Part 55

It is his Majestie’s advyse to this Assemblie, and pleasure, that presentlie there be nominat in everie Presbyterie ane of the godlie and most grave, of greatest authoritie and experience, and meitest for governement, to haue the moderation of his Presbyterie quhere he remaines, till the present sturres and fyre of dissention qwhilk is amangs the ministrie, and the great prejudice of the authoritie and credit, and the hinderance of the gospell and his Majestie’s high offence, be qwenshed and taken away; and the noblemen and others professing Papistrie within this kingdome so represt by justice and execution of lawes, or be the labours of the ministrie and discipline of the Kirk, that they be not able to hinder the course of the gospell, or strenthen and encourage the credit and power of laws against them, be committed unto the saids Moderators, and that the Bishops in the Presbyteries qwhere they are resident, in ane of the kirks of the Bishopric, have this care and burden committed unto them; and seeing that it will crediblie fall out that in the Presbytries, through the greatness of parties and the langsumnes and difficultie of processe, the saids Moderators will sometymes be constrained to referre the doing thereof to the Provinciall Assemblie and the Moderator thereof, it is therfor his Majestie’s advyse and pleasure that the Moderator of the Provinciall Assemblie, and persewing of actions of greatest difficultie be comitted unto the Bishop makand lawfull residence within the said province, or to the worthiest of them qwhen it sall happen moe than ane to be in ane province, in respect that his Majestie hes bestowed upon them, moyane and places qwherby they may be able to beare out the charges and burden of difficile and dangerous actions qwhilk other ministers were not able to sustane, and lykewayes by their credit and place in counsell, are able in sick causes, to procure greater celeritie and execution of justice as in sick cases will be requisite, than vthers.

The Conference having advysed, first anent the taking away of the forsaids fiers and suspition and satisfaction of the greifes, and willing to understand of his Majestie’s Commissioners, and sick as latelie had been acquainted with his Majestie’s intentions, and willing lykewise to heare the declaration of the Bishops thereanent as touching their owne intentions and purposes in this errand: It was declareit, that it was not in any wayes his Majestie’s purpose and intention to subvert and overthrow the present discipline of the Kirk of Scotland, but rather to augment and strenthen the samen so farre as it could serve for the well of the gospell and the restraint of vyce, and to sie sick eyelists and offences as in the administration thereof was the occasion of just miscontentment unto his Majestie, and a hinderance to the credit and authoritie of the ministrie themselves, removed and tane away, be sick good overtures as is after expressed.

In signe quhereof, as there is nothing done in derogatione of the halding of the Session, the Presbytries and Provinciall Assemblies, so it was never his Majestie’s intention, but that the keeping of Generall Assemblies at certaine competent tymes was, and is a most necessarie mean for the preservation of peace and union in the Kirk, and extermination of all heresie and schisme in the same: Therefor his Majestie doeth graceouslie declare, that as the Act of Parliament doeth still stand in full force and effect for the conveining of Assemblies anes every zeir by his Majestie’s direction, so it is his Majestie’s will that the day of conveining the next Assembly sallbe at Edinburgh the last Tuesday of July.

Sicklyke, the haill Bishops declarit that it was not their intention to usurpe and exerce any tyrannous and unlawfull jurisdiction and power over the brethren, nor to ingyre themselves any wayes unlawfullie in the Kirkes governement, or any part thereof, farder nor sall be committed to them be the Presbytries, Provinciall or Generall Assemblies; and if it sould happen to fall out that they, or any of them, sould be found to doe [in] the contrair, then, and in that case, they were content to submitt themselves unto the censure of the Kirk, als humblie as any other of the brether of the ministrie.

In lykemaner, it was declared that his Majestie, according to his occasiones,[51] lang ammitie and patience towards sick as happened to offend him of the ministrie, had delayed for a very lang tyme to give foorth any sentence against the brether now banished, still hopeing that by their good behaviour and humble sute for his Hienes’ pardon and favour, his Majestie have occasion to shew his clemencie towards them; and albeit his Majestie beand justlie provocked, was moved to give forth his will anent their banishment, Yet imediatlie, being requested in their favours be the Bishops and other brethren there present with them, it pleased his Majestie to declare that their want of his favour proceidit upon their awin default quho had never humbled themselves to seek his pardon as became them.

