Part 46
The brethren appoynted to try the proceedings of the Commissioners 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 Lawthiane, 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 concluded 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. 11 Martii.
The brethren, after revyseing of the haill proceedings of the Commissioners 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 executione of their proceedings, the Generall Assemblie ordaynes Mr Robert Rollock, David Lyndsay, Robert Pont, Patrick Galloway, John Duncansone, 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 Edinburgh 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 Edinburgh; and in the meintyme, qwhile the said Commissioners convene for performing of the premisses, the brethren ordayns the ministers 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 Majestie’s minde be his awne mouth, towards certaine of the ministrie, in speciall towards the ministrie of Edinburgh, anent qwhatsoever accidents that hes 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 ministrie of Edinburgh, and that his Hienes did bear no grudge nor evill will to any of them for any accidents qwhilk hes 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, {blank space}: to the qwhilk the ministers of Edinburgh willingly consentit, sould never call any of these accidents 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 necessitie of Commissioners, to be appoyntit be the Generall Assemblie, to awayte and concurr with his Majestie for bringing to ane finall end, the langsome warke of the constant platt for planting of ministers at the burghes within this realme, in caice any of their places shall happen to vaick 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; desyring, therefore, that the brethren wald consider the necessitie forsaid, and according to their discretione, qwhither if it were expedient that ane Commission sould be grantit to certaine of the maist wyse and discreit of the brethren for the causes forsaids: the qwhilk his Majestie’s advice the Assemblie thinks very necessar and expedient, and therefore hes given and grantit, lykeas, by the tenor heirof, gives and grants, their full power and commission to Messrs Peter Blackburne, James Nicolsone, Andrew Milne, Alex. Douglass, John Ramsay, Thomas Buchanane, David Fargusone, William Cranstoune, George Gladstones, Alex^r. Lyndsay, Harie Livingstone, Robert Pont, David Lyndsay, Robert Rollock, 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 Majestie, at such tyme and place as shall be found expedient; with power to them, or any nyne of them, to concurr with his Majestie, anent the setting downe and concluding of the solid grounds and fundaments of the constant platt, and qwhat securitie 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 themselves, 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 Parliament 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 the nixt Assemblie, and give in the grieves of the samyn, desyrand them to be redrest, and to give their advyce to his Majestie for avoyding or eschewing any danger or inconvenient qwhilk may be lyklie to fall out in prejudice of the Kirke; and lykewise, in caice his Majestie find him grievit, or crave redresse of any enormitie 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 cryme or fact qwhilk 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 expedient to the glory of God, and the peace and quyetness of his Kirke within this realme: 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 Assemblie 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 Assemblie, that albeit the haill power of cognoscing upon such matters 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 matters, 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 offenders be them.
Sess. 11. 13 Martii.
Forsuameikle as the Commissioners of the Generall Assemblie, at the Parliament halden in December last bypast, upon ane earnest zeall quhilk they did alwayes bear to the will of the Kirk, had given in certaine article to the Lords of Parliament, concernying the liberty of the Kirk, and in speciall had cravit that the ministrie, as representing the trew Kirk of God within this realme, and so being the third estate of the realme, might have vote in Parliament according to the loveable acts and constitutions of before made in Parliament, 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 Assemblie, desyring the brethren to allow or disallow the same, as they should think most expedient, for the glory of God and establisching of the trew religione within this realme: Qwherupon the brethren being ryply advysit, allowit the honest and godly intentione of the Commissioners in craving vote in Parliament 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 Majestie is willing to utter his good intention that he hes alwayes 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 Assemblie 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, granted be the Lords of Parliament, yet the acceptatione therof, the forme and haill circumstances of the persones were reservit to this Generall Assemblie, to be acceptit or refuisit as the Kirk should think expedient: And seeing his Majestie had anticipat the appoynted tyme of the Assemblie, and desyrit the brethren to conveine at this present tyme, especially for the causes forsaid; therefore his Majestie desyrit that the brether wold enter in a particular consideratione of the haill poynts 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 representing undoubtedly the Kirk within this realme, should have vote in Parliament or not?
The said question being at lenth reasoned and debaitit _in utramque partem_, in presence of the haill brethrene, and therafter votit, The Generall Assemblie votes, finds, and concludes, that it is necessar 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 Parliament.
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 Parliament as was wont of old, in the tyme of the Papisticall 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 election of such of the ministrie as should have vote in Parliament aucht to be of ane mixt qualitie, and appertayne pairtly to his Majestie, 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 pœnam_ 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, qwhilk 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 Majestie, 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 Majestie 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 agreement 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 conclusione thereof to the nixt Generall Assemblie.
