Part 56
Quhilk day, in presence of the haill Assemblie, compeirit Sir Thomas Kar of Hircha, Knight, in name of George Marques of Huntlie, and presentit ane supplicatione in name of the said noble Lord beirand as followis: Because that conscience is the only argument that movit me this wayes to protract tyme till I had perfect resolutione, and being far from an opinator, or ane that is given over to self-will, as appearit be my yielding to hear conferrence, and, lastly, be my going to the Kirk. I first wald have cravit, if possibly it might have been done, that I might have been heard with myne own mouth, that I might most heartilie intreatit that ane tyme might be condescendit on by your worships, within the quhilk, as it shall please you to conclude, I offer either to satisfy the Kirk, or presently to find surety under great soumes to avoyd the countrey before this day to be prescryvit be your worships. _Sic subscribitur_, HUNTLIE: And conforme thereto desyrit the same to be considerit, and requests in respect of the offers therein conteinit the pronouncing of the sentence of excommunicatione against his Lordship to be continowit. Quherwith the haill Assemblie being ryplie advysit, fand the offers conteinit in the supplicatione to be very frivolous, and no wayes inclyning to obedience and satisfactione; in respect quhereof, and for many other causes, and in speciall, because his Lordship, be his band, subscrivit with his hand upon the last of Junii 1608, presently produced in face of the Assemblie be the Commissioners of Aberdene, band and obleist himself to satisfie the Kirk, be communicating betwixt the date thereof and the 17th of July last bypast, otherwayes the ministrie to proceed with the sentence of excommunicatione against him, as in the said band at mair lenth is conteint: Therefore, the Assemblie, all in ane voyce, ordaynes the sentence of excommunicatione presently to be pronuncit against him be the Moderator of the Assemblie, in face of the haill Assemblie, but ony delay; conforme to the qwhilk ordinance, Mr James Law, Bischop of Orknay, Moderator of this present Assemblie, in face thereof, in maist solemne forme, pronuncit the sentence of excommunion against George Marques of Huntlie; qwhilk sentence is ordaynit to be intimat in all the kirks of this realme be the ministry the next Sonday immediately after their returning from this Assemblie; and in speciall, they command and ordayne the brethren of the Synod of Aberdeen and Morray to intimat the said sentence in their kirks immediatelie after their returning, and inhibites and maist straitly charges them, and every ane of them, that they receave nae offers of satisfaction frae the said Marques, but be speciall advyce of his Majestie and the kirk had therto.
The Commissioners appoyntit in the former Sessione for giving in the names of Papists, the causes of their increase, and remedie to obveat the same, producit their particular rolls, containing the saids heads, qwhilk the Assemblie thocht good sould be revisit, abridgit, and put in order be the Bischop of Glasgow, Mr Pat. Simpsone, Mr Wm. Cowper, John Clappertoune, John Hall, and George Hay, to the effect the samen might be presentit be them to the privie conferrence the next morning, that after, they may be intreatit in face of the Assemblie.
Sess. 4^a, Julii 28.
Forsuameikle as the brethren of the Presbyterie of Glasgow and Synod of Clyddisdale quho were appointit to deall and conferre with William Earle of Angus, Lord Dowglass, for bringing of him from blindness and superstitione of Papistrie and Idolatrie to the acknowledging of the trewth profest within this realme, did testifie in presence of the Assemblie, that they saw no appearance in his Lordship of conversione from his errors, but that rather by all evident tokens he was the more obstinat and obdurat in heresie of Papistrie, quhilk he some tyme abjurit before be subscryving of the trew religione presently profest within this realme: Therefore the Generall Assemblie ordaynes the Presbyterie of Glasgow to proceed against the said Earle with the sentence of excommunicatione conforme to the censures of the Kirk, with all possible diligence, and that they pronunce the said sentence against him betwixt and the 18 of September nixt to come, to quhom the Assemblie committs their haill power to that effect; discharging and inhibiting any of them to receave any offers of him for absolving of him from the said sentence, without the advyce of his Majestie and Commissioners of the Assemblie had and obtaynit therto.