In respect quhereof it was thoght meit to direct the Bishop of Edinburgh,[52] Mrs Patrick Sharp, Patrick Gallaway, Robert Wilkie, Jo^n. Strauchane, W^m. Hall, Jo^n. Hay, with the Moderator of the Assemblie, to write a letter to the said brether in their name, [givand them advyce so to frame and send their humble] sute to his Majestie for his pardon and favour to them as may give his Majestie greatest satisfaction, and that the Assemblie earnestlie requeisted his Majestie’s Commissioners and others Noblemen employed be his Majestie to this Assemblie, so soone as their said supplication sould come from them of the tenor forsaid, to concurre be their credit and intercession with his Majestie, to procure them to be [made] partakers of that gracious favour quhilk his Majestie at no tyme heirtofoir refused to any of that profession quhom he fand willing to acknowledge and amend their oversight, and have recourse to his clemencie; for the quhilk declaration the Conference praised God, and thoght good that the brethren sould be written to as is befoir said, and be the brethrin befoir named.

Thereafter, having considered the overture proponed to them in his Majestie’s name, and finding it in shew, to carie some appearance of novation in the discipline of the Kirk, and fearing that it might bring with it some inconvenients: Therfor the Conference wald not take on them to determine their advyce theranent, quhill first the mater were exactlie resolvit in their presence, and sufficient remeid provyded for preventing all inconvenients might follow thereupon: Whereupon a good number of the most learned, godlie, and wysest of the brethren of the Conference, being appointed to reason and heare ane after another; and having exactly and at good length reasoned and examined quhatsumever inconvenients might follow upon the establishing of the said overture, it was considered and found at last to be ane universall voyce and consent of the whole Conference, but contradiction, that the said overture was both wise and godlie, and tending many wayes to the well of the Kirk: Provydeing that certaine cautions were observed for preventing such evils as might happen to fall out incase the said Moderators, or any of them, [should] either arrogantlie presume to usurp any farder power in the saids Presbyteries and Assemblies than it is comelie and lawfull for Moderators in sicke cases to doe, and presentlie and without innovating and altering at their owne fantassies, and at their owne hands, the custome that the discreit Moderators have used and aught to use in that place, or utherwayes be found remisse in proponeing or prosecuting any good purpose or overtouris quhilk sould be giuen in be the brethren or any of them to the saids Presbyteries and Assemblies, and according to the doubts quhilk in reasoning were found out and feared, the cautions following were aggried upon:

1. That it be provyded that the Moderators of Presbytries and provinciall Assemblies to be nominat and chosen according to his Majestie’s overtures, sall presume to doe nothing in the Presbytries and provinciall Assemblies where he moderateis, without the speciall advyse and consent of the brethren.

2. That the acts of the Generall Assemblies and caveats therein prescryved anent Bishops be observed.

3. That they sall vse no jurisdiction or power farder than the Moderators of Presbytries and provinciall Assemblies has bein in use of, be the constitutions of the Kirk befoir.

4. Incase it sall happen the Moderators of Presbyteries and provinciall Assemblies to be absent the time of the convention, then it sall be in the power of the saids provincialls and Presbytries, to nominate and choose out the wisest and gravest or their brether, to moderat their meitings in absence of the saids Moderators.

5. Quhen the place of the Moderator in any Presbyterie sall happen to vaike, the election of another to succeed in his rowme, sall be made be the whole provinciall Assemblie, with consent of his Majestie’s Commissioners, if any happen to be there present for the tyme.

6. And when any of the saids Moderators sall happen to depart this life betwixt Assemblies, it sall be lawfull to the Presbyteries to nominat ane of the gravest and worthiest of the number to continue in the Moderation of the Presbyterie qwhill the nixt provinciall Assemblie.

7. The Moderators of the Presbyteries sall be subject to the tryall and censure of the Provincialls; and in case it sall happen that they be found to be remisse in the discharge of their duetie, or [to have presumed] to usurpe over their brethren any farder power than is given them be their Assemblie, it sall be ane cause to them of deprivation from their office of Moderator, and they sall be depryved therefra be the saids provincialls.

8. In lykemaner, the Moderator of the provinciall Assemblies sall be tryed and censured be the Generall Assemblie; and if he be found there to have been remisse from his office of Moderation, or to have usurped any farder power nor the simple place that ane Moderator, he sall be depryved fra his said office of Moderator be the Generall Assemblie.

