Part 57
The said day, the brethren of the Generall Assemblie presently convenit, having advisedly considerit the necessitie of electing and chuseing Commissioners from this present Assemblie for giving advice to his Majestie anent the suppression of papisticall superstition qwhilk increases mair and mair dayly within this realme; therefore they have made, and constitute, and ordaynit, likeas they, be the tenor heirof, maks, constitutes, and ordaynes Mr George Gladstones, Bischop of St Andrews; John Spotswood, Bischop of Glasgow; David Lyndsay, Bischop of Ross; Alexander Lyndsay, Bischop of Dunkeld; Peter Blackburne, Bischop of Aberdeene; James Law, Bischop of Orknay; Alexander Douglass, Bischop of Morray; Gavin Hamiltone, Bischop of Galloway; Alexander Forbes, Bischop of Caithnes; Andrew Lamb, Bischop of Brechine; Andrew Knox, Bischop of the Isles; Patrick Galloway, Patrick Simsone, David Hoome, John Clappertoune, John Knox, Robert Howie, John Hall, John Caldcleuch, John Strachane, Andrew Boyde, Andrew Leitch, Robert Wilkie, Patrick Scharpe, George Hay, Patrick Lyndsay, William Scott, Adame Ballantyne, John Hay, William Cowper, or any elevin of them, their very lawfull and undoubtit Commissioners from this present Assemblie; givand, grantand, and committand unto them, or any elevin as said is, their full power to plant such kirks in burrowtownes as presently are or shall be found destitute of pastors, before the next Assemblie. Attour, if it shall happen the King’s Majestie to be grievit at ony of the ministry for qwhatsoever enormitie committit be them against his Heines, with power to them, or any elevin of them, as said is, to try and cognosce thereupon, and to take such order thereanent as they shall think expedient to the glory of God and weill of the Kirk; and, finally, with power to them to present the grieves and petitiones of the Kirk to his Majestie, his Heines Secret Counsell, Generall Conventiones and Parliaments that shall happen to occurr before the next Assemblie, and to crave redresse of the samen; ordayning them to give accompt of their proceedinge to the next Generall Assemblie quhen it shall happen to conveine, &c. It is alwayes speciallie provydit, that this present nominatione of the same Commissioners quhilk were for the most part Commissioners in the last Assemblie, shall no wayes be prejudiciall to the Assemblie’s liberty in choising and electing Commissioners quhom they shall think most meit and expedient, neither shall this election indure or import any perpetuity of the office in the persone of the persones electit.--_Item_, It is statute that the haill Commissioners be desyrit and warnit to keep all their conventiones is opportunitie the same day may be done.
Forsuameikle as the distractiones and eyelists quhilks are suspectit to be in the hearts of the brethren among themselves, is one of the maist speciall and urgent causes of the increase of Papists and Papistrie within this realme: Therefore, for avoyding thereof, that certain of the brethren, viz., The Bischops of St Androis, Ross, Glasgow, Orknay, Mrs John Hall, Patrick Simsone, Wm. Cowper, and John Knox, conveine with his Majestie’s Commissioners to advyse upon the most solide and substantious overture for removeing of the saids eylists and distractiones, and to reporte the same to the Assemblie the next Sessione.
Sess. 7. Julii 29.
