part, and as it were, in a certain manner, grant- ed be the Lords of Parliament, yet the acceptatione therof, the tbrme and haill circumstances of the persones were reservit to this Generall Assemblie, to be acceptit or refuisit as the Kirk should think expe- dient : And seeing his Majestic had anticipat the appoynted tyme of the Assemblie, and desyrit the brethren to conveine at tliis pre- sent tyme, especially for the causes forsaid ; therefore his Majestic desyrit that the brether wold enter in a particular consideratione of the haill poj'nts of the said act in every particular poynt thereof, and first to reason in publick audience of the haill Assemblie, qwhither it was lawful and expedient, that the ministrie, as repre- senting undoubtedly the Kirk within this realme, should have vote in Parliament or not ? The said question being at lenth reasoned and debaitit in ulram- que partem, in presence of the haill brethrene, and therafter votit, The Generall Assemblie votes, finds, and concludes, that it is ne- cessar and expedient for the well of the Kirk, that the Ministry, as third Estate of this realme, in name of the Kirk, have vote in Par- liament. Sess. 12. Martii 14. Concerning the number of the ministry that should have vote in Parliament in name of the Kirk, it was lykewise concludit and thought expedient, that alse many of them sould be chosen for the vote in Pailiament as was wont of old, in the tyme of the Papisti- call Kirk, to be Bischops, Abbots, and Priors, that had the lyke libertie, viz. to the number of fyftie and ane, or thereby. Item, After reasoning, it was votit and concludit that the elec- 1598.] KIRK OF SCOTLAND. 475 tion of such of the ministrie as should have vote in Parliament aucht to be of ane mixt qualitie, and appertayne pairtly to his Ma- jestie, and pairtly to the Kirk ; and because, throw shortness of tyme, the brethren could not be perfectly resolvit in the remanent heads and circumstances concernyng the office of him that should have vote in Parliament, viz. de modo eligendi, of his rent, of the continuance of his office, qwhither he should be chosen ad pcenam or not, of his name, of the cautiones for the preservation of him from corruptione, and such uther circumstances ; Therefore, the Assemblie ordaynes every Presbytrie to be ryply and throwghly advysit with the particular heads above written, and thereafter to convocat their Synodall Assemblies through the haill countrey upon ane day, qwlylk shall be the first Tuesday of Junii nixt to come, and there, after new reasoning and advysement with the particular heads above written, that every Synodall choose out three of the wysest of their number, qwho shall be ready upon his Majestie's advertisement, qwhilk shall be upon ane moneth's warning at the leist, to convein with his Majestic, together with Doctors of the Universities, viz. Mrs Andrew Melvill, John Johnstone, Robert Rollock, Patrick Chaip, Robert Harvie, Robert Wilkie, and James Martine, such day and place as his Majestic shall think expedient ; with power to them to treat and reasone and conferre upon the saids heads and uthers appertayning therto, and in caice of agree- ment and uniformitie of opinions, to vote and conclude the haill questione concernyng vote in Parliament ; utherwayes, in caice of discrepance and variance, to referr the conclusions thereof to the nixt Generall Assemblie. For better observing of the Presbytries, It is statute and or- daynit, that every Presbytrie shall assemble themselves ance orderly, ilk week in their full number, at the leist so many of them as hes their residence within aucht myles to the place of the ordinarie convenJione of the Presbytrie: That every member of the Pres- bytrie study the text qwherupon the exercise is to be made : That ane common head of religion be intreatit every moneth in ilk Pres- bytrie, both by way of discourse and disputatione : That every pastor have ane weekly exercise of instructione and examinatione of ane pairt of his congregatione in the Catechisme ; Qwhilk haill heads are ordained to be observed under the paine of incurring the censures of the Kirk. 476 BOOKE OF THE UNIVERSALL [1598. Sess. ultima. 14 Martii, Post Meridiem. The brethren having read and considerit the paines and travells taken be Mr Patrick Scharp, Principall of the Colledge of Glasgow, and his Lessones upon the Catechisme and grounds of religione, allowes of the same, and thinks them very necessar and profitable ; and therefore ordaynes them to be printed. Anent the protestation given in. be Mr John Davidsone, for him- self and in name of certaine uther brethren as he alleadgit, protest- ing that this Assemblie was not ane frie Assemblie, qwhilk his pro- testatione he des3'rit to be insert in the i3ooks of the Assemblie: It being inquyrit if any man wald adhere to the said protesta- tione, there was nane found that wald adhere to the snmen, nor was of the said Mr John's opinion thereanent ; and therefore the brethren dischargit the Clerk to insert the same in the Books of the Assem- blie. Because the questione anent summar excommunicatione, for lake of tyme, cannot be commodiously intreatit at this present, therefore the breihren continows the same to nixt Assemblie: in the raein- tyme suspends all summar executione. Because there hes no order [been] sett dovvne hitherto anent the number of Commissioners to be direct from every Presbytrie to the Generall Assemblie, Therefore it is statute and ordaynit that in all tyme coming, three of the wysest and gravest of the brethren shall be direct from everj'^ Presbytrie at the maist, as Commissioners to every Assemblie, and that nane presume to come butt commission, except they have ane speciall complaint, and that the Clark of the Assemblie take heed to receave no mair in commission but three alanarlie, as said is; and lykewayes that ane be direct from every Presbytrie in name of Barrones, and ane out of every Burgh ex- cept Edinburgh, qwhilk shall have power to direct two Commis- sioners to the Generall Assemblie. Anent the supplicatione given in be the Towne of Dundie, crav- ing ane uther minister to be appoyntit unto them in place of Wil- liam Chrystisone, who through age is not able to discharge his call- ing: The brethren thought their desyre reasonable; and having appoyntit on the leets Mr John Hall, minister at Leith, and Mr Robert Howie, Principall of the New Colledge of Aberdeen, be pluralitie of votes, Mr Robert Howie was chosen to be minister of Dundie, and ordainit to be transportit with all possible diligence. IGOO.] KIRK OF SCOTLAND. 477 Because it was reportit that the ministrey of Orknay had dilapi- dat their benefices be selling of tacks of the rent of the same, to the great hurt and prejudice of the kirks, Therefore it is statute and ordaynit, that nane of the rainistrie of Orknay or Zetland sett any tacks of any pairt of the fruits of their benefices, nor yet give their consent to the tacks that shall be sett be wthers, in ony tyme com- ing, under the paine of deprivatione. Because it was reportit be certaine of the brethrene that notwith- standing of the acts of the Assemblies proceeding against saillors, and traffiquers with Spaine, the said traffique was not indmittit, Therefore the Assembly ordaines the acts made anent the said traf- fiquers to be put in farther executione in all poynts, butt any re- spect of persons. The Assemblie hes ordained the Presbytries of Dundee and Ar- broth to summond before them the Countess of Huntlie, Sutherland, and Caithness, to subscryve the Confessione of Faith, under the paine of excommunicatione, qwhilks summonds shall be execute be Mrs William Paipe,qwho shall summond the Ladie Caithness — Alex- ander Douglass, the Ladie Huntly — and George Munro, the Ladie Sutherland. The brethren ordaynes the next Generall Assemblie to be halden at Aberdeen, the first Twesday of July 1599- [SIXTY-FOURTH GENERAL ASSEMBLY.] The Generall Assemblie of the Kirk of Scotland, halden at Montrose, the ISth of March 1600, where the King's Ma- jestic being personally present, were conveint the Commis- sioners of Schyres. Sessio 1"'\ March 18, 1600, ante merid. Exhortatione being made be Mr Peter Blackburne, Moderator of the last Assemblie, Mrs Robert Bruce, Patrick Galloway, Robert Wilkie, Peter Scharpe, James Melvill, and Patrick Simpsone, were appoyntit on the leets : Be pluralitie of votes Mr Robert Wilkie was electit Moderator hac vice. 2 I 478 BOOKE OF THE UNIVERSALL [UJOO. Sessio 2*. March 18, post merid. The Commissioners appoyntit in the last Generall Assemblie for visitatioiie of the Ivirks within every presbytrie, as are particularly divided in the said commission, being requyrit what diligence they had done in discliarge of the said Commission ; It was answerit for the maist pairt of tlieni, that they were not able to discharge any pairt of the said Commission, in respect they wantit moyen for to make their expences dui'eing the tyme of tlie visitatione, and there- fore the Assembly thocht good that it should be meint to his Ma- jestic that through inlake of expences the wark of visitatione was lyke to cease, and to crave some remeid thereto. Forswameikle as it was regraitit that the act made in the last Assemblie, anent the ordinare keeping of Presbytries, and the resorting thereto, was not regarded be sundrie of the ministrie, and speciallie be them of the presbytries of Irvine and Aire, Therefore the Generall Assemblie ordaynes the said act to be put in execu- tione, in all poynts, througliout all presbytries witliin this realme ; and whosoever contemns and violats the same, after twyse admoni- tion, that he shall be suspendit from his mini^trie — ordayning the visitors that shall be appoyntit frae this Assemblie to report to the nixt Assemblie what diligence they find done, touching the keeping of the same. Sess. 3\ Martii 19. Anent the supplicatione given in be the Synodall of Galloway, making mention that qwher they had ane act for erecting and big- ging of ane kirk at the burgh of Stranrawer, within the Presbytrie of Wigtoune, and annexatione thereto of the 20 pound land of tlie parochine of Inche, lyand toward the cost of Irleand, pertayning to the Lairds of Garthland, Stranrawer, Kinlult and Sorby, with the 29 mark land of the parochine of Salsett, tlie five mark land of Auchteraire, and five merk land of Stranrawer, as being most com- modious for the inhabitants of the saids lands to lesorte to the said kirk for hearing of the word ; unto the qwhilk erection and annex- ation foresaids, the lieretors and kyndlie tennents of the foresaids lands lies already given their consent, desyrand, therefore, that the Generall Assemblie will ratifie and approve the same, as at mair lenth is containit in the said supplicatione : The Generall Assem- 1(J00.] KIRK OF SCOTLAND. 479 blie ratifies and approves the erecting and annexatione foresaid, made be the Synodall of Galloway in all poynts. Because the generall questione was proponit to the haill Assem- blie, qwhere congrpgationesare so spacious, that a great pairt there- of may not conunodiously resort to their awne paroche kirk, be reasone of the great distance of habitation therefrae, — If it be law- full to ane number of the said congregatione to big ane new kirk, and intertaine ane pastor at the same tyme upon their awn ex- penses? The Generall Assemblie, after long reasonyng, thinks it both law full and expedient, and declares they will assist the same as ane godly work, and will crave the samen to be ratified in Parlia- ment, how so oft it shall occurre. Because it was reportit that a great number of gentlemen and wtliers of this realme willfully and obstinatly abstaines from the holy communion, some under cullour of deedly feud, and some for wthers light causes: Therefore, for renieid of the said abuse, it is statute and ordaynit, that all presbytries within this realme give expresse charge and command to every particular minister within their bounds, charging them to take up the names of all them with- in their |)arochine, qwho hes not communicat ilk year ance at the leist, and thereafter summond them to compeir before the presby- trie, to hear and sie themselves decernit to communicat within three rnoneths next after the charge ; certifying them and they failzie, the act of convention made against non-communicants shall be put to pxecutione against them ; qwhilk being done, and the saids per- sones, non-communicants, remaining obstinat, and the saids three rnoneths expyrit, that the presbytries delaite the names of the non- communicants to the King's Majestie, to the intent the forsaid act of conventione made against non-communicants may be put to exe- cutione against them ; and in the parochines qwhere there is no mi- nister, that this order be supplied be the presbytry within the qwhilk the said paroche lyes. Forsuameikleas it was lamentit in the King's Majestie's presence, that qvvhereas syndrie of the ministry were occupied in their laud- able calling in pursuing of malefactors, such as adulterers, murther- ers, and uthers sclanderous persons, urging them to purge the sclanders committit be them, conforme to the statuts of the Kirk, dayly observit within this realme, that at such tymes they were drawn from their callings and charge, to compeir before the Secret Councill, be letters privilie obtenit upon false narratives be the saids 480 BOOKE OF THE UNIVERSALL [1600, sclanderous persons, qwherby not only were they distractit from their lavvfuU functiones, but also the discipline of the Kirk and punischment of the vyce, greatly neglectit and continuit ; therefore the brethren of the Asseniblie requests his Majestic not to suffer such contempt of the discipline of the Kirk qwher be the brydle wald be lowsit to all impietie and licentious living : To the qvvhilk his Majestie promisit that, in tyme coming, no letters sould be direct from the Secret Councill, at the instance of any persone againes any minister in particular, or any presbytrie in generall, for qvvhatsoever thing he or they shall doe, in the executione of his or their offices, before the persone requyrer of the saids letters produce aiie testimoniall under the forme of instrument de deneyatajustitia of the minister or presbytrie judge ordinar. Sessio 4^ Martii 19, Post Meridiem. The brethren appoyntit to awayte upon the King's Majestie for advysing upon such Articles as should be cravit of the next Con- ventione for taking order with Jesuits, Papists, Seminarie Priests, hes, with the King's Majestie's awne advyce, formed the Articles underwritten, to be given in to the next Conventione: 1. That all Jesuites, Seminarie Priests, excommunicat and traf- fiquing Papists, that shall happen in any tyme coming to returne within the countrey, or that are presently within thecountrey, shall, immediately after their dilatione to his Majestie, be apprehendit and put in ward, there to be detinit ay and qvvhill they be convertit to the religion, or else punischit according to the acts of parliament, or else removit off the countrie. 2. That the resetters of obstinat excommunicat Papists and their chief friends and acquaintance quhois house they haunt, be chargit to find cautione, under a pecuniall pain according to their abilitie and rank, that they shall no wayes resett nor intertaine the saids excommunicats. 3. That all excommunicat Papists be chargit to satisfy the Kirk within the space of thrie moneths, under the payne of hornyng, and if they failgie, to be denuncit therto, that their escheits and lyfe- rents, in caice of year and dayes rebellion, may be intromittit with be his Majestie's Thesaurer, and not disponit to any donators. 4. That the Marquess of Huntlie be chargit to exiiibit and pre- sent before his Majestie and Secret Councill, John Gordoune of Newtoune, Patrick Butter, and Mr Alex'. Leslie, according to his 1600.] KIRK OF SCOTLAND. 481 band, that they may be committit to ward ay and whill they satisfy the Kirk. Bonytowne, younger, alleadgit resident within the Presbytries of EUone, Aberdeene, and Brechine, is ordaint be the Generall Assem- blie to be conveint before the Presbytrie of Brechine, and there to offer his satisfaction as to his Judges ordinar. Tarves and Methlek, kirks of the Synodall of Aberdeen, upon the 1 1th of November 1597, with mutuall consent of the parochiners and heritors of the lands to be interchangit and annexit with con- sent of the said Synodall, excambit certain lands, and annexit them in respect of the far distance from their awne paroche kirks, and coTitiguitie of the kirks qwherunto they are annexit, but prejudice alwayes of their rents of the personage and viccarage of the saids lands to be payed to the old persones and viccars, as before the said excambione. The Generall Assemblie, at the desyre of the said Synodall, ratifies and approves the said excambione and alteratione in all poynts, and ordains the same to take full effect. Forsuameikle as diverse and great inconveinents aryses dayly be the untymous marriage of young and tender per?ones before they come to age meit for marriage, and that there is no law nor statute of the Kirk made as yet defyning the age of persones to be maried ; Therefore it is statute and ordaynit, that no minister within this realme presume to joyne in matrimonie any persones in tyme come- ing except the man be of fourteen yeares and the woman of twelve yeares at the leist ; ordayning lykewayes the Commissioners of the Generall Assemblie to desyre this statute to be ratified in the Con- ventione. Anent the questione qwhether if a man being blind may discharge all the pairts of the office of a pastor, and in speciall anent the ad- mission of Mr John Boyll to the ministry of Jedburgh, being blind: the Assemblie refers the answer of the generall questione to the nixt Generall Assemblie. And as to the admission of the said Mr John, refers the tryall thereof to the Commissioners of the Generall As- semblie; and in the meintyme discharges the said Mr John of using any part the office of a pastor, except the preaching of the word. Because the marriage of persones convict of aduiterie is a great alurement to married persones to committ the said cryme, thinking thereby to be separat from their awne lawful! wyfes, to injoy the persones with qwham they have committed aduiterie : ffor eschew- ing qwhereof, the Generall Assemblie thinks it expedient that ane 482 BOOKE OF THE UNIVERSALL [1600. supplicatione be giuen in to the nixt Conventione, cravand ane act to be made, discliargeing all marriages of sic persones as are con- vict of adulterie, and that the samen be ratified in the next Parlia- ment, ordayning the brethren appoj'ntit to awayte upon the Con- ventione (0 give in this article with the rest. Sess. 6. 23 Martii. Forsuameikle as, in the last Assemblie, there was a Commission given to every Synodall within this realme, to elect and choose out three of the wysest of their number, to be ready, upon his Majes- tie's advysement, to convein with his Hienes; and to treat upon such heads concernyng vote in Parliament as were not conde- scendit upon in the last Assemblie, and, in caice of agreement, to conclude the haill matter, utherwayes to referre the samine to this present Assemblie, as at mair lenth is contained in the said Com- mission, conform to the qwhilk, the saids Commissioners being con- veint at Falkland, the 25th of July 1598, they being rypelie advysit with the heads following, gave their advyce and conclusione as after follows : — 1. Concerning the manner of chooseing of him tliat shall have vote in Pailiament in name of tlie Kirk : It is condescendit upon, that he shall first be recommendit be the Kirk to his Majestie, and that the Kirk shall nominat sax for euery place that shall have need to be filled, of qwham his Majestie shall choose ane, of qwham he best lykes ; and his Majestie promises, oblisses, and binds himselfe to chuse no wther but ane of that number: And, in caice his Ma- jestie refuses the haill, upon ane just reasone of insufficiencie, and of greater sufficiencie of uthers that are not recommendit, the Kirk shall make ane new recommendatione of men according to the first number, of the qwhilk, ane be his Majestie shall be chosen without any farther refnsall or new nominalione, and he that shall be chosen be his Majestie shall be admittit be the Synods. 2. It is concludit, that the Generall Assemblie shall have the nominatione or recommendatione of him that in name of the Kirk shall vote in Parliament, qwho shall take the advyce of the Synods and Presbytries thereanent direct from them in wreit ; and the Synod shall have liberty to nominat alsewell within their province as outwith, provyding that, if there be a man within their province mcit for the place, cccteris paribus, he be preferrit to ane wther. 1600.J KIRK OF SCOTLAND. 483 3. Anent the rent : It is advysit, with ane consent, that the Kirk being plantit sufficiently, the Colledges and Schooles already erectit not prejudgit, that the King's M:\jestie sliall provyde him to all the rest that may be obtainit of that benefice qwherto he is pre- ferrit. As to the Cautiones to keep him that shall have vote in Parlia- ment from corruption, they be these following: — 1. That he presume not, at any tyme, to propone at Parliament, Counsell, or Convention, in name of the Kirk, any thing without ane express vvarrand and direction of the Kirk, and such things as he shall answer for, to be for the weell of the Kirk, under the paine of depositione from his office : neither shall he consent or keep silence in any of the saids Conventiones, to any thing that may be prejudicial! to the will and libertie of the Kirk, under the same paine. 2. He shall be bound, at every Generall Assemblie, to give ane account anent the discharge of his Commission sen the Assemblie gangand before, and shall submitt him to their censure, and stand at their determinatione qwhatsumevir, without appellatione, and shall seek and oblaine ratificatione of his doings at the said As- semblie, under the paine of infamie and excommunicatione. 3. He shall content himself with that part of the benefice qwhilk shall be given in be hisMajestie for his living, not hurting nor pre- judgeing the rest of the ministers of the kirk within his benefice, plantit or to be plantit, or any uther minister of the countre^' qvvhat- soever, and this clause to be ir>6ert in his provisione. 4. He shall not dilapidat in any wayes his benefice, neither make sett nor disposilione, without the speciall adv^'ce and consent of his Majestic and Generall Assemblie ; and for the greater warrand heirof, he shall interdyte himself not to dilapidate his benefice, nor consent to the dilapidatione thereof made be uthers to the Generall Assemblie, and shall be content that inhibitiones be raisit on him to that effect. 5. He shall binde faithfully to attend upon his awne particular congregatione qwhereat he shall be minister, in all the poynts of a pastor, and hereanent shall be subject to the tryall and censure of his awne Presbytrie and Provinciall Assemblie, as any other minis- ter that bears not Commissione. 6. In the administrationeof the discipline, collatione of benefices, visitation, and all utlier poynts of ecclesiasticall government, he 484 BOOKE OF THE UNIVERSALL [1600. shall neither usurpe nor acclaime to himself any power or jurisdic- tione farther nor any uther of the rest of his brethren, except he be imployit be his breither, under the paine of deprivatione ; and in caice he usurpe any parte of ecclesiastical government, and the Presbytrie, Synodall, or Generall Assemblie, oppose and make any impediment thereto, qwiiatsoever he doe after that impediment to be null, ipso facto, but any declarator. 7. In Presbytries, Provinciall and Generall Assemblies, he shall behave himself in all things subject to their censureing, as any of the brethren of the Presbytrie. 8. At his admissione to his office of Commissionarie, thir, and all wther poynts necessar, he shall swear and subscry ve to fulfill, under the penalties forsaids, and wtherwayes not to be admitted. 9. And in caice he be deposed be the Generall Assemblie, Synod, or Presbytrie, from his office of the ministrie, he shall also tyne his vote in Parliament, ipso facto, and his benefice shall vaicke. And farther cautiones to be made as the Kirk pleases and finds occasione. Anent his name that for the Kirk shall have vote in Parliament : It is advysit, be uniforme consent of the haill bretlirene, that he shall be callit the Commissioner of such a place; and in caice the Par- liament, be his Majestie's moyen, may be inducit to acknowledge that name, it shall stand so ; if not, the Generall Assemblie shall conclude this questione anent his name. The questione being demandit, qwhither the Commission of him that for the Kirk shall vote in Parliament sould indure for his lyfe tyme, except some cr^^me or offence intervene, or for a schorter tyme, at the pleasure of the Kirk ? The Commissioners of the Provinciall Assemblies, being of diverse opiniones, thocht good to referr this questione to the next Generall Assemblie ; qwhilks haill conclusiones being read in presence of the haill Assemblie, and they being rypelie advysit therewith, ratified, allowed, and approved the samen, and thought expedient that the said cautiones, together with such wthers as shall be concludit upon be the Assemblie, be insert in the body of the act of Parliament that is to be made for confirma- tione of vote in Parliament to the Kirk, as most necessar and sub- stantiall pairts of the same. Anent tiie supplicatione given in be James Lermonth, younger of Darsie, David Kynnithmonth of that Ilk, John Traill of Blebow, for themselves, and in name of their tennents and wthers, parochiners 1600.] KIRK OF SCOTLAND. 485 of the paroche of St Androis, raakand mentione, That albeit they are paroehiners of the said paroche kirk, lykeas they and their pre- dicessors hes beene continually subject to the discipline of the said kirk, and hes been ever ready to underly qwhatsoever burden was imposit for furtherance of the said kirk, and concurre with the rest of the paroehiners according to their rent and portione of the said paroche ; nevertheless the minister and sessione of the said kirk re- fuses to suffer them and their saids tennents to enjoy the benefites of the kirk with the remanent of the said paroche, but debarres thera from the hearing of the word, receaving of the sacraments, and be- nefite of marriage, within the said kirk, butt any reasonable cause ; desyrand, therefore, ane command to the minister and session of the said kirk of St Androis to admitt the forsaids persones and their vassals to the hearing of the word and injoying of the haill forsaids benefites of the kirk, as at mair lenth is contained in the said sup- plicatione. The Generall Assemblie having considerit the haill premisses, commands and ordaynes the ministry and session of the said kirk of St Androis to admitt the saids complainers, and their vassals and tennents, paroehiners of the said kirk, to the hearing of the word, mariage, and receaving of the sacraments of the kirk, within the said kirk of St Androis, as their proper paroche kirk in all tyme coming, ay and qwhill their awn consent be obtainit in the contrare. Sess. 7. Martii 21. Anent the supplicatione given in be the paroehiners of Twllie- bodie, making mentione. That albeit the said parochine be ane auld parochine, separate from all wthers, having within itself the number of four or fyve hundreth communicants or therby, and payes their teynds to the Abbot of Cambuskenneth, who rigorously exacts the same ; neverthelesse the Presbytrie of Striviling hes be their ordi- nance commandit the said kirk to be united to the chappell of AUoway maist wrangously, seeing the saids complainers, be ane an- terior command of the said Presbytrie, not only re-edified their said kirke of TwUibodie, but also upon their awne charges furnishit ane pastor to the said kirk, lykeas yet they are willing to doe, not- withstanding that their teinds are most wrangouslie led away be the said Abbot, as said is ; desyreing, therefore, their supplication to be considerit, and the said union dissolved, as at mair lenth is con- taint in the said supplicatione. 486 BOOKE OF THE UNIVERSALL [1600. The brethrcne of the Presbytrie of Striviling being eallit to give a reason of this their union of the said kirk, answerit that tlie cause moving them was, First, That both the said parodies lay very coni- modiously to the said kirk of Allovvay ; Secondly, That the number of botli the saids parochines wald make but ane sufficient congrega- tione ; Thirdly, That there could not be ane stipend obtainit to the said kirk of TwUibodie, in so far that at the desyre of the saids com- plainers, there being ane pastor appoyntit to the said kirk, upon promise that they wald furnische him ane sufficient stipend, ware forcit, for povertie, to leave them ; qwhereas be the contrare, be the union of the said two kirks, the Earle of Mar furnisches ane sufficient stipend to ane minister, resident at the same. The Generall Assemblie having considered the premisses, ratifies and approves the union of the said two kirks, and ordayns Alloway to be the paroche kirk hereafter. Anent the supplicatione given in be the Presbytry of Deir, makand mention, that qwhair the Laird of Phillortlie having erect ane Colledge upon the town of Fraserburgh, and agreed with Mr Charles Ferme to be both Pastor of the said burgh, and Principall of his Colledge, qwhilk burden the said Mr Charles refuses to ac- cept upon him, without he be commandit be the Generall Assem- bly ; desyrand, therefore, ane command to be given to the said Mr Charles to accept both the said charges, as at mair lenth is con- taint in the said supplication : The Generall Assemblie having considered the necessity of the said warke, and how the said Laird of Phillorthe lies refusit to sustaine ane pastor at the said kirk, unless he undertake both the saids charges. Therefore commands and charges the said Mr Charles Ferme to undertake and awayte upon, alsweill the said kirk, as to be Principall of the Colledge of Fraserburgh. Sessio 8. Martii 22. Post Meridiem. Forsuameikle as the Commissioners of the Synodalls conveint at Falkland, the 25th of July 1598, being of divers opiniones concern- ing the continuance of this commission that shall have vote in Par- liament, qwether he sould endure for his lyfetyme, except some crymeofoifenceinterveine, or foraschortcrtyme, at the pleasure of the Kirk, they thocht good to referre the same to this present Assemblie ? Therefore, having reasonit at lenth the said questione, after voiting of the samen, ffinds and declares that he shall annuatim give compt ICOa.] KIRK OF SCOTLAND. 487 of his commission obtained at the Assemblie, and lay down the same at their feet, to be continowit or alterit therfrae be his Majestie and the Assemblie, as the Assemblie, with consent of his Majestie, sail think most expedient for the weill of the Kirk. It is statute and ordaynit, that nana of them that shall have vote in Parliament shall come as Commissioners to any Generall As- semblie, nor have vote in the same in any tyme coming, except he be authorized with a commission from his own presbytry to that effect. It is found be the Assemblie that crimen ambitus shall be a suffi- cient cause of deprivatione of him that shall have vote in Parlia- ment. It is statute and ordaynit, that every minister intimat this Gene- rall Assemblie that the vote in Parliament is concludit be the Assemblie, and that nane utter speech in pulpit contrare the same. Forsuameikle as it hes been found necessare of before, and pro- fitable for the will of the Kirk, that certaine Commissioners be ap- poyntit frae Assemblie to Assemblie, qwhois speciall care and tra- vell soidd be to give their advyce to his Majestie in all afFrirs concernyng the weell of the Kirk, and intertainment of peace and concord betwixt his Majestie and the Kirk ; Therefore, the Generall Assemblie, continowiiig in the same course, hes given and grantit, lykeas be the tenor heirof they give and grants, their full power and commission to Mrs James Strachane, James Nicolsone, Andrew Milne, Alex*". Forbes, Alexander Dowglass, Robert Howie, James Melvill, Jon Dalgleish, Robert Wilkie, Harie Livingstone, Alexan- der Lindsay, George Gladstanes, Robert Pont, David Lj'ndsay, Robert Bruce, John Hall, John Clappertoune, John Knox, Andrew Lamb, James Law, John Spottiswood, Gavin Hamilton, David Barclay, Andrew Knox, with the King's Majestie's ministers, or any nyne of them — givand, grantand, and comniittand to them their full power to plant such kirks in Burrow Townes as are destitute of pastors, and in speciall, the kirk of Leith, in place of Mr John Hall, last removit therfrae, and the South-wast Kirk of Edinburgh, vaik- and be deceis of Jimqwhill Mr Robert RoUock ; — to present the grieves of this present Generall Assemblie to the next Conventione, and receave the answers of the samen ; and lykewise, in caice his Majestie finde himself greivit at any inormitie commit! it be any of the ministry, to try and cognosce upon the same, and take such or- der thereanent as shall be meitest to the glory of God and weell of 488 BOOKE OF THE UNIVERSALL [l()00. his Kirk, to advyse with his Majestie anent the effectuating of the constant platt, — promitten de rata. Thir are the Commissioners appoyntit to awayte on the Conven- tione: Mrs David Lyndsay, Robert Bruce, James Nicolsone, An- drew Lambe, William Couper, Alexander Lyndsay, John Spotts- ■wood, with the King's Majestie's Ministers. Because it was understand be the Assemblie that Mr Androw Lamb, minister at Aberbrothick, lieklie to be transportit to some other flock, qwher his gifts might profite the Kirk in greater abun- dance, therefore the Generall Assemblie gives licence to the said Mr Androw to be transportit from the said kirk of Aberbrothock. The said day, the Generall Assemblie receivit and admittit Mr Thomas Hope to be Solicitor for the Kirk in place of James Movvat, — qwho being personally present, dimittit the same in the Assem- blie's hands, — after the said Mr Thomas had given his oath of fidelitie in the said office. Anent the proces of appellatione persueit be James Lord Lynd- say of Byres, and remanent gentlemen and parochiners of the paroche of Syres, against the Presbytries of Couper and St Androis, concern- yng the admissione of Mr Robert Buchanane, Provest of Kirklieuch, to the ministrie at the kirk of Syres, and transportatione of him from the kirk of Forgane in Fyfe ; the brethren that were appoyntit to visite the said proces, having made their report to the haill As- sembly, the rights, reasons, and allegations of all the saids Presby- tries being heard and considerit, The Generall Assemblie decerns and ordaynes the said Mr Robert to remaine minister at the kirk of Syres, and suchlyke gives their power and commission to Mrs James Melvill, Robert Wilkie, James Nicolsone, Alexander Lyndsay, and William Scott, givand them power to elect and chuse out a discreet man, with consent of the saids parochiners of Syres, to be adjoynit to the said Mr Robert as minister and fellow-helper with him at the said kirk of Syres ; with power also to them to modifie how meikle of his stipend shall be payit be the said Mr Robert, and how meikle be the saids parochiners of Syres. And in speciall, the Assemblie recommends to them their brother, Mr William Simpsone, minister at Bruntisland. Forsuameikle as there is diverse partes of the countrey that for lake of visitatione are become almost desolate, Therefore the Gene- rall Assemblie hes thocht good that certaine visitors be direct for visiting of the bounds of Kirkcudbright and Wigtoune : Mrs David 1600.] KIRK OF SCOTLAND. 