Forsuameikle as the brethren of the Presbyterie of Perth quho were appoyntit to deall and conferre with Frances Earle of Erroll, for bringing him from blindness and superstitione of Papistrie and Idolatrie to the acknowledging of the treuth presently profest within this realme, did testifie in presence of the Assemblie that they could see no appearance in his Lordship of conversione from his errors, but rather be all evident tokens he was the mair obstinat and obdurat in his erracie of Papistrie, quhilk he sometyme abjurat before be subscryving of the trew Religion presently profest within this realme: Therefore the Generall Assemblie decerns and ordaynes the Presbytrie of Perth to proceed against the said Frances Earle of Erroll with the censures of the Kirk, until the finall pronuncing of the sentence of excommunicatione against him inclusive, with all possible diligence, and that they pronounce the said sentence betwixt and the 18 day of September nixt to come; to quham the Assemblie committs their full power to that effect, discharging and inhibiting any of them to receave any offers from the said noble Lord for absolveing him from the said sentence, without the advyce of his Majestie and Commissioners of the Assemblie had and obtained thereto.
Forsuameikle as be the declaratione of the brethren of the Presbytrie of Irvine, it was made known to the Assemblie, that after long dealing and conferrence had be them with the Lord Semple for bringing him to the acknowledging of the truth and imbracing of the sincere religione, they could not reap any good fruit of their labours and travills taken with him, but be the contrair he still continowit obstinat and indurat in his detestable error of Papistrie and Idolatrie, to the great hurt and evil example of the rest of the country: Therefore the Generall Assembly presently convenit, charges straitly and commands Mr Alex. Scrymgeour, Moderator of the Presbytrie of Irvine, under the pain of infamie and deprivatione from his functione, to pronunce the sentence of excommunicatione against the said Lord Semple, in the Kirk of Irvine, upon Sonday the 14th of August nixt to come, after the sermone, but any delay or impediment quhatsoever, and that the haill brethren of the Ministrie within the bounds of the Synod of Kyle, Carrick, and Cuninghame, intimat the sentence of excommunicatione so pronuncit against the said Lord Semple, every one of them at their awne Paroche Kirkes, upon Sonday nixt and immediatly following thereafter; discharging also and inhibiting the said Moderator and remanent brethren of the said Synod, to receave any offers or satisfactione from the said Lord Semple, but advyce of his Majestie and Commissioners of the Generall Assemblie had and obtained therto.
Sess. 5. 28 Julii.
The brethren appoyntit of before for reviseing and putting in order of the causes of the increase of Papistrie within this realme, and of the overtures for remeiding and suppressing of the same, gave in the saids causes and remedies thereof, of the quhilk the tenor follows:--
The causes of the increase of Papistrie within this realme are thought either to aryse of the pairt of the Ministrie, or else of wthers causes arysing from the Ministrie: First, their negligence to see the youth in every paroche brought up in the knowledge of the trewth by catechiseing, and careless to urge provision for Schooles within their bounds.
Secondly, The rasche and sudden admissione of men to the ministrie that are not able to withstand and convince the adversary in the dayes of apostacie.
Thirdly, The laike of care in ministers to mark the offences, viz. to consider the course of the enemie, and to discover and dilate Jesuites and traffiquers against religione, and uthers pervertit be them.
Fourthlie, The distraction aryseing amang the ministrie, quhill as diversitie of judgment hes drawne them unadvysedly to contrarietie of affectiones, breeding carnall contentions among themselves.
Overtures for remeiding of the Causses forsaids.
First, That it be of new inactit, that all ministers examine young children of the age of sax yeares, and try that they have the Lord’s Prayer, Beliefe, and Commandments, in the quhilk their parents shall be halden to instruct them before the saids years, together with some schort forme of grace before and after meat, as also some schort morning and evening prayer, and againe, that their growth in greater knowledge of religione be tryit, that afterwards it may please God to grant increase of knowledge at the age of fyftein or saxtein years, they may be admitted to the holy communione.