The said day the brethren appoyntit for advysing upon the best overtures anent the distractiones and eylists that were enterit in the hearts of the ministry declarit, that after mature deliberatione they fand the saids eylists and controversies to aryse either upon distractions of affectiones, or else diversitie of opiniones, the first whereof being carnall, and therefore more dangerous, because it sufferit not the brethren quhais affections were separate to unite themselves with efald and uniforme counsell and advyce, to resist the subtill practises of the common enemie, and so give him place with his subtill crafts to enter in the Kirk of God, and thereby to supplant and undermyne the same; Therefore their advyce was, that as the danger increases be the nourisching of the distracted affections of the brethren, even so the cure was the more necessary, and the more hastily to be applyit, to wit, That the haill brethren of the ministrie sould presently, in the fear of God, lay down all rancour and distractione of hearts and affectiones, quhilk either of them hes borne against uthers in all tymes bypast, and be reconcilit in the heartie affectione in Christ, as becomes them quho are ministers of the word of God, and preachers of peace, Christian love and charitie to his people, to the effect that this heartie reconciliatione, their hearts and advyce may be conciliat for disappoynting of the crafty devyse of the enemy. Quhilk advyce the haill brethrene of the Assemblie maist willinglie and heartilie imbraced, and ordained every ane of them, alsweill Commissioners present as of the ministry that were absent, to obey the same, by laying downe and casting away all grudge or rancour that any of the brethrene bear at uthers; in token qwhereof, and of an efauld union of hearts and affections, they all held up their hands to God, testifying to his Majestie the truth of their hearts in the said matter; and lykewayes they ordaynit the same to be intimat to the rest of the brethren at their returning to their Presbytries, to the effect the same may be done in every Presbytrie immediately after their returning, as said is--inhibiting also and dischargeing any such distractions or rancours to be among them, either in affectione, word, deed, or countenance, but that they concurre in ane mutuall friendship and amitie in God, as becomes the pastors of the Kirk of Christ; and qwhosoever does in the contrair, that he be censurit in his awne Presbytrie or Synod,--and in caice of negligence, the Commissioners of the Assemblie.
As for the second cause of eylists, qwhilk is said to aryse upon diversitie of opiniones, because these diversities of opinions results upon different judgements amongst the brethren, concerning the externall government and discipline of the Kirk, qwhilk cannot so schortly be discussit and advysit upon as the brevitie of this Assemblie permitts: therefore it was the opinion of the brethren forsaid that the same sould be delayit to ane tyme mair convenient: and in the meantyme, certaine appoyntit to reasone, intreat, and advyse upon the same, quhilk lykeways the Assemblie hes thocht expedient--and, therefore, they have electit and chosen the brethren after following, viz. The Bischops of St Androis, Glasgow, Dunkeld, Orknay, Cathnes, M^r Patrick Scharpe, Robert Howie, John Mitchellsone, Henry Philip, George Hay, Patrick Galloway, John Hall, Patrick Simsone, W^m. Scott, Archbald Oswall, John Knox, John Carmichaell, Adam Ballantyne, John Weems, and W^m. Cowper, their Commissioners in that part, to convein with his Majestie’s Councill as his Hienes shall appoynt, at such tyme and place as they shall be requyrit be his Majestie, and to treat, reasone, and consult upon all matters standing presently among the brethren anent the discipline of the Kirk, and quhatsoever they agree upon to report to the nixt Generall Assemblie. And, in the meantyme, quhill the nixt Assemblie, for an _interim_, the advyce of the brethren convenit at Falkland the 16 of Junii last, be observit anent the constant Moderator.
_Item_, It is statute and ordaynit, that as upon every fifth day of August, publick thanksgiving is given to God for preservatione of his Majestie from the treasone of sometyme John Earle of Gowrie throughout all the pairts of Great Brittaine, and that the same be intimate at every paroche Kirk with all possible diligence; ordayning that such as refuses to doe the same, be observit and delait to the Commissioners of the Generall Assemblie.
_Item_, Because the brethren appoyntit for tryell of the diligence of the Commissioners appoyntit be the last Generall Assemblie for visitatione of the Presbytries and report, that it was ane generall grief and complaint given in be the few commissioners that had producit their diligence of the great desolatione of the want of pastors, and in speciall of the farthest of the North and South partes; therefore the brethren ordaint the commissioners of this present Assemblie to direct ane supplicatione to his Majestie for taking order for planting of the kirks within this realme; and in respect of the great necessitie of the kirks of Annandale, Ewisdale, and Eskdale, and the rest of the kirks of the daills quhilks are altogether unplantit, as likewayes, the kirks of Cathnes and Ross, in the quhilks it is regraited that in many of them the holy communione was never celebrate: Therefore the Assemblie hes given and grantit, likeas they be the tennor heirof gives and grants their full power and commission to their brethren underwritten, viz., to the Bischop of Glasgow and Mr John Knox, for visitatione of the kirks of Annandaill, Evisdaill, and Eskdaill, and remanent daills unplantit as said is, and to the Bischop of Caithnes, George Dowglass, and Mr Wm. Dowglass, for visitatione of the kirks of Caithnes and Rosse, with power to them to plant ministers at the kirks within the saids bounds respective, and to try the literature, qualificatione, and conversatione of such as are already plantit, and in caise of insufficiency to depryve them from their functione; with power also to cause kirks be re-edified quher as they are demolisched, and if need beis to unite kirks qwher necessitie requires, and to report their diligence to the nixt Assemblie--_promitten de rato_.
