Part 50
The qwhilk day the brethren conveint, having ryplie weyit how necessar it is that ane generall visitatione be for inquyrand in the life, doctrine, and conversatione of every ane of the ministry in particular, the qwhilk, albeit it was committit to the charge of visitors appoyntit to the last Assemblie, nevertheless they, at the leist the maist of them, hes done small or no diligence in the executione of that profitable wark committit to their charge, excusit partly be infirmitie and sickness, and partly be wther necessar effaires qwherein they were imployit as they alleadgit: Therefore the Assemblie, not willing that such a necessar and profitable wark sould want their awne good execution, hes nominate, and be thir presents nominats the brethren following their very lawfull Commissioners, for visitatione of the bounds underwritten, every ane of them for their awne parts as they are particularly designit, viz., for Orkney, Mr Robert Pont; for Caithnes and Sutherland, Mr George Gladstones, Mr Alex^r. Rawsone; for Ross, Mr David Lyndsay; for Morray, Mr Peter Blackburne, Abraham Sybbald; for Aberdeen, Mrs W^m. Scott, Alex^r. Lyndsay; for Angus and Marnes, Mrs Robert Wilkie, James Melvill; for Perth and Striviling, Mrs James Martine, James Dalgleisch; for Fyfe, Mrs James Nicolsone and Robert Howie; for Lothiane, Mrs Patrick Scharp, John Cowper; for Merss and Teviotdale, Mrs John Carmichaell and James Law; for Clydsdaill, Mrs John Spottiswood, William Arthure; for Aire and Irving, Mrs Andrew Boyd, John Hay; for Nithsdale and Annandale, Mrs John Knox, Patrick Schaw, John Smith; for Galloway, Mrs John Welsche, Hew Fullertone; for Argyle, Mrs Andrew Knox, Andrew Lambe: Givand, grantand, and committand unto them conjunctlie, and in caice of sickness of any ane of them, with power to the wther, &c., to try the brethren of the ministry within the bounds particularlie committit to every ane of their charges respective, in their lyfe, doctrine, qualificatione, and conversatione, and how they behave themselves touching the rents of their benefices, qwhether they haue sett tacks of the samen, but consent of the Generall Assemblie or not, and so incurrit the sentence of dilapidatione; with power, also, to try the Presbytries within their visitationes, if they have keepit their ordinarie conventiones and particular visitationes of their awne kirks, and wsit and exercisit all things as pertaines to the Presbytrie; with power, also, to them to try every particular congregatione within the bounds committed to their visitatione, and generally, to try every ane of the ministers, presbytry, and congregatione, conforme to the particular order of visitatione sett down in this Assemblie; and in caice any fault or enormity be found be them in any of the saids visitationes committit to them, with power to censure the same according to the act of the Generall Assemblie; and as they proceed in their said visitatione, that they report their haill proces and diligence to the next General Assemblie, _promitten de rato_.
Sess. 4^a.
The said day it being considerit be the Assemblie, that for inlaike of ane constant and uniforme order of visitatione of synods, presbytries, and particular kirks, the labours and travells taken hitherto hes been almost unprofitable, Therefore, that ane solide order may be generallie observit in visitationes in all tyme coming throughout the haill kirks within this realme, the Assemblie ordaynes the brethren following, viz., Mrs Robert Pont, Patrick Galloway, James Carmichael, William Scott, and Alex^r. Lyndsay, to advyse anent the subject of visitationes, and they forme ane order of proces that shall be wsit in the same in all tyme coming, and to produce the same in wreit to the Assemblie the morne.
The qwhilk day the brethren having considerit the great travells and paines taken in [be] their brother, Mr John Howisone, in answering to Bellarmine in three sundrie volumes, and how profitable the same will be to the kirk of God, qwhilk he presentit to the Assemblie, desyring the same to be revysit be them, to the effect, if they be found worthy, they may be put forth in print, they appoyntit the said wark to be revisit by Mr Robert Howie, James Nicolsone, and James Robertsone; thereafter be Mr Andrew Melvill; and last, be Mrs Robert Pont and John Hall, and to report to the next Assemblie; qwhilks books are presently delyverit to Mr Robert Howie.