489 Barclay, Alex*". Scrymgeour, and Nathaneill Inglish ; off the bounds of Morray, Mrs George Hay and Androw Crombie ; off the bounds of Orknay and Cathness, Mrs Robert Pont, John Monro, elder, and John Monro, younger ; off the bounds of Ross, Mrs Alex"". Dow- glass, John Carmichaill, and William Scott ; and for Nithsdale, Mrs Robert Wallace and John Welsche : with power to them to inquyre in the lyfe, doctrine, and qualificatione of the ministry within the saids bounds, to try the sayers and hearers of mass within the samen : with power also to plant and transplant ministers unto such places as they shall think most expedient for the glory of God and weel of the Kirk, and to report to the nixt Generall Assemblie. Because the Island of Errane lyes most commodious and adjacent to the Presbytrie of Irwing, therefore the Assemblie annexis the same to the said Presbytrie. Anent the supplicatione given in be the Presbytrie of Meigle, makand mention, That seeing the Presbytrie had united the kirks of Essie and Niva to be and remain a congregatione under the charge of ane pastor, at ane kirk to be biggit in the mids of the saids two parodies presently ; In respect of the fewness of the num- ber [in] both the saids paroches, not extending to the number of fyve hundrelh persones, partly in respect of the commoditie of the place, seeing the farthest part of both the saids paroches will not be distant halfe ane myle from the place qwhere the kirk sould be biggit, and partly in respect of the impossibility of the moyen to sustaine two sundry ministers at the saids kirks ; Desyreing, there- fore, ane ratificatione of the unione in this Assemblie, together with ane command to the brethren direct to the Estates conveint at Perth, to crave the samyn to be ratifyit in the said Conventione as at mair lenth is conteint in the said supplicatione: The Generall Assemblie ratifyes and approves the unione for- said, and suchlyke ordaynes the brethren appoyntit to gang to the Conventione at Perthe to crave the said union to be ratified in the said Convention. Anent the appellatione persewit be the Presbytrie of Dumferm- ling frae the decreit pronuncit be the Synodall of Fyfe, halden at Couper the 6 of Marcli 1598, ffinding that the said Presbytrie had done wrang in planting of the kirk of Dalgatie with the hurt and prejudice of the kirk of Aberdour^ being the greatest and most po- pulous congregatione, and the haill stipend beand but ane raeine provisione, and therefore decernand the haill stipend to remaine with 490 BOOKE OF THE UNIVERSALL [IGOL the kirk of Aberdour : The said Presbytrie of Dumfermling com- peirand be Mr John Fairfull, minister at Dumfermling, their Com- missioner, and the Commissioners of the Synodal! of Fyfe being lyke- wayes present, with the Commissioners of the Towne of Aberdour, the rights and reasones of both the saids parties heard and considerit, The Generall Assemblie decerns and ordaines Mr William Patone, minister of Dalgatie, to serve the cure of both the saids kirks of Aberdour and Dalgatie, and to have assignit to him for his service thereat the haill old stipends of Aberdour and Dalgatie before the divisione thereof for the cropt 1599. and yearly in tyme coming, ay and qvvhill sufficient provisione may be gotten for planting of both the saids kirks. The Generall Assemblie grants libertie to Mr William Simsone, at Bruntiland, to transporte himselfe from the said kirk, in respect he hes servit thir many years bygane thereat, but stipend ; and the Queen's Majestie and her Chalmerlands, qwho was in use of pay- ment of before of the ministers at the said kirk, refuiss to make payment to the said complainer of the same, and therefore rec >m- niends him to the S\nodall of Fyfe, to have consideralione of him in planting of tlieir kirks. The nixt Generall Assemblie is appoyntit to be halden at St Androis the last Txvesdav of July 1601. [SIXTY-FIFTH GENERAL ASSEMBLY.] The Generall Assemblie of the Kirk of Scotland, holden at Bruntiland, the 12lh of May* 1601 year. In the qwhilk the King's Majestie with his Commissioners of the Nobilitie and Burrows were present. Sess. l^a. May 12. Exhortatione being made be Mr Robert Wilkie, Moderator of the last Assemblie, the brethren proceeded to the election of ane new Moderator, and Mrs Patrick Galloway, Patrick Scharp, Patrick Simsone, John Hall, and James Rowsone, being put in leets ; be plurality of votes Mr John Hall was chosen Moderator hac vice. * This Assembly ante-dated by the King Calderwood, p. 146. Letter frontr James Melvill and Howison. — Ibid. ' IGOL] KIHK OF SCOTLAND. 491 Sess. 2. Mali 14. The qwhilk day the brethren having interet in considera- tione of the geneiall defectione from the puritie, practise, and zeall of trew religione in all estates of the countrie, and how the samen must, of necessitie, at the last, be concludit either in Pa- pistrie or atheisnae within schort space in the righteous judgement of God, except some substantious remedie be provydit thereto in tyme, and because the evill caimot be well curit unless the origi- iiall springs and speciall causes thereof be rypet up, Therefore the brethren, after mature deliberatione and weighing of the causes of the said defection, hes found the principall causes thereof to be as follows : — Causes of the Defection from the Puritie, Zeall, and Practise of trew Religion in all Estates of the Countrie, and how the same may be most effectuallie remeadit, &c. The principall causes of this fiarfull change, no doubt, is the just wrath of God kindled against the haill land for the unrevercnt esti- matione of the Gospell, and for the sinnes of all estates, and dis- honouring of thair piofessione, and makeing the name of God to be blasphemit be tlie piofane world without remorse — laicke of care and diligence upon the part of the ministry in the discovery of them that maks apostacie to papistrie, and negligence in execu- tione of the lawes and discipline against such as happens to be dis- coverit. Want of pastors and unplantit kirks, and displacing of kirks, qwhilk hes been provydit be the diminutione of the thirds. Neglecting of places that are of chiefest importance to the interest of Religion in not planting sufficient pastores thereat, such as are hir Majestie's hous, the Prince's hous, the Earles of Hunllie, ErroU, and Angus' houses and places of their chiefest residence, the Lord lleome's house, the Lord Heress' house, and chief places of their residence, the Town of Dumfreis, and uthers of the nobilitie and greatest power within the countrey. The overhastie admissione of men to the ministrie before they be knawne to be of sufficient gifts and experience to discharge fruit- fully that hich calling in thir difficult tymes. The negligence of the ministry in the advanceing of their knaw- ledge be ever continuall and constant reading of the Scriptures and 492 BOOKE OF THE UNIVERSALL [1601. contra versies of the tyme, qwherthrow they might be able to bring the consciences of their auditors in subjectione to the obedience of the Gospell, and convince of the adversarie. Negligence in the lyves of the miiiistr}' — not framing their con- versatione in gravitie as paterns of lyfe to the people, but framing them excessively to the humours of men, especially in communica- tions at tables, and giving sumtyme examples of intemperance in the light and prodigall abulziements of their families. The distraction of minds qwhilk is supposed to be in the ministry — the distraction qwhilk is supposed to be of his Majestie's raynde from some of the ministry. The advancing of men suspect in religione, and knavvne to be evill affectit to the good cause, unto offices, honour, and credite in court, counsell, and sessione, and wther rowmes of great importance within the countrey. The desolatione of the Kirk of Edinburgh, through the want of pastors. The continuall residence and intertainment of the Ladie Huntly, ane knawne and profest Papist, of Margaret Wood, sister to the Laird of Bonytovvne, and wthers knawne and profest Papists, in his Majestie's court and company. The educatione of their Majesties' children in tlie company of profest and obstinate Papists, sic as the Ladie Livingstone. The negligent education of the children of noblemen, and sending of them out of the country under the charge of pedagogues suspect in religione, or, at the leist, not weill grundit and confirmit therein, to be broucht up and instructed in places qwher Papistrie is profest. The impunitie of skippers, mariners, and owners of ships, that under the name of passengers, transports from uther places, and brings Papists, with their coffers, Serainarie Priests, Jesuites, and uthers trafficquers within the countrey, and the impunitie of such as carreyes and sparpells their books through the countrie. The decaye of schooles and educatione of the youth in the knaw- ledge of good letters and godliness, especially to landwart, for lake of sufficient provision to intertaine a qualified schoolmaster in places needfuU. That men suspect in religione, and challengit therefor before their Presbytrie and pastors, hes access to court dureing the tyme of their proces. 1601.] KIRK OF SCOTLAND. 493 That the late reeoneilit Papists are not urgit to performe the conditiones agreed to be them at their reconciliation to the Kirk. Remedies of the former Eviiis. The Generall Assemblie, having enterit in the consideratione of the causes of the said great and fearfull defectione of all estates of persones of this land from the trew and sincere professione of the gospell, presently sounding within the same ; and having found the principall causes of this fearfull change to be, no doubt, the just wrath of God kindlit against the haill land, for the unreverend estimatione of the gospell, and for the sinnes of all estates, and dis- honouring of tlieir professione, and making the name of God to be blasphemit be the profane world without remorse : qvvhilks horrible judgments lies fallen in every estate, for the contemptuous hearing of the word of God, in so far as there is nane that hes worthilie esteemit the said precious word according to the dignitie thereof; therefore, and for removing of the former evills and cans of farther judgements, if they be not preventit be speedie repentance, the Assemblie hes concludit and ordainit ane generall humiliatione to be keepit solemnly tliroughout the haill land, with fasting and prayer, two severall Sabbath days in all congrogationes, botli in burgli and land, within this realme ; and lykewise in burrow townes, the haill week betwixt the said two Sondays, and the cause of the said humiliatione to be only the sinnes of the land, be the qwhilks the profession of the gospell hes been dishonourit, and the wrath of God provockir ; qwhilk generall humiliatione is ordaynit to be upon the last two Sabbaths of June nixt to come. The unplantit kirks wald be effectuallie recommendit to Ins Ma- jestie's care, qwhais authoritie only is able to accomplishe that vvark ; and for the better furtherance thereof, that his Majestic wald cause take heed that the thirds be keepit unvitiat. Nothing more neces- sar nor to have his Majestie's houss, the Prince's houss, the Earles' housses, and places of their residence, and wthers places of chiefest importance, as the town of Dumfries, to be well plantit with learnit, godly, and wyse persones; and qwhere the laike of provisione might be ane hinder to the present planting, as at the Earles' houses, it were requisite for a tyme that the meetest for that purpose, not being in places where the cause may be so far interest be the want of a resident pastor, sould be transportit fra their awn places, to remaine for ane quarter or halfe ane year, that ane substantious 2 K 494 BOOKE OF THE UNIVERSALL [1601. meine may be found out for ane constant provisione and planting of these rowmes, be qwhais labors, in the meantyme, the Earles and their families might be confirrait in the truth, and the enemies de- barrit from their companies, and thereafter to return to their awne charges ; the Presbytries, in the meaneqwhile, taking order for helping of their kirks in t%'me of their absence ; and to that effect, ordaynes Mr George Gladstanes to be direct to awayte upon the Earle of Huntlie ; Messrs Alex'. Lindsay and William Cowper upon the Earle of ErroU ; Messrs James Law and John Spotswood upon the Earle of .Angus ; Mr John Carmichaell upon the Lord Hoome ; Messrs David Lyndsay and John Hall upon the Lord Heres. That ane petition be given in to his Majestic and Secret Coun- cill, desyring that these qwham his Majestie knawes, or shall knaw hereafter, to deale in favours of profest traffiqueing Papists farther nor the lawes of the countrey shall perraitt, shall be comptit and holden as men suspect in religione, and shall not have the honour to be in his Majestie's house, counsell, or sessione. That it be cravit lykewise of his Majestie and Secret Councill, that all Papists, men and women, challengit be the kirk for their reli- gione, and not satisfyand the kirk for the same, be dischargit from resort to court, qwhill they have satisfyit and bring from the Pres- bytrie of their bounds ane sufficient testimoniall of their obedience. Item, For disobedience of the adversaries of trew religione lurk- ing within this countrie, it is ordaynit that every Presbytrie, im- mediate!}' after the dissolving of this present Assembly, take up the names of the new communicants within their bounds, and send them to his Majestie's ministers with all expeditione, subscrivit be the moderator and dark of the Presbytrie, and minister of the paroche, and that from this tyme furth, at every Provinciall Assemblie, the names of the non-communicants be tane up, and sent up to his Majestie's ministers. Item, That it be inquyrit anent the late reconcilit Lords to the kirk, be the Presbytries qwher they make residence, qwhether they have keepit and performit the articles subscrivit be them at the re- ceaving, and that they be urgit severally to perform every ane of the saids articles, and if they refuse, that the Presbytries certifie the King's Majestie's ministers thereof. Item, For escheweing of farther evill qwhilk might come to the estate of religione be the evill educatione of the youth furth of the country, it wald be cravit of his Majestie and Secret Councill, 1601.] KIRK OF SCOTLAND. 495 qwhen such noblemen and wthers as directs ane pedagogue with their sonnes furth of the country, that their pedagogue be knawne godly and of good religione, learnit and instructit in the same, and approvit in his religione be the testiraoniall of his Presbytrie ; that their remaining out of the country be in places qwher religione is presently professit, or, at the least, -qwher there is no restraint of the same be the cruelty of inquisitione ; that dureing the tyme of their absence they shall not haunt any idolatrous exercise of religione ; and such as hes not the moyen to sustaine ane pedagogue with their sonnes furth of the country, that they send them to such pairts qwlier there is no restraint of religione ; and in caice their sonnes, after their depairting out of the countrey, haunt these parts qwher the profession of the trew religione is restraint, that they find cau- tion not to intertaine them : And in caice any that passes furth of the countrey imbrace any religione except that qwhilk is presently profest within this realm, that they shall not be able to brooke moyen, heritage, honours, nor offices, within this realme ; and this to be ane exception against the service of their brieves, and at the tyme of admissione of them to any office or honours, and in caice any of their parents contraveine any of the premisses, that they in- curre such paine as his Majestie and Secret Councill shall modifie, and that such as are already out of tlie country, either be callit back againe before ane day to be appoyntit be his Majestie and Secret Councill, or else that their parents be subject to the lyke condi- tiones as is before sett downe. Item, It wald be cravit of his Majestie and Secret Councill, that all skippers, mariners, and owners of ships, be inhibite that they bring in any Jesuites, Seminary Priests, declarit fugitive traytors and rebells within the countrie, but such as they knaw to be of good religione, or hes sufficient testimoniall of their honesty in religion, from the places qwher they have been conversant, under the paine of escheating their haill goods, and under the same payns, that they deliver them in the hands of the magistrate of the toune or port qwher they shall happen to arryve at, there to be keepit, ay and qwhill they be examinat, and his Majestie's warrant obtainit for their liberty after they have been tryit and fand honest in religione, and shall keep them, their goods, books, and geir in schipboard, ay and qwhill they receive ane warrand, or the ordiuarie magistrate for relieving of the same ; and to that effect, they sett nane upon 496 BOOKE OF THE UNIVERSALL [1601. land but in common parts, qwher there is ana magistrate to feceave the passengers from their hands. Item, That his Majestie be dealt earnestly with anent the remove- ing of his dochter out of the Lady Livingstone's company, in respect of her obstinate continuing in the professione of Papistry, for the qwhilk cause, his Majestie being requestit be the haill Assemblie, promised that his Heines' daughter sould be transportit betwixt and Martimes next to come to his awne house. And because of the nane planting of kirks is ane great part of the vvyte of defection from the puritie of religione, and that the best way for the planting of the saids kirks is the furtherance of the constant platt for locall stipends to beappoyntit to every kirk within this realme, therefore the Assemblie hes ordaynit the brethren fol- lowing, viz., Messrs David Lyndsay, James Nicnlsone, Robert Pont, Patrick Galloway, George Gladstones, John Nicolsone, or any three of them, to conveen upon the first day of Junii with my Lords Chancellour, President, Secretar, Collector, Comptroller, Sir Patrick Morray, Mr George Young, to intreat and advyse upon such over- tures as be their common consent shall be found most meet and expedient for advancing of the warke of the constant platt, and to lay doune such grunds as they shall finde most profitable for pro- secuting of the same, and to reports their diligence to the nixt As- semblie. Sessio 3. May 14. The King's Majestie having declareit his intention and desyre to have a minister for his Heines' house, in respect of the deceas of Mr John Craige, and John Duncanson's old age, and ane wther of the Queen's Majestie's house, and ane to the Prince house, the As- semblie nominat for his Majestie's and the Queen's house Messrs Henry Blyth, John Fairfull, Peter Hewat, and Androw Lamb ; for the Prince house, James Nicolsone, James Law, and John Spots- wood. The Assembly ratifies the acts made in the Assemblies of before, anent the dischargeing of applicationes particular to be made in exercises, and of forbidding of young men not admittit to the mi- nistry to preache in the chief places of the country, and ordaynes the same to be put in executione, under the paine of incurring the censures of the kirk. 1601.] KIRK OF SCOTLAND. 497 Sess. 4. May 15. The Assemblie adjoyns the Presbytrie of Kirkcudbright to the ministry of Nithsdale, ay and qwhill there be such a number of kirks plantit within the saids bounds as may constitute ane lawfull presbytrie among themselves. The Assemblie ordaynes the Commissioners to recommend unto his Majestic the provisione of competent livings to the saids kirks, and nominats Messrs John M'Birney, George Greive, and William Arthure, to be plantit thereat. Anent the questione referrit be the Presbytrie of Couper to this present Assemblie, concernyng the cause persewit be the said Pres- bytrie against Elizabeth Pitcairne, for satisfaction for the adultery committit be hir and proven against hir, conforme to the decreit of the foresaid Presbytrie ; qwha being urgit to satisfy the Kirk there- fore, producit ane decreit of adherence obtained against hir husband before the Commissaries of Edinburgh, ordaining her husband to adhere to her, and be consequence exonering her of adulterie : The Assemblie ordaynes the Presbytrie to put their awne decreit to dew executione, notwithstanding the decreit of adherence. Anent the citatione wsit be the Presbytrie of Couper against the auld Laird of Kynneir, to have answerit for the abuseing of Mr Robert Inschaw, minister at Kylmanie, in the solemnizating of the marriage of his daughter, and in antedateing of ane testiraoniall sent to Mr Henrie Balfour, minister at Cullessie : The Asocmblie, in re- spect of the Laird of Kynneir's absence, referrit the tryall of the said matter to the Presbytrie of Couper. Sess. ultima. Mali 16, 1601. It being meinit be sundrie of the brethren that there was sundrie errors that meritit to be correctit iu the vulgar translation of the Bible, of the Psalmes in meter, as also that there was sundrie prayers in the Psalme Book qwhilk wald be alterit, in respect they are not convenient for the meantyme ; in the qwhilk heids the Assemblie hes concludit as follows: First, anent the translatione of the Bible, that every ane of the brethrene wha hes best knawledge iu the languages imploy their travells in syndrie pairts of the vulgar trans- latione of the Bible that needs to be mendit, and to conferr the same together at the nixt Assemblie. It is not thought good that the prayers already conteinit in the 498 BOOKE OF THE UNIVERSALL [1601. Psalme Book be alterit, but if any brother wald have any uther prayers eikit qwhilks are meet for the tyme, ordaynes the same first to be tryit and allowit be the Assemblle. The Generall Assemblie, for causes and considerationes moving them, hes ordaynt Mrs James Balfour, Walter Balcanquall, and William Watsone, to be transportit out of their awne places of the rainistrie in Edinburgh, and plantit in such places as the Commis- sioners deput be this present Assemblie thinks expedient ; and lyke- wayes ordayns the saids Commissioners to plant such uthers of the ministry in their places in the Kirk of Edinburgh as shall be found expedient to God's glory within the same. The Commissioners for the Towne of Edinburgh, viz. John John- stone and George Heriot, protestit in the name of the said Towne, that seeing the Generall Assemblie had ordaynit their ministers abovenamit to be transportit furth of Edinburgh, the said Towne sould be free of their burden fra this tyme of their present trans- portatione, and that the said transportatione should not be preju- diciall to them in any tyme thereafter, but that they might be re- ponit in their awne places when it sould please his Majestie and the Kirk to lyke well thereof ; qwhilk protestatione his Majestie and the Assemblie willingly agreet unto, qwherupon the said Commissioners askit instruments. The Assemblie hes ordainit, that in every Assemblie to be con- veint in all tyme coming, such as shall happen tobe appoyntit Com- missioners for the Generall Assemblie to indure qwhill the Generall Assemblie next thereafter, shall give ane accorapt of their proceed- ings dureing the haill tyme of their commission in the beginning of the Assemblie before any wther cause or matter be handlit, and their proceedings to be allowit and disallowit as the Assemblie shall think expedient. The Generall Assemblie having ryply weyit the necessity of ap- poynting Commissioners for this Generall Assemblie, not only to advyse and awayte upon such aflPaires as shall be for the weill and wtilitie of the Kirk of God, but also in giving advyce to his Majestie anent the holding furth the enemies of the same qwheu they shall be requyrit be his Heines thereto ; Therefore, the breth- ren coiiveint in this Assemblie hes given and grantit, lykeas, be the tenor heirof, gives and grants thair power and commission to thir brethren, — Mrs Alex^. Dowglass, John Strachane, Peter Blackburne, George Monro, James Nicolsone, Androw Leitch, Alexander Forbes,. 1601.] KIRK OF SCOTLAND. 499 Patrick Symsone, Wm. Cowper, Alexander Lyndsay, George Glad- stanes, Wm. Scott, John Caldcleuch, Robert Wilkie, David Lynd- say, Robert Pont, John Spottiswood, John Hall, James Low, John Knox, John Abernethie, John Hay, Gavine Hamiltone, Alexander Scrymgeour, David Barclay, with the King's Majestie's Ministers, or any nyne of them ; givand, grantand, and committand unto them their full power, to plant such kirks in Burrow Tounes as are desti- tute of pastors in generall, and specially to plant the Kirk of Edin- burgh, vaikand be transportatione of the ministers thereof; with full power also to plant Mrs James Balfour, Walter Balcanquall, and William Watsone, ministers transportit out of Edinburgh, with his Majestie's advyce, in such convenient places as they sould finde ex- pedient for the glory of God ; with power also to transport any of the ministry within the realme from their awne places qwher they presently serve, and to plant them in the saids vaikand places of the Kirk of Edinburgh, in the planting qwherof they shall take the ad- vyce of the Presbylry of Edinburgh, according to the acts and sta- tutes of the Generall Assemblie made of before. Attour, if it shall happen the King's Majestie to be grievit at any of the ministry for qwhatsoraever enormitie coramittit be any of them against his Ma- jestie, with power to them, or any nyne of them, as said is, to try and cognosce thereupon, and take such order thereanent as they shall think maist meit to the glory of God and weill of the Kirk ; and, finallie, with power to them to present the grieves and peti- tiones of this present Assemblie to his Majestie and Secret Councill and generall Conventione of the Estates and Parliaments, if any shall happen to be, and to crave redresse of the ssunen—promitten de rata. The Assemblie ordaynes Mrs James Nicolsone, James Robertsone, Alex^ Lyndsay, and William Cowper, to take tryall anent the union of the paroche of Forgandyne to the kirk of Arnegose, and if they finde the same to have been done of old, and to be commodious for the people, to ratifie the same. Forsuameikle as in the Assemblies halden of before, it hes been very wysely considerit that there hes been nothing more profitable for advancing of the glory of God by the preaching of the gospell, then appoynting of Commissioners for every schyre within this realme, qwhois care and diligence should be pairtly to try the lyfe, doctrine, and manner of conversatione of the ministry within the bounds committit to their visitatione, and pairtly to plant the kirks 500 BOOKE OF THE UNIVERSALL [160L qwhilks as yet ly destitute of the comfort of the word, be dealing with such as hes the Kirk livings in their hands for ane reasonable moyen to sustain a minister at every kirk within this realme ; qwhilk loueable custome this present Assemble being mindfull to prosecute, therefore hes given and grantit, lykeas, be these presents, gives and grants tlieir full power and commissione to thir brethren : Mrs Ro- bert Pont and Robert Durie for Orknay and Zetland ; Mr George Gladstanes for Cathness and Sutherland ; to Mrs Alex^. Dovvglass and Alex'". Rawsone for Rosse; to Mrs George Hay and Androw Crombie for Morray ; Mr George Gladstanes for Aberdeene ; for Angus and Merns, Mrs Robert Wilkie and James Mel vill; for Perth and Stratherne, Mrs Thomas Dovvglass and John FairfouU; for Fyfe, Mrs James Nicolsone and Robert Howie ; for Lothiane, Mrs Patrick Simsone and Harie Livingstone ; for Merss and Teviot- dale, James Gibsone and Mr Adam Colt ; for Clydsdale, Mrs David Lyndsay and John Spotswood ; for Irvine and Aire, Mrs Gavine Hamiltone and Androw Knox; for Annandaill, Mrs John Knox and Patrick Schaw ; for Nithsdale and Galloway, Mrs David Barclay, Alex*". Scrymgeour, and Nathaniell Inglish : with power to them to try the brethren within the bounds particularly above designit, in their lyfe, doctrine, qualificatione, and conversation, and how they have behaved themselves touching the rents of their benefices qwhether they have sett tacks of the samen, but consent of the General! Assemblie or not, and so dilapidate the same — to depose such as deserves depositione — to plant ministers in such places that hes not been plantit heretofore ; and to that effect to deall with the tacksmen of every paroche kirk for provision of ane minister to their kirks, and to report to the next Generall Assemblie ane an- swer of the tacksmen in wreit, containing the planting of the kirks qwherof they possess the teinds, and to reporte their diligence to the nixt Assemblie — promitten de rata. The nixt Assemblie appoyntit to be halden at St Androis the last Twesday of July 1602. 1602.] KIRK OF SCOTLAND. 501 [SIXTY-SIXTH GENERAL ASSEMBLY.] The Generall Assemblie of the Commissioners from the Pres- bytries of the Kirk of Scotland, halden at Halyrudehouse the 10 of Deer. 1602,* in the qwhilk the King's Majestie be- ing personally present, were conveint the Commissioners following, viz. Commissioners, with his Majestie, the Secre- tar, Thesaurer, Collector, Comptroller, Sir Patrick Morray : for the Ministry, Orknay. Mr Robert Pont. Cathnes. Mr George Gladstanes. Ross Murray. Mr Alexander Rawsone. Aberdeene. Mrs Peter Blackburne. Mrs .John Rosse. Archbald Blackburne. James Milne. David Raite. Abraham Sybbald. Richard Rosse. Alexander Hay. John Strauchan. Mearns. Mrs John Erskine. Mr James Sybbald. Alexander Forbes. Brechine. Mrs Andrew Leitche. Mr Josua Durie. John Marshall. • Calderwood and Mr Crawford have it November. This Assembly post- poned by proclamation. — Calderwood, p, 459. 502 BOOKE OF THE UNIVERSALL [l602. Aberbrothoke. Mrs Patrick Lyndsay. Mr Henry Philipe. Arthur Foothie. Dundie. Mr Robert Howie. Mr Andrew Clayhills. Meigle. ^Irs James Andersone. Mr David Browne. John Barclay. Peirth. Mrs James Rosse. Mrs Alex. Hoome. Archd. MoncriefF. John Edmonstoune. Wm. Row. William Glasse. Adam Balantyne. Silvester Ratray. St Androis. Mrs James Melvill. Mr Robert Durie. John Carmichaell. Universitie thereof. Mr James Martine. Cowper. Mrs Thomas Dowglass. Mr Wm. Cranstoune. Robt. Buchanan. Kirkaldie. Mrs Wm. Scott. Mr David Spence. John Michelsone. Dumfermling. Mrs John Fairfoull. Mr Edmond Mylls. John Cawden. Edinburgh. Mrs James Balfour. Mr Wm. Aire. Walter Balcanquall. 1602.] KIRK OF SCOTLAND. 503 Linlithgow. Mrs Thomas Peebles. Mr George Inglish. Robt. Cornwall. Dalkeith. Mrs George Ramsay. Mr Adam Scot. Archd. Simsone. Haddington and Dumbar. Mr Edward Hepburne. Mr Richard Ogill. Peebles. John Keer. Merss. Mrs John Clappertoune. Mrs Wm. Clark. Tobias Ramsay. John Knox. Wm. Methwen. James Dais. Alex'. Gates. John Smith. John Abernethie. Glasgow. Mr Andrew Boyde. Mr Wm. Livingstone. Universitie thereof. Mr Pat. Scharp. Paisley. Mr John Hay. Dunhartone. Mr Wm. Symsone. Hamiltone. Mr John Howisone. Mr Pat. Walkinschaw- Jjanarick. Mr Wra. Birnie. Mr Robt. Ballantyne. 504 BOOKE OF THE UNIVERSALL [1602. Aire. Mrs George Dumbar. Mr John Welsche. Nathaniel Inglish. Irwing, Mr Hew FuUertoune. Durnfries. Mrs Robt. Hunter. Mr Richard Broune. John Browne. Kirkcudbright. Mr Win. Hamiltone. Wigtowne. Mr Robert Wallace. Mr Matthew Reid. Edinburgh. Mr John Robertsone. Mr George Heriot. Dundie. Mr Wm. Fargusone. St Androis. Mr Wra. Russell. Leiih. Mr Jerome Lyndsay. Mr David Orrock. Bruntiland. Patrick Greiflf. Commissioners for the Generall Assemblie. Mrs Alex. Dowglass. Mrs Robt. Wilkie. George Monro. David Lyndsay. James Nicolsone. John Hall. Fat. Simsone. James Law. Wm. Cowper. Gavin Hamilton. Alex. Lyndsay. George Scryrageour. John Spotswood. David Barclay. John Caldcleuch. 1602.] KIRK OF SCOTLAND. 505 Acta Sessione prima, Exhortatione being made be Mr John Hall, Moderator of the last Assemblie, the Asserablie, after the accustomed manner, pro- ceedit to the election of the Moderator of this present Assemblie ; and, after nominatione of the brethren following, viz. Mrs Patrick Galloway, Patrick Scharpe, James Balfoure, and John Carmichaell, out of tlie qwhilk number the Moderator should be chosen, — be plurality of votes the said Mr Patrick Galloway was cliosen Mode- rator hac vice. The houres of convention to be nyne houres in the morning for the privie conferrence, and eleven houres for conveening of the Assemblie, and to sit qwhill 4 houres afternoon. The Assessors appoynted to conveen with the Moderator in the privie conferrence for treating of such things as are to be concludit in the Assemblie, are Mrs John Hall, Robert Pont, George Glad- stones, David Lyndsay, Alex'. Rawsone, Peter Blackburne, John Strauchane, David Rate, Alex'. Forbes, James Nicolsone, Robert Howie, James Melvill, Robert Wilkie, Jolin Carmichaell, Alex'. Lyndsay, William Glass, Patrick Scharpe, James Balfoure, Walter Balcanquall, James Law, John Spotswood, John Clappertoune, John Knox, David Barclay, W™. Hamiltone, Nathaniell Inglish, John Hay, Andrew Lanibe. Sess. 2^ The said day, being callit, Mr George Gladstones, minister at St Androis, qwha was direct be the last Assemblie to have remainit for ane quarter o; ane half year with the Marques of Huntlie, to the effect, be his travells and labours, the said Noble Lord and his family might be informit in the word of truth presently profest within this realme, and the enemies thereof debarrit from his com- pany,— to give an accompt of his diligence done in his said Com- mission, the said Mr George compeirand, declared that at the tyme of his journeying northward for visitatione of the Presbytries of Cathnes and Sutherland, he addressed himself to the Marques of Huntly, and remained with him the space of three dayes, dureing the qwhilk tyme he conferred with him anent the controvertit heads of religione, and desyred of his Lordship that he wold schaw him qwherin he doubted, that to the effect be his conferrence he might be resolvit of such heads thereof as yet he was not fully 506 BOOKE OF THE UNIVERSALE [1602. satisfyit, qwhilk his Lordship promised to doe at his back-coming ; and lykewaj'es, having demandit why his Lordship's kirks were not plantit, and why he resortit not to the preaching at the ordinare tymes in paroche kirks ? To the first he answerit, that the non- planting of his kirks proceeds upon the not giving licence to the parsones of the saids kirks to renew his tacks, conforme to the pro- mise made to his Lordship be the Commissioners of the Assemblie, at the tyme his Lordship grantit to ane augmentatione of the rent of the said kirks. As to the second, he could not well resort to the paroche kirk, partly in respect of the meine rank of such as were within the paroche, and pairtly in respect his Lordship's pre- decessors were in use to have ane chappell in their awne house, qwhilk he was myndit to prosecute now, seeing he was presently prepairing his house of Strathbogie. The said Mr George being demandit, why he made no longer residence with his Lordship, conforme to his Commission, answerit, he could not, because the Marques of Huntlie was upon his voyage southward, at his Majes- tie's directione, for reconciliatione of the feud betwixt him and the Earle of Murray, qwhilk feud was the cause why his Lordship could not communicat. Being callit lykewayes, Mrs Alexander Lyndsay and William Cowper, Commissioners appoyntit be the last Assemblie to await upon the Earle of ErroU for the effect forsaid, compearand, Mr Alexander Lyndsay declareit, that he had awaytit upon the said Noble Lord dureing his remaining in the Carss of Gowrie, and that he fand him ane diligent hearer of the word ; and having requirit of him, if he doubtit of anything, his Lordship answerit, that, at the tyme of his reconciliatione, he did the samen unfainedly, and had casten all scruples away. As concerning the planting of his kirks, that he had provyded the samen of his awne benevolence, and that he wold communicat at such tyme as the samen should be administrat at any of his awn kirks, whereat his residence should be for the tyme. Being callit, Mrs John Spotswood and James Law, Commission- ers appoyntit to await upon the Earle of Angus, Mr John Spotts- wood excused himselfe, because he was direct be his Majestie to awaite upon the Duke of Lennox in his ambassadrie to Franco, in respect qwhereof, Mr James Law being appoyntit Commissioner conjunctly with tl;e said Mr John, could doe nothing him alone ; but because it was reportit be the liaiU brethren of these parts 1602.] KIRK OF SCOTLAND. 507 qwher the said Earle does haunt, that he did neither resort to the hearing of the word, nor participatione of the sacraments, but, be the contrair, intertaint profest enemies to the religione in his com- pany, such as Mr Charles Broune ; therefore, to advyse in the con- ferrence for remead thereof. Being callit, Mr John Carmichaell, Commissioner appoyntit to awayt upon my Lord Hoome, declareit, that he execute no part of his Commission, be reason of the saids Lord's absence furth of the countrie. The lyke excuse was usit be Mrs David Lyndsay and John Hall, qwho were appoyntit for my Lord Herres, in caice he repairit to Edinburgh, declarit to remaine a schort space in the said towne. Anent the Commissioners appoyntit be the last Assemblie to await upon the constant platt, my Lord Collector being present, declareit that the stay of that wark proceidit upon the default of the presbytries, qwho, for the maist part, had neither returnit ane answer of his Majestie's letters, direct be his Commissioners, of the constant platt without the qwhilk they could not proceed, and there- fore the Assembly ordaynes such as had not reportit their answers, to produce them the niorne. Anent the Commissioners appoyntit for visitatione of presbytries, the Assemblie ordaynes them to give in their diligence in write the morne, that the samen may be tryit and considerit be the Assem- blie, and because there hes been slackness, or no executione of such Commissioners in tyme bygane, be reason of carelessness of such as were appoyntit to accept the same ; Therefore it is ordaynit, that in tyme comeing, such as shall be appoyntit Commissioners on them, and promise be their oathes in the face of the Assemblie to doe their faithfuU and honest diligence in the executione thereof, and to report the same to the next Assemblie, in wreit, under the paines contained in the acts of the Generall Assemblie, being callit be the Commissioners of the Generall Assemblie to give acconipt of their proceedings sen the last Assemblie, they were ordaynit to give in tlieir diligence in write the raorne. The qwhilks things being considerit be the Assemblie, it was thought most expedient that certaine qualified persones be chosen out of the mini?try, for planting of such parts of the countrie as are destitute of the word of God, and specially, that qualified men be chosen out to be appoyntit ministers to the particular families of the said noblemen, and lykewayes that the cautioners of these that are 508 BOOKE OF THE UNIVERSALL [1602. suspect of religion, and were be his Majestic ordayned to pass off the countrey be straitit, coriforrae to their bond, and speciiilly for Patrick Butler, Patrick Mortimer, and wthers, and themselves be lykewise charged for breaking of the said bond. Sessio 3 . Anent the summonds raisit at the instance of the provinciall of Lothiane and Tweddall, against Dame Helenor Hay, Countess of Lithgovv. makand mention, That in the proces of excommunica- tione led and deducit against her, be the presbytrie of Lynlithgow, she had made appellatione from the said presbytrie unto this pre- sent Assemblie, and therefore ordayning her to be summoned to compeir before this Assemblie, the third day thereof, to prosecute her appellatione, with certificatione, and schoe failziet, the Assem- blie wald allow of the proces led and deduced against her be the said presbytrie, as at mair lenth is contained in the saids summonils, of the date, at Edinburgh, the 3d of Nov. 1602: — the samen being callit, the Assemblie continowes the same in the selfe same force and effect to the morne. The brethren appoyntit for visitatione of the presbytries in the last Assemblie qwho were ordaynit this day to produce their dili- gence in wreit, being callit, compeirit Mrs David Lyndsay and John Spottswood, Commissioners for Clydsdaill, Mr Andrew Knox, for Aire ; Mrs James Nicolsone and Robert Harvie, for Fyfe ; Mr Robert Durie, for Orknay ; and Mr George Gladstanes, for Cath- ness ; and producit their diligence in wreit. The rest of tlie Com- missioners either were not present or had done no diligence : Qwhilks diligences producit, the Assemblie ordaynit to be visited be the brethren, Mrs John Hall, Walter Balcanquall, Patrick Walk- ingshaw, Archibald Moncreiff, and James Andersone, and thereafter to report what they have found in it to the haill Assemblie. The said day, the Commissioners qwho were appoyntit in the last Assemblie, for planting of burrow townes, vaikand and waitand upon his Majestie, qwho were ordaynit tliis day to pro- duce their diligence and proceedings in wreit, to the effect they might be tryit be the brethren, and either allowit or disallowit, con- forme as they deserved, — being callit, they compeirit ; and in name of the rest, Mr James Nicolsone, minister at Meigle, producit their proceedings in wreit, qwhilk being openly read in presence of tlie haill Assemblie, and tlie brethren being demandit be the Modera- 1602.] KIRK OF SCOTLAND. 