Sessio Ultima. Penultimo die Julii, Ante Meridiem.
_Item_, Because ane great part of the desolatione of kirks proceeds from the absence of certaine of the ministry from their flocks, be reasone they are so confynit, therefore the Assemblie hes thocht it expedient that the Commissioners direct ane humble supplicatione to his Majestie, most humbly desyrand his Hienes to sett at libertie such of the ministrie as are confynit, to the effect be their presence and awayting on their cure their flocks may be comforted, qwhilks are now left desolate.
_Item_, Because it is humbly lamentit that the inhabitants of the towne of Aberdeene ceases not yearly to elect and chuse such persones to be magistrats and upon their counsell as are wilfull and profest Papists, and enemies to the truth profest within this realme, to the dishonour of God, and dishearting of such as feares his name, and contempt of discipline within that burgh; Therefore it is ordaynit be the Assemblie that the Presbytrie of Aberdeene inhibit the Councill and inhabitants of the said burgh, that they elect nor chuse no Papists to beare office of ane magistrate or upon councill in no tyme coming, and if they doe in the contrare, that they proceed against them with the censures of the Kirk; Ordayning lykewayes the Commissioners appoyntit for his Majestie to adjoyne this petitione to the rest of their supplicationes, that by his royal authority, ane civill paine may be imponit upon the contraveeners of the said act.
_Item_, It is ordaynit that no minister in ony tyme coming, take upon hand to solist in favour of Papists or suspect of Papistrie, either before the civill or spirituall Judge or utherwayes, either be word or wreit, under the pain of deprivatione.
_Item_, Because there is sundrie supplicationes given in to the Generall Assemblie quhilk, for the schortness of tyme, cannot be decydit and answerit; therefore the Generall Assemblie remitts the same to their Commissioners above constitute, ordayning them to conveen upon the 15 of Nov. nixt to come, and there to decyde and answer all such bills and supplicationes as shall be direct unto them upon the back from this present Assemblie.
_Item_, Because it hath pleasit God of his mercy to grant ane good and happy successe to this present Conventione, to the comfort of his awne Kirk and discontentment of his enemies; therefore the Assemblie ordaynes the same to be intimate be every Presbytrie at their severall paroche Kirks immediately after the dissolving of this Conventione, and that they give publick thanks for the same, and pray God for a prosperous and a lang reigne to his Majestie and the health of his Royall posteritie.
The next Generall Assemblie is ordaynit to hald at Edinburgh the last Twesday of May 1609 years, if his Majestie shall think expedient.
Thanks being given to God for the prosperous event of this Assemblie be prayer and singing of psalmes, the same was dismissit.
The Generall Assemblie of the Kirk of Scotland, halden at Glasgow the 8 of Junii 1610 years, where was present the King’s Commissioners, viz. the Earle of Dumbarr with the Bischopes, with the Commissioners of Presbytries.
Moderator,
Follows the Heads and Articles concernyng the discipline of the Kirk to be observit in all tyme coming.
In the first, it is declarit that the allegit Assemblie haldin at Aberdeen is null in the self, speciall in respect it had not his Majestie’s allowance, and was dischargit be his Majestie’s Commissioner.