Anent the constant platt, the brether appoyntit to sitt thereupon with his Majestie’s Commissioners being demandit, qwhat effect their travells had taken in the same? they producit the conclusione of the commissioners of the said platt, resolving in three heads, out of the qwhilk ane should be chosen, as the most ready way for effectuating the said wark, qwhereof the tenor follows:
Overtures of the Commissioners of the Plat to be devysit with his Majestie.
If every minister’s stipends being assigned out of the fruits of the kirk qwhere he serves be the benevolence of the tacksmen, that they shall grant to the augmentation of the said stipend? If there shall be ane perpetuall securitie made be the saids tacksmen of their teinds upone ane speciall grissome, to be condescendit upon for ilk chalder, for the space of nynteine yeares, to be renewit yearly thereafter for the said space for the lyke grissome, upon this conditione, that the said principall tacksmen shall grant and renew the lyke securitie to their sub-tacksmen, for payment of their part of the said grissume _pro rata_, qwhere any sub-tacks are? Or if the great benefices shall be provydit to ministers upon this conditione, that all the kirks of the prelacies be plantit with sufficient ministers, and be provydit with competent livings, as the modifiers of the constant platt shall think expedient, and he to pay to the King’s Majestie yearly the tent-part of the fruits of the said benefice qwhilk shall rest, by and attour the sustentatione of the ministry, and that all the inferior benefices shall be provydit to ministers serving the cure of the saids kirks, alse well parsonages as vicarages? Or if all the great benefices shall be dissolvit, and the prelate to have the principall kirk of the prelacie, with the temporall lands thereof, and the rest of the kirks to be provydit with qualified ministers, and the said prelat and titulars of the saids kirks to pay ane yearly dewtie to his Majestie, as the benefice may beir at the sight of the Commissioners forsaids?
Qwhilks overtures being read in presence of the Assemblie, it was ordayned that every synod should have ane copie of them to be advysit therewith, until the morne, that they might give their advyce to his Majestie, qwhilk of [the] three were maist meet to be imbracit.
Anent the referres and petitiones of the Synod of Fyffe given in to this present Assemblie, to be advysit upon be the samen: the brethren nominats Mrs James Melvill, Robert Durie, John Carmichaell, William Scott, John Cawden, John Fairfull, James Nicolsone, Andrew Lambe, Robert Howie, Patrick Scharp, George Gladstanes, and John Spottiswood, to convene the morne at aught houres, and advyse upon answers for satisfaction of the said petitiones, and to report the samen to the Assemblie; qwhereof the tenor follows:
The Articles of the Synod of Fyffe.
1. It wald be meinit be the Generall Assemblie that they are not ordinarly keepit, notwithstanding of the acts of Parliament and Generall Assemblie, and necessitie of the tyme, but the dyats thereof alterit without the knowledge of the presbytries and synods.
2. That ministers are callit before his Hienes’ Secret Council, _in prima instantia_, for doctrine and discipline, qwhilk is ane great incouragement to the enemies.
3. That all applicationes in exercise of presbytries is found fault with, under the pretence of the act of the Generall Assemblie, the qwhilk act therefore wald be sichtit and cleirly interpreted.
4. That the government of the chief matters of the Kirk continows in the hands of a few number, under the name of a Commission, to the prejudice of the liberties of the Synods and Presbytries.
5. That the Doctors beiring ordinar calling in the Kirk, be the discipline and custome thereof, are debarrit from the Assemblies.
6. That the Assemblie hes taken no tryall, hithertill, anent the cautiones sett downe for avoyding of corruption in the Commissioners’ votes in Parliament.
7. That the absence of the pastors of Edinburgh, alteratione of the ministry thereof, qwhilk was the chief watch-tower of our kirks, hurts greatly the cause of religion and encourages the enemies.
8. That there is distractione in opiniones different from that consent of hearts, qwhilk hes been in the Kirk before, in weighty causes, and over little consideratione, deliberatione, and reasonyng had, qwherby conclusions pass, almost the halfe of the brethren gainsaying.
9. That the land is defylit, and the Kirk indamnadgit, be the French Embassador’s messe.
10. Excommunicat persones for Papistrie sufferit to haunt the countrey publickly and peaceablie.
11. That the noblemen lately releicit fra excommunication for Papistrie, gives no token of the profession of the truth, but raither the contrair.