509 tor, if they had anything to say against the same, or against them in any other head therefore ; after the particular votes of every anfe of the Commissioners was speirit, the Asserablie allowit of the saids proceedings, and thanked God for the same. The qwhilk day, the brethren conveint in this present As- semblie, having considerit nothing is more necessare for the ad- vancement of God's glory, and his trew religione within the same, than that the chiefF rowmes and places within the countrey, such as are noblemen's houses and families, be plantit with learnit and dis- creit pastors, able not only to instruct and confirme the saids noble- men, their wives, children, and families, in the trew fear of God and sincere religion presently profest within this realme, but also qwho may be their provident care and diligence, procure that the families of such noblemen be not corruptit with the company of profest Papists, Jesuites, and wthers Seminary Priests, qwho goes about dally to smore and put out the sparks of trew religione and knawledge of God kindled in the saids noblemen's hearts ; and be- cause presently such men cannot be found to undertake the charge of the said noblemen's families, as said is. Therefore, the Assemblie hes thought good, that for a tyme, brethren meitest for the purpose sould be borrow it from their awne places, to remaine for the space of ane quarter of ane year, continwally with the saids noblemen, be qwliais labours in the meantyme, qwhill ane constant and perma- nent provisione may be found out for planting of these roumes, the saids noblemen and their families may beconfirmit in the truth, and the enemies thereof debarrit from their companies, and thereafter to returne to their awne charges : And in the meantyme, that the presbytries take order that their places be furnischit dureing their absence, and therefore they have elect and nominat the brethren following, to await upon the saids noblemen dureing the space fore- said, viz. Mrs William Scott, minister at Kennaqwhy, to remaine with the Marquess of Huntlie ; for the Earle of Erroll, Mr Alex- ander Lyndsay ; for the Earle of Angus, Mr James Law ; for the Laird Hoome, Mr James Carraichaell ; for the Laird Maxwell, so long as he remaynes in the Castle of Edinburgh, Mr Henry Blyth ; for the Lord Heres, Mr Robert Wallace ; for the Lord Semple, the Presbytery of Irvine, during his residence within the same ; and in caice he remaine within the Presbytrie of Paislej^, the said Presbytrie to awayte upon him : and lykewyse for the Earle of Sutherland, the Presbytrie of Edinburgh, because he makes 2 L 610 BOOKE OF THE UNIVERSALL [1602. residence within the same : And in caice any of the noblemen make their residence any tyme in Edinburgh, or within the Presbytrie thereof, the Assemblie ordaynes the Presbytrie of Edinburgh to direct two brethren of their number, with the like power as the brethren above specifeit, to awayte upon every ane of the saids noblemen that shall be found resident within their Presbytries ; qwhilks brethren forsaid, and every ane of them, shall receive the articles in wreit frae this Assemblie, wherein they shall travell with the saids noblemen ; qwhilk articles the Assemblie ordaynes to be pennit be Mrs James Melvill, James Nicolsone, Patrick Gallo- waj', William Scott, and Alex'. Lyndsay, to be given in the raorne to the Assemblie, that the brether may consider the same, the tenor qwherof follows : Instructiones for the Brethren appoyntit be the General As- semblie to attend upon the Noblemen above specifeit. 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 con- tinuall, dureing the qwhilk tyrae your principall care shall be pub- lick doctrine, by reading and interpretatione of the Scriptures ordi- narly 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 prescry vit for your remaining there, aud let this action begin and end with prayer. 3. Preass to have their houses purgit of all persons living inor- dinatly, 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 1602.] KIRK OF SCOTLAND. 511 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 sub- scrivit 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 remains with the saids Lords, in the books of the Assemblie. The brethren appoyntit to visite the diligence of the visitors ap- poyntit in the last Assemblie, finds fault that in all their diligences producit, except of Caithnes and of Fyfe, the visitors hes not ex- actly tryit the lyfe, doctrine, and conversatione 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 par- ticular, 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 lawfuU Commissioners, for visita- tione 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 Alexr. Rawsone ; for Ross, Mr David Lyndsay ; for Morray, Mr Peter Blackburne, Abraham Sybbald ; for Aberdeen, Mrs W™. Scott, Alexr. 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 512 BOOKE OF THE UNIVERSALL [1602. Robert Howie ; for Lothiane, Mrs Patrick Scharp, John Cowper j for Merss and Teviotdale, Mrs John Carmichaell and James Law ; for Clydsdaill, Mrs John Spottisvvood, William Arthure ; for Aire and Irving, Mrs Andrew Boyd, John Hay ; for Niths- tlale 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 comraittand 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 coramittit 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 liaue 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 con- ventiones 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, conforrae 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 ac- cording 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\ The said day it being considerit be the Assemblie, that for inlaike of ane constant and uniforme order of visitatione of synods, pres- bytries, 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'". 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. 1602.] KIRK OF SCOTLAND. 513 The qwhilk day the brethren having considerit the great travells and paines taken in [be] their brother, Mr John Howisone, in an- swering to Bellarmine in three sundrie volumes, and how profitable the same will be to the kirk of God, qwhilk he presentit to the As- semblie, 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? theyproducit 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 Majestic. 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 there- after 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 prin- 514 BOOKE OF THE UNIVERSALL [1602. cipall 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 Com- missioners 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, qvvhilk 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 Car- michaell, William Scott, John Cawden, John Fairfull, James Nicol- sone, Andrew Larabe, 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 peti- tiones, 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 allerit 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 Assem- blie, the qwhilk act therefore wald be sichtit and cleirly inter- preted. 4. That the government of the chief matters of the Kirk con- tinows in the hands of a few number, under the name of a Com- mission, to the prejudice of the liberties of the Synods and Pres- bytries. 5. That the Doctors beiring ordinar calling in the Kirk, be the discipline and custome thereof, are debarrit from the Assem- blies. 1602.] KIRK OF SCOTLAND. 615 6. That the Assemblie hes taken no tryall, hithertill, anent the cautiones sett downe for avoyding of corruption in the Commis- sioners' 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 ene- mies. 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 comrauni- cat to the watchmen, whereby they may make the faithfuU 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, not- withstanding of the frequent remissions obtainit be criminall per- sones, 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 fol- lowit furth. Anent the act made of before, against such persones as abstaines from the holy communione, either for Papistrie or coUourof 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 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 516 BOOKE OF THE UNIVERSALE [1602. 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 no- ble 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 war- rant for passing of noble or gentlemen's sonnes furth of the coun- try, 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 re- ligione, 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 loth day of February nixt to come, under the paine of deprivatione, provyding he be first suffi- ciently provydit be his Majestie ; and lykewayes ordaynes Mr An- drew 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 Robert- sone 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*. The brethren appoyntit for penning the forme and subject of vi- sitatione of kirks, gave in their advyce as foUowes : 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 1602.] KIRK OF SCOTLAND. 517 kirk be some other brother then the minister of the place, that it may be devvly 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 Pres- bytry 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 neeessare helps that may inable him in his calling, with what fidelitie and prudence he dis- charges 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 paro- chine, upon his manss and gleib ; — if his awne life and the gover- ment 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 establish- ed session of elders and deacons ; if he keeps ane weekly conven- tione 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 carefuU 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 historic; what Commentaries he hes upon the Scripture, and speciallie upon his ordinar text ; if he hes the Acts of the Councill of and what wther wreits of the controversies of religione, and if he 518 BOOKE OF THE UNIVERSALL [1602. uses the conferrence of brethren for his reformatione in the doubts that he finds in his reading, and of qvvhom ; if he hes ana ordinary course of reading the Scriptures, ecclesiasticall stories, and contro- versies ; 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 vic- carage, 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 sti- pend thereat, in caice it be not already sufficiently provydit, and sicht the Sessione Book. The breither beand removit, let the Pres- bytrie be inquyrit ane by ane, and declare wpon their conscience qwhat they knaw anent his graces, fidelitie in doctrine and disci" pline, and anent his lyfe and conversatione: after the qwhilk tryall let him be judgit, and either allowed or admonisched, or wther- wayes 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 pro- faned be keeping of mercats and labouring, specially in tyme of harvest : and as they finde in the premisses, to take order for refor- matione of the poynts forsaids. Tryall of the Presbytries. Let the Moderator be inquyrit if they keep up ordinar conven- tions; 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 1602.] KIRK OF SCOTLAND. 519 divisione amang the brethren; qwhat unplantit kirks are in the bounds. Qwhilk forme the Assemblie thinks good, and ratifies and ap- proves 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 Gene- rail 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 6 of June 1592 years, qwherof the tenor foUoweth, so far as con- cerns that poynt : " And sicklyke ratifies and approves the Generall Assemblies appoyntit be the said Kirk, and declares that it shall be lawfuU 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 dissolv- ing 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 Session 10, the de- syre 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 refu- tatione of such ane error, for the rebuke of such ane vyce, for com- forting of a person or people in such a case ; and as for particular BOOKE OF THE UNIVERSALL [1602. and personall applicationes, leaves it to be advysit qwhither it shall be in lyme coming or not, and how far any thinks good that this be reasonit in tiie Presbytrics, and then commission sent with their reasons to the next Asseniblie thereanent ; and, in the meantyme, no invocatione to be wsit anent personall applicationes. 4. Let all commissiones be giuen and wsed from this furth, ac- cording to the four acts of the Generall Assemblic. 5. Finds that doctors hes had, and may have, vote in the Ge- nerall 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 1581, qwlier it is found and declareit be the act of tlie 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 com- ing, under the paines contained in the acts made thereanent an- swerit in the Assemblie. 7. Acquiesces in the declaratione of the brethren that hes spoken to his Majestic thereanent, and desyres Air Walter Balcanquall to scliaw the same to the Assemblie, and how the Presbytrie of Edin- burgh is satisfyit in this poynt. 8. Let their names be given up, that his Majestic 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 Majestic 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 con- siderit the necessitie of appoynting Commissioners from this pre- sent 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 Majestic anent the balding furth of the enemies of the same, qwhen they shall be requyrit be his Majestic thereto ; Therefore the breth- 1602.] KIRK OF SCOTLAND. 521 ren 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 Gladstaues, David Iloome, John Clapper- toune, John Ktiox, 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 Majestic's ministers, or any nyne of them, — Givand, grantand, and commit- tand 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 Majestic to be greivit at any of the ministers for qwliatso- ever enormilie comraittit 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 Couven- tione of Estates and Parliament, if any shall happen to be, and to crave redresse of the samcn — promittcn 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 distract! )ne of labour, nut only in harvest and seed-tyme, but also euery Sabbath, be fischitig both of wliyte fische and sal- mond 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 Majestic, 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 accept it, 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 re- ligione within this realme, after that the King's Majestic had made declaratione of his godly intenlione thereanent, how that his Majes- 522 BOOKE OF THE UNIVERSALL [IG02, tie 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 com- petent livings to every ane of the kirks within the bounds of An- nandale, 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 M'ithin their presbytries, and willing to enter in the ministry, to the effect they may be exhortit and earnestly dealt with be the Commission- ers 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 discre- tione be wsit with them, they then refuse to accept the saids call- ings 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 direc- tione ihey refuised, and be content to be employit in any part qwher they shall think expedient ; and in caice they be already ac- tuall 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 sail 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. Brcchine, Mrs Henrie FuUartone. Mr Dougal Campbell. Thomas Hague. Aberbrothock. Mr Thomas Glover. Dundie. Mr David Lyndsay. Mr John Serymgeour. 1602.] KIRK OF SCOTLAND. 523 St Androis. Mrs Wm. Wedderburne. Mrs David Wilkie. Peter Bruce. David Kynneir. Perth. Mrs Thomas Ross. Mrs Alex. Balnauis. James Ross. Patrick M'Gregour. Mass. Mrs John Spottswood. John Gibsone. Irvine. Mrs Robert Boyde. James Mont^orarie. Mrs George Clidesdaill. David Lyndsay. Mr Wm. Struther. Mrs Mai. Hamiltoun. Ro*. French. '•ick. 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 com- montie 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 de- pryvit 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 spe- ciall, ane of the leits given in be them, viz. Mrs David Barclay, Wm. Arthure, Alex. Scrymgeour, Wm. Watsone, or Hew Fullar- tone ; 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 conlainit 524 BOOKE OF THE UNIVERSALL [1602. iij their said supplicatione : The Assemblie, after voicing, hes chosen Mr \Vm. 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 tiiocht good be tiie brethren, to be meinit, that notwithstanding his Majestie's good meaning and intention to have all the kirks within this realme sufficiently plantit with mini- sters with competent livings appoyntit for them, and albeit it was provydit be tlie act of Februar, and approvit in Parliament, that all the thirds of the benefices soulil be applyit to the wse of the mini- stry ay and qwiiiil the kirks were plantit, and that pensiones given in prejudice thereof should be null, yet be iniportune suiting, ane great part of the saids thrids are disponit in pensione, to the great hinderance not only of tiie present ])rovisione of the ministry, but also of the constant platt qwhilk his Majestic intends ; desyrand therefore that his Majestic were informit thereof, and tak sucii or- der that the saids dispositiones made in contrair the said act of Februar should be rctreatit, 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 Majestic maist willingly grantit, and promised to stay all further giftes in all tyine coming. Item, The Assemblie tbocht expedient to adjoyne and nominat wthers out of the number of the brethren to be adjoynit to these, qwiiilks were nominat be the Commissioners of Provinces conveint at Ilalyrudehouse, the 15th of October 15G0, out of the qwhilk number his Majestic should make choyce of such as he should pre- sent to the benefices vaikand. The names of them all are as fol- lows : Mrs Robert Pont, Robert Howie, James Nicolsone, Ak■x^ Scrymgeour, John Forbes, Gavin Hamilton, George Muriro, James Robertsone, John Howiesone, James Melvill, Andrew Knox, Pa- trick Galloway, Alex"". Douglass, Alex^ Lyndsay, Robert Wilkie, John Spotswood, \Villiam Malcolme, Alex"". 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 Majestic, in favours of Mr Robert Bruce : his Ma- jestic dcclarit that he wold doe in that matter be the advyce of the Commissioners of the Generall Assemblie, and Mr Rob*, be his 1602.] KIRK UF SCOTLAND. 525 awne behaviour should give him occasione ; and because Mr Rot. Bruce had be his missive direct to his Majestic before his de- parture off the couiitrie, as also by the ratificatione and farther examinatione and explanationo thereof, in write, at Pertli, the 26th of July 1602, declareit his resolutione of his Majestie's innocencie, and guiltiness of llie Eail of Gowrie and his brother, and promised to direct the people so Carr as in iiim lay, from their lewd opinions and uncliaritable constructiones anent his Majestie's actiones, name- ly, in this turne; '1" here fore, his Majestic desyrit the determinatione of the Asscmblie, qwhilher, if the said Mr Robert sould likewise make the same dcclaratione in pulpit, according as it is at lenth sett downe in the said missive and explanation thereof, at Perth, qwlicr- of the tenor follows : Please your Majistie : Hearing that your Majestic was nothing rclentit of your wrath against me, and now being upon the poynt to scliaw my obedience to your Majestie's last charge, I could not omitt this as my last dewlie, to intreat your Hiencs' clemencie, and to mitigat the extremetie of this intendit wrath. I am not ignorant that the wrath of tiie 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 perpeluail preservatif)nc. Tlien to be schort : To schaw my conformitie with tlie rest of my brcther of the ministry, as at all tymes, so now especially, to schaw my re- verence to your Majestie, and to clear my suspectit affections here- in, I offer to give to the Father of our Lord Jesus Christ, in him, and through him, most hearty thanks for all your ALajestie's deliver- ies, from your cradle to this present houre. But namely, for that deliverie qwhilk he delyverit to your Majestie, in St Johnstoune, on Tuesday tlie 5th of August, farr above all your >Lijestie's de- serts, 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 construc- tiones of your Miijestie's actions, — namely in this turne. FinaUie, there is uo 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 Majes- 2 M 626 BOOKE OF THE UNIVERSALL [1602. tie's reign, qwhilk I most humbly crave of your Majestic — beseek- and 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 subscrihilur. Mr RoBT. Bruce. And upon the back thereof, " At Perth, the 26th of June 1600. Farther, concerning the heids within containit, I am resolvit of hia 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 couiitrie ; in his Majestie's delyverance, for the qwhilk I thank God from my heart. — Sic aubscribilur. Mr llo^. 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 contiriwall 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 conde- scendit unto the same. Jtem, 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 teach- ing and preaching every Tuesday, in remembrance of the delyverie of his Majestie that day of the week, and that every fyflh day of August there be preaching within every paroche kirk within this realme, to burgh and land, thankand God of his Majestie's delyver- ance 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 1602.] KIRK OF SCOTLAND. 527 at the landwart kirk shall, upon the Sunday preceding tiie 5 of August, make intiinatiorie to his parochiners to convene the said day in the kirk with him, to give God thanks for his Majestie's de- lyverance. And to the effect that all ryotousness, drunkenness, and wther filthie exercises, may be rcstrainit, his Majestic promised to cause all insolencie in behaviour to be dischargit and forbidden yearly, be open proclamatione, and magistrals to take order with the contraveiners thereof. Item, The Asseiublie ordayncs that no marriages be celebrate early in tiie njorniug or with candlelight, and finds lykewayes that it is leisum to celebrate the said band of marriage upon tlie Sabbath day, or any wther preacliing day, as the pairties shall requyre and think expedient : and ordaynes the same to be indifl'erently done, and tiiat no ryotousncss 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 ano Chris- tian confession of his faith, upon any wther particular pretence, and specially, that baptisme be not delayit to ct-rtaine 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 Tarbtt, sett be Mr .Julin M ifiro, and lyke- wayes be Mr David Lyndsay, Bishop of Ross, the yearly dewtie qwherof, albeit it extends only to the soume of two hundreth punils, neverthelesse he, for the better intertainment of the actuall minister at tiie said kirk, lies condescendit to convert the said soume of twa hundreth punds in twa chalders of bier for ane constant sti- pend to the said minister and his successors, ministers at the said kirk of Tarbett, upon conditione that the ministers of the Presby- trie of Ilosse, 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 ob- tainit thereto, as at mair lenth is contained in the said supplicatione: The Generall .\ssemblie ratifies and approves the said tack and as- sedatione, 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 suffi- ciently plantit be the moyen forsaid. Anent the supplicatione given in be Mr Patrick Carmichaell, mi- 528 BOOKE OF THE UNIVERSALL [1602- nister at Aberdour, niakand mention, tliat 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 Aber- dour and Dalgatie, and for his service sould uplift the old stipend of baith the saids kirks, ayandqwhill 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, de- svrand, 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™. Patone, minister at Dalgatie, conforme to his assignatione of the cropt 1601, except the viccar- Qcre of Aberdour, qwhilk they adjudge to pertaine to the said mi- nister 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 thevbein"- a great multitude, and farr distant from their paroche kirk of Leuchars, they, with common consent of the liaill parochi- ners, 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 couditiones to be observit be hir, q«hilks con- ditiones, albeit schoe, of the stubbornness of her heart, wold no wayes condescend unto, to his great grief and sorrow, neverthe- less, the brethren sould have consideratione of his hard estate, who cannot, be no law, separate himself from her, notwithstanding that 1602] KIRK OF SCOTLAND. 529 schoe refuUes to hear and obey the wholsome voyce of the Kirk, calling her to grace in Jesus Christ ; and tfiat the rather because he himself, as he hes continuallie and constantly profest the truth and religione presently profest within this realme, so be hes used all means pcirsible to bring his house to the trew knawledge of the same ; Lykeas also he is ready in his power, be all good meane* to draw her to the truth ; desyrand, therefore, the Aisemblie 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 Assem- blie having considerit the sapplicatione, continows the sentence of excommunicatione against her unto the nixt Generall Assemblie, provyding that the King^s Majestic remove his Hienes daughter out of her companie, and lykewise that his Lordship's baimes be cate- chised in the truth, and that his Majestic give command to him to debarre all Papists from his house, and that in the meantyme hi« 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 wiih the ministrj- of the kirk of Kiilelane, for the causes and considerationes knawo to them, and speciallie for a great roys- lyking 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 moven, 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 discosst, desyreing therefore their reasons to be heard, and after dew tryall, that the Assemblie wald give their finall sentence in the said mat- ter, 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 530 BOOKE OF THE UNIVERSALL [1602. of Killelane, as said is, Ihey think it not good that he be plantit minister at the said kirk, and therefore ordaynes him to desist ther- frae, and dimitt the presentatione made to him of tiie benefice there- of 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 diniissione, 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 Majestic shall think expedient in the south-west parts, with sufllicient 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 FuUertoune. 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 Less- wade, 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 ra- tifie and approve the saids tacks, and declare the same alse suffi- cient as if ane speciall licence had been obtained thereto : The As- semblie 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 con- descendit to give the number of 15 chalder victuall, by and attour the dewtie of his tacks, for the better provisione of the ministrie at 1602.] KIRK OF SCOTLAND. 531 the said kirk of Glasgow, upon conditione that the present persone sould ratifie and approve his present tack that he hes to lunne of the said teinds : The Asseniblie thinks the conditione reasonable, and therefore ordaynes the persone to ratifie the same, and declares that the said Cominendator 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 chiet'est dangers appciraiid to the estate of religion and quyetness of the countrie, and of the principall causes thereof, and how the samen micht be most efTectuallie preventit, with power to them to conclude and to oomiiiunicat their best advyces to his Majestie thereanent, and to the Presbytries so far as siiall be found expedient: The As- semblie finds the samen most requisite, and for the effect above- written, nominats, &c. with power, as said is. The qwhilk brethren having at lentil communicat their informa- tione, together with their awne knawledge anent the premisses, Finds that ane of the chiefest causes of danger proceeds from the miscontenlment of some malicious and wicked Papists, that rages and leaves nothing unessayit to trouble; for being out of all esper- ance to have liis 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 gryt- est 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 tlie hope of ad- vancement of gaine to be had in the change of the present gover- ment, 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 532 BOOKE OF THE UMVERSALL [1602. shall be iiiformit liereanent, that be hisawne care and foresight such ungodly plots and counsells may be frustrate, and suchlyke that every minister within this realine shall deall generally with their congregationes and auditors at all occasiones in their puljlick doc- trine in pulpit, and with all noblemen, barrones, gentloniGn, and uthers that are of any special! credite or power, particularlie in their private conferrences, persuading them of the King's honest mynd toward the establisciiing of the trew rcligione presently profest with- in 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 qwheroof he acknow- ledges 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, niislykes the present government, and arc inclynit unto novations, jind qwhom they see in any ex- traordinar kinde of bussiness by their custome, and that they make his Majestie's Ministers acquaintit thcrwitli, not ceasing in the meanfyme to bring tliem to ane quiet minde ; and for this effect that in all their ordinary meetings in Sessions, Presby- tries, and provincial! 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 thouglit 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, infornie the Presbytries of the estate of things as they proceed, so far as it is needfuU 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 1G04 years. Thanks beand given to God be the Moderator for the comfort- able successe of this present Assemblie, the brethrene were dis- missed. 1602.] KIRK OF SCOTLAND. 533 We have now completed the record of all the General Assemblies of the Church of Scotland, held in and betwixt the years laGO and l(i02 inclusive. The Acts of these Assemblies constitute all that arc regarded as authoritative by the Pres- byterian Church. niere were Assemblies, indeed, in the years 1606, 1608, 1610, 1616, 1617, and 1618; but the General .Assembly of Glasgow, lield in the year 1638, decreed " every ane of them to have been, from the beginning, unfree, unlawfull, and null .Assemblies, and never to have had, nor hereafter to have, any Ecclesiastical 1 authoritic, and their conclusions to have been and to bee of no force, vigor, nor efficacie ; prohibited all defence and observance of them, and ordained the reasons of their nullitie to be insert in the Books of Assembly."* And in tlic Assembly of 1639 it was also declared, tliat the proceedings of these Assemblies " be hereafter accompted as null and of none effect." f The Acts of those Assemblies thus repudiated, have ever since been regarded by the Church as of no authority. As, however, the proceedings in five of those Assemblies are contained in the MS. copies of the " Booke of the Kirk " to which we ha*e had access, and as, although api)cryphal, the .\cls which are recorded tend to illus- trate the history of the Church during the period to which w c TL-far, we intend to include them in this print of tlie whole Book as we find it, but separately, and completely apart from tlie Acts of the legitimate Assemblies. Before, however, proceeding to do so, it is considered expedient to include, at part of the genuine record, an autlienticated Copy of the Book of Policie. When the transcript of the record for the year 1 58 1 was put to press, and when the " Heads of I'olicie," (or Si-cond Book of Discipline,) should have lieen inserted as engrossed in the register, and as p.-rt of the proceedingvof the .As- sembly held tliat year, the Kdilor did not consider it necessary to do so ; inasmuch as many printed editions of that tlocument wi-re to be found in various publications. Since that portion of the work, however, was printed off", he has been led, by Ins inquiries, to the conclusion, that none of those editions which he lias yet seen are perfectly accurate. lie has arrived at this conviction by the discovery of an aut/ien- ticaled copy of it, attested in the year 1 j9l, under the hand of Jas. Richie, the clerk of Assembly, and by the signatures of the Presbytery of Haddington, in terms of an Act of the General Assembly. He has collated that copy w ith others, and now deems it his duty to incorporate in this work an exact transcript of it, the authenticity being thus satisfactorily established. The importance of doing so, and the addition of some collateral circumstances connected with the Book of Policie, have been suggested to him by the fact, that the chief basis of the celebrated actanlnt calls is alleged to be found in that document, and much argument lias been founded, both in the Ecclesiastical and Civil Courts, on the interpretation of various passages in it, and the authority that is due to it as an assumed record of the "fundamental" principles of our Establishment. It is therefore desirable that the Church and the Country should be put in possession of a genuine copy of a production, from which practical inferences of so much moment have been deduced. • Vide Acts of .Assembly 163P — (4th Dec.) — Records of the Kirk of Scotland, p. 24. t Ibideir— Records, p. 205. f)34 BOOKF. OF Tin: INIVERSAI,!. KIKK, kc. In the Haddington MS. %oIumc, (a small quarto,) from which the foregoing copy of the Book of Policy has been transcribed, there are various other docu- ments ingrosscd, for the guidance of that Presbytery in its proceedings, lliese arc— 1. ExtracU from the Act of Assembly, 8th .\ugust 1590, Sess. 10, and 5th July 1691, Sess. 4, witli reference to sul>scriplion of the Book of Policy by Presbytries, and the clerk supplying them witli copies for tliat pur- pose. 2. " Ane Forme of sundrie Maleris to be vsit in the KIderschip." 3. Tlie Book of Policy al>ove inM>rted. 4. " A Schort Soume of tlie wholl Actis of the Kirk, takin out of the Buik of Discipline and Ilcgisters of our Assemblies, for the instruction of Mi- nisters and lleadaris in tliair office" — under the lii-ads of " Doctrine" — " Exaniinatione"— " Minitlrie" — " Discipline" — " Policie." Among these we find in the Collection of Forma (5?) thus recordcl, several documenU which illustrate the mode of settling ministers about the year l.'jOO, vii. n Prc«.bytcrial Warrant for " Collation" — t)ie " Institution" — the notarial " Instrument tharupon" — " ane Commission of a Benefice" — a " Prmenlation of a I.aick Patron of ane new erection." There are also " Obserrations of the Conferences botwix the Kingis Majestie and CounselU Commistionars and the Kirks, with the Judgement of the (icnerall Assembly," which appears to Im? at- tested by Richie, the Clerk of .Assembly. All these are valuable, as evidenU of the practice and history of those times ; and they will form a part of the Notes and lilusiralions which we purpose to subjoin — without which, indeed, the Bookc of the Kirk alone would be insufficient to aflbrd a satisfactory view of the Uvn and usages of the Church of Scotland during the first sixty years of its exist- ence. It is gratifying, however, to have been enabled to lay before the Church and the Country at present, a Copy of the Book of Policy of undoubted autlien- ticity, as well as to complete the publication of all the earlier authoritative Acts of Assembly. May 15, 1839. HEAl)l> \\l> < <>N« M^l" 'M> I'oLK I! or nil. kii:k Vidt Ob»*r»»tion« of the Confcwjcw bc<«ii the King^ M«j«ti« Countcll and Ui« Kirkt Committionrn. •">> «>'«• jud^'mcni of the G*nrr«ll A»«cfnblir. p. 639. 873. CAT. 3. Tbe Srtint Article lo be farther ronuderit TIIK nUNClPAI.I, MATKRIS MEIRIN CONTEMT. 1. Onr the Kirk, and Policic thairof in gent-rall, and qwlioirin it i% difTcrent from the ciuill policic. 