Part 42

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 visitatione of their kirks try the ministers’ families in thir poyntes forsaids; and such as are negligent in the poyntes, after dew admonitione, shall be judgeit unmeit to governe the house of God.

That ministers in all companies stryve to be spirituall and profitable, and to talk of things concernying to godliness, as, namely, to sic as may strenthen them in Christ Jesus, instruct us in our calling, 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 offence, 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 reverence.

Sessio 10^a. May [March] 29.

Instructions to Mrs John Prestowne, and Edward Bruce, Commendator of Kynloss, his Majestie’s Commissioners to the Generall Assemblie.

_Imprimis_: Ye shall schaw to the said Assemblie our good will to have all the kirks of Scotland planted with ministers, and sufficient 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 livings to sick in ane wther, very far distant from their cure, Therefore, 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 1592, grantand commission to certaine Noblemen, Counsellors, Officers, and Ministers, and the wther parts, to intreate 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 perfectione, 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 livings, 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, Officers, to conveen presently, before the expiring of this Assemblie, with the said Commissioners for the Kirk, to begin this good purpose, 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.

_Item_, Ye shall schaw to them that is ane stay to this good worke, that be some of their preachings they wald make the people to understand that we and our Counsell wald stay the planting 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 obtainit, 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 referrit 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^a. Penultimo Maii [Martii.]

Forsuameikle as the brethren of the ministrie conveint in the Generall 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 observit 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 Platt to be advysit and passit in Acts be the Generall Assembly.

_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 their bounds, that hes not presented qualifiet persones within sax monethes after the decease of the last possessor thereof; and sicklyke, the benefices qwhilks shall vaike hereafter in caice the saids patrones neglect to present within sax moneths, to ministers serving, or that shall serve the cure of the saids kirks, under the paine of deprivatione; and that the saids ministers accept their presentationes, and persew them: And in caice there be not actuall ministers presently at the saids kirks, in that caice, that the saids Moderators deall effectuallie with wthers qualified persones, to accept the saids presentatations, and to prosecute the samen be law.

That all beneficit persones that are here present in this Assemblie 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 Assemblie 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 leisum to the said bursar to imploy his travells in any wther place, except be the consent 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 planting 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 care and burden of the common cause be laid upon some brethrene 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 themselves 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^a.

Anent the articles concerning his Majestie’s house and persone, the Assemblie hes nominat Mrs Patrick Galloway, James Nicholsone, and James Melvill, to conferre with his Majestie thereanent.

Offences in his Majestie’s House.

As strangers and wthers good subjects repairing to the court hes been comfortit to sie Christiane 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 omittit.

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 heiring of speeches in tyme of sermone, of them that desyre to commune 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 {blank space} 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 company, her not repareing to the word and sacraments--nicht walking--balling, &c., and suchlyke concerning her gentlewomen.

In respect of the Report of the brethren of the north, that gentlemen and burgesses are lyke to leave their houses for fear of the enemies, seeing their great insolence unrepressed at hame, returning of their wyves to the countrie againe, and their provisions in their houses and castles for their hame-coming, qwhilk is murmurit against in all the countrie:

For remedie, it is cravit that the Ladies of Huntlie and Arroll 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, the Provest of Aberdeen, with 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 sacraments; 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, wanton, 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 harvest, 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 reverence of inferiours to their superiours; as suchlyke of superiours 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 wawchting, 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 continuallie mair and mair, to the utter undoeing of the Kirk and staying 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 halding out of their cornes by untymous teinding and extream thraldome in services.

Oppression under pretext of law, be usurie and be contracts against law--forstalling of mercats--ane regrateing be gentlemen burgesses and commons, qwhairby the pryces of victuall is marvelouslie 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 knawledge 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 enemies, and the enemies themselves, nor imploying of their livings to the use of the resisting of the enemies, qwhairby the enemies are rather beneficit nor hatit.

The 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 conquests.

Grieves to be humbly meanit to his Majestie, 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 Majestie, 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 with 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 dewtifull 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 disquieting of the estate thereof, as if they had immunitie and exemptiones 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 countrey, deteining such as they have pervertit in their errors, and induceing 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 Gordone of Newtoune, the young Laird of Bonytoune, Mr Alexander Leslie of Peill, Patrick Carr, Alexander Ramsay, and divers uthers.

That in many pairts of the countrie, for lake of provisione of sufficient stipends for provisione of pastors, the people lyes altogether 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 pareche kirks destitute of the ministrie of the word, 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, murthers, oppressions, incests, adulteries, and all kynde of haynous crymes aboundes.

It is to be heauilie meinit, that the brether of the ministrie that hes gotten ane meine provisione or help be the assignation made anno 1595, are delayit and frustrat of justice, by the Lords of Session 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 affectione 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 Arroll 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 subtill forme of practice, qwhilk they 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, Alexander Hay of Auchmathie, Buckie, James Knowes, Towie Barclay, Patricksone, and the rest of their principall friends and confederats that hes kythit with them in actione in their treasonable interpryses 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 intelligence, 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 servants and wthers, knawne to be of good abilitie and affectione, to search, seik, apprehend, and present before his Majestie, Mr Robert 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 excommunicat Papists, as their names shall be given in a roll.

That his Majestie would prosecute his good purpose and intentione declareit before the Assemblie, anent the planting of the haill kirks within the countrie, with qualified pastores and sufficient provision 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 possessors 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 be purgeit of unqualified and corrupt persones, and filled with wthers meit to discharge that calling faithfullie, for the comfort of his Majestie’s peaceable and well-disposed subjects.

That his Majestie wold command the Lords of Session to minister 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 extraordinary dearth wrges them with so great necessitie, that unless his Majestie have a consideratione of their estate, they and their families will be driven to extreame povertie and want.

[SIXTY-FIRST GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk of Scotland, halden at Perth, the first of March 1597, where there conveint the Commissioners from all Presbytries, according to his Majestie’s missive.

Sessio 1^a.

Exhortatione there was nane.

Anent the supplicatione given in be Mr Thomas Nicolsone, advocat, bearing that in respect he was admittit clark to the Generall Assemblie, in place of Mr James Richie, last clark thereof, be seven of the Commissioners deput be the last Generall Assemblie, to intraite and conclude upon the affaires of the Kirk, qwhilk sould fall out and interveine before the next Generall Assemblie, that, therefore, the Assemblie now conveint wald admitt the said Mr Thomas to the said office, and corroborat his admissione with their authoritie: 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; with power to him to use and exerce the samen, and all priviledge belonging thereto, also frielie as any clark might have done at any tyme bygane.

Sess. 2^a. Martii 2^o.