12. That apprehendit Papists’ directions and letters are keepit closs, and the danger imminent thereby to the Kirk not communicat to the watchmen, whereby they may make the faithfull warning, and prevent the perrill.
13. That the discipline of the Kirk against murther, incest, and adulterie, is not pursued with that holy severitie that becomes, notwithstanding of the frequent remissions obtainit be criminall persones, for eschewing of civill punischment.
14. That the remedies sett downe againes apprehendit dangers at diverse tymes, and at diverse meetings of the Kirk, are not followit furth.
Anent the act made of before, against such persones as abstaines from the holy communione, either for Papistrie or collour of deidly feuds, The Assemblie ordayns that every ane of the ministry keep this order following within this Kirk, to witt, That he warne such persones be the space of {blank space} moneths before the communione to compeir themselves for the samen, qwhilk beand done, and they disobeyand, that every minister incontinent thereafter, send the names of the disobeyers subscrybit with his hand to ane of the King’s Majestie’s ministers, qwha shall intimate the same to his Majestie and his Hienes’ Thesaurer, to the effect that his Majestie’s Thesaurer may put the acts made against non-communicants to executione against them, and that every presbytrie command the ministers within their presbytrie to be diligent in the executione of this act.
Because it was meint be the brethren, that the supplicatione made in the last Assemblie to his Majestie anent the restrayning of noble and gentlemen’s sonnes, that passes furth of the countrey to such places qwher there is restrainit of the trew religion, Therefore his Majestie declairit, in presence of the haill Assemblie, that he wald give ane command to the Secretar that he sould subscryve no warrant for passing of noble or gentlemen’s sonnes furth of the country, except they first fand cautione conform to the tenor of the act made in the last Assemblie anent passing of gentlemen’s sonnes furth of the country.
The said day, the King’s Majestie having declareit that it was requisite that his Hienes had ane wther minister adjoynit unto his house, to the effect his Prince might be brought up in the trew religione, Therefore the Assemblie transports Mr James Nicolsone from the kirk of Meagle, and appoynts him to be minister at his Majestie’s house, to the effect foresaid, and ordaynes him to enter in the said functione betwixt and the 15th day of February nixt to come, under the paine of deprivatione, provyding he be first sufficiently provydit be his Majestie; and lykewayes ordaynes Mr Andrew Lambe to enter to his cure in his Majestie’s house, betwixt and the first of January nixt to come, under the said paine.
Anent the planting of the kirks of Edinburgh: John Robertsone and George Herriot, Commissioners for the said towne, being callit, declarit that for the present they had but three kirks, qwhilk already were plantit with sax ministers, and qwhen as their fourth kirk, qwhilk is presently bigging, is compleit, they would crave supplement of wther two ministers.
Sess. 5^a.
The brethren appoyntit for penning the forme and subject of visitatione of kirks, gave in their advyce as followes:
The visitors shall appoynt two or three dayes for the tryall of every presbytry within the bounds of their visitatione, and be the space of ane moneth, or twenty dayes, at the leist, before their edicts, they shall make the presbytries acquaintit therewith, and send them the edict following, to be published at every paroche kirk be some other brother then the minister of the place, that it may be dewly execute, reportit, and indorsat, to the visitors at the first dyet of their meeting.
Let the edicts be so direct be the Presbytries that ane equall number shall be tryit in every ane of the dayes appoyntit for tryall of ilk Presbytrie, and the Commissioners of congregationes to be chargeit to their awne dyets accordingly.
Try the estate of every minister particularly, thereafter the estate of the congregations and countrie, and last the estate of the Presbytry in generall.
The particular Tryall of Pastors.