9. That the Moderator of ilk Presbyterie and provinciall Assemblie, with the scrybes being chosen, faithfull, wise, and formall men, be astrictit to be present at all Generall Assemblies as members thereof, and to have the rigor of the acts and proceiding of the Presbytries and provincialls there present with them, that their fidelitie and diligence may be sein be the Generall Assemblie, and the estate of the countrey therby knawen.

10. That it sall be leisum to ilk Presbyterie to send Commissioners to the Generall Assemblie, by and attour the Moderator and Scrybe, two or thrie, according to the act of our Assemblie anent the Commissioners of Presbyteries, if they sall think it expedient.

11. Farder, it is heirby declared, that notwithstanding of any thing done at this tyme, the Sessions, Presbyteries, Provincialls and Generall Assemblies, are to be observed, keeped, and obeyed as they have bein heirtofoir.

12. That the Moderator of the Generall Assemblie be chosen be vote of the said Assemblie, certaine leits being first nominat and proponed frielie, as use hes bein in tymes bypast.

13. That in everie Provinciall Assemblie where there is no Bishop makand actuallie lawfull residence, and haveand the Moderation of ane of the Presbyteries, the Moderators of the (meitest of the) Presbyteries within the said province beand proponed on leitt, the meitest of them sall be chosen be the said Assemblie Moderator thereof, his Majestie’s Commissioners’ consent there present beand had therto.

And farder, the Conference having examined the rolls of ilk Presbyterie, to sie if any was meiter to use the office of moderation than these quhilk befoir hes bein nominat to have the care of the dilation of Papists and uncommunicatis, they fand in their judgement, that the same persons was of all uthers, in everie Presbyterie, meitest alsweill to moderat as to haue care of dilation forsaid; reserveand alwayes unto the ministers of ilk Presbyterie there convinit, their awne priviledge and power, to nominat unto the Assemblie, a meiter if any be in the Presbyterie for the moderation; and therfor the said Conference finds it expedient, that the persons forsaids accept and take upon them presentlie the said office of moderation within the Presbyteries respective, and that the Presbyteries embrace and allow of them; and for this effect, that the saids Moderators and Presbyteries be requeisted therunto earnestlie be this Assemblie, and if neid beis, lykewayis charged that the Kirk of God be not long frustrat of the comfortable effects that the forsaid ordour is able shortlie, be the grace of God, to produce.

This overture beand proponed and declared at lenth in presence of the full Assemblie, everie article and heid thereof was with ane uniforme consent and allowance of all, without contradiction, except only so farre as concerned the Moderators in moderating of Presbyteries, and their continuance of the office of the Moderator bezond the accustomed tyme, quheranent certaine doubts beand proponit and satisfied, and the Bishops haveand given their declaration foorth of their awne mouthes anent their intentions and purpose, to be subject unto the acts and caveats of the Generall Assemblies, and to make residence within such a space as sould be limitated to everie ane of them be this present Assemblie; and if it sould be found expedient for the well of the Kirk, that other meiter and more worthie than they, to possesse and occupie their places, to demitt their benefices at the pleasure of the Assemblie; his Majestie’s consent [and approbatione] beand had thereto, wherein they promised, and if neid were, to be earnest suitars at his Majestie’s hands. Lykeas some of them declared, that they had alreadie most humblie craved the same of his Majestie for the respect they had to take away all offence from their brethren, provyding alwayes if aither, upon his Majestie’s advyse or probation to the Assemblie, or their awne supplication, the Generall Assemblie be moved heirafter, to grant them any relaxation of any of the caveats, quhilk upon good reason might appeare to the said Assemblie to be over strait, that this their promise sall make no derogation to the libertie quhilk the Assemblie heirafter sall be moved to grant them.

It was voted, and be pluralitie of votes concluded, to witt, his Majestie’s Commissioners, whole Nobilitie, Erles, and Barrons, to the number of threttie-three, together with ane hundreth twentie and saxe of the ministrie votting affirmative, that the said overture anent the continuance of the Moderator qwhill the present division of the kirk be removed, and the whole brethren broght to the unitie of mynd and affection qwhilk is agreeable to their calling, and may serve best to the furtherance of the cause of God, and overthrow of all contrarie cause, and the Papists alse fullie reprist or brocht to the obedience of the gospell, sould passe and be enacted as ane of the conclusions of this Assemblie;--the forsaids caveats beand alwayes keeped be everie ane of the saids Moderators, and the contraveeners censured and punished as is befor expressed--foure only of the whole Assemblie be their votes disassenting therfra, and uther foure refusing to vote for want of commission fra their presbyteries, and twa beand _non liquet_.