And because necessitie of the Kirk craves that for order taken with the common enemie and uther affaires of the Kirk, there shall be yearly Generall Assemblies, the condition whereof the Assemblie acknowledges to appertayne to his Majestie be the prerogative of his royall crowne; and, therefore, the Generall Assemblie maist humbly requests his Majestie, that Generall Assemblies be halden ance in the year, or at the liest, in respect of the necessitie forsaid, that his Majestie wold appoynt ane certaine tyme at the quhilk the samen shall be halden precisely in all tyme coming.
_Item_, It is thocht expedient that the Bischops shall be Moderators in every diocesane Synod, and the Synods shall be halden twyse in the year, of the Kirks of every diocie, viz. in Aprill and October. And quher, as the diocies are large, that there be two or three Synods in convenient places for ease of the ministry.
_Item_, That no sentence of excommunicatione or absolutione therefra be pronuncit againes or in favours of any persone without the knowledge and approbatione of the Bischop of the diocie, quho most be answerable to his Majestie for all formall and impartiall proceedings therein; and the proces being found formall, the sentence to be pronuncit at the directione of the Bischop, be the minister of the paroche quhere the offender dwells and their proces began.
And in caice the Bischop shall be found to have stayed the pronuncing of the sentence against any persone that hes merite the same, and against quhom the proces has been lawfully deducit, that advertisement shall be made to his Majestie to the effect ane uther may be placit in his rowme.
_Item_, That all presentationes heirafter be direct to the Bischop; and upon any presentatione given or utherwayes sute made be any to be admittit to the ministry, the Bischop is to requyre the ministry of these bounds qwhere he is to serve, to certifie by their testificat unto him of the partie suiter, his conversatione past, his abilitie and qualificatione for the functione; and upon returne of their testificat, the Bischop is to take harder tryall, and finding him qualifyed, and being assistit be such of the ministry of the bounds qwhere he is to serve as he will assume to himself, he is then to perfect the haill act or ordinatione.
_Item_, In depositione of ministers, the Bischope associating to himself the ministry of these bounds qwhere the delinquent serves, he is then to take tryall of his fault, and upon just cause found, to deprive him.
_Item_, That every minister, in his admission, shall swear obedience to his Majestie and his ordinar, according to the forme sett downe in the conferrence keepit in the year of God 1567, qwhereof the tenor follows:--
The Forme of the Oath to be given to the Persone provydit to any Benefice with Cure, the tyme of his Admission be the Ordinar.
I, A. B., now nominat and admittit to the G. of K., utterly testifies and declares on my conscience, that the richt excellent, richt hiche and mighty Prince James the Sixt, be the grace of God King of Scotts, is the only lawfull, supreame governour of this realme, alsewell in things temporall as in conservatione and purgatione of religione, and that no forraigne Prince, Prelat, nor Potentate, hes or oucht to have jurisdictione, power, superioritie, preheminence or authority, ecclesiasticall and spirituall, within this realme; and therefore I utterly renunce and forsake all forraine jurisdictiones, powers, superiorities, auctoritie, and promises; that from this furth, I shall and will bear faith and trew alleadgeance to his Hienes, his airs, and lawful successors, and to my power shall assist and defend all jurisdictions, priviledges, preheminences, and auctorities grantit and belangand to his Hienes, his airs, and lawfull successors, or united and annexed to his Royall Crowne: And farther, I acknowledge and confesse to have and hald the said G. possessions of the same (under God only) of his Majestie and Crowne Royall of this realme: and for the saids possessiones, I do homage presently unto his Hienes in your presence, and to his Majestie, his aires, and lawful successors, shall be faithful and trew: Swa help me God.
_Item_, The visitatione of ilk diocie is to be done be the Bischop himselfe; and if the bounds shall be greater than he can overtake, he is then to make speciall choyce, and to appoynt some worthy men to be visitors in his place; and quhatever minister, without just cause and lawfull excuse made, shall absent himselfe from the visitatione of the diocesian Assemblie, he shall be suspendit from his office and benefice, and if he amend not, he shall be depryvit.