2. Oft" the partis of the I'olicic of the Kirk, and |)cr»oni» or office-bi-ircr* to (|wliQiiic the same is cuminittit. 3. How the pernonis thnt Inar ecclesiastical funclioun ar admiltit to thair o(lice«. 4. Oir the pasturis, or ministeris in ipeciall, and their functiotin in the Kiik. 5. Oil" the doctouris and scole*. 6. Oir the eldarit and thair office. 7. OfT elilcrschippis and Assemblei*. and of discipline. 8. OH' the denconis and thair oftice. 9. Oft' the patrimony of the Kirk, and distnbutioun thereof. 10. Off the oftice of ane Christianc magisirat in the Kirk. 1 1. 'J'lie present abusis in the Kirk qwhilk we di-^yr to be reformiL 12. Qwhat kynd of rcformatioun we craue. 13. Ofl*thc profilt that sail flow of this reformation to all wiaits. [HEADIS AM) CONCLUSIONIS. &c.] [CAP. I.] Oft llif Kirk and Polici.- ihairof in generall. ami quhairin it is dif- ferent fronic tlie Ciuill l*olicie. I. The kirk of God »umtynio« i« lorgelie takine for all lliaine that pro!.-..*.*. I lie tvanf,'..|| of Jtinis CliryM, an.i 80 it i« am- com- pany and f.-llo« ..cl.ipf. not onlie of tl.r noiWw, hot aUo of hy|»ocritli», profcHsing alwayi* outwartlic ane tr»-w nligioun. •2. I'tlier tvmis it in Inkinc for the godlic and elt-ct oidif. 3. And »umlyii..» for ihame qnho exerce the ipirituall funclioun among the congn-galioun of thanir that profn. ihe ireutli. 4. The kirk in llii* la»t »encc, hen ane cirtan.- power grant il bo (iod. according to the quhilk, it um ane proper jurisdiclioun ane putt in .x.cutioun be thame, unto quhoin the hpiriluall gouernamint of the kirk, be lawful calling, is committiu G. The policie of the kirk, flowing fra tlii* power, is ane ordour or forme ofi^pirituall gouernament, quhilk is exercit be the memberi* appointil thairto \h- the word of (Jo.l : An.l thairfoir is gevine im- mediatlic to the ofVi-. -h. irars. l.e (juhome il is exercit to the weill of the haill bodie. 7. This power i* divir:,!!. vsil : For sumtynus it ^s Mu.rallie exer- cit, (chitrtie he the ttacheris,) MMnlynie coniuncllie be niutuall con- sent of thame that bear the office and charge, eftrr the forme of iugement. The former is commonlie callit potestas ordim^ and the vther potestas Jurisdicttonis. 8. These two kyndis of powtr have basth ane aulhorilK, auc 538 HEADIS AND CONCLUSIONIS ground, ane finall caus, bot ar different in the maner and forme of executioui), as is evident of the speikiiig of our Master in the IG and 18 of Matiiow. 9. This power and policie ecclesiasticall is different and distinct in the awin nature fra tliat power and policie quhilk is callit the ciuille power, and appertenit to the ciuille goucrnanient of theconi- nioun welth : Albeit tliay be bayth of God, and tend to ane end, gif thay be riciitlie usit, to u-it, to aduanee the glorie of God, and to haue godlie and guid subiectis. 10. For this power ecclesiasticall, flowis iinrnediatlie fronie God, and the Mediator Cliryst Jisus, and is spirituall, nut having ane temporall heid on eirth, bot onlie Chryst, the onlie spirituall King and Gouernonr of liis kirk. 1 1. Thairfoir this power and policie of tlu' kirk, sould lene upone the word of God iinnu-diatlie, as the onlie ground tharof, and sould be tane fronie the pure fountanis of the Scripturis, iuiring the voce of Chryst, the onlie spirituall King, and being rewlit be his lawis. 12. It is ane title fal^^lie usurpit be Antichrist, to call himself heid of the kirk, and audit not to be a'tribulit to angell or to inatie, of what estait soeuir he be, saifting to Chryst, the Ileid and otdie Mo* narclie in this kirk. 13. It is proper to kingis, princes, and magistrats to be callit Lordis, and doniinators ouer thair subiectis, quhom thay gouverne civillie, bot it is proper to Chryst onlie, to be callit Lord and Mais- ter, in the spirituall gouernament of the kirk, and all uthers that beris office thairin audit not to usurp dominion therein, be callit Lordis, bot onlie ministeris, disciplis, and servandis ; For it is Clirystis proper office to command and reuU his kirk universall, and euery particular kirk, throw his Spirit and word, be the miriistrie of mene. 14. Notwithstanding, as the ministeris and vtherisof the ecclesi- asticall estait, ar 8ubifct to the magistrat ciuillie, swa audit the per- sone of the magistrat, be subiect to the kirk spirituallie, and in ec- clesiasticall gouernament. 15. And the exercise of bayth thais jurisdictionis can not stande in ane persone, ordinarlie. 16. The ciuill power is callit the power of the sword; the uther the power of the keyis 17. The ciuile power sould command the spirituall, to exerce and do thair office, according to the word of God : The spiritual rewlaris OF THE POLICIE OF THE KIRK. 539 sould require the Ciiristiane magistrat, to miniBter justice, and puiiiesh vyce, and tu mantene the libcrtie and quyetne? of the kirk within thair boundis. J6. The magistrat commandeth externall thingit) for externall peax atxl quyt-tnes au)angis the sulyectis : The niinisterie haudlit exttrnull tliingin onlie, for conscience cau<. 19- The magistrat handlit onlie externall thingis, and actionis done befuir men : Hot the spirituall rewlaris iuge baith inuart af- fectionis and externall actioni-^, in respect of conscience, be tiu* wortl of God. 20. The ciuile magistrat Liavis and gettis obedience In- im- sword, and uthcr externall metiis: but the ininistrie be the spirituall sword, and spirituall meanis. 21. The magistrat nather audit to preache, minister the sacra- nientis, nor exccut the censouris of the kirk, nor "set prescryve ony reuil how it sould be done; bot cumniand the ministrie t(» obserue the reull coinmandit in the word, and putiishe the Irunsgressouris be ciuile meanis: The minisleris exercc not the ciuile Jurisdictiouii, bot teaches the magistral how it suuld be exereit according to the word. 22. The magistrat audit to assist, manleno, and fortiHi> the juris- dictioun of the kirk: The ministeris sould osftist thair princes in all thingis aggreable to the word ; providing thay negleck not their awin charge, be involving thame seltis in ciuile effairis. 23. Fiiiallie, as ministeris are subiect to the iugement and punish- ment of the magistrat in externall thingis, gif thay offend ; Swa audit the magistrat to submit thame selfis to the discipline of the kirk, gif thay transgres in matteris of conscience and religioun. Off tlie Partis of the Policie of the Kirk, and Personis or Office- beiraris to whome the Admiuistratioun thairof is committit. CAT. II. 1. As ill tiie ciuile policie, the haill commoun welth consistiili in thame that ar gouernouris or magistratis, and thame that ar gouernit and subioctis ; Sa in the policie of the kirk, sum ar ap- pointit to be reularis, and the rest of the memberis thairof to be reulit and obey, according to the word of God, and inspiratioun of 540 HEADIS AND CONCLUSIONIS his Spirit, alvvayes under ane head and cheif gouernour, Jesus Chryst. 2. Againe, the haill policie of the kirk consistit in thrie cheif thingis ; in doctrine, in discipline, and distributioun. With doc- trine is joint administratioun of the sacramentis. 3. And according to the partis of this diuision, arisit ane thric- fald sort of officiaris in the kirk ; to wit, of ministeris or preacheris, of eldaris or gouernoiiris, of deaconis or distributeris. And all thais may be callit be ane generail word, ministeris of the kirk. 4. For albeit the kirk of God be reulit and gouernit be Jesus Chryst, who is the onlie King, Hie Priest, and Heid thairof, ^.it he usis the ministrie of men, as ane maist necessarie middis for this purpois. 5. For sa he hes fra tyme to tyme, befoir the law, under the law, and in tyme of the Evangell, for our greit comfort, raisit up men indewit with the giftis of the Spirit, for the spirituall governament of his kirk, exercesing be thani his awine power, throw his Spirit and word, to the building of the same. 6. And to tak away all oecasioun of tyranny, he will that they sould reul with mutuall consent of brethrene, and equalitie of power, euery ane according to thair functionis. 7. In the New Testament, and tyme of the Evangell, he hes usit the ministrie of the apostles, propheits, evangelists, pastouris and doctouris, in administratioun of the word : the elderschip for guid ordour, and administratioun of discipline: the deaconschip to halve the cure of the ecclesiasticall guidis. 8. Sum of thir ecclesiasticall functiouns ar ordinar, and sum ex- traordinar or temporall. 9. Thair be thrie extraordinar functionis : the office of the apostle, of the evangelist, and of the prophet, quhilk ar not perpetuall, and have now ceisit in the kirk of God, except quhen he pleasit, extra- ordinarlie, for ane tyme, to steir up some of thame againe. 10. Thair is foure ordinarie functionis or offices in the kirk of God : the office of the pasture, minister or bishop ; the office of the docter ; the presbiter or eldar ; and the deacone. 11. Thir offices ar ordinarie, and audit to continow perpetuallie in the kirk, as necessarie for the gouernament and policie of the same, and na ma offices aucht to be resauit or be sufferit in the trew kirk of God, establishit according to his word. 12. Tharfore, all the ambitious titles invented in the kingdome OF THE POLICIE OF THE KIRK. 541 of antichryst, and in his usiirpit hierarchic, quhilkis ar not ane of thais four sortis, togidder with the offices dependand thairupone, in ane word, aucht all utterlie to be reiected. How the Personis that bear Ecclesiasticall Functionis ar admittit to thair Offices. [CAP. 3.] 1. Vocatioun or calling, is commoun to all that sould bear office within the kirk, quhilk is ane lauchfuU way, be the quhilk, qualifeit personis is promotit to ane spirituall office within the kirk of God. 2. Without this lauchfuU calling it was neuer leisum to ony per- sone to middle with ony function ecclesiasticall. 3. Thair ar two sortis of calling ; ane extraordinar, be God im- mediatlie, as wer the prophets and apostles, quhilk in kirkis esta- blished and Weill alreddy reformit, hes na place. 4. The uther calling is ordinar, quhilk besyd the calling of God, and inward testimony of guid conscience, hes the lauchfuU approba- tioun and outward jugement of men, according to Goddis word, and ordour establishit in his kirk. 5. Nane aucht to presume to enter in ony office ecclesiasticall, without he haue this guid testimony of conscience befoir God, wha onlie knawis the hartis of men. 6. This ordinarie outward calling hes twa partis ; electioun and ordinatioun. 7. Electioun is the chesing out, of ane persone or personis maist able, to the office that vaikis, be the jugement of the eldarschip and consent of the congregatioun, whom to, the persone or personis beis appointit. 8. The qualiteis in generall requisit in all thame qwha sould beir charge in the kirk, consistis in soundnes of religioun, and godlines of lyf, according as thay ar snfficientlie set furth in the word. 9. In the ordour of election, it is to be eschewit, that na' per- sone be intrust in ony of the offices of the kirk, contrarie the will of the congregatioun to qwhome thay ar appointit, or without the voce of the elderschip. 10. Nane aucht to be intrusat, or enterit in the places alreadie 2n 542 HEADIS AND CONCLUSIONIS plantit, or in ony rowm that vaikis not, for ony Avarldlie respect ; and that quhilk is callit the benefice, aucht to be nothing els, bot the stipend of the minister that is lauchfuUie callit and electit. 11. Ordinatioun is the seperatioun and sanctifeing of the persona appointit of God and his kirk, eftir he be weill tryit and fund qua- lifeit. 12. The ceremonyis of ordinatioun ar, fasting and eirnest prayer, and impositioun of handis of the elderschippe. 13. All thir, as thay must be rasit up be God, and be him maid able for the wark quhairto thay ar callit ; sa aucht thay to knaw thair message to be limitat within God's word, without the bounds of the quhilk thay aucht not to pas. 14. All thir sould tak thais titles and namis onlie (least thay be exalted and puft up in thame selfis) quhilk the Scripturis givis thame, as thais quhilks import laubour, travell and work, and ar naimes of offices and service, and not of idlenes, dignitie, nor warldlie ho- nour or prehemminence, quhilk be Chryst our Maister is expreslie reprovit and forbiddine. 15. All thais office-beraris sould haue thair awin particular flokis, amangis qwhome thay exerce thair charge. 16. All sould mak residence with thame, and tak the inspectioun and ouersicht of thame, euery ane in his vocatioun. 17. And generallie, thir twa thingis aucht thay all to respect; the glorie of God, and edifeing of his kirk, in dischargeing thair dewteis in thair calling. Off the Office-beraris in particular ; and first of the Pasturis and Ministris. CAP. 4. 1. Pasturis, or bischopis, or ministeris, ar thay wha ar ap- pointit to particular congregationis and kirkis, quhilk thay rewll be the word of God, and ouir the quhilk thay watch, in respect qwhairof, thay ar callit suniety mis pasturis, becaus thayfeid thair con- gregationis, sumetymis episcopi, or bischoppis, becaus thay watche aboue thair flokis ; sumetymes ministers, be reasone of thair service and office ; and sumtymepresbyteris and seinouris,fromethe grauitie OF THE POLICIE OF THE KIRK. 543 in maneris, quliilk thay audit to haue, in taking cair of the spirituall gouernameiit, quhilk aucht to be most deir unto thame. 2. Thay that ar callit to the ministrie, or that offer thameselfis tharunto, aucht not to be electit, without ane certain flok be as- signit unto thame. 3. Na man aucht to ingeir him self, or usurp the office, without lawful! calling. 4. Thay qwha ar anis callit be God, and dewlie electit be man, eftir that they haue anis accepted the charge of the ministrie, may not leaue thair functionis. 5. The desertourissouldbe admonisched, and incaice ofobstinacie, finallie exconimunicat. 6. Na pastour may leaue his flok, without licence of the provin- ciall or nationall Assemblie ; quhilk gif he do, eftir adraonitioun not obeyit, let the censuris of the kirk strik upone hirae. 7. Unto the pasture apperteins teaching of the word of God, in seasone and out of seasone, publicklie and priuatlie, alwayis tra- velling to edifie, and discharge his conscience, as Goddis word pre- scryuis unto hime. 8. Unto the pasture onlie apperteins the administratioun of the sacramentis, in lyk maner as the ministratioun of the word : for baith ar appointit be God as meanis to teache us ; the ane be the ear, the uther be the eis and other senses, that be baith, knawledge may be transferrit to the mynd. 9. It apperteinis be the same resone to the pasture to pray for the peple, and namelie for the flok committit to his charge, and to bliss thame in the name of the Lord, qwho will not suffer the bliss- ingis of his faythfuil servand to be frustrat. 10. He aucht also to watclie aboue the maneris of his flok, that the better he may apply the doctrine to thame, in reprehending the dissolut personis, and exhorting the godlie, to coiitinew in the fear of the Lord. IL It appertenis to the minister, efter lawchfull proceding be the elderschip, to pronunce tlie sentence of binding and lowsing upone ony persone, according to the power of the keyis, grantit unto the kirk. 12. It belangis alswa, eftir lawchfull proceding in the mater be the elderschip, to solemnizat the contract of mariage betwix thame that ar joint thairin ; and to pronunce the blissing of the Lord on thame that entir in the holie band. in the fear of the Lord. 544 HEADIS AND CONCLUSIONIS 13. And generallie, all publick denunciationis that ar to be maid in the kirk befoir the congregationis, concerning ecclesiasticall efFairis, belang to the office of the ministrie, for he is as messenger and he- rauld betwene God and the people in all thais effairis. Off" Doctouris and thair Office, and of ScoHs. CAP. 5. 1. Ane of the twa ordinar and perpetuall functionis that trauell in the word, is the office of the Doctour, quha may also be callit I'ropheit, Bischop, Eldar, Catechesar ; that is, teaclier of the Cate- chisme, and rudiments of religione. 2. His office is to oppine up the mynd of the Spirit of God within the Scripturis, simplie, without sic applicationis as the minister usis, to the end that the faythfuU be instructed, sound doctrene teachit, and the puritie of the Gospell not corrupted throw ignorance and euill opinionis. 3. He is different from the pasture not onlie in name, bot in di- uersitie of giftis ; For to the Doctour is gevine the words of knaw- ledg, to oppine up be simple teaching, the mystereis of the fayth ; to the Pasture the gift of wisedome, to apply the same, be exhortatioun to the manneris of the flok, as occasioun crauit. 4. Under the name and office of ane Doctour, we comprehend also the ordour of scoles, in coUegis and universiteis, quhilk hes bene frome tyme to tyme cairfuUie maintenit, alsweill amangis the Jewis and Christianis as amang prophane nationis. 5. The Doctour being an eldar, as said is, sould assist the pas- ture in the governament of the kirk, and concurre with the vther eldaris his brethrene, in all assembleis ; be reasone the interpreta- tioun of the word, (quhilk is onlie Juge in ecclesiasticall matteris,) is committit to his charge. 6. Bot to preache unto the peple, to minister the sacraments, and to celebrat mariagis, perteins not unto the Doctour, unles he be utherwayis ordourlie callit ; howbeit the pasture may teache in the scoles, as he qwha hes also the gift of knawledge oftentymis meit thairfoir, as the examples of Policarpus and utheris testifie. OF THE POLICIE OF THE KIRK. 545 Of Eldaris, and thair Office. CAP. 6. 1. The word Eldar, in the Scripturis, sumetyrae is the name of aige, sumetyme of office. 2. Q,uhen it is the name of ane office, sumetyme it is takine large- lie, comprehending alsweill the Pastouris and Doctouris, as thame quha ar commounlie callit seinors or eldaris. 3. In this divisioun, wee call thais eldaris, quhome the Apostles callis presedentis or gouernouris. 4. Thair office, as it is ordinary, swa is it perpetuall, and alwayis necessar in the kirk of God. 5. The eldarschip is ane functioun spirituall, as is the ministrie. 6. Eldaris anis lawchfullie callit to the office, and having giftis of God meit to exercj'se the same, may not leave it againe. 7. Albeit sic ane number of eldaris may be chosine in certane con- gregationis, that ane pairt of thame may releif ane uther for ane reasonable space, as was amang the Levittis under the law, in serv- ing of the temple. 8. The number of the eldaris in euery congregatioun cane not be Weill limitat, bot sould be according to the boundis and necessitie of the peple. 9. It is not necessar that all eldaris be also teachearis of the word, albeit they aucht cheiflie to be sic, and swa ar worthie of double honour. 10. Quhat manner of personis thay aucht to be, we refer to the expres word, and namelie, the Canonis wryttine be the Apostles. 1 1. Thair office is, als weillseuerallie as coniunctlie, to watche di- ligentlie upone the flok committit unto thair charge, bayth publicklie and privatlie, that no corruptioun of religioun or maneris enter thairin. 12. As the pastouris and doctouris sould be diligent in teacheing and sowing the seid of the word, so the eldaris sould be cairfull in seiking the fruitt of the same in the peple. 13. It apperteins to tliame to assist the pastour in examinatioun of thame that curais to the Lordis table, and in visiting the seik. 14. They sould be cairfull to caus the actis of the Assembleis, als Weill particular as prouinciall or generall, to be put in executioun. 546 HEADIS AND CONCLUSIONIS 15. Thay sould be diligent in admonisching of all mene of thair dewteis, according to the reuU of the Evangell. 16. Thingis that thay cane not correct be privie admonitioun, thay sould bring to the assembly of the elderschip. 17. Thair prineipall office is, to hauld assembleis with tlie pas- touris and doctouris (quha ar also of thair number) for establisching of guid ordour, and executioun of discipline : Unto the quhilks as- sembleis all personis ar subject, that reraane within thair boundis. Of Eldarschipis, and Assembleis, and of Discipline. CAP. 7. 1. Eldarschippis and assembleis, ar constitute commonlie of pas- turis, doctouris, and sic as commounlie we call eldaris, that laubour not in the word and doctrine, of quhome, and of quhais severall power, hes bene spokine. 2. Assembleis ar of four sortis : For ather ar thay of particular kirkis and congregationis ane or ma, ather of ane province, ather of ane haill natioun, or of all and diuers nationis professing ane Jesus Chryst. 3. All the ecclesiasticall assembleis, haue power to convene lawch- fuUie togidder for treating of thingis concerning the kirk, and per- tening to thair chargis. 4. Thay haue power to apoint tymis and places to that effect; and ane Assemblie to appoynt the dyet, tyme, and place for ane uther. 5. In all assembleis, ane moderator sould be chosine be commoun consent of the haill brethrene conveint, quha sould propone materis, gather the voitis, and caus guid ordour be kepit in the assembleis. 6. Diligence sould be tane, cheiflie be the moderator, that onlie ecclesiasticall thingis be handlit in the assemblie, and na melling with ony thingis pertening to the civile jurisdictioun. 7. Euerie assemblie hes power to send furth frorae them of their awine nomber, ane or ma visitouris to sie how all thingis be reulit in tlie boundis of thair jurisdictioun. 8. Visitatioun of ma kirkis is na ordinar office ecclesiasticall, in the persone of ane man ; nather may the name of ane bischop be at- tributit to the visitour onlie ; nather is it necessar to abyd alwyse in OF THE POLICIE OF THE KIRK. 547 ane mau's persone, bot it is the part of tiie eldarschip, to send out qualifeit persoiiis to visit, joro re nata. 9. The fiiiall end of all assembleis is, first to kelp the religioun and doctrine in puritie, without errour and corruptioun : nixt, to keip cumelines and guid ordor in the kirk. 10. For the ordouris caus, thay may mak certane reulis and constitutionis apperteining to the guid behaviour of all the raein- beris of the kirk in thair vocatioun. 1 1 . Thay haue power also to abrogat and abolish all statuts and ordinances concerning ecclesiasticall materis, that ar found noysume or unprofitable, or aggrie not with the tyme, or abusit be the pe- ple. 12. Thay haue power to execut ecclesiasticall discipline and punischment upone all transgressouris, and proud contempnaris of guid ordour and policie of the kirk, and swa the haill discipline is in thair handis. 13. The first kynd and sort of assembleis, although thay be within particular congregatiounis, zet thay exerce the power, auctoritie, and jurisdictioun of the Kirk with mutuall consent, and thairfoir beiris sumtyme the name of the Kirk. 14. Quhen we speik of eldaris of the particular congregationis, we mene not that euery particular paroche kirk cane, or may haue thair awin particular eldarschip, speciall to landwart, bot we think thrie or four, ma or fewar, particular kirkis, may haue ane commoun eldarschip to tharae all, to judge the ecclesiasticall causes. 15. Albeit it is meit that sum of the eldaris be chosine out of euerie particular congregatioun, to concur with the rest of thair brethrene in the commoun assemblie, and to tak up the delationis of ofFencis within thair awin kirkis, and bring tharae to the Assem- blie. 16. This we gadder of the practise of the primitiue kirk, wheras eldaris or colleges of senioris wer constitute in citeis and famous places. 17. The power of thir particular elderschippis, is to uis diligent laubour in the boundis committed to thair charge, that the kirkis be kepit in guid ordour, to inquire diligentlie of nauchtie and unrewlie personis, and travell to bring thame in the way againe, ayther be admonitioun or threatuing of Goddis judgements, or be cor- rectioun.* 18. It perteins to the eldarschip, to tak heid, that the word of 548 HEADIS AND CONCLUSIONIS God be piirelie preichit within thair boundis, the sacraments rightlie ministrat, the discipline menteind, and the ecclesiasticall guidis un- corruplie distribute.* iy. It belangis to this kynd of assembleis, to cans the ordinancis maid be the assembleis, provinciallis, nationallis and generallis, to be keipit, and put in executioun.* ■^0. To mak constitutionis quhilk concerne to Tr^ivou in the kirk, lor the decent ordour of thais particular kirkis qwher thay gouerne, (prouyding thay alter na reulis made by the generall and provincial! assembleis, and that thay mak the provinciall assembleis foirsene of the reulis that thay sail mak,) and to abolische thame tending to the hurt of the same.* 21. It hes power to excommunicat the obstinat.* 22. The power of electioun of thame qwha bearis ecclesiasticall chargis, pertenis to this kynd of assemblie, within thair awin boundis, being weill erectit, and constitut of mony pastcuris and eldaris of sufficient liabilitie. 23. Be Eldarschip is meint, sic as ar constitut of Pastouris, Doc- touris, and sic as now ar callit Eldaris. On the margin of each of the sections in this chapter, marked with asterisks, (viz. 17, ] 8, 19, 20, 21, 28, 29, 30, 31.) there is a reference written in precise- ly the same words : «' Jac. 6, p. 12, c. 114, 3 Junie 1392." This is in a hand- wntmg, and in ink, evidently different from those in the text — and must have been superinduced subsequently to the act of Parliament 1392, to which these references plainly allude. The date and chapter, however, cited, do not coincide with those of the charter of the Tresbyterian Kirk. In the common 12mo old edition of the Acts, the date hjjfih June, not third, and the chapter is 116, not 114-, as noted in these marginal references. But notwithstanding these discre- pancies, it is extremely probable that the Presbytery of Haddington having, in obedience to the act of Assembly of Aug. 1390, subscribed the Book of Policie, in Sept. 1391, (the year before the act of 1392 was passed,) the Official Custo- dier of their copy had engrossed these marginal jottings upon it, soon after the passing of the act of Parliament 1392, for the purpose of pointing out those arti- cles 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 com- parison of the terms of these articles, and of the act 1392. 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 1378, OF THE POLICIE OF THE KIRK. 549 24. Be the lyk resone, thair depositioun also pertenis to this kynd of assenibleis, as of thame that teache erroneous and corrupt doctrine; that be of sclanderous lyfe, and eftir admonitioun, desist not ; that be gevine to schisme or rebellion contrare the kirk, mani- fest blasphemy, simony, and all corruptioun of brybis, falset, per- iurie, huredonie, thift, drunkinnes, fechting, vvorthie of punischment be the law ; usurie, danshing, infamie, and all utheris deservine se- paratioun frome the kirk. 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 agree- ment and disagreement, as they stand in the original, which (says the Book) / have hy me." — (Spottiswood's Hist. p. 289.) Now, all the argument alluded to is grounded on the hypothesis, that Spottis- wood'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 sug- gest two objections which appear to render the History ascribed to Archbishop Spottiswood, unworthy of credit. In the first place, the only MS. of the Arch- bishop's work (reputed to be either the original or a revised copy) is in the Advo- cates' 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 bear- ing Spottiswood's personal testimony. But,seconrf/!/, there isap^ima/acjepresump- tion against the authenticity of that printed history, independently of its being desti- tute 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 gene- rally 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 indi- vidual 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. 550 HEADIS AND CONCLUSIONIS 25. These also qwha ar fund altogidder insutticient to exerce thair chargis, sould be deposit, Quhairof uther kirkis wald be aduertesit, that tha}' resaue not })ersonis deposit. 26. Albeit thay ancht not to be deposit quha throw aige, seiknes, or uther accidents, becum unmeii to do thair office ; in quhilk cace thair honour sould remane unto thame, tlieir kirkis sould mentene thame, and utiieris aucht to be projdit to do thair office.f 27- Provinciall asserableis we call, lawfull conventionis of the pas- touris, doctouris, and eldaris of the province, gadderit for the com- nioun efFairis of the kirkis tharof, quhilk also may be callit the Conference of kirkis and brethrene. 28. Thir assembleis ar institut for wechtie materis necessar to be intraitit be niutuall consent and assistance of the brethrene within the provincis, as neid requyris.* 29- Thir assembleis haif power to handle, ordour, and redres all thingis ommittit or done amiss in the particular assembleis.* 30. It iiaitli power to depose the otfice-beraris of that province, for guid and just caus deserving depriuatioun.* 31. And generallie, thir assembleis haue the haill power of the particular elderschippis qwhairofthay ar collected.*" 32. Tiie nationall assemblie, (quhilk is generall to us,) is anelawch- full conventioun of the kirkis of the haill realme or nation, wher it is usit and gadderit, for the commoun efFairis of the Kirk ; and may be callit the Generall Elderschip of the haill kirkis within the realme. 33. Nane ar subiect to repair to this assemblie to voit, bot eccle- siasticall personis, to sic ane number as sallbe thoclit guid be the same assemblie ; not excluding uther personis that will repair to the said Assemblie, to propone, heir, and resone. 34. This assemblie is institute, that all thingis ayther omittit, or done amis in the provinciall assembleis, may be redressit and hand- f 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, 3, 17. The eldars that rule wel are worthie of double honour, speciallie they which labour in word and doc- trine." And interjected and interlined with sections 26 and 27, are some lines, containing an extract from Beza's translation of the New Testament, which, how- ever, it is unnecessary to insert here. OF THE POLICIE OF THE KIRK. 551 lit : And things generally, seruing for the weill of the haill body of the kirk in that realme, may be foirsene, intreattit, and set furth to Goddis glorie. 35. It sould tak cair, that kirkis be planted in places quhair thay ar not planted. 36. It sould prescryue the reuU how the uther twa kynd of as- sembleis sould proceid in all thingis. 37. This assemblie sould tak heid, that the spirituall jurisdictioun and civile be not confoundit, to the hurt of the kirk. 38. That the patrimony of the kirk be not diminished nor abused. 39- And generallie concerning all wychtie efFairis that concerne the weill and guid ordour of the haill kirk of the realme, it aucht to interpone auctoritie thairto. 40. Thair is besydis this, an uther mair generall kynd of assem- blie, quhilk is of all nationis or of all estaits of personis within the kirk, representing the universall kirk of Chryst, quhilk may be callit properlie the Generall Assemblie or Generall Counsall of the haill kirk of God. 41. Thais assembleis wer appointit and callit togidder speciallie, qwhene an great scliisme or controversie in doctrine did aryse in the Kirk, and war conuocat at command of the godlie Emperours being for the tyme, for the auoiding of schismes within the univer- sall kirk of God: Quhilk becaus thay perrene not to the particular estait of ane realme, we ceiss forder to spek. Of Deaconis and thair Office; the last ordinar Functioun in the Kirk. CAP. 8. 1. The word A/«;eoj/oj sumtymis is larglie takine, comprehend- ing all thame that beir office in the ministrie and spirituall functioun in the kirk: 2. Bot now, as we speik, it is tane onlie for thame to whome the collectioun and distributioun of the almous of the faithfull and ec- clesiasticall guidis does apperteune. 3. The office of the deacone sa takine, is an ordinar and per- petuall ecclesiasticall functioun in the kirk of Chryst. 552 HEADIS AND CONCLUSIONIS 4. Of what properties and dewteis he aucht to be that is callit to this function, we remit to the manifest Scripturs. 5. The deacone aucht to be callit and electit as the rest of the spirituall officiaris, of the quhilk electioun, wes spokine befoir. 6. Thair office and power is, to resseaue and distribut the haill ecclesiasticall guids, unto thame to quhom they ar appoyntit. 7. This they aucht to do according to the juigement and appoint- ment of the Presbyteries or Elderschipis (of the quhilk the deaconis ar not) that the patrimony of the kirk and pure, be not converted to privat mennis use, nor wrangfullie distributit. Off the Patrimony of the Kirk, and Distributioun thairof. CAP. 9. 1. Be the patrimony of the kirk we mene, quhatsumeuer thing hath bene at ony lime befoir, or sallbe in tyme cuniing gevin, or be consent and universall custome of cuntreis professing Christiane religioun, applyit to the publick use and utilitie of the kirk. 2. Swa that onder the patrimony we comprehend first, all thingis gevin, or to be gevin to the kirk and seruice of God, as lands, big- giiiis, possessionis, annual rents, and all siclyke, quherewith the kirk is dotit, ather be donationis, fundationis, mortificationis, or ony uther lawchfuU title, of Kings, Princes, or ony personis inferiour to thame, togidder with the continuall oblatioiiis of the faitlifuU. 3. We comprehend also, all sic tliingis as be lawis and custome, and use of countreis, hes bene applyit to the use and utilitie of the kirk, of quhilk sort ar the teindis, mans, glebis, and siclyk, quhilks be com- moun and be municipall lawis and universall custom ar possessit be the kirk. 4. To tak ony of this patrimony be onlawfull meanis, and con- vert to the particular and prophane use of ony persone, we hald it ane detestable sacrilege befoir God. 5. These guidis ecclesiasticall, aucht to be collectit, and distributit be deacons, as the word of God appointis, that tliay quha beiris office in the kirk be provydit for, without cair and solicitud. 6. In tlie apostolicall kirk, tiie deaconis war appoyntit to collect and distribut quhatsumeuir thingis war collectit of the faythfull to OF THE POLICIE OF THE KIRK. 553 be distribut unto the necessitie of the Sanctis ; sa that nane laickit aniang the faithfull. 7. These coUectionis war not onlie of that quhilk was collectit in manir of almous, (as sum supponis,) bot of uther guidis, movable and onmovable, of lands and possessionis, the pryc quhairof was brocht to the feit of the Apostles. 8. This office continewit in the deaconis handis, quha intromettit with the haill gudis of the kirk, ay whill the estait thairof was cor- ruptit be Antichryst, as the ancient canonis beris witnes. 9. The same canonis mak mentioun of ane fourfald distributioun of the patrimony of the kirk, quhairof ane part was applyit to the pasturis or bischoppis for thair sustentatioun and hospitalitie ; ane uther to the eldars and deaconis, and all the clergie ; the thrid to the pure, seick personis and strangers ; the ferd to the uphald and uther effairis of the kirk, speciall extraordinar : We add hereto, the scoles and school-maisteris, quhilk aucht and may be weill sustenit of the same guids, and ar comprehendit under the clergie, to quhame we joine also clerkis of asserableis alsweill particular as generall ; syndickis or procuratouris of the kirkis effairis, takaris up of the psalmis, with siclyk uther ordinar offices of the kirk, sa far as thay ar necessar. Of the Office of a Christiane Magistrat in the Kirk. CAP. 10. 1. Althoght all the memberis of the Kirk be hauldine, euery ane in thair vocatioun, and according thairto, to advance the kingdome of Jesus Chryst sa far as lyis in thair power; zit cheiflie and name- lie, Christiane Princes, Kingis, and uther magistrats, are haldine to do the same. 2. For thay ar callit in the Scripturis nurissaris of the kirk, for sameikle as be thaime it is, or at least aucht to be, menteind, fosterit, uphaldine, and defendit agains all that wald procure the hurt thairof. 3. So it pertenit to the office of a Chrystiane magistrat to assist and fortifie the godlie preceding of the kirk in all behalfis ; and namelie to.sie that the publick estait and ministrie thairof be man- tenit and sustenit as it appertenis, according to Goddis word. 4. To sie that the kirk be not invadit nor hurt be fals teachari$ 554 HEADIS AND CONCLUSIONIS and hyrlingis, nor the rowmis thairof occupyit be dum doggis or idill belleis. 5. To assist and mantene the discipline of the kirk, and punish thame civillie, that will not obey the censur of the same ; without confounding alvvayis the ane jurisdiction with the uther. 6. To sie that sufficient provisioun be made for the ministrie, scoles, and the puir: And gif thay have not sufficient to await upone thair chargis, to supplie their indigence evine with thair awine rentis, gif neid requiris : to hauld hand to thame, alsweill con- cernyng thair awin personis, sayfing thame frome injurie and oppine violence, as concerning thair rentis and possessionis, that thay be not defraudit, reavit, nor spulzeit thairof. 7. Not to suffer the patrimony of the kirk to be applyit to pro- phane and onlawchful uses, or to be devoirit be idle belleis, and sic as haue na lauchfuU functioun in the kirk, to the hurt of the ministries the scoles, the puir, and utheris godly uses, quhairupone the same aucht to be bestowed. 