For better observing of the Presbytries, It is statute and ordaynit, 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 conventione of the Presbytrie: That every member of the Presbytrie study the text qwherupon the exercise is to be made: That ane common head of religion be intreatit every moneth in ilk Presbytrie, 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.
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 himself and in name of certaine uther brethren as he alleadgit, protesting that this Assemblie was not ane frie Assemblie, qwhilk his protestatione he desyrit to be insert in the Books of the Assemblie:
It being inquyrit if any man wald adhere to the said protestatione, there was nane found that wald adhere to the samen, 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 Assemblie.
Because the questione anent summar excommunicatione, for lake of tyme, cannot be commodiously intreatit at this present, therefore the brethren continows the same to nixt Assemblie: in the meintyme suspends all summar executione.
Because there hes no order [been] sett downe 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 every 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 except Edinburgh, qwhilk shall have power to direct two Commissioners to the Generall Assemblie.
Anent the supplicatione given in be the Towne of Dundie, craving ane uther minister to be appoyntit unto them in place of William Chrystisone, who through age is not able to discharge his calling: 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.
Because it was reportit that the ministrey of Orknay had dilapidat 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 ministrie 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 coming, under the paine of deprivatione.
Because it was reportit be certaine of the brethrene that notwithstanding 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 traffiquers to be put in farther executione in all poynts, butt any respect of persons.
The Assemblie hes ordained the Presbytries of Dundee and Arbroth 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--Alexander 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 18th of March 1600, where the King’s Majestie being personally present, were conveint the Commissioners of Schyres.
Sessio 1^{ma}. 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_.
Sessio 2^a. March 18, post merid.
The Commissioners appoyntit in the last Generall Assemblie for visitatione of the kirks within every presbytrie, as are particularly divided in the said commission, being requyrit what diligence they had done in discharge of the said Commission; It was answerit for the maist pairt of them, that they were not able to discharge any pairt of the said Commission, in respect they wantit moyen for to make their expences dureing the tyme of the visitatione, and therefore the Assembly thocht good that it should be meint to his Majestie 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 executione, in all poynts, throughout all presbytries within this realme; and whosoever contemns and violats the same, after twyse admonition, that he shall be suspendit from his ministrie--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^a. Martii 19.
Anent the supplicatione given in be the Synodall of Galloway, making mention that qwher they had ane act for erecting and bigging of ane kirk at the burgh of Stranrawer, within the Presbytrie of Wigtoune, and annexatione thereto of the 20 pound land of the 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, the five mark land of Auchteraire, and five merk land of Stranrawer, as being most commodious for the inhabitants of the saids lands to resorte to the said kirk for hearing of the word; unto the qwhilk erection and annexation foresaids, the heretors and kyndlie tennents of the foresaids lands hes 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 Assemblie 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 Assemblie, qwhere congregationes are so spacious, that a great pairt thereof may not commodiously resort to their awne paroche kirk, be reasone of the great distance of habitation therefrae,--If it be lawfull to ane number of the said congregatione to big ane new kirk, and intertaine ane pastor at the same tyme upon their awn expenses? The Generall Assemblie, after long reasonyng, thinks it both lawfull and expedient, and declares they will assist the same as ane godly work, and will crave the samen to be ratified in Parliament, how so oft it shall occurre.
Because it was reportit that a great number of gentlemen and wthers 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 remeid 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 within their parochine, qwho hes not communicat ilk year ance at the leist, and thereafter summond them to compeir before the presbytrie, to hear and sie themselves decernit to communicat within three moneths next after the charge; certifying them and they failzie, the act of convention made against non-communicants shall be put to executione against them; qwhilk being done, and the saids persones, non-communicants, remaining obstinat, and the saids three moneths 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 executione against them; and in the parochines qwhere there is no minister, that this order be supplied be the presbytry within the qwhilk the said paroche lyes.
Forsuameikle as it was lamentit in the King’s Majestie’s presence, that qwhereas syndrie of the ministry were occupied in their laudable calling in pursuing of malefactors, such as adulterers, murtherers, 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 sclanderous persons, qwherby not only were they distractit from their lawfull functiones, but also the discipline of the Kirk and punischment of the vyce, greatly neglectit and continuit; therefore the brethren of the Assemblie requests his Majestie 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 qwhilk 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 qwhatsoever thing he or they shall doe, in the executione of his or their offices, before the persone requyrer of the saids letters produce ane testimoniall under the forme of instrument _de denegata justitia_ of the minister or presbytrie judge ordinar.
Sessio 4^a. 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 Conventione 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: