Part 39

_Thirdlie_, Qwhereas the Kirk, on all occasions, hes insistit to declair to his Majestie, Counsell and Estates, the dangers evident for the tyme, and to craue convenient remedies thereunto, yet in effect nothing hes been obteinit, notwithstanding whatsumever promises, acts, proclamations, reads, &c. Qwhairthrow they have bein alwayes put in great securitie, and taks libertie and boldness of farther practises and attempts.

_Fourthlie_, 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.

_Fifthlie_, The erection of the idolatrie of the Masse in diverse quarters of the land, as, namely, in Mr Walter Lyndsay’s house of Balgay, in Angus--in the young Laird of Bonnytonne’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 Arroll’s houses of Logyamont and Slaines,--proves clearly that either they finde themselves sufficiently assurit of such favour and assistance within the countrey, as may 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 disclose 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 they wald never have refused so great ane benefite, except they had thought themselves fullie assured of ane better, either be favour of Court and assistance 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 that they esteem their courses now to be so substantiallie led, that they regard not qwhat may be done for resisting of the same.

_Tenthlie_, The diligence of the saids excommunicats in prepareing and putting of their haill forces in the north in armes and readiness upon advertisement, schawes that they have some present enterpryze, and attends only upon concurrance qwhilk appearandly they are very meikle animat to look for since the arryvall of the said bark.

_Eleventhlie_, Qwhereas his Majestie and Estates, at the first discovery of their conspiracies, apprehendit ane very great danger to trew religione, the King’s Estate and Crowne and libertie of the countrie; and notwithstanding that the samen cause of danger as yet remaines haill unremovit, there is no apprehension of any danger, 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, qwherthrow they will not sie, or else the Lord in judgement 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 certaine 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 apprehendit.

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 affectione, to proceed against the foirenamit excommunicat Papists, Traitors, as follows:--

1. That the saids excommunicats be forfaultit without favour; and, to that effect, that the Parliament appoyntit to be the 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 probatione provydit.

2. That nane suspect of Religione be chosen upon the Articles.

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 with his Majestie and successors for ever, and no pairt thereof disponit to any in favoures of the persones forfaultit.

4. That in the meantyme his Majestie his guard be imployit for apprehending Mr Walter Lyndsay, the Abbot of New Abbay, Bonnytoune, younger, Mr George Kerr, Mr Alexander Leslie, Thomas Tyrie, with all uthers traffiquers with Jesuites and Seminarie Priests, not conteint in the summonds of forfatrie.

5. That the rebells’ houses be taken, chargit and mannit, and their livings intromittit with and uptaken to his Majestie’s use without favour, and no pairt thereof disponit to their friends, or any uther persone for their commoditie.

6. That all persones be inhibite, 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 excommunicats, under qwhatsomever 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 persew and defend, as they shall be certified be his Majestie or uthers finding the occasion urgent.

8. That the bark arryvit at Montrose be apprehended, and the persones that were within her, together with such others as hes had a dealing with them, according as they shall be given up in ticket, be callit and diligently examinat for discoverie of the practises and purposes qwhilk they have presently in hand.

9. Forsuameikle 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 satisfying 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 subscriptione, he hes given just cause of suspition to the Kirk and all good men, that in his heart he is not yet trewlie sanctified and convertit to the trew Religione: Therefore, that his Majestie wald take earnest tryall of the premisses, and thereof judge if there appear in him such ane sinceritie 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; qwhilk 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 complaynts given against them to the Assemblie.

Att Edr. the 10 of May 1594.

The Assembly gives commission to Mrs Patrick Galloway, Robert Rollock, Patrick Simpsone, James Melvill, James Nicolsone, to propone the dangers and remedies above written to his Majestie, to rehearse his Majestie’s answers thereanent.--_Sic subscribitur_,

Mr ANDROW MELVILL, Moderator.

[The King’s Answers written on the margin of the Remedies.]

(1.) To proceed against the excommunicats.

(2.) There shall be nothing of the turn undone in my p^t, 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 practising 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 proceeding.

(7.) To be ready at my 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 concordabis 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 the 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, ordayning all persones, possessors of the saids lands, to cause labour the samen betwix and ane certaine day appoyntit theirto; wtherwayes, in caice of disobedience, the saids lands to fall in the King’s hands, to be disponit to such persones as pleases his Majestie, who will labour the same.

Sessio 12. 14 May.

Anent the supplication of the minister and parochiners of Bruntisland, desyrand the Assembly to allow the act of the Synodall Assembly of Fyfe concerning their new kirk, in allowing thereof to be the paroche kirk: The haill Kirk present being advysit with the said ordinance, understanding that the new kirk buildit be them is most commodious for the parochine, both in respect of the greatness of the congregatione, and ewistness of the place, and alwayes mair convenient nor the ald 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 tyme coming.

