Part 37

Our Souerane Lord Considering the greit abuses quhilkis ar laitlie croppen in the Kirk, throw the misbehaviour of sik personis as ar providit to ecclesiasticall functionis: sic as personages and vicarages within any parrochin, and thairefter neglecting thair charge, ather levis thair cure, or ellis committis sik crymes, faultis, or enormities that they are fund worthie of the sentence of deprivatioun, 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 thinke they may bruike lawfully the profites and rentes of their saids benefices, enduring their lyfetymes, Notwithstanding 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 Presbyterie, Synodall or General Assemblie, agains ony persone or vicare 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 _Sanct 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, within the space of sex monethis thairefter: And gif he failzie 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 collatioun thereof, to sik ane qualifiit persone as they sall think expedient. Providing allwayes, in caise the Presbytery refuises to admit ane qualifiit minister, presentit to thame be the Patroun: It sall 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, sall nawayes hurte or be prejudiciall to ony tackes, lawchfullie set be that persone deprivit, befoir his deprivatioun, to quhatsumevir personis.

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 regard 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 meritorious 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 correspondence on the subject with the late and the present Bishop of London, continued at frequent intervals, and I took repeated journies to London for the purpose of carrying the point. Messrs Spottiswood and Robertson were very active in the matter. I had many interviews with several members of the Government and Legislature, and, in particular, I was greatly indebted to the Earl of Haddington, Sir William Rae, and Mr Home Drummond. The Dean of Faculty (then Solicitor-General) took a great interest in the matter, 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 Mackintosh and many other Members. The effect of these movements, 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 these 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 Committee, when they ordered the Books before them, resolved to retain 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 keeping, 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.”

[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 Lyndsay, 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 Abbotshall, 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 punisched according to the lawes of God and this realme.

_Item_, That the act of Parliament, _ipso facto_, may strick upon all manner of men, landit and unlandit, constitute in office or utherwayes, of what sort soever they be, alseweill as the samen is provydit 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.

_Item_, That all such persones as the Kirk shall finde and declare publickly to be Papists, although they be not excommunicat, be debarrit from brooking any office within the realme, as also from accesse to his Majestie’s companie, and from enjoying any benefite of the lawes; as also that the paine of horning, and other civill paynes, may follow upon the said declarator, such lyke as presently followes upon the sentence of excommunicatione, and that ane act of Councill presently be made and published thereupon, qwhill the nixt Parliament, qwhere the samen may be establisched in ane law.

_Item_, That his Majestie will consider the great prejudice done to the haill Kirk by erecting of the teynds of diverse prelacies in temporalitie, as of the Abbay of Paslay and sundry others, be the qwhilks the planting of Kirks is greatly prejudged; and that, therefore, 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 follows, viz.

Ane Presbytrie in Zetland, 1, callit Tingwald: In Orknay, Kirkwall: In Kaithness, Thurso: In Sutherland, Dornoch: In Rosse, Taine and the Chanonrie: In Murray, 4; Innerness, Fortress, Elgine, and Ruthwen: In Aberdeene, 5; Bawmff, Deer, Innerowrie, Aberdeen, and Kincardine: In Mearns, 1, Cowy: In Angus, 4; Brechine, Arbrothe, Meagle, Dundee: In Dunkeld, 1, Dunkeld: In Perth, St Johnstoune, Dumblaine: In Fyfe, 4; St Androiss, Couper, Drumfermling, and Kyrkaldie: In Striviling, ane; Lynlithgow: In Lowthiane, 4; Edinburgh, Dalkeith, Haddingtowne, and Dumbarr: In Tweidisdaill, Peeblis: In the Merss, 2; Chirnsyde and Dunce: In Teviotdale, Jedburgh and Melross: In Nythsdale, ane; Drumfreis: In Galloway, 2; Kirkcudbright and Wigtoune: In the Shreffdome of Aire, 2; Aire and Irwing: In Ranfrow, 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 Assemblies commissione hes been given to that effect; notthelesse ane necessitie yet remaining qwhilk craveing the continowing of the said commissione, The Kirk, therefore, and the Commissioners present, hes given commissione to certaine brethren to visite and try the doctrine, lyfe, and conversation, diligence and fidelitie, of the pastores within the saids Presbytries, and sicklyke to try if there be any of the beneficed number within the samen, not making residence, having 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 teache and edifie; and with advyce of the Presbytrie within the qwhilk the saids persones are, to proceed against them according to the qualitie of the offence, or depositiones 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, Qwherein they may understand and note the abuse qwhilk wald be correctit; commanding also the Presbytries within the qwhilks the saids Commissioners remaynes to provyde for the saids Commissioners’ flockes in their absence in the said visitatione.

Sessio 5^a. 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 Presbytries agries upon, nearest the mids of the paroche, betwixt and Lambas come ane year, according 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, Logie, Lundie, Strukinniture, Inneraritie, Beadoquhy, Ruthven, Glenila, Glames, Essie, Clodag, Kyntrahane, Achie, Methri, Tannadaice, Aldbar, Inch-Braikie, Newdiske.

Kirks within the Synodall of Glasgow unprovydit:

Kilmarnock, Paislay, Kyllarnie, Balfrone, Strablade, Cardrosse, Inchealzell, Baldernock.

The Kirks provydit with men, but wanting stipends be vertue of the erectione of the teynds of the Abbacie of Paislay in temporalities:

Hammiltone, Glasford, Admoiss, Blantyre, Schotts, Dalserff, Lanrick, Dolphingtoune, Carringtowne.

The names of the Kirks unplantit within the bounds of Merss:

Lammertoune, Fischerwicke, Swintowne, Howden, Fogo, Grundlay, Stitchill, Nenthorne, Hoome, Bassanden, Ednem, Cranschaws, Ellen.

Kirks vaikand within the Presbytries of Dumblaine:

Aberfoill, Kilmahugo, Callendar, Leny, Port, Kilbryde, Balqwhidder, Carnbie, Tullieschidlie, Sowane, Moniwaird, Strageithie, Kynkell, Aberwheem.

Kirks unplantit within the Presbytrie of Dunkeld:

Strathphiline, Killine, Andrum, Inchadden, Weymes, Pitcharren alias Graintully, Kirkbreinmure, Kylconquhade, Muckiggan, Cannoch, Strowan, Blair in Athole, Ludeskill, Manenach, Muling, Finlargie, Munnach, Dowallie.--In the laich land:--Ladybryde, Ochtergovine, Kynlewine, Capechie, Lachundie, Blair in Gowrie, Glenshie.

Kirks vaikand in Kathness, Thurso:

Within Orknay, the South Hamptoune Kirk; North Rannaldsay: 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 Majestie to compeir in his Heines’ name as Commissioner, and presentit his Majestie’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 appointit 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 Melvill, the Laird of Cambo, Commissioners of Edinburgh: Qwho returning, read the Articles and their Answers, qwhilks the Kirk approvit; Ordayning the saids Articles, Answers thereunto, and act of Parliament, to be insert in the Register of the Kirk, qwherof the tenor followis:--

The Articles proponit in his Majestie’s name to the Generall Assemble, 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 Counsellors’ proceedings in pulpit, not only in respect of his Majestie’s knawne good intention, for the furthsetting of pietie and justice, but lykewayes because his Majestie at all tymes giues 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 twa 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 Majestie desyres, that through all the Presbytries 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 Bothwell, 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 gine ever such faithfull intelligence of the saids practises as they can learne from tyme to tyme.

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 tryall according to his Majestie’s law made thereanent, of all those qwho shall hereafter come in, or pass furth of this countrey qwharfra they came, and qwharto they are bound; qwhat is their traffique or intention to doe: 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 acquaint therwithall; to the effect his Majestie may the more easilie discover qwuhatsumever forraigne or civill practises, is or shall be in heid 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 persone 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 maintainance of the religion presently professit in 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 concernyng the conveining of the said Generall 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 unreverent speeches againes his Majestie or Councill, or their proceedings; but that all their public admonitiones proceed upon just and necessar causes and sufficient warrant, in all fear, love and reverence, 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 Majestie may make choyse: and the brethren to be lykit of his Majestie, to be placit and admittit be the Presbytrie where his Grace shall be resident for the tyme.

As concernyng the 4th and 5th Articles, the samen are condescendit to and order taken, as his Majestie shall be particularly informit be the said Commissioners.

Follows the tenor of the act of Parliament.

[The Act 5th June 1592, 12 James VI. is referred to--_Vide_ Appendix II. p. 373.]

Ordaynes supplicatione to be made in Parliament, that in all kirks, alsweill Abbay and Cathedrall Kirks, or uthers qwhatsumever, 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 extendit to all the forsaids kirks, and that 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^a. 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 Assemblie, under the paine of depositione of the persones doeing in the contrare.

Anent the residence of ministers, for furderance of the residence of such persones as partaike of manses are non-resident: It is resolvit 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 needfull for the repairing and bigging thereof, Qwhilk if they faillie and refuse to doe, being dewly requyrit, they shall not only, so many as refuis, be halden be the Kirk, the haill cause of their pastor’s not residence, but also it shall be lawfull to the aires, executors, 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 the refusall of the parochiners, ay and qwhill the nixt intrant minister or reider refund to him, 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 refound; and that the presbytrie at the intrant’s admissione take order for performance heirof: provyding that the expences 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 allowance tharupon, to be registrate in their books; And this act alsweell to extend to them that is alyve and hes alreadie bigged, as to them that are to bigg or repaire hereafter. And lykewise the second and third minister or reader, and consequently the successors 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 thereafter 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[42]] shall meet to consult, treat, resolve, and conclude 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; qwhilks breither shall haue the power of the said Generall Assembly, and proceed as the samen might doe if the haill number were present.

The qwhilk day, after the reasons were heard and discussit, contenit in the appellatione presentit to the Generall Assemblie be Mr Andrew Young, minister of Dumblane, the Generall Assembly ordaynes the Presbytrie of Dumblane to be transportit to Auchterardour, 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 Synodall 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 Synodall Assemblies shall be direct be the Synodalls, to be sichtit and considerit in the Generall Assembly, for understanding the better of their proceedings, under the panes of the censure of the Kirk.