8. To mak lawis and constitutionis aggreable to Goddis word, for the aduancement of the kirk, and policie therof ; without usurping ony thing that pertenis not to the civill sword, bot belangis to the offices that ar mere ecclesiasticall ; as is the ministrie of the word and sacramentis, using of ecclesiasticall discipline, and the spirituall executioun thairof, or ony part of the power of the spirituall keys, quhilks our Maister gaif to the Apostles, and thair trew succes- souris. 9. And although Kingis and Princes that be godlie, sumtymis be their awin auctoritie, (whene the Kirk is corruptit, and all thingis out of ordour,) place minisleris, and restoir the trew service of the Lord, efter the example of sum godlie kingis in Judea, and divers godlie Emperours and Kingis, also in the licht of the New Testament, zit quhair the ministrie of the Kirk is anis lauchfuUie constitut, and thay that are placed, do thair office faithfullie, all godlie princes and magistrats aucht to heir and obey thair voice, and reverence the majestic of the Sone of God speaking be thame. OF THE POLICIE OF THE KIRK. 555 Off the present Abuses remaining in the Kirk, quhilks we desyr to be reforniit. CAP. 11. 1. As it is the dewtie of the godlie magistrat to mantene the present libertie quhilk God of his mercie hesgrantit to the preache- ing of his word, and the trew ministratioun of the sacraments with- in this realme ; sa is it to provyd, that all abusis as zit remaining in the Kirk, sould be removit, and utterly takine away. 2. Thairfoir, first, the admissioun of men to Papisticall titles of benefices, sic as seruis not, nor hes na functioun in the reformit Kirk of Cliryst, as abbottis, commendatoris, priouris, priouressis, and ulher titles of abbayis, quhais places are now for the maist pairt be the iust jugements of God demolished and purgit of idolatrie, is plaine abusioun, and is not to ressaue the kingdome of Chryst amangis us, bot rather to refuse it. 3. Of the lyke natour ar the deanis, archdeanis, chanteris, sub- chanteris, thesauraris, chancelaris, and uthers having the lyke titles flowit frome tlie Palp and canon law onlie, wha haue na place in the reformit Kirk. 4. Siclyk, they that war callit of auld, the chapteris and con- ventis of abbayis, cathedrall kirkis, and siclyk places, seruis for nathing now, bot to set fewis and takis (gif ony thing be left) of kirk-landis and teindis, in hurt and prejudice thairof, as daylie ex- perience teiched, and thairfoir aucht to be allutterlie abrogat and abolischit. 5. The Kirks also quhilks ar unitit and joj'nit togidder be annex- atioun to thair benefices, aucht to be seperated and diuidit, and gevin to qualifeit ministeris, as Goddis word cravis. 6. Neither aucht sic abuseris of the patrimony of the Kirk of Chryst, to haue voit in Parliament, nor sit in counsall under the name of the kirk and kirk-men, to the hurt and preiudice of the li- bertie thairof, and lawis of the realme maid in fauouris of the Re- formit Kirk. 7. Mekleless is it lawfull, that ane persona amangis thais men sould haue fyue, sax, ten, twentie, or ma kirkis, all hauing the 55G HEADIS AND CONCLUSIONIS charge of saulis, and bruik the patrimony thairof, a3'ther be admis- sloun of the prince, or of the Kirk, in this licht of the Evangell ; for it is hot inockage to craue reformatioun whare sic hes place. 8. And albeit it wes thocht guid for avoiding grett inconue- nientis, that the auld possessouris of sic benefices quha irabracit the religioun, sould inioy be permissicun, the twa pairt of the rentis quhilks thay possesst befoir, induring thair lyfetymis, zit it is not toUerable to continew in the Kirk lyke abuse, and gif thais places and utheris benefices of new to als onnneit men or rather on- meitar, quha ar not myndit to serue in the Kirk, bot leid a lone and idle lyf as the utheris did quha bruikit thame in the tyrae of blindnes. 9. And insafar as in the ordour tane at Leyth in the zeir of our Lord Jaj. vc. seventie-ane year, it appeiris that sic may be admittit, being fund qualifeit, &c. ather that pretended ordour is agains all guid oidour, orellis it must be onderstandit not of thame that be qualifeit to worldlie efFaires to serue in the court, bot sic as ar qualifeit to teache Goddis word, havand thair lawfuU admis- sioun of the Kirk. 10. As to bischoppis, gif the name c7n(xx.o7ro; be properlie takin, thay ar all ane with ministeris, (as was befoir declairit ;) for it is not the name of superioritie and lordschip, bot of ofl^ice and watching. 11. Zit, becaus in the corruptioun of the Kirk, this name, as utheris hes bene abused, and zit is lyk to be, we cane not allow the fashioun of thais new chosine bischoppis, nather of the chapteris that ar electouris of thame to sic oflftce as thay ar chosene. 12. Trew bischopis sould addict thame selfis to ane particular flok, (quhilk sindry of thame refusis,) nather sould thay usurp lord- ship ouer thair brethrene, and ouer the inheritance of Chryst, as thais men do. 13. Pastouris, insafar as thay ar pastouris, hes not the oflfice of visitatioun of ma Kirkis joint to the pastureschip, without it be gevin thame. 14. It is ane corruptioun, that bischopis sould haue fordar bound is to visit, nor thay may lawchfully. 15. Na man aucht to haue the office of visitatioun, bot he that is lawchfullie chosine be the presbytrie thairto. 16. The elderschippis being weill establishit, hes power to send out visitouris, ane or ma, with commissioun to viseit the boundis OF THE POLICIE OF THE KIRK. 557 within thair elderschippis. And siclyk eftir compt tane of thame, ather to continew tharae, or renew thame frome tyme to tyme, to the quliilks elderschippis thay sail be also subiect. 17. The criminall jurisdictioun joint in the persona of ane pas- toure, is ane corruptioun. 18. It aggreit not with the word, that bischoppis sould be pasture of pasturis, pasturis of mony flokis, and git without ane certane flok, and without ordinar teiching. 19. It aggreit not with the Scripturis, that thay sould be exemit fra correctioun of thair brethrene, and discipline of the particular elderschip of the Kirk, whereat they sould serve; nather that thay sould usurp the office of visitatioun of uther kirkis, nor ony uther fiuictioun besyd uther ministers, bot safar as beis committit to thame be the Kirk. 20. Heirfoir, we desyr the bischoppis that now ar, ayther to aggrie to that ordour that Goddis word requyris thame, and as the generall Kirk will prescryue unto thame, not passing that boundis, nather in ecclesiasticall nor civile effairis, or ellisto be deposit frorae all functioun in the Kirk. 21. We deny not in the meane tyme, bot ministeris may and sould assist thair Princes quhen thay ar requirit, in all thingis aggreable to the word, quhidder it be in Counsall or Parliament, or utherwyse, providing alwayis thay nather negleck thair awin chargis, nor throw flatterie of Princes, hurt the publick estait of the kirk. 22. Bot generallie, we say, na personis, under quhatsumeuer title of the kirk, and speciallie the abused titles in Papistrie, of Prelats, Conuents, and Chapteris, aucht to attempt ony act in the kirkis name, ayther in Counsall, Parliament, or out of Counsall, having na commissioun of the reformit kirk within this realme. 23. And be act of Parliament it is providit, that the Papisticall kirk and jurisdictioun sould have na place within the same, and na bischop nor uther prelat in tymis cuming, sould use ony jurisdic- tioun flowing from his auctoritie. 24. And againe, that na uther ecclesiasticall jurisdictioun sould be acknawlegeit within this realme, bot that quhilk is, and salbe within the reformit kirk, and flowing therfra. 25. So we esteme halding of chapetirs in Papisticall maner, ayther in cathedrall kirkis, abbayis, coUegis, or uther conventuall places, usurping the name and auctoritie of the kirk, to hurt the 2 o 558 HEADIS AND CONCLUSION IS patrimony thairof, or use ony uther act to the preiudice of the same, sene the g,eir of our Lord 1 560 geiris, to be abusioun and corruptioun, contrar to the libertie of the trew kirk and lawis of the realme, and thairfoir aucht to be annuUat, reducit, and in tymis cuming utterlie dischargit. 26. The dependences also of this Papisticall jurisdictioun ar to be abolished, of the quhilk sort is the mingled jurisdiction of the commissaris, in safar as thay mell with ecclesiasticall materis, and haue na commissioun of the kirk thairto, bot war erectit in tyme of our Soverainis mother, whan thingis war out of ordour. It is an absurd thing, that sindrie of tliame, having na functioun in the kirk, sould be ingis to ministeris, and depose thame fra thair rowmis : Thairfoir, ather thay wald be dischargit to meddle with ecclesiasti- call matteris, or it wald be liraitat to thame in quhat materis thay might be Juges, and not hurt the libertie of the kirk. 27. Thay also that of befoir war of the ecclesiasticall estait in the Papis kirk, or that ar admittit of new to Papisticall titles, and nowar tollerat be the lawis of the realme, to posses the twa pairt of thair ecclesiasticall rentis, aucht not to haue ony forder libertie, bot to introraet with the portioun assignit and grantit to thame for thair lyfetime, and not, under the abusit titles quhilks thay had, to dispone the kirk rentis, set takis and fewis thairof at thair plesour, to the greit hurt of the kirk, and pure lauboraris that dwell upone the kirk-landis, contrarie to all guid conscience and ordour. Gertane speciall Heidis of Reformatioun quhilk we crave. CAP. 12. 1. Quhatsoeuir haue bene spokine of the offices of the kirk, the seuerall power, the office-beraris thair conjunct power also, and last of the patrimony of the kirk, we onderstand it to be, the right reformation, whilk God cravis at our handis, That the kirk be or- dourit according thairto, as with that ordour quhilk is maist aggre- able to the word of God. 2. Bot becaus sumthingis willbe twichit in particular, concern- ing the estait of the countrie, and that quhilk we principallie seik to be reformit in the same, we haue collectit thame in thir heidia following: OF THE POLICIE OF THE KIRK. 559 3. First, seing the haill countrie is devydit in provinces, and thir provinces agane ar diuidit in parodies, alsweill in landwart as in townis ; in euery paroche of reasonable congregationis, there wald be placit ane or ma pasturis to feid the flok, and na pasture or minister, aucht to be burdenit with the particular charge of ma flockis or kirks thene ane alanarlie. 4. And becaus it willbe thocht hard to find out pasturis or minis- teris to all the paroche kirkis of the realme, alsweill in landwart as in borrows townis, we think, be the advice of sic as cotnmissioun may be gevine to, be the kirk and the prince, paroches in landwart or small villages, may be joint twa or thrie or ma, in sum places togidder, and the principall and maist commodious kirkis to stand, and to be repairit sufficientlie, and qualifeit ministeris placet there- at ; and the uther kirkis, quhilk ar not fund necessar, may be suf- ferit to decay, thair kirk-zairdis alwayis being kepit for buriall places: And in sum places quher neid requyris, ane parochine, where the congregatioun is ouir greit for ane kirk, may be diuidit in twa or ma. 5. Doctouris wald be appointit in universities, coUegis, and uther places neidfull, and sufficientlie prouydit, for to oppin up the meaning of the Scripturis, and to haue the charge of scoles, and teache the rudiments of religioun. 6. As to eldaris, thair waldbe sum to be censuris of the man- eris of the peple, ane or ma in euerie congregatioun ; bot not an assemblie of eldaris in euery particular kirk, bot onlie in the townis and famous places quher resort of men of jugement and habilitie to that effect ; may be had, 7. Quhair the eldaris of particular kirkis about may convene togidder, and haue ane commoun elderschip and assemblie-place amongis thame, to treat of all thingis that concerne the congrega- tioun of whome thay haue the ouersicht. 8. And as thair aught to be men appointit to unit and diuyd the paroches, as necessitie and commoditie requiris, Sa wald thair be appointit be the generall kirk, with assent of the Prince, sic men as feireth God, and knew the estait of the countreis, that war able to noniinat and designe places, quhere tlie assembleis of particular elderschippis sould convene, to tak consideratioun of the dioces as thay war diuidit of auld, and of the estait of the countreis and pro- vinces of the realme. 560 HEADIS AND CONCLUSIONIS 9. Lykeways as concerning provinciall and synodall assembleis, consideratioun war easie to be had, how mony and in quhat places thay war to be haldine, and how oftene thay sould convene, — aucht to be referit unto the libertie of the general kirk, and ordour to be appoyntit therein. 10. The Nationall Assembleis ofthis countrie, callit commonnlie the Generall Assembleis, aught alwayis to be retenit in thair awin libertie, and to haif their awin place, with power to the kirk to ap- point tymis and places convenient thairfoir. 11. And all men, alsweill magistrates as inferiouris, to be subject to the jugement of the same in ecclesiasticall causis, without ony reclamatioun or appellatioun to onie iudge, ciuile or ecclesiasticall, within the realme. 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 lawchfuU 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 thePapis kirk, We desyr all thame that trewlie feiris God, eirnestlie to con- sidder, that forswamekle as the names of patronagis and beneficis, togidder with the effect thairof, are flowene frome the Pape, and cor- ruptioun of the canone law onlie insafar as thairby ony persone was intruised and placit ovir kirkis hauing curam animarum ; And for- swameikle as that maner of preceding hes na ground in the word of God, but is contrar to the same, and to the said libertie of elec- tioun, thay aucht not now to have place in this licht of reforma- tioun: And therefoir quhasaever will trewlie imbrace Goddis word, and desyr the kingdome of his Sone Jesus Chryst to be aduancif, 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 tha^' sould haue profest the same. Notwitlistanding as concerning ulher patronages of benefices that have not curam animarum, (as they s peik,) sic as ar chaplanreis, prebendaries fund- OF THE POLICIE OF THE KIRK. 561 eit upon temporall lanclis, and annuallis, and siclyk, may be reseruit unto the ancient patronis, to dispone tharupone, qulian tliay veaik, to scoUeris and bursaris, as thay are requirit be the act of Parlia- ment. 15. As to the kirk rentis in generall, we desyr the ordour to be admittit and niantenit aniangis 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 patri- mony 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 ; jnyning thairwith also, the doctouris ofscoles, to help the ancient foundationis quhere neid requireth : The thrid portioun to be bestowit unto tiie 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 coramoun welth, gif neid require. 17. We desyr thairfoir, the ecclesiasticall guidis to be upliftit, and distributit faithfuUie, to quhome thay appertene, and that be the rainistrie of the deaconis, to quhais office properlie the collectioun and distributioun thereof belangis : tliat 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 sail abuse thame selfis in thair office, as the prophane collectouris did of be- foir. 19- Zit becaus this vocatioun apperes to niony to be dangerous, let them be oblisht (as thay war of auld) to ane geirlie compt to the pasturis and elderschip ; and gif the kirk and Prince think expedi- ent, 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 pro- uydit, that all utheris intromettouris with the kirkis rentis, collec- touris 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 562 HEADIS AND CONCLUSIONIS with be rainistrie of the deaconis, and distribut.it to the usis afoir mentionat. 21. And also, to the effect that the ecelesiasticall rentis may suffice to the uses for the quhilli 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 cumiiig, 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 Vtililie that sail flow of this Reformatioun to all Estaitis. CAP. 13. 1. Seing the end of this spiritual! 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 bodj', may leve peceablie in conscience : Thairfoir we dar bauldlie affirme, that all thay quha haue trew respect to thais endis, will evin for con- science 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 sail 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 con- tinewing in the sinceritie of the word hitherto, without all errourls, (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 re- formatioun craves at our handis ; vtherwayis this feirfuU sentence may be iustlie said to us. The servand knawand the will of the mais- ter, and not doing it. 3. Mairouir, gif we haue ony pilie or respect to the puir mem- OF THE POLICIE OF THE KIRK. 503 beris of Cliryst, quha sa greatlie increase and multiplie amangis us, we will not suffer thame to be langer defraudit of that part of tlie patrimony of the kiik, quhillc justlie beiangis unto thame: And be this ordour, gif it be dewlie put in executioun, the burding of thame sail be takine of us to our greit confort, the streitis sallbe clianged 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 comraoditie 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 Majestic and common-welth of the countrie, this profit sail redound, That the uther effairs of the kirk being sufficientlie provydit according to the distributioun of the quhilk hes bene spokin, the superplus being coUectit into the thesaurarie of the kirk, may be profitablie iuiployit, and liberallie bestowit upon the extraordinar support of the effairis of the Prince and coramoun-welth, and speciallie of that part quhilk is appoyntit for reparatioun of the kirks. 6. Sa, to conclude ; all being willing to apply tharaeselfis to this ordour, the peple suffering them selfis to be reulit according thair- unto, (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 sail 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, 564 HEADIS AND CONCLUSIONIS, &C. This Bulk 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 Asserablie, as fol- lows : — Act 8 August!, Sess. 10. Mr Thomas M'Gee, Mr James Carmichaell, minister minister of Guland. at Hadingtoun. James Gibsone, minister Mr L. Hay, Bass, at Pencatland. 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. 2 p [RESCINDED ACTS OF ASSEMBLY.] In the Assemblie of the Kirk of Scotland conveint be his Majestic, 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 aliena- tione quhilk seemeth to be of his Majestie's mynd from some of them : There- fore, for the removeing of all eye lysts and shew of division and alienation of mynds, either amang the ministers themselves, or of his M;ijestie's good affection and favour from any of them, was thocht ane soveragne remedie for the eff'ectuall 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 llie libertie and discipline of the Kirk of Scotland, by removing the Sessiouns, Presbytries, Provinciall and Generall Assenriblies, or by vsurping in their awn persons some sick tyrranous and vnlawfuU jurisdiction as is no wayes lawfull, neither to be tolerated in a truelie and Christian reformed Kirk, and to shake off that obe- dience 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 com- missioners, 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 ad- ministration in the Kirk affaires, as might serve to intertain a solid peace and 568 RESCINDED ACTS [1606. quyetnes betweene his Majestie and them, as lykewayes miituallie amang them- selves, and in special!, that the charge of their governement was oftentymes al- most 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 faitbfull remedie provyded, that thereafter the lyke sould not fall out, quhilk his Majestie summarlie com- prehended 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 heir- after 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 meilest 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, !)e qwenshed and taken away ; and the noblemen and others professing Papistrie within this kingdome so represt by justice and execution of lawes, or be tlie la- bours 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 INIoderators, and tliat 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 langsum- nesand difRcultie of processe, the saids Moderators will sometymcs 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 sail 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 liis Majestie's Com.missioners, 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 tlieir owne intentions and purposes in this errand : It was declareit, that it was not in any wayes his Majestie's purpose and intention to sub- vert and overthrow the present discipline of the Kirk of Scotland, but rather to aur^ment 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 oflfences as in the 1606.] OF ASSEMBLY. 569 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 Provincial! 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 allheresie 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 tiiat it was not their intention to usurpe and exerce any tyrannous and unlawful! jurisdiction and power over the brethren, nor to ingyre themselves any wayes unlawfullie in the Kirkes governcment, or any part thereof, farder nor sail be committed to them be the Presbytries, Provinciail 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 con- tent tosubmitt 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,* lang ammitie and patience towards sick as happened to offend him of the minis- trie, 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 sule 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 tiieir favours be the Bishops and other bretliren 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 thoghtmeit to direct the Bishop of Edinburgh,-)- Mrs Patrick Sharp, Patrick Gallaway, Robert Wilkie, Jo". Strauchane, W"". Hall, Jo". 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 Assem- blie, so soone as their said supplication sould come from them of the tenor for- said, to concurre be their credit and intercession with his Majestie, to procure them to be [ma^le] partakers of that gracious favour quhilk his Majestie at no tyme heirtofoir refused to any of that profession quhom he fand willing to ac- knowledge and amend their oversight, and have recourse to bis 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. * In the other copy it is " according to the custome of his longanimitie." f " Aberdeen." 0/ 0 RESCINDED ACTS [1606. 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 dis- cipline 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 ther- anent, quhill first the mater were exactlie resolvitin 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 an- other; and having exactly and at good length reasoned and examined quhatsum- ever inconvenients might follow upon the establishing of the said overture, it was considered and found at last to be ane univer^all 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 cau- tions 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 law- full 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 As- semblies to be nominat and chosen according to his Majestie's overtures, sail pre- sume 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 sail 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 sail happen the Moderators of Presbyteries and provinciall Assem- blies to be absent the time of the convention, then it sail be in the power of the saids provincialls and Presbytries, to nominate and choose out the wisest and gravest of their brether, to moderat their meitings in absence of the saids Mo- derators. 3. Quhen the place of the Moderator in any Presbyterie sail happen to vaike, the election of another to succeed in his rowme, sail be made be the whole pro- vinciall 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 sail happen to depart this life be- twixt Assemblies, it sail be lawfull to the Presbyteries to nominat ane of the gravest and worthiest of the number to continue in the Moderation of the Pres- byterie qwhill the nixt provinciall Assemblie. 7. The Moderators of the Presbyteries sail be subject to the tryall and cen- 1606.] OF ASSEMBLY. 571 sure of the Provincialls ; and in case it sail happen that they be found to be re- misse 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 sail be ane cause to them of deprivation from their office of. Moderator, and they sail be depryved therefra be the saids provincialls. 8. In lykemaner, the Moderator of the provinciall Assemblies sail 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 sail 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 sail be leisum to ilk Presbyterie to send Commissioners to the Generall Assemblie, by and attour the Moderator and Scrybe, two or thrie, ac- cording to the act of our Assemblie anent the Commissioners of Presbyteries, if they sail think it expedient. ] 1. 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 nominal and proponed frielie, as use hes bein in tymes bypast. 13. That in everie Provinciall Assemblie where there is no Bishop makand actuallie lawfuU residence, and haveand the Moderation of ane of the Presby- teries, the Moderators of the (meitestof the) Presbyteries within the said province beand proponed on leitt, the meitestof them sail 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 ; re- serveand 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 expe- dient, 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. 572 RESCINDED ACTS [1606. This overture beand proponed and declared at lenth in presence of the full Assemblie, everie article and lieid 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 pro- ponit 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 General! 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 Ma- jestie'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 bretliren, provyding alwayes if aither, upon his Majestie's advyse or pro- bation to the Assemblie, or their awne supplication, the Generall Assemblie be mov- ed 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 pro- mise sail make no derogation to the libertie quhilk the Assemblie heirafter sail be moved to grant them. It was voted, and be pluralitie of votes concluded, to wilt, his Majestie's Com- missioners, 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 tliis Assemblie ; — the forsaids ca- veats beand alwayes keeped be everie ane of the saids Moderators, and the con- traveeners 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 tvva 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 Suhscribitur, Ja. Nicolsone, Moderator. Master Hendrie Philp, Scrybe.* * 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 docu- ments not referable to that period. The more ancient copy, however, is now preferred. 1606.] OF ASSEMBLY. 573 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 ab- sence Samuel Bruce, upon the Bish- op's expenses. Taine. Mr Johne Ros. Ardmannath. IVIr 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. Dumhlane. 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. Aherdein, The B. of Aberdein. Mernes. Mr Andro Ramsay. Srechin, Mr Dugall Campbell. Aberbrothok. Mr Arthur Futhie. Dundie. Mr Jo". Ramsay. Megle. Mr George Nicolsone. Perth. Mr Alex. Lindesay. Dunkeld. Mr W™. Glass. Couper. Mr W"". 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". Michelsone. 574 RESCINDED ACTS [1606. Dunfermling. Mr Jo". Fairfull. Hamiltoun. Mr Rof. Dalkeith. Auchterardour. Mr John Davidsone. Striviling. Mr Patrick Simsone. Lynlithgow. Mr Ro*. Cornwall. Edinburgh. Mr Jo''. Hail. Glasgow. The B. of Glasgow, and in his absence Mr Patrick Sharp. Paislay. Mr Jo". Hay. Dumbarton. IMr Jo". Blackburne, and quhill he make residence, Mr W'". Stewart. Dalkeith. Mr George Ratnsay. Air. Mr Jo". Inglis. Haddingtoun. Mr James Carmichaell. Irwing. Mr Alex^ Scrimireor. Dunbar. Mr Edward Hepburne. Chirnesyde. Mr Jo". Clappertoun. Dunce. Mr David Hoome. Metros. Mr Jo". Knox. Kelso. Mr James Knox. Jedburt. Mr Jo". Abernethie. Twidaill. Mr James Logane. Lanerick, Mr W"\ Birnie. Dumfries. Mr Thomas Ramsay. Kirhudbright. The B. of Galloway, and in his absence Mr Ro*. Glandynning. Wiytoun.. Mr James Adamscne. Argyle. The B. of Argyle. Isles. The Bishop, and in his absence Mr Ro'. Steuart, and on his expenses. Extract. Sic sub''. Ja. Nicolsone, Moderator. Master Hendrie Philp, Scrybe. 1608.] OF ASSEMBLY. 575 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 Dum- barr. Sessio Inia, Julij 26, 1608. Exhortatione beand made be Mr Pat. Galloway, Moderator of the last As- semblie, the brethren, after the accustomed manner, proceedit to the election of the Moderator of this present Assemiilie ; 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 Jiac vice. The Assessors appoyntit to conveene with the Moderator in the privie confer- rence 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 King- horne, the Lords Grahame, Lindsay, Lowdane, Blantyre, Halyrudehouse, the Lairds of Balmanie, Kynnaird, Kilsyth, Carnell, the Bischopes of Caithnes, Mr William Dovvglass, the Bischop of Aberdeene, Mr George Hay, the Bischop of Brechine, Mr Andrew Leitche, jMr 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, IMr 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 answer- ing the bills are Mrs Arthure Futhie, Henry Philp, John Clappertoune, John Reid, Peter Hewat, Edward Hepburne, and John Hay. Sess. 2a, Julii 27. Forsuameikle as ane of the maist speciall causes of the convention of this pre- sent Assemblie is for suppressing of papistrie and idolatrie, qwhilk dayly mair and mair increases within this realme, and repressing of Papists, Jesuits, and Se- minarie 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 con- cerning 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 Sy- nod 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 576 RESCINDED ACTS [1608. 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 jykewayes 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 Dum- bar, 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 tlie 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 quherofhes been continowit be them from tyme to tyme, upon hope of his Lord- ship's amendment and turning from Idolatrie and Papisticall superstitione to the trew religion presently professit witliin this realme, and because they finde no hope of the same, but be the contrair greater obstinacie: Therefore the haill As- semblie 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', 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 1 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 beartilie intrealit 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 suhscribitur, Huntlie : And conforme thereto desyrit the same to be considerit, and requests in respect oftheoH'ers therein conteinit the pronouncing of the sentence of excommuni- catione against his Lordship to be continowit. Quherwith the haill Assemblie being rypHe 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 bis band, subscrivit with his hand upon the last of Junii 1608, presently pro- duced in face of the Assemblie be the Commissioners of Aberdene, band 1G08.] OF ASSEMBLY. 577 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 Asseinblie, 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 ; con- forme 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 excomraunion 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 imraediatelie after their returning, and inhibites and maist straitly charges them, and every ane of them, that they re- ceave nae offers of satisfaction frae the said Marques, but be speciall advyce of his Majestic 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 souJd 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 saraen might be presentit be them to the privie conferrence the next morning, that after, they may be intreatit in face of the Assemblie. Sess. ia, Julii 28. Forsuameikle as the brethien of the Presbytcrie of Glasgow and Synod of Clyddisdale quho were appointit to deall and conferre with William Earle of An- gus, Lord Dowglass, for bringing of him from blindness and superstitione of Papistrie and Idolatrie to the acknowledging of the trewth profest within tliis realme, did testifie in presence of the Assemblie, that they saw no appearance in liis Lordship of conversione from his errors, but that rather by all evident tokens he was the more obslinat 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 excommuni- catione 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 Septem- ber nixt to come, to quhom the Assemblie committs their haill power to that effect ; discharging and inhibiting any of them to receave any ofl'ers 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 blind- ness and superstitione of Papistrie and Idolatrie to the acknowledging of the treuth presently profest within this realme, did testifie in presence of the Assem- blie that they could see no appearance in his Lordship of conversione from his 578 RESCINDED ACTS [1608. errors, but rattier be all evident tokens he was the mair obstinat and obdurat in his erracie of Papistrie, quhilk he sometyme al>jurat 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 ErroU with the censures of the Kirk, until the final! pro- nuncing of the sentence of excommunicatione against him inclusive, with all possible diligence, and that they pronounce the said sentence betwixt and the ]8 day of September nixt to come ; ti) qiiham the Assemblie committs their full power to that effect, discliarging 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 mode 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 witli him, but be the contrair he still conti- nowit obstinat and indurat in his detestable error of Papistrie and Idolatrie, to the great hurt and evil example of the rest of the country : Theretore the Generall Assembly presently convenit, charges straitly and commands Mr Alex. Scrym- geour. 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 quhat- soever, 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 brouglit up in the knowledge of the trewth by catecliiseing, and careless to urge provision for Schooles witiiin 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 laikeof care in ministers to mark the offences, viz. to consider the 1608.] OF ASSEMBLY. 579 course of the enemie, and to discover and dilate Jesiiites and trafBquers 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 Gausses fors.aids. 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 Com- mandments, 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 delay it the executione of discipline against Papists upon negligence — that is, either not be- ginning 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, Tliat 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 Jesnites 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, Tlie preferment of men suspect of religione to publick offices within this real me. 3dly, The favour schawne be these that are in authoritie to traffiquers and cxcommunicat 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 tol- lerat 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 oMajestie's Council), either 580 RESCINDED ACTS [1608. by advocatione before the Lords, or dispensatione to such as are excomniunicat, or by contramandiiig the Presbyteries to desist under the paineof 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 lawful! princes, and no securitie taken for their constancie, and in spe- ciall, the sending of noblemen's sonnes by such as are in authoritie, furth of the land, by such convoy as may delyverthem 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 nominal, to apprehend traffiqueing Papists, Jesuites, and Serainarie 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 re- liirion, 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 liis 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 testimonial! of his Presbytrie; — that their remaining furth of the countrey be in places qwher the Religione is 1G08.] OF ASSFMBLY. 581 presently profest, or at tlie leist qwhere there is no restraint of the same be the cruelty of inquisitione ; — that diireing the tyme of their absence they shall not haunt any idolatrous exercise of religione, and such as hes not the moyen to sus- taine ane pedagogue with their sonnes forth of the countrey, that they send them to such pairts qwhere 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 ex- ceptione 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 Majestic and Secret Coun- cell 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 condiliones 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 cervit 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 infegritie of religione presently profest within this realme. Saxtly, Tliat 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 quliilk they arryve, and that all book- sellers lykewise doe the same before they make open sale thereof, under the paine of confiscatione. Auchtlie, That excoinmunicat Papists, especially such as be of ranke, be ap- prehendit 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'schappell, 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 thereafier put to the home, that they nor their depots 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 2 Q 582 RESCES'DED ACTS floUS. 