Secondlie, That the Apostles precept be remembrit;--Lay hands suddenly on no man--And according to it, that for closeing of the doore upon the affectiones of men, some longer tyme be ascryvit for admission of men to the ministrie; the exception of rare gifts being reservit to the judgment of the Generall Assemblie.
Thirdly, That ministers quho shall be found after tryall to have delayit the executione of discipline against Papists upon negligence--that is, either not beginning proces, or, if it be begune, not ending the same within halfe ane year, shall losse ane year’s stipend; and these that shall be fund to have done it upon some corrupt favour, shall be simplie deposit.
Fourthly, That there be recommendit to the ministry ane holy caire mutually to eschew offences, and follow peace and love, quherunto we are callit: the meanes for removing of such offences is referrit to the Generall Assemblie.
Causes of the Growth of Papistrie as they are conceavit, aryseth of utheris.
First, The overseeing of Seminarie Priests and Jesuites to traffique within the land, for perverting of such as hes not occasione to go out of the countrey, and impunitie of such as hes receaved them,--as also, that liberty that evill disposed persones, voyde of knowledge, hes taken of the injurie of tyme, to bring hame the books of apostats and professit Papists.
2dly, The preferment of men suspect of religione to publick offices within this realme.
3dly, The favour schawne be these that are in authoritie to traffiquers and excommunicat Papists after they had been apprehendit and wardit, sic as the Abbot of New Abbay and uther Mess Priests, dimittit as is thought out of ward, not without reward and without all warrand of his Majestie, and presently tollerat in the countrie without persute, quhilk hes not only wrought ane coldness of religione in the hearts of many people, but also nourishit ane false opinione of his Majestie, quhilk opinly bursts out in the mouths and speeches of many.
4thly, That qwheras Presbytries are proceeding in the triall of mess sayers and messe hearers, impediment is made be the Lords of his Majestie’s Councill, either by advocatione before the Lords, or dispensatione to such as are excommunicat, or by contramanding the Presbyteries to desist under the paine of hornying; and that the executione being producit against any persone before the judges, the same is not regardit, but proces grantit unto him as if he were ane member of the kirk not excommunicat.
5thly, The great libertie grantit to the subjects of this kingdome to repaire unto such pairts qwhare nothing is taucht but defection from religion and treason against lawfull princes, and no securitie taken for their constancie, and in speciall, the sending of noblemen’s sonnes by such as are in authoritie, furth of the land, by such convoy as may delyver them into the hands of Papists to be pervertit in religione, qwhereupon many of them are become apostates.
Lastly, The want of preachers in many congregations in this land, so that in ane province thirty-ane kirks are found to be vaickeand, and, in others, some seventeen, as in Nyddesdale, and uthers throw many pairts of the land.
Overtures for remedieing the Causes forsaids.
First, That ane commissione be grantit be his Majestie to the Bischop of every Synod with such well affected noblemen and gentlemen as the Commissioners of the Generall Assemblie shall nominat, to apprehend traffiqueing Papists, Jesuites, and Seminarie Priests that does haunt within their bounds, with power to charge the receipters to make open dores and delyver them, under the paine of treasone.
Secondly, That his Majestie be humbly intreatit, that no Papists nor suspect of Papistrie, beare charge in Councill, Sessione, Government of Townes, nor uther Publick Offices; and if there be any in the estate presently quhom his Heines knawes in his awne wisdome, to be men evil affectit towards religione, that his Majestie wold take order therwith.
Thirdly, That his Majestie will give order for executione of his Heines lawes against Papists and traffiquers with all rigour, and that no favour be grantit be any officer of estate without his Majestie’s privitie, under the paines of incurring his Majestie’s hiche displeasure; as also, that the Councill make no impediment to the letters of hornying to discharge the proceeding of Presbytries against the persones forsaids.
Fourthly, That Papists quho ance have been knawne professors of Papistrie, and for eschewing of civill paines or hope of preferment, will abjure their religion, that his Majestie will please to cause inact, that it shall not be lawfull to such to injoy any office or honor in the Commonewealth, notwithstanding of their oath and communicating, untill fyve yeares probatione had been taken of their constancie and sinceritie in professing of the truth.