Try ilk Pastor seuerallie in his graces and habilitie to discharge his calling, in his furniture of books and necessare helps that may inable him in his calling, with what fidelitie and prudence he discharges himself in doctrine and discipline in his lyfe and the estate of his living. For this effect, inquyre first of the commissioners of his congregatione, what testimonie he hes of his awne sessione and remanent of his flock, and in speciall if he be resident in his parochine, upon his manss and gleib;--if his awne life and the goverment of his family be such as breeds no offence, but edifies his flock;--if he teaches every Sabbath ance or twyse, and if he teaches any wther dyets in the week;--gif he ministers the communion yearly with dew examinationes preceeding; if he hes ane established session of elders and deacons; if he keeps ane weekly conventione with his session for the exercise of discipline; if he catechises weekly ane part of his parochine; if he keeps ane ordinar visitatione of some families of his congregatione weekly; if he visits the sick and distressed qwhen occasion requyres; if he be carefull to take away all eylists and variances that falls out in the congregatione: Thereafter, if neid beis, let him be tryit be opening up some place of Scripture, and be questions; let it be inquyrit of him what helpe he hes for the advancement of his studies; if he hes the text of the Scripture in the originall languages, in caice he be sene in the tongues; if he hes Tremellius’ translatione of the Old Testament and Beza’s of the New, with the vulgar Inglish translatione; if he hes the Common Places; if he hes the Ecclesiasticall historie; what Commentaries he hes upon the Scripture, and speciallie upon his ordinar text; if he hes the Acts of the Councill of {blank space} and what wther wreits of the controversies of religione, and if he uses the conferrence of brethren for his reformatione in the doubts that he finds in his reading, and of qwhom; if he hes ane ordinary course of reading the Scriptures, ecclesiasticall stories, and controversies; if he maks any memorialls of his travells in wreit; what is his ordinar text; if he be provydit in title of the personage or viccarage, and if he have sett any tacks thereof, to qwhom and on qwhat conditione; in qwhois hands are the rents of his kirk, and qwhat is the best overture that he can give for provisione of a stipend thereat, in caice it be not already sufficiently provydit, and sicht the Sessione Book. The breither beand removit, let the Presbytrie be inquyrit ane by ane, and declare wpon their conscience qwhat they knaw anent his graces, fidelitie in doctrine and discipline, and anent his lyfe and conversatione: after the qwhilk tryall let him be judgit, and either allowed or admonisched, or wtherwayes censured, as the cause requyres.
The Tryall of the Congregationes.
Try every minister particularly if there be any Jesuites, Papists, Seminarie Priests, traffiquers against the estate of Religione and quietness of the country, within their congregatione, or resetters of them: if there be any witches, excommunicats, contraveeners of the discipline of the Kirk; if there be any superstitious dayes keepit be setting out of banefires or wtherwayes; if there be any superstitious places of pilgrimages, walls, and chappells; if there be any non-communicants; if there be any homicides or deadly feuds; if there be any adulterers or incestuous persones; if the Sabbath be profaned be keeping of mercats and labouring, specially in tyme of harvest: and as they finde in the premisses, to take order for reformatione of the poynts forsaids.
Tryall of the Presbytries.
Let the Moderator be inquyrit if they keep up ordinar conventions; if they have the monethly discourse upon the common heads and disputationes; if they visite the haill kirks within their bounds sen the last generall visitatione; if they take weekly and monethly accompt of their breither’s diligence in the discharging of their dewtie be teaching and visiting of their families, and such lyke; if there be any of the number that be insolent and will not acquiesce in the determinationes of his brethrene; if there be any eylist or divisione amang the brethren; qwhat unplantit kirks are in the bounds.
Qwhilk forme the Assemblie thinks good, and ratifies and approves the same, and ordaynes it to be universallie observed in all tyme coming in all visitationes within this realme, and ordaynes the power of the visitors to be direct conforme to the acts of the Generall Assemblie.
The said day, the brethren appointit to visite the petitiones of the Synodall of Fyffe condescendit upon the answers following:
Answers to the Petitiones of the Synod of Fyffe.
1. Finds that the Generall Assemblie should be appoyntit to be keepit according to the act of Parliament, halden at Edinburgh the 5 of June 1592 years, qwherof the tenor followeth, so far as concerns that poynt: “And sicklyke ratifies and approves the Generall Assemblies appoyntit be the said Kirk, and declares that it shall be lawfull to the Kirk and ministers every year, ance at the least, and oftener, _pro re nata_, as occasion and necessitie shall requyre, to hald and keep Generall Assemblies; provyding that the King’s Majestie, or his Commissioners with them, be appoyntit be his Hienes, being present at ilk Generall Assemblie before the dissolving thereof, nominat and appoynt ane tyme and place qwhen and qwhere the next Generall Assemblie sould be; and in caice neither his Majestie nor his saids Commissioners beis present for the tyme in that towne qwhere the Generall Assemblie beis halden, that in that caice it shall be leisume to the said Generall Assemblie be themselves to nominat tyme and place qwher the next Generall Assemblie of the Kirk beis keepit and halden as they have been in use.”