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 Majestic shall think maist expe- dient for repressing of Papistrie, and increase of the truth and light of the gospel] within this realme ; quhereunto the Earle of Dumbar. bis Majestie's Commissioner, with the remanent of the nobilitv presently conreint in this As- semblie, hes promised to concurr ; And therefore the Assemblie bes nominat, and be thir presents nominats, Earle of "Wlgtoune, ArcfaBishop of Glasgow, LiTingstoune of Kjlsith, Mr William Cowpcr, minister at Perth, James Nisbet, mercfaand iis Edinburgh, and :Mr William Hart, of Presstoune, their Terr lawful Commis- sioners, giving them thair full power to present the humble suppiicaoone of this present Assemblie to his Majestie, together with the causes of increase of Pa- pistrie, and overtures for remeid thereof above rehearat, 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 miny good acts and constitutions sett downe and ccncludit, the Pa- pists, nevertheless, did most prowdly and contemptuously upbraid diverse of the ministrie, menassing them that they or the nobilitie conveint with tbem at that lytne, durst be bold to conclude any thing that might portend to the prvjudice of Papists or Papistrie, as was clearly understood be the brethren conveint in this Assembly. Sess. 6, 29 Juiii, Ante Meridiem- The qwhilk day the Assemblie thocht expedient that the Commissioners above speclfeit- elect and chosen to present this supplicatione to his Majestie as is above rehearsit, shall with all possible diligence repare toward bis Majestie, and with all humiUty present the said supplicatione to his Heines, and what ane answer it shall please his ^lajestie to give, that they reporte the sam.e betwixt and the 15 of November nixt to come ; and to that effect, the Assemblie hes chosen out of their number the Noblemen. Barrons. and brethren underwritten, viz. Earles of Craw- ford, Mortoune, Glencairn, Lithgow, Kinghorne. the Lords Grabame, Lyndsay, Saltone, Lowatt, Torphichen, Lowdon. Scoone, Balcleuch, Blantyre, Halyrude- house, the Constable of Dundie, the Lairds of Kynnaird, Balvaird, Carnal!, Houstoune. Edmistoune, Broxmouth, Polwart, Sir John Hoome of Nortb- berwick, — the Commissioners of Edinr., Perth, St Androis, and Glasgow, with the brethren after following, viz. Mrs William Dowglass. Alexi". Lawsone, Abra- ham Sibbald, John Reid, Arthur Fulhie, Androw Ramsay, John Kynneir, David Lyndsay, Adam Bannatyne, Patrick Weymes, Edward Hepbume, George Ram- say, Wm. Methven, Patrick Schaw, Walter Stewart. Hew FuHertoune, James M'Quhome, Thomas Ramsay, Robert Glendyiming, together with the Com- missioners of this Generail .Assemblie, to convene at Edinr. the said 15 of Novr. nixt to come, and there to receave from the saids Commissioners the report of bis Majestie's most gracious answer to the supplicatione forsaid, in name of the haill .Assemblie ; and in the meantyme, the .Assemblie commands and ordaynes the 1608.] OF ASSE.M15LV. 583 haill Presbytries within this realme to proceed against Papists of all sorts within their bounds with the censures of excommunicaione, &c. The said day, the Commissioners of the last Generall Assemblie being callit to give compt of their haill proceeding since the last Assemblie, compeirit and offerit themselves to be tryit on their proceedings be this present Assemblie, and to abyde at the censure of the same ; and being demandit for productione of their acts and proceedings in wreit, declairit be the mouth of Mr John Hall, their Moderator, in absence of Mr Patrick Galloway, that the same could not be found, be reasone that sometyme umquhill Mr James Nicolsone, mmister at Meigle, and in his absence umquhill Richard Thomsoue, minister at Cassiltoune, were ordinar scribes and keepers of the rolls of all their proceedings, quha are both departit this lyfe ; and albeit they have made travell at their executors bands for obtaining of the said scrolls, yet they could on no wayes attain unto the same — and therefore they and every ane of them did offer themselves to be par- ticularlie censurit be this present Assemblie, and therefore being ordaynit all to remove ; qwhilk being done, Mr W'm. Cowper, Moderator, appoyntit to this effect, demandit publickiy if any of the AssembUe had aught to object against the saids Commissioners proceedings why the samen sould not be ratified and allowit? In respect of the taciturnitie of the haill brethren, and that nothing worthy of censure was objectit to any of them for their proceedings, — the saids Commissioners being receivit in the Assemblie, took instruments of the ratifica- tione and allowance of their saids proceedings. The said day, the brethren of the Generall Assemblie presently convenit, having advisedly considerit the necessitie of electing and chuseing Commissioners from th:s present Assemblie for giving advice to his Majestie anent tlie suppression of pa- pisticall superstition qwhilk increases mair and mair dayly within this realme ; therefore they have made, and constitute, and ordaynit, likeas they, be the tenor heirof, maks, constitutes, and ordaynes Mr George Gladstones, Bischop of St Andrews ; John Spotswood, Bischop of Glasgow ; David Lyndsay, Bischop of Ross; Alexander Lyndsay, Bischop of Dunkeld ; Peter Blackburne, Bischop of Aberdeene; James Law, Bischop of Orknay; Alexander Douglass, Bischop of Morray ; Gavin Hamiltone, Bischop of Galloway ; Alexander Forbes, Bischop of Caithnes; Andrew Lamb, Bischop of Brechine ; Andrew Knox, Bischop of the Isles ; Patrick Galloway, Patrick Simsone, David Hoome, John Clappertoune, John Knox, Robert Howie, John Hall, John Caldcleuch, John Strachane, Andrew Boyde, Andrew Leitch, Robert Wilkie, Patrick Scharpe, George Hay, Patrick Lyndsay, William Scott, Adame Ballantyne, John Hay, William Cow- per, or any elevin of them, their very lawful! and undoubtit Commissioners from this present Assemblie; givand, grantand, and committand unto them, or any elevin as said is, their full power to plant such kirks in burrowtownes as presently are or shall be found destitute of pastors, before the next Assemblie. Attour, if it shall happen the King's Majestie to be grievit at ony of the ministry for qwhat- soever enormitie committit be them against his Heines, with power to them, or any eleNin of them, as said is, to try and cognosce thereupon, and to take such order thereanent as they shall think expedient to the glory of God and weill of the Kirk ; and, finally, with power to tht m to piebcnt the grieves and pttiliones of 584 RESCINDED ACTS [1608, the Kirk to his Majestic, his Heines Secret Counsell, Generall Coiiventiones and Parliaments that shall happen to occurr before the next Assemblie, and to crave redresse of the samen ; ordayning them to give accompt of their proceedinge to the next Generall Assemblie quhen it shall happen to conveine, &c. It is al- wayes specialiie provydit, that this present nominatione of the same Commis- sioners quhilk were for the most part Commissioners in the last Assemblie, shall no wayes be prejudiciall to the A3seml)lie's liberty in choising and electing Com- missioners quhom they shall think most meit and expedient, neither shall this election indure or import any perpetuity of the office in the persone of the per- sones electit Item, It is statute that the haill Commissioners be desyrit and warnit to keep all their conventiones is opportunitie the same day may be done. Forsuameikle as the distractiones and eyelists quhilks are suspectit to be in the hearts of the brethren among themselves, is one of the maist speciall and ur- gent causes of the increase of Papists and Papistrie within this realme : There- fore, for avoyding thereof, that certain of the brethren, viz.. The Bischops of St Androis, Ross, Glasgow, Orknay, Mrs John Hall, Patrick Simsone, Wm. Cowper, and John Knox, conveine with his Majesties Commissioners to advyse upon the most solide and substantious overture for removeing of the saids eylists and distractiones, and to reporte the same to the Assemblie the next Sessione. Sess. 7. Julii 29. The said day the brethren appoyntit for advysing upon the best overtures anent the distractiones and eylists that were enterit in the hearts of the ministry declarit, that after mature deliberatione they fand the saids eylists and contro- versies to aryse either upon distractions of afFectiones, or else diversitie of opi- niones, the first whereof being carnal 1, and therefore more dangeious, because it sufferit not the brethren quhais aflections were separate to unite themselves with efald and uniforme counsell and advyce, to resist the subtill practises of the common enemie, and so give him place with his iubtill crafts to enter in the Kirk of God, and thereby to supplant and undermyne the same; Therefore their advyce was, that as the danger increases be the nourisching of the dis- tracted affections of the brethren, even so the cure was the more necessary, and the more hastily to be applyit, to wit, Tiiat the haill brethren of the ministrie sould presently, in the fear of God, lay down all rancour and distractione of hearts and affectiones, quhilk cither of them hes borne against uthers in all tymes bypast, and be reconcilit in the heartie affectione in Chiist, as becomes them quho are ministers of the word of God, and preachers of peace. Christian love and charitie to his people, to the effect that this heartie reconciliatione, their hearts and advyce may be eonciliat for disappoynting of the crafty devyse of the enemy. Quhilk advyce the haill brethrene of the Assemblie maist vvillinglie and heartilie imbraced, and ordained every ane of them, alsweill Commissioners present as of the ministry that were absent, to obey the same, by laying downe and casting away all grudge or rancour that any of the brethrene bear at uthers ; in token qwhereof, and of an efauld union of hearts and affections, they all held up their hands to God, testifying to his Majistie the truth of their hearts in the said matter; and lykewayes they ordaynit the same to be intimat to the rest of 1608.] OF ASSEMBLY. 585 the brethien at their returning to their Presbytries, to the effect the same may be done in every Presbytrie immediately after their returning, as said is — inhibiting also and dischargeing any such distractions or rancours to be among them, either in afft-ctione, word, deed, or countenance, but that they concurre in ane mutuall friendship and amitie in God, as becomes tlie pastors of the Kirk of Christ; and qvvhosoever does in the contrair, that he be censurit in his awne Presbytrie or Synod, — and in caice of negligence, the Commissioners of tlie Assemblie. As for the second cause of cylists, qwhilk is said to aryse upon diversitie of opinioncs, because these diversities of opinions results upon different judgements amongst the brethren, concerning the externall government and discipline of the Kirk, qwhilk cannot so schortly be discussit and advysit upon as the brevitie of this Assemblie permitts : therefore it was the opinion of the brethren for- said that the same sould be delayit to ane tyme mair convenient : and in the meantyme, certaine appoynlit to reasone, intreat, and advyse upon the same, quhilk lykeways the Assemblie hes thocht expedient — and, therefore, they have electit and chosen the brethren after following, viz. The Bischops of St Androis, Glasgow, Dunkeld, Orknay, Cathnes, M' Patrick Scharpe, Robert Howie, John Mitchcllsone, Henry Philip, George Hay, Patrick Galloway, John Hall, Patrick Simsone, W". Scott, Archbald Oswall, John Knox, John Carmichaell, Adam Ballantyne, John Weems, and VV"\ Cowper, their Commissioners in that part, to convein with his Majestie's Council) as his Hienes shall appoynt, at such tyme and place as tliey shall be requyrit be his Majestic, and to treat, reasone, and consult upon all matters standing presently among the brethren anent the dis- cipline of the Kirk, and quhatsoever they agree upon to report to the nixt Gene- rail Assemblie. And, in the meantyme, quhill the nixt Assemblie, for an interim, the advyce of the brethren convenit at Falkland the 16 of Junii last, be observit anent the constant Moderator. Item, It is statute and ordaynit, that as upon every fifth day of August, pub- lick thanksgiving is given to God for preservatione of his Majestic from the treasone of sometyme John Earle of Gowrie throughout all the pairts of Great Brittaine, and that the same be intimate at every paroche Kirk with all possible diligence ; ordayning that such as refuses to doe the same, be observit and delait to the Commissioners of the Generall Assemblie. Item, Because the brethren appoyntit for tryell of the diligence of the Com- missioners appoyntit be the last Generall Assemblie for visitatione of the Pres- bytries and report, that it was ane generall grief and complaint given in be the fevp commissioners that had producit their diligence of the great desolatione of the want of pastors, and in special! of the farthest of the North and South partes ; therefore the brethren ordaint the commissioners of this present Assemblie to direct ane supplicatione to his Majestic for taking order for planting of the kirks within this realmc; and in respect of the great necessitie of the kirks of Annan- dale, Ewisdale, and Eskdale, and the rest of the kirks of the daills quiiilks are altogether unplantit, as likewayes, the kirks of Cathnes and Ross, in the quhijks it is regraited that in many of them the holy communione was never celebrate : Therefore the Assemblie hes given and grantit, likeas they be the tennor heirof gives and grants their full power and commission to their brethren underwritten, 586 RESCINDED ACTS [1608. viz., to the Biscliop of Glasgow and Mr John Knox, for visitatione of the kirks of Annandaill, Evisdaill, and Eskdaill, and remanent daills unplantit as said is, and to the Bischop of Caithnes, George Dowglass, and Mr Wm. Dovvglass, for visitatione of the kirks of Caithnes and Rosse, with power to them to plant ministers at the kirks witiiin the saids bounds respective, and to try the literature, qualificationo, and conversatione of such as are already plantit, and in caise of insufficiency to depryve them from their functione ; with power also to cau=e kirks be re-edified qulier as they are demolisched, and if need beis to unite kirks qwher necessitie requires, and to report their diligence to the nixt Assemblie — prvmitten de rato. Sessio Ultima. Pcnuitimo die Julii, Ante Meridiem. Jtem, Because ane great part of the desolatione of kirks proceeds from the absence of certaine of tlie ministry from their flocks, be reasone they are so con- fynif, therefore the Assemblie hes thocht it expedient that the Commissioners direct ane humble supplicatione to his Majestie, most humbly desyrand his Hienes to sett at libertie such of the ministrie as are confynit, to the effect be their presence and awayting on their cure their flocks may be comforted, qwhilks are now left desolate. Ilem, Because it is humbly lamentit that the inhabitants of the towne of Aberdeeiie ceases not yearly to elect and chuse such persones to be magistrals and upon their counsell as are wilfull and profest Papists, and enemies to the truth profest within this realme, to the dishonour of God, and dishearting of such as feares his name, and contempt of discipline within that burgh ; There- fore it is ordaynit be the Assemblie that the Presbytrie of Aberdeene inhibit the Councill and inhabitants of the said burgh, that they elect nor chuse no Papists to beare office of ane magistrate or upon councill in no tyme coming, and if they doe in the contrare, that they proceed against them with the censures of the Kirk ; Ordayning lykewayes the Commissioners appoyntit for his Majestie to adjoyne this petitione to the rest of their supplicationes, that by his royal autho- rity, ane civill paine may be imponit upon the contraveeners of the said act. Item, It is ordaynit that no minister in ony tyme coming, take upon hand to solist in favour of Papists or suspect of Papistrie, either before the civill or spi- ritual! Judge or utherwayes, cither be word or wreit, under the pain of depriva- tione. Item, Because there is sundrie supplicationes given in to the Generall Assem- blie quhilk, for the schortness of tyme, cannot be decydit and answerit; therefore tlie Generall Assemblie remitts the same to their Commissioners above consti- tute, ordayning them to conveen upon the 15 of Nov. nixt to come, and there to decyde and answer all such bills and supplicationes as shall be direct unto them upon the back from this present Assemblie. Item, Because it hath pleasit God of his mercy to grant ane good and happy successe to this present Conventione, to the comfort of his awne Kirk and dis- contentment of his enemies ; therefore the Assemblie ordaynes the same to be intimate be every Presbytrie at their severall paroche Kirks immediately after (lie dissolving of this Conventione, and that they give publick thanks for the same. 1610.] OF ASSEMBLY. 587 and pray God for a prosperous and a lang reigne to his Majestie and the health of his Royall posteritie. The next Generall Asscmblie is ordaynit to hald at Edinburgh the last Twes- day of 3Iay 1609 years, if his Majestie shall think expedient. Thanks being given to God for the prosperous event of this Assemblie be prayer and singing of psalmes, the same was dismissit. Thk Generall Assemblie of the Kirk of Scotland, halden at Glasgow the 8 ofjunii 1610 years, where was present the King's Commissioners, viz. the Earle of Dumbarr with the Bischopes, with the Commissioners of Presbytries. Moderator, Follows the Heads and Articles concernyng the discipline of the Kirk to be observit in all tyme coming. In the first, it is declarit that the allegit Assemblie haldin at Aberdeen is null in the self, speciall in respect it had not his Majestie's allowance, and was dis- chargit be his Majestie's Commissioner. And because necessitie of the Kirk craves that for order taken with the com- mon enemie and uther aflaires of the Kirk, there shall be yearly Generall Assem- blies, the condition whereof the Assemblie acknowledges to appertayne to his Majestie be the prerogative of his royail crowne ; and, therefore, the Generall Assemblie maist humbly requests his Majestie, that Generall Assemblies be halden ance in the year, or at the liest, in respect of the necessitie forsaid, that his Ma- jestie wold appoynt ane certaine tyme at the quhilk the samen shall be halden precisely in all tyme coming. Item, It is thocht expedient that the Bischops shall be Moderators in every diocesane Synod, and the Synods shall be halden twyse in the year, of the Kirks of every diocie, viz. in Aprill and October, And quher, as the diocies are large, that there be two or three Synods in convenient places for ease of the ministry. Item, That no sentence of excommunicatione or absolutione therefra be pro- nuncit againes or in favours of any persone without the knowledge and approba- tione of the Bischop of the diocie, quho most be answerable to his Majestie for all formal! and impartiall proceedings therein ; and the proces being found formall, the sentence to be pronuncit at the directione of the Bischop, be the minister of the paroche quhere the oH'ender dwells and their proces began. And in caice the Bischop shall be found to have stayed the pronuncing of the sentence against any persone that hes merite the same, and against quhom the proces has been lawfully deducit, that advertisement shall be made to his Majestie to the effect ane uther maybe placit in his rowme. Item, That all presentationes heirafter be direct to the Bischop ; and upon any presentatione given or utherwayes sute made be any to be admittit to the minis- try, the Bischop is to requyre the ministry of these bounds qwliere he is to serve, to certifie by their testificat unto him of the partie suiter, his conversatione past, his abilitie and qualificatione for the functione ; and upon returne of their testi- fjoat, the Bischop is to lake harder tryall, and finding him qualifyed, and being 588 RESCINDED ACTS [1610. assistit be such of the ministry of the bounds qwhere he is to serve as he will assume to himself, he is then to perfect the haill act or ordinatione. Item, In depositione of ministers, the Bischope associating to himself the ministry of these bounds qwhere the delinquent serves, lie is then to take tryall of his fault, and upon just cause found, to deprive him. Item, That every minister, in his admission, shall swear obedience to his Ma- jestie and his ordinar, according to the forme sett downe in the conferrence keepit in the year of God 1567, qwhereof the tenor follows : — The Forme of the Oath to be given to the Persone provydit to any Bene6ce with Cure, the tyme of his Admission be the Ordinar. I, A. B., now nominal and admittit to the G. of K., utterly testifies and de- clares on my conscience, that the richt excellent, richt liiche and mighty Prince James the Saxt, be the grace of God King of Scotts, is the only lawfull, suprcame governour of this realme, alsewell in things temporall as in conservatione and purgatione of religione, and that no forraigne Prince, Prelat, nor Potentate, hes or oucht to have jurisdictione, power, superioritie, preheminence or authority, ecclesiasticall and spirituall, within this realme ; and therefore I utterly renunce and forsake all forraine jurisdictiones, powers, superiorities, auctoritie, and pro- mises ; that from this furth, I shall and will bear faith and trew alleadgeance to his Hienes, his airs, and lawful successors, and to my power shall assist and defend all jurisdictions, priviledges, preheminences, and auctorities grantit and belangand to his Hienes, his airs, and lawfull successors, or united and annexed to his Royall Crowne : And farther, I acknowledge and confesse to have and hald the said G. possessions of the same (under God only) of his Majestie and Crowne Royall of this realme : and for the saids possessiones, I do homage pre- sently unto his Hienes in your presence, and to his Majestie, his aires, and law- ful successors, shall be faithful and trew : Swa help me God. Item, The visitatione of ilk diocie is to be done be the Bischop himselfe ; and if the bounds shall l)e greater than he can overtake, he is then to make speciall choyce, and to appoynt some worthy men to be visitors in his place ; and quhat- ever minister, without just cause and lawful) excuse made, shall absent himselfe from the visitatione of the diocesian Assemblie, he shall be suspendit from his office and benefice, and if he amend not, he shall be depryvit. Jtem, Exercise of doctrine to be continowit weekly amangst the ministers at the tymcs of their accustomed meetings, and to be moderatit be the Bischope, if he be present, or then be ane uther quhom he sail appoynt at the tyme of the Synod. Item, The Bischope shall be subject in all things concerning his life, conver- sation, office, and benefice, to the censure of the Generall Assemblie, and being found culpable, with his Majestie's advyce and consent, to be depryvit. Item, That no Bischop be electit but who hes past the age of fourty years compleat, and quha at liest hes been an actuall teaching minister ten years. Qwhilks haill articles being diverse tymes publickly read in the face of the haill Assemblie conveinit, after voteing, the samen was ratified, approven, and con- cludit be the haill Assemblie, and ordaynit to be observit in all tyme comeing. 1616.] OF ASSEMBLY. 589 Forsuameikle as in this present Assemblie it is already statute, that the exer- cises shall be moderat be the Bischopes in the meitings of the ministry, if they be present, or then be any uther qwham they shall appoynt at the tyme of the Synod, and because the next Synod is not to be holden before the month of Oc- tober nixt to come, therefore it is ordaynit, that in absence of the Bischope, ane constant Moderator shall remaine in their owne places qwliill tiie next Synod be holden in October. liem. Because it is uncivill that laws and constitutions, either civijl or eccie- siasticall, being ance established, and in force by publick opinion and consent, should be controllit and callit in question be any persone, therefore it is statute by uniforme consent of this haill Assemblie, that none of the ministry, either in pulpit in his preaching, or in the publicke exercise, speake and reasone against the acts of this present Assemblie, nor disobey the same under the paine of depriva- tione, being tryit and convict thereof; and specially that the question of equalitie and inequalitie in the ku-k, be not treatit in the pulpit under the said paine, and that every ane of the Commissioners present intimat this act in the first meeting of their services. Extract furth of the Registre of the Acts of the Generall Assemblie be Mr Thomas Nicolsone, Commissar of Aberdeen, Clerke, Keeper and Extractor heirof. • The Generall Assembly of the Kirk of Scotland, halden at Aberdein the 13th of August 1616 years, qwhere was present the Earle of Montrose, Commissioner for his Mnjestie, together with the Archbischops, Bischops, and Commissioners for Presbytries. Exhortatione being made be Mr John Spotswood, Archbishop of St Androis, was chosen Moderator. Sess. 2'. August 14. Forsuameikle as the maist urgent causes of the convocation of this present As- semblie is to obviat the great increase of Papistrie within this realme, and to try out the just causes thereof, to the effect that sufficient remedies may be provydit for redressing of the same in all tyme coming, and that it is found be the haill Assemblie that ane great part of the causes of the increase forsaid relyes presently upon the slackness of the ministers in their holy profession, and pairtly upon the not executing of the lawes, alsewell civill as ecclesiasticall, against such persones as either were excommunicat themselves, and openly continuit the said censure, or qvvho intertaines, receiptes, and maintains qwha are excommunicat, or qwho were the traffiquers against the trew religione presently profest within this * The acts of this Assembly were ratified by act of the Parliament in 1612, a ropy 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. 590 RESCINDED ACTS [1616. realme : For remeid qwhereof the whole Assemblie in aiie voyce hes statute and oVdaynit in manner after following ; In the first, for the better tryall and discovering of Apostates, It is statute and ordainit that qwhosoever hes confessit the trevv religion presently profesl within this realme, and hes subscrivit the same, and has receavit the holy communion of the Supper of the Lord, and communicat conforme to the order prescryvit with- in this rtalnie, if at any tyme hereafter he or she be found in any tyme either to reasone or gainstand the trew religione presently profest within this realme, or any particular head thereof, or to raill against the same, or else directly or indi- rectly to be a seducer or perverter of others from the said truth presently profest as said is, or if he or she be found to resett or intertaine any traffiquing Papists, Jesuites, or Seminarie Priests ; any one of the said facts or deeds shall be ane sufficient cause of apostacie, and these doers shall be repute and punischit as apostates : and because the probatione in the saids causes is difficile and almost impossible, in respect that the said deeds are committit covertly and quherin pro- batione hardly can be producit; therefore it is statute, that in caise their proba- tione cannot be had, that it shall be lawful! to prove the same be the oath of the pairtie alleadgit committer of the saids facts and deeds, and that it shall not be leium to him to refuse to give his oath in the saids matter, upon whatsomever collour or pretence of criminall action or wlhers following thereupon ; and to this effect that ane supplicatione be direct to his Majestic, that it might please his Hienes to sett downe ane ordinance for ratificatione of the former statute, to the effect it may be receavit in all judicatories. Item, It is statute, if any persone or persones quho hes conformit himself to the trew religione presently profest within this realme, and hes subscryvit the Confession of the Faith and receavit the Communion, if in any tyme hereafter he or they doe not haunt the ordinare exercises of religione, being admonisched be their ordinare Pastor trina admonitione, the same being proven shall be ane cause to punische them as held and repute apostates. Item, It is statute and ordainit, that qwhatsoever persone, knowne of before tyme to have been a Papist, and after reconciling to the Church, he shall betryit and found to weare and beare under persone Afjnus Dei beads, cross, crucifixes, or to have uther house idols or images, or in their books such things as before they have superstitiously used, the same shall inferr just suspicione of apostacie and falling back ; and they being convict thereof, shall be balden and repute as apostats. Item, It is statute and ordainit, that qwhensoever any minister shall receave any Papist returning from his errors to the bosom of the Kirk, that at the tyme of his receaving, the minister shall first take his oath solemnlie sworne, that he shall de- clare the verity of his fayth and belief in every particular poynt and article con- tayning the Confessione of the Faith qwhilk shall be speirit at him, and that im- mediatly the said minister sliall examine him particularly upon every head con- tained in tlie said Confessione of Fayth, and receave his particular answer thereupon affirmative ccnforme to the same, utherwayes he shall not be receavit. Item, It is statute anent the wyfes of noblemen and wthers qwho receipts traf- fiquing Papists, Jesuites, Seminarie Priests, and if the same were done against 1616.] OF ASSEMBLY. 591 the will and knowledge of their husbands, tliat all such women shall be callit and convenit for the said receipt and intertainment; and their being convict therefore, they shall be wardit ay and qwhill they finde sufficient cautione to abstains from the lyke in all tyme coming under a certaine paine, but prejudice of any actione that may be competent against their husbands, conform to the lawes of this realme. Item, Because the speciall cause of increase of Papistrie proceeds upon the not putting to executione of the statutes and acts of Parliament made against trafliqueing Papists, or Seminarie Priests, that therefor an applicatione be directed to his Majestic, that it will please his Ilienes to lake sucli order that the lovable laws and acts of Parliament made be his Majestie in tymes bypast against traf- fiqueing Papists, Jesuites, or Seminarie Priests, may be put to executione in tyme coming with rigour. Item, It is statute that the haill names of Papists recusants, within this realme, be given in be the Commissioners of this present Assemblie, to the clerk, to be delyverit be him to the Archbisthops of St Androis and Glasgow, conforme to their several! provinces, to the effect they may be callit and conveinit before them in the hie commission, and punisched as accords ; but prejudice alwayes of uther ecclesiasticall censure and discipline of the Kirk statute against them of before. Item, It is ordaynit that every ane of the ministry give up the names of such of their paroche as hes past furth of the cuntrie, and not found caution for their behaviour and sincere professione of the trew religione furth of the samen, conforme to the act of Parliament, to the effect they may be callit, convenit, and punishit therefore. Item, It is statute that the haill names of the persons excommunicat within this realme quhilk shall be given up be the Commissioners, be delyverit to the Bischope of every diocie, quho shall delyver a catalogue of the names to every minister within his diocie, ordayning every minister to make publick intimatione thereof at every ane of their paroche kirkes, upon Sunday, in tyme of divyne service, that no man pretend ignorance of the same ; charging and inhibiting every one of their paroche, that they neither receipt the saids excommunicants nor intercommon with them ; certifying them and they doe in the contrare, they shall be callit and conveinit as receipters of traffiqueing Papists and excommuni- cat persones, and punisched for the same. Item, The Assemblie recommends to the care of Bischops within their dioces, and Ministers within their congregationes, to travell with the noblemen, gentle- men, and burgesses, that there be the ordinarie exercise of reading and prayer within their houses, as also ane prayer for the King's Majestie and his children every meal. Sess. \o.* August 15, 1616. Item, Because there are some pamphlets and books full of calumuies quyetly • 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. 592 RESCINDED ACTS [1616. sett furth and spread within tiiis countrie be the Papists and enemies of trew religion; therefore the Assemblie hesordaynit Mr Wm. Scott, minister at Cowper, and Mr William Struthers, minister at Edinburgh, shall make answers to the said books and pamphlets, to the effect that thereby the people may be instructit how to beware of the same, and the said errors and calumnies may be refutit. Item, Because it is certainly informit that certaine women tacks upon them to bring up the youth in reading, sewing, and wthers exercises in schools, under pretext and cullour quherof traffiquing Papists, Jesuites, and Seminarie Priests, hes their appoyntit tymes of meeting, at the quhilk tyme they catechise and per- vert the youth in their growing and tender age, in such sort that heirby there- after, by great paines and travells, can they be brocht from their errors to the acknowledgeing of the truth presently profest within this realme : It is therefore statute and ordaint that it shall not be leisume to quhatsoever persone or per- sones to hold any schools for teaching of the youth, except, first, they have the approbation of the Bischop of the diocie, and be first tryit be the Ministers of the Presbytry quhere they dwell, and have-their approbatione to the effect forsaid. Item, Because it is ane great abuse in people passing to pilgrimages, wells, and old chapells, as lykewayes in putting up of banefyres ; Therefore it is ordaint that the brethren of the ministry be diligent in teaching of tlie people and preaching against such abuses and superstitione, to the effect they may be re- callit from the saids errors, and lykewayes that the minister take diligent tryall of the names of those quho haunts those pilgrimages, and delait the same to the Archbischopes of St Androis and Glasgow, every ane within their owne pro- vinces, to the effect they may be callit before the Commission and punischit for the same. It is lykewayes ordaynit that their names be delyverit to the Justices of Peace within the places of their pilgrimages and dayes of their meetings, and that they be requestit and desyrit to attend upon the saides dayes of their meetings, and to disturbe and divert them therefrom be apprehending and punisching them. Item, It is ordaynit that every minister give up the names of idle sangsters within their paroche to the Justices of Peace, that they may be callit and convenit before them and punischit as idle vagabonds, conforme to the Acts of Parliament and power given to the saids Justices thereanent. Item, Because it is found that diverse of the saids Jesuites, traffiquing Papists, and Seminarie Priests, goes about under collour and pretext of Doctors of Phy- sicke and Apothecaries, deceaving and perverting the people from the trew reli- gione profest within this countrie; Therefore ane supplicatione wald be direct to his Majestie, that it wald please his Hienes to statute and ordaynethat none here- after be sufferit to wse and exerce the office of ane Doctor of Physicke or Apo- thecar whill first he have ane approbatione from the Bischop of the dioces qwhere he maks his residence, of his conformity in religione, as lykewayes from the Universitie qwhere he learnit and studyit, of his qualificatione in the said airt. Theqwliilk day appearit in presence of the haill Assemblie, John Gordoune of Buckie, in name and at the directione of. ane noble and potent Lord, George Marques of Huntlie, and presentit ane pctitione direct be the said Marques to the said Assemblie, subscrivit with his hand, desyrand ane answer of the same to 1616.] OF ASSEMBLY. 593 be given be the Assemblie, qwliereof the tenor follows, as is to be found in the end of this Assemblie.* As lykewayes was producit be ane letter direct from the Archbishop of Canterbiirie, together with ane uther letter from the King's Majestie, concerning the absolutione of the said Lord Mar- ques from the sentence of excomniunicatione made be the said Archbischop of Canterburie, qwliilk were both read in presence of the haill Assemblie, and or- dainit to be registrat in the Acts of the Generall Assemblie ad perpetuam rei me- moriam, qwhereof the tenor follows: Here to insert the two letters quhilk. is to be found afterward.* With the quhilk the Assemblie being ryplie advysit, hes thocht it maist expe- dient that the said Marquess compeir in presence of the whole Assemblie, there to testifie his conformitie in the poynts of religione, and resolutione to abyde thereat, and so to be absolvit from the sentence of excomniunicatione pronuncit against him ; and therefor ordaines the said John Gordoune of Buckie to adver- tise the said Lord Marques, that he compear before the Assemblie upon Wednes- day nixt to come, the 21 of August instant, to the effect forsaid ; and for the better furtherance heirof, the Assemblie hes desyrit the Lord Commissioner and Lord Archbishop Moderator, to write thir letters to the said Lord Marques for the causes forsaids. Sess. August 16, 161G. The quhilk day, the Lord Commissioner for his Majestie producit certain in- structiones direct be his Majestie to the said Lord Commissioner to be preponit to this present Assemblie anent the provisione of the remedie for the defectione and falling away of many from the truth, quhereof the tenor followeth : Instructions to the richt trusty and well-beloved Cowsing and Counsellor the Earle of Montrose Here to be insert.