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 Synodall 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 act. As also being accusit that he deteaned the stipends of sundrie of the ministrie, 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 presbytrie 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 appoint him; and as to Thomas Tyrie, grants he was in his service sen his subscryving, but understood not that he was obliged to remove him qwhill the Kirk had proceeded to excommunicatione againes him, qwhilk he believes they granted it: alwayes fra the said Thomas was excommunicat, he removed him out of his companie; 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‘Qwhirrie was in his house shortly? Grants that, within these few dayes he was in his house, and came by his witting, having neither letter 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 dead, that he profest from his heart the trew religion presently professt be this Kirk here present, whereof he hes already subscrivit the articles before the presbytrie of Edinburgh, and with his solemn oath confessit before them, and now confesses before the Assemblie, to be the only trew and infallible religion qwhilk leads to salvatione, qwherein he mynds to liue and die, and shall to the uttermost defend againes all the enemies thereof; and denyes, as he shall answer to the dreadfull God, the Romane Catholick religione, all the Antichristian religion directlie opponit to the truth of God and his trew service, qwhilk he testifies to the haill Assembly be upholding of his hand, and with solemne witnessing of God, that he hes no dispensation nor indulgence to subscryve or swear to the said articles. For farther satisfaction of the brethren, the Kirk ordaynes my Lord Provest of Edinburgh, Alexander Hoome, the Laird of Aytoune, Mrs John Davidsone, David Black, David Lyndsay, to deale further with my Lord afternoone, to try of his full resolution.

Sessio 13^a. 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 discreetest of the Assemblie, should be chosen out, before qwhom that matter sould be first broken up and preceisly handlit, and thereafter brought in publick 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 Balcanquall, Alexander Forbes, James Robertsone, David Fargysone: Qwhilk number are ordaynit to conveine 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 14^a. 15 of May.

The qwhilk day compeirit Alexander Lord Home in Assembly, and with all humilitie cravit that he might be absoluit from the sentence of excommunicatione led against him, protesting before God he wald in tyme comeing giue proof of obedience and service to God, and maintain the truth of his religione presently profest be the Kirk here present to his lyfe’s end; and although he was sometyme in ane different religione from them, now avowes, he being better instructed in the heid qwherin he sometymes differed from them, the present Confession of Fayth and religion professit presently be the Assembly; and if he shall hereafter declyne therefrae, submitts him in that case to the Assemblie of the Kirk, hopeing be God’s grace, never to make defectione therefrae.

The Assemblie, in respect this matter hes been past be word, hes thought meet that certaine conditions shall be sett downe in write, to be subscrivit be his Lordship; thereafter his sute of absolutione to be considerit.

Sessio 15^a. Eodem die.

The Assembly ordaynes ane fast to be keepit within the Presbytrie 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 Majestie to be remembrit that an exhortatione may be had according to the custome qwhilk was keepit of before, the first day of the Parliament, and ane thanksgiving at the conclusion thereof be ane of the ministrie; and alse that his Majestie be put in minde of the said fast appoyntit the forsaid day, to the effect his Majestie 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 agreit to the same articles, and every ane of them, in token of acceptatione thereof, protesting he does the same sincerely, subscrivit the same with his hand, humbly requyring, in respect of his obedience and repentance, that the Kirk wald relax him from the sentence of excommunicatione pronuncit against him.

The Assemblie, in respect of his repentance schawne, his aith and declaration giuen yesterday, and obedience in subscryving the saids conditions, being satisfied therewith, and hopeing that he shall fully keep promise in tyme coming, Ordaynes him to be absolvit from the said excommunication, and the sentence of absolution to be pronuncit be the Moderator the 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 qwhatsoever persones shall be delaitit to his Lordship to be suspect and corrupt in Religione; That he receave and intertaine in his house Mr Archibald 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 discipline.

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 communicat.

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 thankfull payment to the ministers of Chirnside, 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 with the excommunicat Papists, Lords, Jesuites, 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 Religione, or any poynt thereof, in places where he may stop the samen.

10. That he imploy himself cairfullie to apprehend and present to justice, Mr Alexander M‘Qwhirrie, and all and qwhatsumever Jesuites, Seminarie Priests, and trafficking Papists, that shall resorte 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 Gerall 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 conditiones, that he subscryve thir presents with his hand. _Sic subscribitur._

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 summarly excommunicat upon the notorietie of the fact: The Generall Assemblie giues libertie to qwhatsumever Presbytrie that shall understand 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, the actione of absolutione of Alexander Lord Hoome being committit 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 the said sentence, and fand ane earnest dolor in his heart for that he was separat from the Kirk here present so long, thristing maist earnestlie to be joynit thereto as ane member of Christ’s bodie, and promising, as he shall answer to God, in tyme cuming to continow ane constant professor in the trouth of his religione, presentlie allowit be the Kirk of Scotland here conveint, to his lyve’s end, and to schaw 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 breither, and imbraced 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 lawes, being bruitit and suspectit to haue joynit himself with the King’s rebells: The Assemblie present deposes him from the functione of the ministrie, ay and whill he haue satisfyit for his offence, his Majestie 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 haill Assemblie, 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 expedient _pro re nata_ 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 Commissioners, according to the act of Parliament.

As to the second, the act made at Dundie, _de 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 intimat the sentence of absolutione pronuncit in favours of my Lord Hoome, from the proces of excommunicatione led against him.

Sessio 18^a. Eodem die.