Fifthly, That the Act made at Bruntiland concerning the sonnes of noblemen and uthers passing to uther countries be considerit and confirmit, quhereof the tenor follows: Item, for eschewing farther evill quhilk might come to the estate of Religione be the evill educatione of the youth furth of the country, it wold be cravit of his Majestie and Secret Counsell, that sic noblemen and uthers as directs ane pedagogue be knawne godly and of good religione, learnit and instructit in the same, and approvit in his religione be the testimoniall of his Presbytrie;--that their remaining furth of the countrey be in places qwher the Religione is presently profest, or at the leist qwhere there is no restraint of the same be the cruelty of inquisitione;--that dureing the tyme of their absence they shall not haunt any idolatrous exercise of religione, and such as hes not the moyen to sustaine ane pedagogue with their sonnes forth of the countrey, that they send them to such pairts quhere there is no restraint of religione; and in caice their sonnes, after their departure out of the countrie, haunt these pairts where the profession of the trew religione is restraint, that they find caution not to intertaine them: And in caice any that passes furth of the countrie imbrace any uther religione then that qwhilk is presently professit within this realme, and this to be ane exceptione against their service of their brives, and at the tyme of admission of any of them to any office or honors; and in caice any of their parents contraveen any of the premisses, that they incurre such paine as his Majestie and Secret Councell shall modifie, and that such as are already out of the countrey either be callit back againe before ane day to be appoyntit be his Majestie and Secret Councell, or else that their parents be subject to the lyke conditiones as is before sett downe, with such other additions to be eikit be his Majestie as his Heines shall think expedient; and in speciall, for better explanatione heirof, that at every service of any man as air to his father or any his predicessors, he be not servit be the Sheriff or any wther ordinar Judge to burgh or land, as air to his father or any of his predicessors, butt the testimony of the Bishop or Moderator of the Presbytrie quhare he dwells, beirand the confession of his faith and integritie of religione presently profest within this realme.
Saxtly, That the sonnes of such noblemen as profess Papistrie be delyverit to the custodie of uther their noble friends that are of religione, to be brought up in the knawledge of the truth.
Seventhly, That the searchers of merchandise brocht hame from beyond sea, be commandit to sease upon all books brocht hame, and put them to be tryit be the ministrie of the Presbytrie unto the quhilk they arryve, and that all book-sellers lykewise doe the same before they make open sale thereof, under the paine of confiscatione.
Auchtlie, That excommunicat Papists, especially such as be of ranke, be apprehendit and put in close ward, and none have accesse unto them except such as are of religione presently profest.
Ninthly, That his Majestie give order for the down casting of Gicht’s chappell, the house of John Cheine in Esselmonth, quho receipts all Jesuits and Seminarie Priests.
Tenthly, That order be taken with the Pilgrimages, viz., the Chappell callit Ordiquhill and the Chappell of Grace, and to ane well in the bounds of Enzie.
Eleventhlie, That such persons as are or shall be excommunicat and beares publick office within this realme, and thereafter put to the horne, that they nor their deputs shall bruik no office nor auctoritie under his Majestie efter their denunciatione, but that his Majestie shall appoynt wthers in their rowmes to doe and minister justice to his Majestie’s leidges.
Lastly, That his Majestie wald take order anent the planting of the Kirks that are presently destitute of pastors, and in speciall the Kirks of the Chappell Royall.