* Qwhilk being read in audience of the haill Assemblie, they most humbly thanked his Majestie for the great care and solicitude his Majestie alwayes tooke for the advancement of the glory of God and professione of the trew religione within this realme, and holding downe and suppressing of papistrie and superstitione within the same ; and as to the said instructions, the brethren were ordaynit to advyse therewith qwhill the morne. Sess. August 17, 1616. Anent the said instructiones direct from his Majestie to this Assemblie, the said Assemblie being rypelie advysit therewith, hes statute and ordaynit as fol- loweth : In the first, concernying the cause and defectione of many from the trew re- ligione in this kingdome, and the remedies thereof, the Assemblie hes set them down in the articles made before in this present conventione ; and therefore most * None of the documents marked with an asterisk referred to in these minutes are to be found in either of the copies of the Sooke 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. 594 RESCINDED ACTS [161G. humbly desyres his Majestic to confirme and allow them, and make them receave executione. Item, Because the laicke of competent maintenance to ministers is the chief cause of the evill qwhilk lyes upon this kirk, qvvhilk for the maist pairt proceeds from the dilapidatione of benefices ; to the effect therefore that the progress of that evill may be stayit, and some meines devysit to recover that qwhilk by ini- quitie of tyme has been losit, the Assemidie remitts the tryall, cognitione, and whole dispositione of this matter to the Commissioners appoyntit from this As- semblie for the causes underwritten. And in the meintyme, inhibits and dis- charges all ministers who are beneficit persones, and uthers that are members of any chapter, to sett in tack and assedatione, any pairt of their benefices, either in long orschort tackes, to qwhatsoever persone or persones, or as members of chap- tor to give their consentes to any tackes or assedationes sett be uthers, qwhill the saids Commissioners have conveinit and taken order anent dilapidatione of benefices and forme and manner of setting of tacks, under the paine of excom- inunicatione of the persons setters of the saids tacks and consenters thereto, and deprivatione of them from their benefices. Item, Because the provisione of learnit, wyse, and peaceable men to be mi- nisters at chief Burrowtownes in vaickand places, such as Edinburgh, Perth, Aberdeene, Bamff, and uther places vaickand, is ane most effectuall meane to root out Poprie and perpetuat the trew professione of religione ; it is therefore or- daynit that the burrovvtowns be provydit with the most learnit, wyse, and peace- able men that maybe had ; and because the commissioners of the towne of Edin- burgh hes no commission from the said toune anent the provisione of ministers to the vaickand places within their said kirk, therefore the care thereof is com- mittit to the saids commissioners, to quhom it shall be injoynit in their commis- sion, that they sie the same performit ; and as to Perth, the Assemblie ordaynes my Lord Bischop of Galloway to deall with the Commissioners of the towne of Perth for provisione of that vaickand place ; and sicklyke ordaynes the Provost of Aberdeene to advyse with the counsell anent the planting of the said kirk, to the effect sufficient and qualified men may be nominat and provydit to the saids places before the dissolving of this present Assemblie. Item, Because ane speciall care should be had of the places of noblemen their residence, chiefly of such as were thoucht to inclyne to Poprie; therefore tlie As- semblie statutes and ordaynes, that the Lords Archbiscliops and Bischops, with the advyce of their Synods, take care that most learnit and discreet persones of the ministrie be appoyntit to attend the saids places, and be transportit tliereto, sic as the kirks of Bellie, North Berwick, Cockburnespath, Paslay, and wthers places quhere noblemen make residence, chiefly those quho are thought to inclyne to Poprie, and that they have a care of their maintainance and suflScient provi- sione ; and if the same be small, that these that are appoyntit to attend at the saids kirks carie their livings and rents witli them quhill farther order be taken. Item, Forsuameikle as ane of the maist speciall means for staying the increase of Poperie, and settleing of the trew religione in the hearts of the people, is, that ane speciall care may be taken in the tryell of young children, their education, and how they are catechisit, <|wliilk in the ineantynie of the primitive church was 1G16.J OF ASSEMBLY. 595 most carefully attendit, as one of the most eflectuall meanes to cause young children in their tender years drink in the trew knowledge of God and his religione, but is now altogether neglected in respect of the great abuse and errors quhilks creip in into the Popishe church, upon the said good ground he ^'gg'fg tliereupone ane Sacrament of confirmatione ; therefore, to the intent that all errors and superstitione quhilk hes been biggit upon the said ground may he rescindit and taken away, that the matter itself being most nccessar for educatione of youth may be reducit to its owne integritie : It is statute and ordaynit that the Archbishop and Bischops in the visitatione of the kirks, either be themselves, or qwhene they cannot overtake the bussiness, the minister of the paroche, make all young children of such yeares of age be presentit before them, and to give confession of the faith, that so it may appear in quhat religion they have bein traynit up, and that they be commendit to God by prayer at the tyme, for the increase of knowledge and continwance of his grace with them after that tryall ; that the minister of the paroche, every two or three years, ance at the least, re-examine them, that after sufficient growth in knowledge they may be admittit to the holy communione ; and it is desyrit that ane supplicatione be direct to the King's Majestie, humbly craving that it wold please his Hienes to injoyne ane punischment upon such parties as either do not present their children, or shall be found negligent in their right instruction, and that they be callit and convenit therefore before the High Commission. Item, It is statute that the simple professione ol the faith underwritten be universally receavit tliroughout this whole kingdome, to the qwhilk all hereafter shall be bound to swear and sett their hands ; and in speciall all persones that bear office in the Church, at their acceptatione of any of the saids offices, and lykewayes Students and Schollars ; of the qwhilk Confessione the tenor fol- lows : — Here to insert the Confession of Faith.* Item, It is statute and ordaynit that a Catechisme be made, easie, short, and cempendious, for instructing the common sort in the articles of religione, qwiiilk all families shall be subject to have, for the better informatione of their children and servants, qwho shall be halden to give accompt thereof in the examinationes before tiie communione : and for the better effectuating heirof, the Assemblie hes ovdaint Mr Pat. Galloway and Mr John Hall, ministers at Edinburgh, and Mr John Adamsone, minister at Libbertone, to forme the said Catechisme, and to have the same in readiness before the first day of October nixt to come, to the efiect the same may be allowit and printed with the King's Majestie's licence .- the qwhilk Catechisme being so printed, it is statute and ordainit that no uther hereafter be printed within this realme, nor used in families for instruction and examinatione of their bairnes, servants, nor the people, in all tyme comin". Item, It is statute and ordaynit that ane uniforme order of Lyturgie or Divine Service be sett doune to be read in all Kirks on the ordinarie dayes of prayer, • The Confession here alluded to is not inserted in the MS. copied ; but it will be given among the documentary illustiations in the Nvtcs. ^06 RESCINDED ACTS [1616. and every Sabbalh day before the sermone, to the end the common people may be acquainted therewith, and by custome may learne to serve God rightlie : and to this intent, the Assemblie hes appoyntit tlie saids Mr Patrick Galloway, Mr Peter Elliot, Mr John Adamsone, and Mr W™. Erskine, minister at , to revise the Book of Common Prayers contenit in the Psalme Book, and to sett doune ane common forme of ordinary service to be used in all tyme hereafter, quhilk shall be usit in all tyme of common prayers in all Kirks quhere there is exercise of common prayers, as lykewise be the minister before the sermone quhere there is no reader. Item, It is statute and ordaynit that in all tyme hereafter, the holy Communion be celebrate in ail Kirks within this realme at the tymes following, viz in Bur- rowtownes, the Communion shall be celebrate four tymes in the year, and twyse in the year in landward Kirks, so that ane of the tymes alseweel in Burrovvtounes as landwart shall be at the tyme of Eister yearly; and if any persone shall not communicat ance in the year at ane of the foresaid tymes, that it shall be humbly requyrit of his Majestic that the penaltie of the Act of Parliament may be exactit of such persones with all rigour. Item, It is thoucht most necessare and expedient that there be ane uniformitie of Church discipline throughout the whole Kirks of this Kingdome; and to that effect it is statute and ordaynit that a Book of Cannons be made, published in ■wreit drawn furth of the Books of formall Assemblies, and quhare the same is defective that it be supplied be the Cannons of Counsel! and Ecclesiasticall Con- ventiones in former tyme, the caire quherof the Assemblie be tbir presents com- mitts to the Richt Reverend James Archbishop of Glasgow, and Wm. Struthers, minister at Edinburgh, quho shall put in forme the said Ecclesiasticall Cannons, and present them to the Commissioners appoyntit be this Assemblie ; to quhoui power is given to try, examine, and after their allowance and approbatione there- of, to supplicat to his Majestie that the same may be ratified and approved by his Royal authoritie, with priviledge to put the same in print. Item, It is statute and ordaynit, that for the help of posteritie, and to continue the light of the Gospell with ages to come, the Divinitie Colledge foundit at St Androis, quhilk sould be the seminarie of the Kirk within this realme, be maintainit and upholden, and ane speciall care taken thereof; and because the rent thereof is meine for the present, it is ordaynit that for the provisione of some students in divinitie every diocie shall intertaine two, or according to the quan- titie of the dioces so many, as the number may aryse to twenty-sax in haill — re- spect being had to the mienness of some diocies, and greatness and powers of wthers, so that the leist diocies in their contributione shall be helpit and easit be the greater : in the qwhilk number it is ordaynit that the halfe at the leist be the sonnes of poor ministers, and be presentit be the Bischops of the diocies to the place. Item, The Assemblie ratifies and approves the former Act made in the Assem- blie lioldin at Halyrudehouse the tenth day of November 1()02 anent the sacra- ment of baptisme, that the same be not refusit if the parent crave the same, be giving ane Christian confessione of his fayth upon any uther particular pretence of delay to tyme of preaching, with this extentione and additione, that baptisme 1616.] OF ASSEMBLY. 597 shall no wayes he denj-it to any infant qulien ayther parents of tlie infant, or ony uther faithful! Christiane in place of the parents, shall requyre the same to the infant, and that tiie same be granlit ony tyme of day, butt ony respect or delay till the hour of preaching. Item, It is ordaynit that every minister have ane perfect and formall register quherin he shall have registrat the particular of every baptisme of every infant within his paroche, and quha wer witness thereto, the tyme of the marriages of all persones within the same, and the speciall tyme of the buriall of every ane deceisand within their parochine, and that they have the same to be in readiness to be presentit be every ane at their next Synod Assemblie, under the paine of suspensione of the minister not fulfilling the same, from his ministry ; and it is declared that the saids Commissioners in their supplicatione direct to his Majestie, wald crave humbly that his Majestie wald ordaine the extract furth of the said re- gistres to make faith in all tyme comeing ; and quho so observes this Act, the Arch- bischops and Bischopes shall let them have their qoats of their testaments gratis. Acta Sessione Ultima. The quhilk day, in presence of the whole Assemblie, compeirit the noble and potent Lord, George Marques of Huntlie, and declareit that he had direct before, John Gordoune of Buckie to present his supplicatione to this present Assemblie, quhereof the tenor is insert before: Lykeas of new, he reiterat the said supplica- tione, declaring the sorrow and grieff he had conceivit, in that he had iyen so long under tlie fearfull sentence of excommunicatione, and, therefore, most humbly desyrit to be absolvit from the same, as he faithfully promised in face of the haill Assemblie to performe and fulfill the conditiones and heads under specifeit, viz. : First, The said noble Lord faithfully promised before God, his hand holden up, to professe and abydebe the trew religion presently profest within this realme, and allovvit be the lawes and acts of Parliament within the same. 2. He faitlifuUy promised to communicat at the first occasione he should be requyrit, and so to continovv, conforme to the order of the land. 3. He should cause his children, servants, and whole domesticks, be obedient to the Kirk and discipline thereof, and sould cause them haunt the kirk at ordinar tymes of preaching. 4-. He shall not receave Papists, Jesuites, Seminarie Priests, in his house, nor nane of his lands, but put them out of his botmds with all diligence. 3. He allows the Confessione of the Faith presently sett downe be the said Assemblie ; and in token of his constant confessione thereof, he hes subscrivit the samen in face of the Assembly. Qwhilks haill premisses above specifeit the said noble Lord protests and de- clares that he hes made and subscrivit trucly and with ane honest heart, butt any equivocatione, mentall reservatione, or subterfuge qwhatsoever, devysit be the Romish Kirk and their supposts. Attour, the said noble Lord faithfully pro- mised to plant his whole kirks qwhereof his Lordship hes the teinds in tack posi- tiones or utherwayes, at the sicht and conclusione of my Lord Archbischop of St Androis, the Bischop of Murray, and the Laird of Corse, unto qwhois modifica- tione the said noble Lord submitts himself; be the tennor of tbir presents, givand 2 R 598 RESCINDED ACTS [1616. them power to moJifie compleit steipends to the saids kirks, and as they shall be modified be them he oblisses him to make payment of the same to the ministers provydit or to be provydit to the saids kirks. And in respect of the premisses, the Assemblie ordaynit the said noble Lord to be absolvit from the sentence of excommunicatione led and deducit against him before conformyng hereto, the Right Reverend Father, John Archbischope of St Androis, moderator, in face of the Assemblie, absolves the said George Marques of Hantlie fiom the said sentence, led and deducit against him, and receavit him againe into the bosome of the Church. The quhilk day, the Generall Assemblie of the Kirke of Scotland presently convenit, having interest in consideratione of the cause of the dtfection and falling away of many from the trew religione, and having found the laike of tlie com- petent maintainance to ministers not to be the leist cause of the evills quhilks Jyes upon the Kirke presently, the ground and fundament quhairof for the maist pairt hes proceedit from the dilapidatione of benefices, with the quhilk, if some solide order be not taken in tyme, the same is apparent to bring furth greater evill and desolatione in this Kirke : And seeing the King's Majestie hes re- quyrit that order may be taken with the saids dilapidationes, Therefore, in respect the same cannot suddenly be done, but will requyre ane lang tyme and mature delibcratione, the Assemblie hes given, granted, and committed, lykeas they, be the fennor heirof, gives, grants, and committs their full power and commission to the brethren underwritten ; they are to say, the Reverend Father in God, John Arch Bischop of St Androis, James Arch Bischop of Glasgow, Alexr. Bischop of Dunkeld, Alexander Bischop of Murray, Patricke Bischop of Ross, Win. Bischop of Galloway, Andrew Bischop of Brechine, Andrew Bischop of Dumblaine, Andrew Bischop of Argyle, Andrew Bischop of the Isles, Patricke Forbes of Corse, Mr George Douglass, minister at Cullen, John Reid, minister at Logybuchan, George Hay, minister at Turreffe, Doctor Henry Philipe, minister of Arbroath, David Lindsay, minister at Dundee, William Scott, minister of Coupar, Doctor Robert Harvie, Rector of St Androis, John Mitcliellsone, minister at Bruntisland, Patrick Galloway, John Hall, Wm. Struthers, ministers at Edinburgh, Robert Scot, minister at Glasgow, Edward Hepburne, minister at Ha^^ick, Doctor John Abernethie, minister at Jedburgh, William Birnie, minister at Air, William Erskine, minister at ; Givand, grantand, and commiltand to them, or the most part of them, their full power and commission to conveen at Edinburgh the first day of December nixt to come, in this instant year of God 1G16, and there to take order with the dila- pidatione of benefices, and to sett downe solide grounds how the progresse of that mischief might be stayed, and to advyse upon somemeanesto recover and restore the estate of these benefices qwhilks be iniquitie of tyme hes been lossit ; and if need beis to call and persew before them qwho hes made the saids dilapidationes, and punische them therefore ; and as they shall conclude, the same to be inactit, and have the force of this present Assemblie ; with power lykewayes to the saids commissioners, or maist part of them, as said is, to take order anent the planting of sufficient and qualified pastors in burrowtownes presently vaickand, and are not plantit at this present Assemblie; with power also to receave from the Richt 1616.] OF ASSEMBLY. 599 Reverend Father, James Archbishop of Glasgow, and Mr William Struthers, minister at Edinburgh, the cannons of church discipline committit to their charge, to revise the same, allow and disallow thereof, and to direct ane supplicatione to his Majestie desyring that it wald please his Heines to ratifie and approve the saraen, and to warrant the printing thereof be his authoritie royall. We have now accomplished the main part of the task in which for some months past we have been engaged, namely, to print for the first time, in a complete and connected state, all that now remains of the earliest record of the Reformed Church of Scotland. That record extends from 1360 to 1616 inclusive. And as stated in previous notes, the proceedings in the Assemblies, during the period now referred to, constitute what has been long denominated " The Booke of the Universall Kirk of Scotland." The concluding part of our undertaking still remains to be performed in such illustrative notes and documents as are requisite for giving coherence and full effect to these important fragments of our ecclesiastical records j and this portion of our labours shall hereafter be pro- secuted as speedily and comprehensively as the nature of the case admits of, with a due regard to fidelity in its accomplishment. In the meanwhile, " The Booke," forming of itself a volume of sufficient size, it is now given in that shape to the public. The reader of the preceding pages is already aware, that all the proceedings of the Episcopal Assemblies (subsequentiy to that of 1602) were rescinded by the Presbyterian Conventions which took place during the reign of Charles I. in 1638 and 1639. Even in the proceedings of the Assemblies soon after 1592, when Presbyterianism was established, there are various indications of the intentions of King James VI. to insinuate Episcopacy into the constitution of the Church ; and after his accession to the throne of England, in March 1603, his policy in this respect became more manifest. Indeed, by an act of Parliament in 1597, (19th December,) the insidious propositions which had been made in the Assemblies, for the introduction of clergymen into Parliament, were given effect to, and form- ed the first step in the series of encroachments on the Presbyterian polity. With- out at present going minutely into the detail of events which followed, it may be noticed, with reference to the rescinded acts of Assembly, that even before the Assembly of 1602, Prelacy was virtually introduced into the Church, and after that date it was openly established by a series of acts of Parliament. The As- semblies of 1606, 1608, 1610, and 1616, were all Episcopalian, as is evinced by the whole course of procedure in those Conventions, whicli were one and all con- voked and packed by the King, and were held merely for the purpose of regis- tering his edicts, and giving a colourable aspect to these as clothed with ecclesi- astical sanction. There were two other Assemblies of like character held in the years 1617 and 1618— in the latter of which the celebrated Articles of Perth 600 RESCINDED ACTS OF ASSEMBLY. [1616. were adopted by the Bishops and subservient Clergy ; but of the proceedings in these two Assemblies, there is no fragment in the MS. copies of " The Booke" to whicli we have had access ; nor, although the nature of these proceedings is described by Calderwood and other historians, have we been able to discover any detailed record similar to that which has been preserved of the preceding Assem- blies of the Church. After 1618, General Assemblies were entirely discontinued for the space of twenty years, until, in 1638, in consequence of the great revul- sion which then took place in Scotland under the guidance of the Covenanters, another General Assembly was convoked by authority of King Charles the First. In conformity with the course which we have already adopted with reference to particular epochs of our Church history, and in order to illustrate the relation which subsisted betwixt the Church and the State, we shall now, at tlie close of " The Booke," subjoin in an Appendix the principal Acts of Parliament which were passed in regard to the Church, betwixt 1592 and 1638, when Presbyterianism was re-established — thus presenting, in connexion with the Acts of the Church, all the leading statutory enactments of the State by which the Church polity was established, modified, and subverted, during a period of seventy-eight years. And with these few explanatory remarks, we commit " The Booke of the Kirk" into the hands of our countrymen, being well assured that its pages contain much important matter, which merits careful examination and study at the pre- sent day. July 1839. And now the most grateful part of our task (for the present) only remains — to record our thanks for the friendly assistance we have received while engaged in the present undertaking. We owe our acknowledgments especially to Tho- mas Tliomson, Esq. Deputy Clerk- Register ; to tlie Rev. Dr Lee ; and to Messrs A. M'Donald of the Register House, D. Laing and Ferguson, Librarians for the Writers to the Signet ; Mr Haig of the Advocates' Library ; Mr Rowan of the Theological Library in the University of Edinburgh ; to the Rev, W. B. Smith, Chaplain of Edinburgh Castle; and to the Rev. Thomas M'Crie, for many facilities and much useful information, without which the present publica- tion would have been altogether impracticable at present. It was our purpose to have included in the present Volume, a Copious Index and Glossary of obsolete words, and also to give a list of errata which we have discovered, arising unavoidably from the frequent obscurity of the MSS. and discrepancies in orthography, besides slips of the pen and the press ; but on fur- ther reflexion, it appears expedient to combine these useful addenda with the Notes, which will be found the more satisfactory corrective of any imperfections in the text of the Booke itself. APPENDIX III. ACTS OF PARLIAMENT relative to the Constitution of the Church of Scotland, betwixt 1592 and 1638. I. All Ministers provided to Prelacies suld have vote in Parliament. 19th December 1597. Our Soveraine Lord, and his Hieness Estates in Parliament, havand special consideration and regarde of the great priviledges and immunities granted be his Hieness predecessours, of maist worthy memory, to the halie Kirk within this realme ; and to the special persones exercing the offices, titles, and dignities of prelacies within the samin ; quhilks personnes hes ever represented ane of the Estatis of this realme in all Conventions of the saids Estates; and that the saids priviledges and freedomes hes beene from time to time renewed and conserved in the same integrity and condition, quhairin they were at ony time of before; swa that his Majesty acknowledging the samine now to be fallen and becummin un- der his Majesties maist favourable protection ; therefore his Majesty, of his greate zeale and singular affection, quhilk he alwayes hes to the advancement of the trew religion presently professed within this realme, with advise and consent of his Hieness Estates, statutes, decernes, and declares that the Kirk within this realme, quhairin the samin religion is professed, is the trew and halie Kirk : And that sik pastoures and ministers within the samin, as at ony time his Majesty sail please to provide to the office, place, title, and dignity of ane bishop, abbot, or uther prelate, sail at all time hereafter have vote in Parliament, siklike and als freely, as ony uther ecclesiastical prelate had at ony time bygane ; and als de- claris, that all and quhatsumever bishopricks presently vaikand in his Hieness hands, quhilks as zit are undisponed to ony person, or quhilks sail happen at ony time hereafter to vaik, sail be only disponed be his Majesty to actual preachers and ministers in the Kirk ; or to sik uthers personnes as sail be foundin apt and qualified to use and exercise the office and function of ane minister and preacher ; and quha in their provisions to the said bishopprickes sail accept in and upon them to be actual pastoures and ministers, and according thereto sail practize and exerce the samine thereafter. Ilem, As concerning the office of the saids personnes to be provided to the saids bishopprickes, in their spirituall policie and governement in the Kirk : The 602 ACTS OF PARLIAMENT. [1606. Estates of Parliament hes remitted and remitts the samine to the Kingis Majesty, to be advised, consulted, and agreed upon be his Hienesse, with the General As- sembly of the ministers, at sik times as his Majesty sail think expedient to treat with them thereupon ; but prejudice alwayes in the meantime of the jurisdiction and discipline of the Kirk, established be Acts of Parliament, maide in ony time preceeding, and permitted be the saids Acts, to all Generall and Provinciall As- semblies, and uthers quhatsumever Presbyteries and Sessions of the Kirk. II. Act anent the King's Majestie's Royall Prerogatire. 9th July 1606. Forsameikle as the Estates and haill body of this present Parliament, consider- ing that with the lawful descent in the person of our most gracious Soveraigne, of the righteous inheritance of the famous and renouned kingdoms of England, France, and Ireland, whilk very far surpasses the wealthe, power, and force of the dominions of any of his progenitours, kings of Scotland, God hath also joyned an wonderful incresse of care and burding. For discharge whereof, he hath endued his Majesty with sa many extraordinar graces, and maist rare and excellent vertues, as he is not only known by daily and manifest experiences, in matters of greatest difficulty and consequence, to the unspeakable comfort of all his faithful! subjects, to be capable of the happy government of his saids king- domes. But by his most singular judgement, foresight, and princely wisdome, ~ worthy to possesse, and habile to govern far greater dominions and numbers of people. And in respect thereof, the saids Estates plainly perceiving that by this his Majesties exaltation, not only in pre-eminence and power, but also in all royal qualities requisit for the happy discharge thereof, God hes manifestly expressed his heavenly will to be, that his Majesties imperial power, whilk God hes sa gra- ciously enlarged, shall not by them in any sort be impared, prejudged, or dimi- nished ; but rather reverenced and augmented sa farre as possiblie they can. Therefore the saids Estaites, and haill body of this present Parliament, all in ane voluntar, humble, faithful!, and united heart, minde and consent, truely acknaw- ledges his Majesties soveraigne authority, princely power, royall prerogative, and priviledge of his crown over all estaites, persons, and causes whatsomever witliin his said kingdome. And his Majesty, with expresse advyce, consent, and assent of the saids haill Estaites, ratifies, approves, and perpetually confirmes the samin ; als absolutly, amply and freely in all respects and considerations, as ever his Ma- jesty, or any of his royall progenitours, kings of Scotland, in any tyme bygane possessed, used and exercised the samine. And lykewyse, with consent foresaid, casses, annuls, abrogats, retreats, and rescinds all and whatsomever things at- tempted, enacted, done, or hereafter to be done, or intended to the violation, hurt, derogation, impairing, or prejudice of his Heighnes soveraigne authority, royall prerogative, and priviledge of his crown, or any point or part thereof, in 1606.] APPENDIX III. 603 any tyme bygane or to come. And the saids haill Estaites, for them and their successours, faithfully promits, perpetually to acknawledge, obey, maintein, defend, and advance the lyfe, honour, safety, dignity, soveraigne authority, and preroga- tive royall, of his sacred Majesty, his heires and successours, and priviledge of his Heighnes crown, with their lyves, lands, and goods, to the utermost of their power, constantly and faithfully to withstand all and whatsomever persons, powers, or estaites, wha shall presume, prease, or intend any wise to impugne, prejudge, hurt, or impaire the samine ; and never to come in the contrare there- of, directly or indirectly, in any tyme comming. III. Act anent the Restitution of the Estate of Bishops. 9th July 1606. Our Soveraigne Lord, now in his absence forth of his kingdome of Scotland, earnestly desiring sa to provyde for the just and politique government of that es- tate, as his faithfull subjects thereof may perfitely knaw, that absence breeds not iti his royall mynde oblivion of their good, but that he is daylie mair and mair cairfull of sik things as may tend maist to the honour, profile, and perpetuatl sta- bility and queytnes of the said kingdome; wherein understanding religion and justice to be sa necessar foundaments and pillers, as by them tlie authority of the princes and queytnesse of tlie people in all tymes by-past hes cheifly bene esta- blished and mainteined, whill of late in his Majesties young yeares, and unsetled estaite, the auncient and foundamentall policy, consisting in the maintenance of the three Estaites of Parliament, lies bene greatly impaired, and almost subverted, specially by the indirect abolishing of tlie estaite of bishops, by the act of annexa- tion of the temporalitie of benefices to the crown, made in his Heighnes Parliament, halden at Edinburgh in the moneth of July, the year of God 1587. Whereby, albeit it was never meaned by his Majesty, nor by his Estaites, that the said estaite of bishops consisting of benefices of cure, and being ane necessare estaite of the Parliament, should on any wyse be suppressed, yet his Majesty, by experience of the subsequent tyme, hath clearly scene that the dismembering and abstracting from them of their livings, hes broght them in sik contempt and poverty, that they are not habile to furnish necessares to their privat families, meikle lesse to beare the charges of their wonted rank in Parliament and generall counsails, and nfter the example of their predecessours, to assist and supply their prince with their counsell and goods, in tyme of peace and warre. The remeid whereof pro- perly perteins to his Majesty, whom the haill estaites of their bounden duety, with maist heartlie and faithfull affection humbly and truely aknawledges to be soveraigne monarch, absolute prince, judge and governour over all persons, es- taites, and causes, baith spirituall and temporal!, within his said realme. Therefore, his Majesty, with expresse advyse and consent of the saids haill Estaites of Parliament, being cairful to repone, restore, and re-integrat the said 604 ACTS OF PARLIAMENT. [1C03. estaite of bishops, to their auncient and accustomed honour, dignities, preroga- tives, priviledges, livings, lands, teynds, rents, thriddes, and estaite, as the samine was in the Reformed Kirk, maist ample and free at any tyme before the act of annexation foresaid. By the tenour hereof, retreats, rescinds, reduces, casses, abrogats, and annulles the foresaid act of annexation of the temporality of bene- fices to the crown, made in the yeare of God 1387 years, as said is, in sa far as the samine may in any wyse comprehend or be extended to the authority, dig- nity, prerogative, priviledges, towres, castels, fortalices, lands, kirks, teynds, thriddes, or rents of the saids bishopriks, or any part thereof, with all other acts of Parliament, made in prejudice of the saids bishops, in the premisses or any of them, with all that hes followed or may follow thereupon, and all act of dismem- bering of particular kirks, orcommoun kirks of the said bishopricks, from the sa- mine, or for separating the thriddes of the saids bishopricks from the bodie, tytle and twa-part of the samine. To the effect, the persons presentlie provyded to the bishopricks of Scotland, or any of them, or that hereafter shall be provyded to the samine may freely, quyetlie, and peaceablie enjoy, bruike, and possesse the ho- nours, dignities, priviledges, and prerogatives, competent to them or their estaite since the reformation of religion : and all towres, fortalices, lands, kirks, teynds, rents, twa-part, thriddes, patronages, and rights whatsomever, belanging to the bishopricks, or any of them, to use and exercise the samine, and freelie dispone upon the haill twa-part and thrid, temporalitie and spiritualitie of their saids bishopricks, and all the premisses belanging to the saids bishopricks, as the saids acts of annexation and remanent acts, made in any wyse to their prejudice in the premisses, and everie ane of them, and all that followed thereupon, had never bene made nor done. They alwyse enterteining the ministers, serving at the cure of the kirks of their saids bishopricks, upon the readiest of their saids thriddes, according to their ordinar assignations made or reasoaabiie to be made thereanent. Attour, Because his Majesties intention is onely to restore the bishopricks whilks are benefices of cure, and nowyse to alter any thing done in other bene- fices, vvhilks are not of cure. And for the better satisfaction of his Majesties subjects and faithfull servants, whom his Majestic in his princelie liberalitie, for diverse good respects and causes mooving him, hath beneficed, rewarded, and ad- vanced with erections, fewes, patronages, teyndes, and others infeftments, con- firmations of lands, rents, teyndes, patronages, and others rights of abbacies, pryories, and others benefices, not being bishopricks. And to the effect they be not prejudged, nor put in mistrust by this act, of their saids securities in the premisses, his Heighnes, with the advyce of the haill Estaites of Parliament, ratifies and approves, and for him and his successours per- petuallie confirmes, the haill erections, infeftments, confirmations, patronau-cs, tacks, and others securities of lands, teyndes, patronages, rights, and rents wliat- somever, of the saids haill benefices foresaids, or any part thereof, (not bein^ bishopricks,) given, disponed, or confirmed by his Majestic, during the tyme of tlie said Parliament, halden in the monelh of Julie 15S7 years of before or sen- syne, made agreeable to the lawes and acts of the said Parliament 1587, and 160G.] APPENDIX iir. 605 others lawes and acts made sensyiie. And faithfullie promits, in verbo princlpis, never to quarrell nor impugne the samine, directlie nor indirectlie, in any tyme comming. As also for the well and securitie of the tenants of the lands and teynds of the saids bishopricks, wha, since the act of annexation, have debursed diverse summes of money to his Heighnes' thesaurer, for making and confirming to them of their infeftments, tacks, and securities of the saids lands, teyndes, and rents of the bishopricks possest by them. And to the effect the annulling of the said act of annexation, bereave them not altogether of the saids lands, teyndes, and rents of bishopricks, acquyred be them upon their large charges and expenses, according to the law then standing. And that upon the other