2. If his Majestie shall proceed against ministers according to his Majestie’s awne declaration made and inactit in the Generall Assemblie halden at Dundie {blank space} Session 10, the desyre of the second article is satisfyit, and no wther thing meinit therby.
3. Thinks it expedient that the Act anent the applicatione in the exercise be interpret not to forbid the wseing of the word of God in applicatione to the generall ends thereof, qwhilk is lawfull to exercise after this manner. This head of doctrine serves for refutatione of such ane error, for the rebuke of such ane vyce, for comforting of a person or people in such a case; and as for particular and personall applicationes, leaves it to be advysit qwhither it shall be in tyme coming or not, and how far any thinks good that this be reasonit in the Presbytries, and then commission sent with their reasons to the next Assemblie thereanent; and, in the meantyme, no invocatione to be wsit anent personall applicationes.
4. Let all commissiones be giuen and wsed from this furth, according to the four acts of the Generall Assemblie.
5. Finds that doctors hes had, and may have, vote in the Generall Assemblie, they havand ane lawfull commissione for that effect, according as it hes been found and declarit be the Generall Assemblie halden at Edinburgh 10th Maii 1586, and at {blank space} 1581, qwher it is found and declareit be the act of the Generall Assemblie, that doctors should concurr with the elders as brethren in all Assemblies.
6. Let the caveats be lookt to and precisely keepit in tyme coming, under the paines contained in the acts made thereanent answerit in the Assemblie.
7. Acquiesces in the declaratione of the brethren that hes spoken to his Majestie thereanent, and desyres Mr Walter Balcanquall to schaw the same to the Assemblie, and how the Presbytrie of Edinburgh is satisfyit in this poynt.
8. Let their names be given up, that his Majestie may take order with them according to the lawes, and in speciall with Captain Halkerstoune, Patrick Butler, Mr Alex. Leslie, Duncane Law, Thomas Browne, William Leslie, Patrick Mortimer.
9. Endit in the Assemblie.
10. To acquiesce in his Majestie’s declaratione hereanent, and requests his Majestie that the Presbytries be acquainted hereafter, in such case qwher it shall be needfull.
11. Where there is negligence in this poynt, let it be amendit hereafter, according to the acts of the Assemblie.
12. Let farther diligence be wsit, qwhare negligence hes been.
Qwhilks answers the Assemblie allows of, and ordaynes them to be insert in the books of the Assemblie.
The qwhilk day the Generall Assemblie havand advysedly considerit the necessitie of appoynting Commissioners from this present Assemblie, not only to await upon such affaires as shall be for the weill and utilitie of the Kirk, but also to giue advyce to his Majestie anent the halding furth of the enemies of the same, qwhen they shall be requyrit be his Majestic thereto; Therefore the brethren convenit in this present Assemblie hes giuen and grantit, lyke as they, be the tenor heirof, giues and grants their full power and commission to the brethren under written, viz. Mrs Robert Pont, David Lyndsay, George Gladstanes, David Hoome, John Clappertoune, John Knox, John Spotswood, Alexander Lyndsay, Robert Howie, John Hall, John Caldcleuch, John Strachan, Andrew Knox, Gavin Hamilton, James Law, Andrew Boyd, Alexander Dowglass, Alexander Forbes, Andrew Leitche, Robert Wilkie, Patrick Scharp, Peter Blackburne, and Patrick Simsone, with the King’s Majestie’s ministers, or any nyne of them,--Givand, grantand, and committand to them their full power to plant such kirks in Burrowtownes, as is or shall be destitute of pastors: Attour, if it shall happen the King’s Majestie to be greivit at any of the ministers for qwhatsoever enormitie committit be any of them against his Hienes, with power to them, or any nyne of them, as said is, to try and cognosce thereupon, and to take such order thereanent as they shall think meit, to the glory of God and weill of the Kirk; and, finallie, with power to them to present the grieves and petitiones of this present Assemblie to his Majestie’s secret Councill and generall Conventione of Estates and Parliament, if any shall happen to be, and to crave redresse of the samen--_promitten de rato_.