Extract foorth of the Book of the Acts of the Assemblie at Lynlithgow, and subscryvit be the Moderator and Scrybe thereof.

_Sic Subscribitur_,

JA. NICOLSONE, _Moderator_.

MASTER HENDRIE PHILP, _Scrybe_.[53]

_The Names of the Moderators of Presbyteries._

_Zetland._

Mr James Pitcairne.

_Orknay._

The B. of Orknay, in his absence Thomas Swintone, upon his expenses.

_Caithnes._

The Bishop of Caithnes, and in his absence Samuel Bruce, upon the Bishop’s expenses.

_Taine._

Mr Johne Ros.

_Ardmannath._

Mr George Monro, to be payed by the B. of Ros qwhile he be resident there himselfe.

_Innernes._

Mr James Bischop.

_Forres._

Mr James Dundas.

_Elgin._

The B. of Murray.

_Dumblane._

Mr Robt. Howie, and failzeing of him Mr George Chalmers.

_Cullen._

Mr George Douglas.

_Bamff._

Mr George Hay.

_Deir._

Mr Archbald Sibbald.

_Ellone._

Mr John Reid.

_Garioch._

Mr Robert Burnett.

_Aufurd._

Mr Alexr. Guthrie.

_Kinkardin Oneill._

Mr John Strauchane.

_Aberdein._

The B. of Aberdein.

_Mernes._

Mr Andro Ramsay.

_Brechin._

Mr Dugall Campbell.

_Aberbrothok._

Mr Arthur Futhie.

_Dundie._

Mr Jo^n. Ramsay.

_Megle._

Mr George Nicolsone.

_Perth._

Mr Alex. Lindesay.

_Dunkeld._

Mr W^m. Glass.

_Couper._

Mr W^m. Scot, and till his return Mr Johne Caldcleuch.

_St Androis._

The B. of St Andrews: in his absence Mr W. Wilkie, to be payit be the B.

_Kirkadie._

Mr Jo^n. Michelsone.

_Dunfermling._

Mr Jo^n. Fairfull.

_Auchterardour._

Mr John Davidsone.

_Striviling._

Mr Patrick Simsone.

_Lynlithgow._

Mr Ro^t. Cornwall.

_Edinburgh._

Mr Jo^n. Hall.

_Dalkeith._

Mr George Ramsay.

_Haddingtoun._

Mr James Carmichaell.

_Dunbar._

Mr Edward Hepburne.

_Chirnesyde._

Mr Jo^n. Clappertoun.

_Dunce._

Mr David Hoome.

_Melros._

Mr Jo^n. Knox.

_Kelso._

Mr James Knox.

_Jedburt._

Mr Jo^n. Abernethie.

_Twidaill._

Mr James Logane.

_Lanerick._

Mr W^m Birnie.

_Hamiltoun._

Mr Ro^t. Dalkeith.

_Glasgow._

The B. of Glasgow, and in his absence Mr Patrick Sharp.

_Paislay._

Mr Jo^n. Hay.

_Dumbarton._

Mr Jo^n. Blackburne, and quhill he make residence, Mr W^m. Stewart.

_Air._

Mr Jo^n. Inglis.

_Irwing_.

Mr Alex^r. Scrimgeor.

_Dumfries._

Mr Thomas Ramsay.

_Kirkudbright._

The B. of Galloway, and in his absence Mr Ro^t. Glandynning.

_Wigtoun._

Mr James Adamsone.

_Argyle._

The B. of Argyle.

_Isles._

The Bishop, and in his absence Mr Ro^t. Steuart, and on his expenses.

Extract.

_Sic sub^r._

JA. NICOLSONE, _Moderator_. MASTER HENDRIE PHILP, _Scrybe_.

The Generall Assemblie of the Commissioners from the Presbytries of the Kirk of Scotland, halden at Lynlithgow, the 26th of July 1608--in the qwhilk were present the King’s Commissioner, viz. the Earle of Dumbarr.

Sessio 1^{ma}, Julij 26, 1608.