part, the saids bishopricks be not altogether made unprofitable, by the unlawfull dilapidation of the rents thereof, and hurtfull conversion of the victuall, kaines, custumes, and other commodities of the samine, for unequal! and unworthy pryces. Therefore, his Majestic, with advyse of his Estaits foresaids, Ordeins the saids persons possessours of the lands or teyndes of bishopricks by virtue of infeftments, confirmations or tacks of the samine granted or sett since the said act of annex- ation, and conforme to the samine, and lavves of the realme, at the tyme of the making thereof, shall have the securities, confirmations, tacks and rights of the saids lands and teynds of the bishopricks foresaids, renewed and granted to tliem in sufficient, valeid, and perfite forme by tlie bishops, possessours of the saids benefices. The saids fewers, tacksmen and tenants, paying to the saids bishops, for gressum, entresse and composition, for renewing of their saids fewes of all lands, and others belanging to the saids bishopricks; and als ratification of their saids tacks of all teyndes perteining thereto ; Of the whilks at tiie day and date hereof, there are ten yeares crops of the samine to runne; The double of the yearlie silver duetie, conteined in their saids fewes and tacks ; and the single of the victual duetie, and of all others dueties expressed therein, and that by and attour the yearlie duetie expressed in their saids fewes and tacks: The whilks dueties, for gressum, entresse and composition, the haill Estaites of Parliament declares, shall be payed by the saids fewers, tacksmen and tenants, within yeare and day, after they be lawfullie cited to that effect, and for that samine cause, or after that intimation of the samine be made to them, by the bishops in their awne courts. And in case of not thankful payment, of the double of the said silver duetie, and of the single of the said victual, and others dueties to be payed within yeare and day, after the said citation and intimation, as said is ; The saids Estaites of Parliament findes and declares, that the saids fewers and tacksmen shall be as- tricted to pay alter the expyring of the said yeare and day, fhankfull payment not being made within that space of the foresaids gressumes, entresse and composition, extending to the quantitie above written ; the quadruple of the silver duetie, and the double of the said victual, and others dueties foresaids, to be payed to the saids bishops, by and attour the yearlie dueties conteined in the saids fewes and tacks, as is before said. And the saids Estaites ordeines and declares, that if there be not ten years compleit to runne of the saids tacks of teynds, perteinino- to the kirks of the saids bishopricks, after the day and date liercof ; in that case, 605 ACTS OF PARLIAMENT. [1606. the tacksmen on nawyse shall be astricted to pay any gressum, entresse or com- position for the samine, to the saids bishops, but they to be free thereof. Attour, the saids Estaites declares, that the said act and ordinance of Parlia- ment shall nowyse be extended, comprehend, nor prejudge any fewes of bishop- ricks, lawfullie sett and confirmed before the said act of annexation, vrbilk was in the said moneth of Julie, ane thousand, five hundreth, fourscore seven years. Excepting and reserving alwyse forth of this present act, all dispositions made of whatsomever patronages of kirks perteining to the saids bishopricks, disponed by lawful titulares, and the King's Majesty, and ratified in Parliament, in favours of whatsomever person or persons, and nane others. And findes and declares all dispositions whatsomever, made of the foresaids patronages of all kirks perteining to the bishopricks disponed by the lawful titulares, and his Majesty, and not con- firmed in Parliament, to be of nane avail, although the samine patronages be graunted and disponed by the King's Majesty and titulares thereof. And lykwyse, excepting and reserving all common kirks, perteining of auld to the saids bishopes, and their chapter in commounity, whilks are disponed by his Majesty, to what- somever person at any tyme preceeding this present act. And the saids Estaites declares, that if there be any common kirks, perteining to the saids bishopricks, and to their chapters of auld, that now perteins and falles to them be vertew of this present act, That thereby the ministers, wha are lawfully provided to the saids common kirks by presentation, collation, and admission, and serving thereat, shall nowyse be prejudged during their lyftymes ; but that the saids provisions shall be sufficient right and warrand to the saids ministers, to bruike, Joyce, and possesse their common kirks foresaids, according as they are provyded thereto, for all the dayes of their lyfetymes. Notwithstanding whatsomever clause con- teined in this present act, or any other act of Parliament, that might make any de- rogation to the saids provisions. Excepting alwyse, and reserving the Castell of Sainct-Androes, and castell yardes of the samine, disponed to George Earle of Dumbar, upon the resignation of George Arch-bishoppe of Sainct-Androes, dis- solved and dismembered from the said arclibishoprick, by Our said Soveraigne Lord and Estaites, with expresse consent and assent of the said Arch-bishoppe, personally compearand in Parliament. Whom to Our said Soveraigne Lord, in place and recompence of the said castell, hes given and disponed the provestry of Kirkhill, viccarge and arch-deinrie of Sainct-Androes, to remaine witli the said arch-bishop and his successours, by and attour ane yearly pension of three hundreth markes, given to the said arch-bishop, sa that the said castell and castell yardes shall nowyse be comprehended in this present act, nor yet shall be compted nor esteemed in any tyme hereafter, any part or portion of the patriinony of the said arch-bishoprick, but shall remaine with the said George Earl of Dumbar, his heires and successours, as their proper heritage lawfully disponed to them, and dissolved from tlie said arch-bishoprick. And in lyke maner, the saids Estaites declares that the foresaid act, graunted in favours of the saids bishops, shall not be extended, nor be prejudiciall to the infeftments, rights and tytles made to Sir Robert Mel veil of Murdocarnie, Knight, his heires and successours mentioned therein of the lands of Monymail and lAlhame, witl) the maner- 1609.] APPENDIX III. 607 place, yeardes, and bigging of Monymaill, and patronage of the Kirk of Mony- niaill perteining of auld to the Arch-bishop of Sanct-Androes. And declaris the samine infeftments to stand in the awne strength, notwithstanding this present act. Provyding alwyse, that the said Sir Robert Malvill and his heires sustaine and entertaine the ministers serving at the said kirk, upon the frutes of the samine kirk. And notwithstanding this present act and haill clauses therein conteined, Our said Soveraigne Lord, with advyse foresaid, having considered the fewers of the barony of Glasgow, to be many in number, and the poverty of the maist part of them to be sik as they are not habile to furnishe the ordinare charges for re- newing their infeftments, have dispensed, and by this present act dispenses anent the foresaid clause of renewing of fewes, with sa many of the saids fewers as have taken their fewes without diminution of the rentall, and conversion of victual, and other dewtios in silver. And wha shall obteine ane ratification from Johne now Arch-Bishope of Glasgow, of the saids fewes and rights, before the feast of Alhallowmes next to come. And declares the fewes lawfully set, as said is, to the saids persons, valide and effectual, their heirs, successours, and assignayes, alwyse entering by the said arch-bishope, as their immediat superiour; and by his successours to their saids lands, rowmes and possessions, by brieves raised out of the said arch-bishops chancellarie, precepts of dare constat, resignations and confirmations, as use is, and paying their few-mailies, fermes, moulters, kaines, and other dewties, to the said arch-bishop and his successours in all tyme here- after ; but prejudice to the letters of gift, and pension graunted to the Duke of Lennox, Sir George, Sir James, and Archibald Erskeins pensions, foith of the frutes of the said arch-bishoprick of Glasgow, to be bruiked by the said Lord Duke during his lyftyme allanerly. IV. Act of the Commissariats and Jurisdiction given to Archbishops and Bishops. 24th June 1609. Our Soveraigne Lord, understanding that in all well governed republicks, the jurisdiction civill and ecclesiastick are severall, distinct, and divers jurisdictions, whilk aught to be administrat by the persons to whom the same properly belangs ; and according to his Heighnes most loving and princely affection born alwise to the Christian reformed Kirk within this realme, being maist willing that the said Kirk should bruike and joyse their liberties, priviledges, freedom, and jurisdiction granted to them by his Majesty, (from whom only their temporall jurisdiction doth flow,) and in that regarde belanging to them as being ane of the estates of Parliament maist necessare to be mainteined for giving their advice, counsel!, and assistance in all his Wajestie's great and waighty affaires, hes with expresse ad- vice and consent of the Estates of Parliament, restored and redintegrate the Arch- bishops and Bishops of this realme to their former authority, dignity, prerogative, priviledges, and jurisdictions lawfully pertaining, and shall be knawne to pertain to them, (alwise flowing from his ii^ajesty, alswell as any other ordinar jurisdic- <508 ACTS OF PARLIAMENT. [1609. tion dotli,) and specially to the jurisdiction of Commissariates, and administra- tion of justice by their commissioners and deputies in all spirituall and ecclesias- ticall causes contraverted betwene any persons dwelling within the bounds and diocies of their prelacies and bishopricks ; with full power to the saids archbishops, bishops, and their successours in all tyme hereafter, to nominat and create suffi- cient wise, discreit, and learned men best acquainted with the law and practick of this realme, to serve and administrat justice in the saids places of judicatorie, to constitute clerks and all other under officers, sa oft as the same shall vaik by dimission, decease, deprivation, or otherwyse, and to provide others in their places, with as great freedom and liberty as any archbishops or bishops in this realme formerly hes done. Whilks commissares to be nominat and create by them, shall judge and decyde in all causes belanging to their judicatory. And wherein the commissares presently in office are in use to decyde, keeping the same style and forme whilk is presently observed, and that manner of proceeding whilk shall be prescryved and injoyned to them by speciall injunctions without any alteration of the present lawes, or introduction of new and uncouth practicks upon the subjects and leiges, and shall have power of confirmation of testaments every ane of them within their awin bounds. The quotes thereof to be payed to the archbishops, bishops, their chamberlanes, factors, and under-receavers ap- poynted by them. For the better effectuating whereof, his Majestie and Estates of Parliament ordeins letters of horning to be given and granted by the Lords of Session in that same very sort that the commissares present hes it, for execu- tion of all their sentences and decreits whilk shall happen to be pronounced by them, and compelling of persons to enter and confirme the testaments of their defuncts in the very same manner that formerly hes been done. And for main- teining all things in better order, and the restraining of unlawfull divorcements, over frequently practised within this realm, to the heigh dishonour of God and slander of the true religion, His Majesty, with advice and consent foresaids, hes statute and ordeined, that in the burgh of Edinburgh there shall be resident alwyse four commissares, twa to be nominate and appoynted by the Archbishop of Sanct-Androes, and twa by the Archbishop of Gksgow, wha shall have the only power to decide in all causes of divorcement. As likewise shall have power of reduction of all decreets pronounced by any other commissares, to the hurt and prejudice of any of the leiges; before whom it shall be only lawfuU to intend and persew reductions of inferiour commissares their sentences and decreets in prima instanlia. And in case the saids commissares to be appoynted by the Archbishops of Sanct-Androes and Glasgow, as said is, performe not their duety, the Lords of Session shall have power to try, cognosce, and determine in the same; and shall judge upon all decreets and sentences alledged to be wrangously pronounced by them. And that because they are his Majestie's great consistory, to whom his Heighnes, with advyce of the said Estates, gives and grants an heigh supreme commission for all sik causes, to judge and determine of them in sik causes. And declares that it shall be lawfull to the saids Lords of Councell and Session, to advocat causes to themselves from any of the commissares, upon just and lawfull complaints made to them by any of the subjects, and not otherwise. Provyding alwyse, that the said Session shall ever be ready to give an account to his Majesty, 1609.] APPENDIX III. 609 that their advocations have bene grounded upon probable and lawful! grounds for the well of the subjects. And that this foresaid Act may be put in present effect, his Majesty, with advyce foresaid, declares all former erections of commis- sariates to be suppressed and extinct from this forth and forever, all constitutions that have bene in former tyme of the same in whatsoever part of the realme the same hath bene erected, and by whatsoever manner the same hes proceeded. Act of Parliament, Secreet Councell, and others made thereanent. And in lyke manner, discharges and annulles all presentations, gifts, or dispositions made by his Heighnes to the commissarcs present, or to any other concerning the said commissariates, and all rights acquyred by them by decease, dimission, or how- soever the same hes vaicked, and all gifts and dispositions made in favours of their clerks and members of court, by whatsomever manner of order the same hes proceeded. With this provision alwyse, that the commissars presentlie in office, their clerks and others members of court, wha shall be authorized with testimo- niall from the Lords of Session of their sufficiencie and qualification to their severall places and offices, shall bruike and joyse the same, they alwyse receaving new presentation and gift of their offices from the archbishops and bishops of their diocies where they serve, betwene and the first day of December next to come. Otherwise, if in case the saids commissares and others members of court do not produce the foresaid testimoniall from the Lords of Session, as said is, it shall be lawfuU to the archbishops and bishops to provide other sufficient persons to the saids places. The restitution of the said jurisdiction alwyse to be with expresse reservation of his Heighnes and his successours their prerogatives and supremacie in all causes ecclesiasticall and civill within this realme. Provyding alwyse, that this present act shall na wyse be hurtfuU nor prejudiciall to the heritable right of the commissariate within the bounds of Argyle, perteining to Archibald now Earle of Argyle, but the same to stand in the same force, strength, and effect as it was before this present act, and notwithstanding thereof, or any clause therein conteined, prout de jure. Act, of the Apparel of Judges, Magistrates, and Kirkmen. — [Excerpt from.] 24th June 1609. Attour, his Majesty and Estaites foresaids, considering what slander and con- tempt hes arisen to the ecclesiasticall estate of this kingdom by the occasion of the light and undecent apparell used by some of that profession, and chiefly these having vote in Parliament : It is therefore statute that every preacher of God's word shall hereafter weare black, grave and comely apparell beseeming men of their estate and profession. As lykewise that all pryors, abbots, and prelates, having vote in Parliament, and specially bishops, shall weare grave and decent apparrell agreeable to their function, and as appertaines to men of their rank, 610 ACTS OF PARLIAMENT. [1612. dignity, and place. And because the haill Estates humbly and thankfully ac- knawledges that God of his great mercy hes made the people and subjects of this country sa happy as to have a King raigne over us, wha is maist godly, wyse, and religious ; hating all erronious and vaine superstition, just in government, and of lang experience therein, knawing better then any King living what apperteins and is convenient for every estate in their behaviour and duty. Tlierefore it is agreed and consented to by the Estates, that what order sa ever his Majesty in his great wisdome shall think meet to prescrive for the apparell of kirk-men agreable to their estate and moyen ; the same being sent in writ by his Majesty to his Clerk of Register, shall be a sufficient warrant to him for inserting thereof in tlie buikes of Parliament to have the strength and effect of an act thereof, with exe- cutorials of horning to be direct thereupon, against sic persons as within the space of fourty dayes after the publication or intimation to them of the said act or charges used against the;ii thereupon, shall not provyde themselves of the ap- parell to be appoynted by his Majesty for men of their vocation and estate, to be used and worne by them and their successours at the tymes, and in manner to be expressed in the said act to be made by his Heighnesse thereanent. VI. Ratification of Acts of General Assembly held at Glasgow in June 1610. 23d October 1612. Forsameikle as in the Parliament halden at Edinburgh, in the yeare of God 1597, the estates of this kingdom remitted to his Majesty to consult and agree with the Generall Assembly of the Kirk, upon the auctority and power whilk the archbishops and bishops should have in the policy and discipline of the Kirk : Whereanent after that his Majesty and his Commissioners had many tymes most seriously conferred and advysed with the ministry. At last conclusion was taken, in the Generall Assembly halden at Glasgow, in the moneth of June 1610 yeares, determining all the doubtfull and contraverted points concerning the jurisdiction, policy, and discipline foresaid, with full and uniforme consent of ane very frequent number of godly ministers, assisted by the counsell and concur- rence of ane great many of the best affected nobility, barons, and commissioners of burrowes of this kingdom, in maner, substance, and effect following: with the explanation made be the Estates of Parliament presently conveined, of some of these articles resolved upon in the foresaid Assembly of Glasgow. In the first the foresaid Assembly acknawledgeth the indiction of the General Assembly of tlie Kirk to appertein to his Majesty, by the prerogative of his Royal Crown. And forder Ordeineth that the bishops shall be moderators in every diocesiaa synode. And the synode shall hald twyse in the yeare of the kirks of every diocie, viz. in Aprile and October : And where the dioceses are large, that there be two or three synods in convenient places for ease of the ministry. And ia 1612.] APPENDIX III. 6 1 I case the bishop of the diocie be absent upon any necessar occasion, in that case his place shall be supplied be silc ane worthy minister (bearing charge within the bounds) as the arch-bishop or bishop shall appoint. That no sentence of excommunication or absolution thereof be pronounced against or in favours of any person, without tlie knawledge and approbation of the bishop of the diocie, who most be answerable to God and his Majesty for all formall and unpartiall proceeding therein : And the process beeing found formall, the sentence to be pronounced at the direction of the bishop, be the minister of the paroche where the offender dwelles, and the processe began. That all presentations to benefices bee directed hereafter to the arch-bishop or bishop of tlie diocie, within the which the benefice vacant be dimission, depriva- tion, decease, or utherwayes, lyeth. With power also to the arch-bishop or bishop to dispone and confer sik benefices as falles in his diocie, (jure devoluto.) Pro- vyding alwise, incase any archbishop or bishop should refuse to admit any quali- fied minister, (accepting the presentation granted to him, and who hath bene once received and admitted to the function of the ministry, being then still undepryved,) presented to them be the patron, In the case of any sik refuse, It shall be lawful! to the patron to reteine the whole fruicts of the said benefice in his awn hands. And ather hee or the paroche wanting a pastor, be reason of the not planting of the kirk, (in case the refusal thereof come be the bishop,) may complaine thereof to his arch- bishop, and if ather the arch-bishop be the refuser, or else doth not give due redresse being complained unto, In that case the Lords of his Rlajesties Privy Counsell upon the parties complaint of the refuse, and no sufficient reason being given for the same, sail direct letters of horning, charging the Ordinary to do his duty in the receiving and admitting of sik a person as the said patrone hes presented. It is alwise declared, that if any arch-bishop or bishop shall depre- hend any sik person as is presented to him to have come within compass of a simoniacal paction with his patrone, in so far as he hath ather alreddy hurt, or promised and bound liimself to prejudge and hurt the state of his benefice in not reserving a sufficient maintenance for him and his successors answerable to the estate of his benefice : And that the bishop or archbishop shall understand the same either by the parties oath, or uther clear proof and evidence. In that case, they may lawfully refuse any sik person presented unto them. But if the party who is presented hath reserved to himself and his successors a sufficient main- tenance, the setting of tacks or promise to do the same, or doing of any thing else to his patron, (being not prejudicial to that aforesaid maintenance,) shall no wise be ascryved to any simoniacall paction, nor shall not serve for any reason to the archbishop or bishop to refuse him. And in case any sik contraversy or question shall occur betwix the patron, the person presented and the arch-bishop or bishop, It is declared, that the Lords of Counsell and Session shall be Judges thereunto, to decyde upon the said simoniacal paction and quality of the same, if any sik thing shall be objected against the party presented. In deposition of the ministers, the bishop associating to himselfe the ministrie of these boundes where the delinquent served, he is there to take tryel] of the fact, and upon just cause found to depryve : And the lyke ordour to be observed iu suspension of ministers from the exercise of the function. G12 ACTS OF PARLIAMENT. [l6l2. That everie minister in his admission shall swear obedience to his Majestic, and to his ordinar, according to this forme following : I A. B. now nominat and admitted to the kirk of D. testifie and declare in my conscience, that the richt excellent, richt high, and mighty Prince, James the Sext, by the grace of God King of Scotland, England, France, and Ireland, Defender of the Faith, &c. is the only lawful supreme governour of this realme, alsweel in matters spirituall and ecclesiasticall as in things temporal; and that no foreine prince, state, nor potentat, hes or ought to have any jurisdiction, power, superiority, pre-eminence, or authority, ecclesiastical or spiritual, within this realme. And therefore I ut- terly renunce and forsake all foreine jurisdiction, power, superiority, and autho- rities ; and promess that from this furth I shall and will bear faith and true allcdgence to his Heighnes, his heirs and lawfull successours ; and to my power sail assist and defend all jurisdictions, priviledges, pre-eminences, and authorities granted and belonging to his Heighnes, his heires, and lawfull successours, or united and annexed to his Royall Crown. And forder, I acknawledge and con- fessp to have and to hold the said C. and possession of the same under God, of his Majesty, and his Crown Royall of this realme; and for the saids possessions I do homage presently to his Heighness in your presefice, and to his Majesty, his heires, and lawfull successours, shall be true. So help me God. And als that every minister in his admission shall sweare obedience to his ordinare, according to this forme following : I A. B. now admitted to the kirk of C. promess and sweares to E. F. Bishop of that diocie, obedience, and to his successours in all lawfull things. So help me God. And if the said benefice be at the presentation of ane laik patron, the person presented shall give his oath as followes : I G. H. now admitted to the foresaid benefice, testifie and declare in my conscience, that the right excellent, right high, and mighty Prince, James the Sext, be the grace of God King of Scotland, England, France, and Ireland, Defender of the Faith, &c. is the only lawfull supreme governour of this realme, alswell in matters spirituall and ecclesiastick as in things temporall ; and that na foreine prince, state, nor potentate, hes or oucht to have any jurisdiction, power, superiority, pre-eminency, or authority ec- clesiasticall or spirituall, within this realme. And, therefore, I utterly renounce and forsake all foreine jurisdiction, power, superiorities, and authorities ; and pro- mess that from this furth I shall and will bear faith and true allegeance to his Heighness, his heires and lawfull successors ; and to my power shall assist and defend all jurisdictions, priviledges, pre-eminences, and authorities granted and belonging to his Heighnes, his heires, or lawfull successors, or united and an- nexed to his Royal Crown. And I do acknowledge and confesse to have and hauld the said benefice and possessions of the same, under God be his Majestic, of E. F. lawfull patron of the same. That the visitation of ilk diocie be doone be the bishop himself, and if the bounds be greater than be can overtake, that then bee make speciall clioise of some worthy man of the ministrie within the Diocie, to visit in his place. And what ever minister, without just cause or lawful excuse made, sail absent himself from the visitation or the diocesian assembly, he shall be suspended from his office and benefice; and if he amend not, he shall be depryved. 1617.] APPENDIX III. 613 That the Conventions of Ministers for exercise shall be moderated by the bishop being present, and in his absence, by any uther minister whom he shall appoynt at the Synode. Whilks acts, ordinances, declarations, and determinations above written, his Majesty finding to be very agreable to the true religion professed within this kingdom, and to the godly and decent government of the Kirk, ministry, and whole members thereof. Therefore his Heighnes, with advice and consent of the Estaites of Parliament, ratifies, approves, and confirms all and sundry the pre- misses ; and ordeins them and every ane of them to be obeyed and observed, be all his Heighness subjects, as inviolable lawes in all tyme comming. Annulling and rescinding the 116 act of his Majesties Parliament, halden in anno 1592, and all and whatsomever uthers acts of Parliament, laws, ordinances, constitutions, sen- tences, and customes, in so farre as they or any of them, or any part of the same, are contrare or derogatory to any of the articles above written, als essentially and effectually in all respects as if the saids acts and consuetudes hereby abrogate were at length herein exprest. VII. Act anent the Election of Archbishops and Bishops. 28th June 1617. Our Soveraigne Lord, with advise and consent of the Estates of this present Parliament, for gude and solide ordour to be keiped in all time to come, for election of Archbishops and Bishops, statuts and ordains, that all who shall be hereafter promoved to any Archbishoprik or Bishoprik within this realme shall be elected and admitted according to the forme and maner under mentioned and no utherwise ; That is to say, when it shall fall any of the Seas to be made void, his Majesties pleasure is to grant licence to the Deaneand Chapter of the Cathedral Kirk of the Sea, to convene themselfes for electing of ane uther Archbishop or Bishop in place of the former incumbent. And the said licence being exped, ane edict shall be affixed upon the most patent dure of the Cathedral Kirk, requiring and charging the Deane and Chapter of the said Kirk, to conveine themselfes for chusing of ane Bishop to the same, who shall be devote to God, and to his Highnes and realme profitable and faithful. Who being conveined, the Deane of the said Chapter, with so many of them as shall happen to bee assembled, shall proceed and chuse the person whom his Majesty pleased to norainat and recomend to their election, hee alwayes being ane actual minister of the Kirk, and shall elect none uther then ane actual minister, to be so nominat and recomendit be his Majestic as said is. After the which election testified under their seals and subscriptions, his Majesties pleasure is to give his Royall assent thereto : And the same assent being granted under his Majesties great seal, shall be to the person elected an sufficient right for injoying the spirituality of the benefice whereunto he is elected during his lyfetime. Upon the which assent, and his Heighness mandat to be directed to an competent number of Bishops within the province where the bene- 2 s 614 ACTS OF PARLIAMENT. [1617. fice lyes, the person elected shall be consecrat and received in liis function bee the rites and ordour accustumed. And the said consecration being made, his Ma- jesties pleasure is to dispone to the person elected the temporality of the said be- nefice, with all priviledges, honours, and dignities belonging thereto. And the same grant being past under his Majesties great seal, then shall the person ad- mitted doe homage and swear obedience to our Soveraigne Lord, according to the forme prescribit. Neither shall it be lawfull to the person admitted to in- tromet with any of the fruites and rentes of the said benefice untill behave per- formed the said homage, and given the oath of allegeance and fidelity to his Ma- jesty, or his Ueighness Commissioners to be appoynted for that effect. And for the better observing of the said ordor in all tyme hereafter, our Soveraigne Lord and three Estates inhibits and discharges the Lords of Counsell and Session to authorize be tlieir decreet and sentence the provision of any Bishop to be admitted hereafter, except that it be testified that he is received and entered according to the said order in all points. VIII. Act Anent the Restitution of Chapters. 28th June 1617. Our Soveraigne Lord, with advise and consent of the Estates of this present Parliament : Considering how necessar it is that the deane, and members of Chapter of every Cathedral Kirk, be at all occasions ready to conveene them- selves for the election of arch-bishops and bishops, to their several 1 seas, and for cxpeding of particular rights made to the lieges, whereunto their consent by the lawes of the realme is required, and that for supporting of the charges of their service, and inabling them the better to attend at sick occasions. It is most needfull they be restored to their manses, gleibs, rents, and livings belonging unto them of aiild, Have statute and ordained, that all the deanes and uthers members of the Chapters of the Cathedral Kirks within this kingdom, shall be restored to their manses, gleibes, rents, and uther patrimony belonging to them. And to that effect, his Majesty, with advise of the said Estates, dissolves fra the Crowne and patrimony thereof, the foresaids manses, gleibes, rentes, and dueties formerly annexed : to the effect the same may hereafter be injoyed and peaceably possessed be the ministers that are, and hereafter shall be provyded thereto. Without prejudice alwayes of the fews, tacks, pensions, and uther rights lawfully made of whatsumever manses, gleibs, lands, and teynds of any part of the saids Chapter Kirks to the parties having right to the same. And siklyke but prejudice to laick patrons of their patronages granted to them be the King's Majesty, with consent of the titulars for the tyme, albeit the same be not rati- fied in Parliament, which shall na wayes be prejudged be this present act. And with exprcsse reservation of the rights of the priorie of Sanct-Androes, now S617.] APPENDIX HI. 615 erected in a temporall lordship in favours of Ludovick Duke of Lennox, and bis heirs, which shall remaine in the awne strength and integrity, notwithstand- ing of the act of restitution above-written, and any thing therein comprehended. 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 Ma- jesty 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 Hei'i-hnes successours, as their immediat supetiours 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, coUedge, and minis- trie. And siklike but prejudice of whatsomever teynds, few-mails, or annual- rents which perteined of auld to the saids chapters in common, or to any Pre- bendar in particular, disponed by his Majesty to any colledge within the Uni- versity 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 fa- vours 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 Soveralgne 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 tlieir duety to their superiors as apperteins.) In the which case. Our Soveraigne Lord and Estates declares the consent of tlie 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 tiiat 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 Chaptet ; the arch-dean of S. An- drewes ; the Vicar of S. Andrewes ; the Vicar of Leuchers ; the Vicar of Cowper ; the Provest of Kirkhill ; the Farnon cf Dysert ; the Vicar of For- 616 ACTS OF PARLIAMENT. [1617. gond ; 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 Kenno- way ; the Vicar of Merkinch ; the Vicar of Falkland ; and the Vicar of Aber- crombie ; being all twenty foure persons. Which persons shall have the ad- ministration, doing and performing of the affairs belonging to the said bishop- rick, 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 Arch- bishop 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 ap- pointed 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 ad- vise of his Estates, declares, statutes, and ordeins, that the Archbishop of Glas- gow, 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 lies, 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, ap- pointed for the see of Sanct-Andrewes, as said is, shall have the only adminis- tration of these things, concerning the affairs tending to the weal of their Ca- thedral 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 chap- ters established for the handling of the affairs of their seas in manner above- written. 1621.] APPENDIX III. 617 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 Parlia- ment presently conveened, ratifies and approves the acts of the General Assem- bly 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 Iiimselfe, that when we come to worship him, we fall down and kneele before the Lord our Maker, and considering with all, that tliere 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 me- ditation and lifting up of our hearts, best becometh so divine and sacred an ac- tion. 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 re- ceiving 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 de- sire 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 im- pediments, 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 re- verend 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 oreat need khall 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 administrcd after the same forme 35 it sliuuld have been in the congregation. And the minister shall the next 618 ACTS OF PARLIAMENT. [1621. 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 in- crease 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 at- tended, 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 ne- cessary 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 pre- sented before them, and blesse them with prayer for the increase of their know- ledge, 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 send- ing down of the Holy Ghost, was conimendably and godly remembered, at cer- tain 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 pto- fanation 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 Ma- jesties subjects as lawes in time comming ; Annulling and rescinding whatsom- ever other acts of Parliament, constitutions and customes, in so farre as they are derogative to any of the articles above-written. 1621.] APPENDIX III. 619 X. Ratification and addition to the Act of Parliament, made anent Restitution of Chaptours. 4-th August 1621. Our Soveraign Lord, and Estates of this present Parliament, ratifies and ap- proves the act of Parliament made in the moneth of Junii, in the year of God one thousand, six hundred, seventecne 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, par- sonage, 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 bis 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 imi/ diately necessary for illustrating the revolution which took place in the CK A\ during the period with which we are at present concerned, it is not neq/ .ry here to include them. F.r.INniTRClI PRINTING COMPANy. i i i I li!!|i