Quhilks haill causes of increase of Papistrie within this realme, with overtures for remeiding thereof, the Assemblie hes thought expedient that the same be direct to his Majestie, with ane humble supplicatione, requesting his Grace to take such order thereanent, as his Majestie shall think maist expedient for repressing of Papistrie, and increase of the truth and light of the gospell within this realme; quhereunto the Earle of Dumbar, his Majestie’s Commissioner, with the remanent of the nobility presently conveint in this Assemblie, hes promised to concurr: And therefore the Assemblie hes nominat, and be thir presents nominats,
{blank space} Earle of Wigtoune, ArchBishop of Glasgow, {blank space} Livingstoune of Kylsith, Mr William Cowper, minister at Perth, James Nisbet, merchand in Edinburgh, and Mr William Hart, of Presstoune, their very lawful Commissioners, giving them thair full power to present the humble supplicatione of this present Assemblie to his Majestie, together with the causes of increase of Papistrie, and overtures for remeid thereof above rehearsit, desyrand them that they wald maist humbly intreat his Majestie to consider of the same, and if his Heines thocht expedient, to cause the same to be put to executione, and that the rather because, that after the last conventione halden at Lynlithgow, quher there was many good acts and constitutions sett downe and concludit, the Papists, nevertheless, did most prowdly and contemptuously upbraid diverse of the ministrie, menassing them that they or the nobilitie conveint with them at that tyme, durst be bold to conclude any thing that might portend to the prejudice of Papists or Papistrie, as was clearly understood be the brethren conveint in this Assembly.
Sess. 6, 29 Julii, Ante Meridiem.
The qwhilk day the Assemblie thocht expedient that the Commissioners above specifeit, elect and chosen to present this supplicatione to his Majestie as is above rehearsit, shall with all possible diligence repare toward his Majestie, and with all humility present the said supplicatione to his Heines, and what ane answer it shall please his Majestie to give, that they reporte the same betwixt and the 15 of November nixt to come; and to that effect, the Assemblie hes chosen out of their number the Noblemen, Barrons, and brethren underwritten, viz. Earles of Crawford, Mortoune, Glencairn, Lithgow, Kinghorne, the Lords Grahame, Lyndsay, Saltone, Lowatt, Torphichen, Lowdon, Scoone, Balcleuch, Blantyre, Halyrudehouse, the Constable of Dundie, the Lairds of Kynnaird, Balvaird, Carnall, Houstoune, Edmistoune, Broxmouth, Polwart, Sir John Hoome of Northberwick,--the Commissioners of Edin^r., Perth, St Androis, and Glasgow, with the brethren after following, viz. Mrs William Dowglass, Alex^r. Lawsone, Abraham Sibbald, John Reid, Arthur Futhie, Androw Ramsay, John Kynneir, David Lyndsay, Adam Bannatyne, Patrick Weymes, Edward Hepburne, George Ramsay, Wm. Methven, Patrick Schaw, Walter Stewart, Hew Fullertoune, James M‘Quhorne, Thomas Ramsay, Robert Glendynning, together with the Commissioners of this Generall Assemblie, to convene at Edin^r. the said 15 of Nov^r. nixt to come, and there to receave from the saids Commissioners the report of his Majestie’s most gracious answer to the supplicatione forsaid, in name of the haill Assemblie; and in the meantyme, the Assemblie commands and ordaynes the haill Presbytries within this realme to proceed against Papists of all sorts within their bounds with the censures of excommunicatione, &c.
The said day, the Commissioners of the last Generall Assemblie being callit to give compt of their haill proceeding since the last Assemblie, compeirit and offerit themselves to be tryit on their proceedings be this present Assemblie, and to abyde at the censure of the same; and being demandit for productione of their acts and proceedings in wreit, declairit be the mouth of Mr John Hall, their Moderator, in absence of Mr Patrick Galloway, that the same could not be found, be reasone that sometyme umquhill Mr James Nicolsone, minister at Meigle, and in his absence umquhill Richard Thomsone, minister at Cassiltoune, were ordinar scribes and keepers of the rolls of all their proceedings, quha are both departit this lyfe; and albeit they have made travell at their executors hands for obtaining of the said scrolls, yet they could on no wayes attain unto the same--and therefore they and every ane of them did offer themselves to be particularlie censurit be this present Assemblie, and therefore being ordaynit all to remove; qwhilk being done, Mr W^m. Cowper, Moderator, appoyntit to this effect, demandit publickly if any of the Assemblie had aught to object against the saids Commissioners proceedings why the samen sould not be ratified and allowit? In respect of the taciturnitie of the haill brethren, and that nothing worthy of censure was objectit to any of them for their proceedings,--the saids Commissioners being receivit in the Assemblie, took instruments of the ratificatione and allowance of their saids proceedings.