Exhortatione beand made be Mr Pat. Galloway, Moderator of the last Assemblie, the brethren, after the accustomed manner, proceedit to the election of the Moderator of this present Assemblie; the leets being nominat, Mrs Patrick Scharp, James Law, Bishop of Orknay, John Mitchelsone, Pat. Lyndsay, John Hall, and Patrick Simpsone;--be plurality of votes, Mr James Law was chosen Moderator _hac vice_.

The Assessors appoyntit to conveene with the Moderator in the privie conferrence for treating of such things as are to be concludit in the Assemblie are these: The Earles of Dumbarr, Wigtone, and Lawthiane, with the Collector-Generall, his Majestie’s Commissioners, the Earles of Glencairne and Kinghorne, the Lords Grahame, Lindsay, Lowdane, Blantyre, Halyrudehouse, the Lairds of Balmanie, Kynnaird, Kilsyth, Carnell, the Bischopes of Caithnes, Mr William Dowglass, the Bischop of Aberdeene, Mr George Hay, the Bischop of Brechine, Mr Andrew Leitche, Mr Patrick Lyndsay, Bischop of St Androis, Mr John Mitchelsone, Mr Patrick Simsone, Bischop of Dunkeld, Bischop of Dumblaine, Mrs Will. Cowper, Patrick Galloway, John Hall, David Home, John Knox, Bischop of Glasgow, Mr Pat. Scharp, Bischop of Galloway, Mr Alex. Scrymgeour, Mr William Hamiltone, Mr Thomas Ramsay, Bishop of Argyll.

The hours of meeting appoyntit to be, for the privie conferrence, aucht hours in the morning and two afternoone, and for the Assemblie nyne houres in the morning and three afternoon. The brethren appoyntit for reading and answering the bills are Mrs Arthure Futhie, Henry Philp, John Clappertoune, John Reid, Peter Hewat, Edward Hepburne, and John Hay.

Sess. 2^a, Julii 27.

Forsuameikle as ane of the maist speciall causes of the convention of this present Assemblie is for suppressing of papistrie and idolatrie, qwhilk dayly mair and mair increases within this realme, and repressing of Papists, Jesuits, and Seminarie Priests, qwhois number still mair and mair increases within the same, to the great dishonour of God and overthrow of trew religione profest within this realme, if the same be not with some solide remead obviat in tyme: Therefore it is thocht expedient be the Assemblie, that before all uther things, this article concerning Papists and Papistrie be first advysit upon and concludit: And to the effect the Assemblie may the more solidlie and with the greater light proceed in the said matter, therefore they have ordaynit that the Commissioners of every Synod at the rysing of this Sessione conveine themselves severallie, and make ane roll conteining the number of Papists and the names of them within the bounds of their Synod: 2. The causes why Papistrie, Superstitione, and Idolatrie is come to so great ane height within this realme: 3. The remedies for suppressing all sorts of Papists and Idolaters within the same, viz. Papists already excommunicat, Papists qwho hes sworne and subscrivit to the treuth, and yet refuises to imbrace the same, and Papists that in word profess the truth, but in doctrine and deid contrairs the same: 4. What forme of proceeding every Synod hes usit against the Papists within their bounds: Quhilks articles the saids Synods shall put in wreit, and delyver the same to the Privie Conferrence at three afternoone.

It is lykewayes ordaynit that every Synod shall make ane particular roll of the names of such as are receipters of Jesuits, traffiqueing Papists, and Seminarie Priests within their bounds, and delyver the same privilie to the Earle of Dumbar, his Majestie’s Commissioner, to the effect order may be taken thereanent.

_Item_, Because the Marques of Huntlie hes been lang under proces and censure of excommunicatione before the Synods of Aberdeen and Morray, and in respect of his continuance and indurat superstitione of Papistrie and Idolatrie, they have orderly led and deducit the proces unto the finall sentence, the pronuncing quherof hes been continowit be them from tyme to tyme, upon hope of his Lordship’s amendment and turning from Idolatrie and Papisticall superstitione to the trew religion presently professit within this realme, and because they finde no hope of the same, but be the contrair greater obstinacie: Therefore the haill Assemblie in ane voyce decerns and ordaynes the sentence of excommunicatione to be pronuncit against his Lordship, with all possible diligence, and continows the declaratione of the place quhen the same shall be done and be quhom, to the nixt Sessione.

Sess. 3^a, 27 Julij.