_Item_, Exercise of doctrine to be continowit weekly amangst the ministers at the tymes of their accustomed meetings, and to be moderatit be the Bischope, if he be present, or then be ane uther quhom he sall appoynt at the tyme of the Synod.
_Item_, The Bischope shall be subject in all things concerning his life, conversation, office, and benefice, to the censure of the Generall Assemblie, and being found culpable, with his Majestie’s advyce and consent, to be depryvit.
_Item_, That no Bischop be electit but who hes past the age of fourty years compleat, and quha at liest hes been an actuall teaching minister ten years.
Qwhilks haill articles being diverse tymes publickly read in the face of the haill Assemblie conveinit, after voteing, the samen was ratified, approven, and concludit be the haill Assemblie, and ordaynit to be observit in all tyme comeing.
Forsuameikle as in this present Assemblie it is already statute, that the exercises shall be moderat be the Bischopes in the meitings of the ministry, if they be present, or then be any uther qwham they shall appoynt at the tyme of the Synod, and because the next Synod is not to be holden before the month of October nixt to come, therefore it is ordaynit, that in absence of the Bischope, ane constant Moderator shall remaine in their owne places qwhill the next Synod be holden in October.
_Item_, Because it is uncivill that laws and constitutions, either civill or ecclesiasticall, being ance established, and in force by publick opinion and consent, should be controllit and callit in question be any persone, therefore it is statute by uniforme consent of this haill Assemblie, that none of the ministry, either in pulpit in his preaching, or in the publicke exercise, speake and reasone against the acts of this present Assemblie, nor disobey the same under the paine of deprivatione, being tryit and convict thereof; and specially that the question of equalitie and inequalitie in the kirk, be not treatit in the pulpit under the said paine, and that every ane of the Commissioners present intimat this act in the first meeting of their services.
Extract furth of the Registre of the Acts of the Generall Assemblie be Mr Thomas Nicolsone, Commissar of Aberdeen, Clerke, Keeper and Extractor heirof.[54]
The Generall Assembly of the Kirk of Scotland, halden at Aberdein the 13th of August 1616 years, qwhere was present the Earle of Montrose, Commissioner for his Majestie, together with the Archbischops, Bischops, and Commissioners for Presbytries.
Exhortatione being made be {blank space} Mr John Spotswood, Archbishop of St Androis, was chosen Moderator.
Sess. 2^a. August 14.
Forsuameikle as the maist urgent causes of the convocation of this present Assemblie is to obviat the great increase of Papistrie within this realme, and to try out the just causes thereof, to the effect that sufficient remedies may be provydit for redressing of the same in all tyme coming, and that it is found be the haill Assemblie that ane great part of the causes of the increase forsaid relyes presently upon the slackness of the ministers in their holy profession, and pairtly upon the not executing of the lawes, alsewell civill as ecclesiasticall, against such persones as either were excommunicat themselves, and openly continuit the said censure, or qwho intertaines, receiptes, and maintains qwha are excommunicat, or qwho were the traffiquers against the trew religione presently profest within this realme: For remeid qwhereof the whole Assemblie in ane voyce hes statute and ordaynit in manner after following:
In the first, for the better tryall and discovering of Apostates, It is statute and ordainit that qwhosoever hes confessit the trew religion presently profest within this realme, and hes subscrivit the same, and has receavit the holy communion of the Supper of the Lord, and communicat conforme to the order prescryvit within this realme, if at any tyme hereafter he or she be found in any tyme either to reasone or gainstand the trew religione presently profest within this realme, or any particular head thereof, or to raill against the same, or else directly or indirectly to be a seducer or perverter of others from the said truth presently profest as said is, or if he or she be found to resett or intertaine any traffiquing Papists, Jesuites, or Seminarie Priests; any one of the said facts or deeds shall be ane sufficient cause of apostacie, and these doers shall be repute and punischit as apostates; and because the probatione in the saids causes is difficile and almost impossible, in respect that the said deeds are committit covertly and quherin probatione hardly can be producit; therefore it is statute, that in caise their probatione cannot be had, that it shall be lawfull to prove the same be the oath of the pairtie alleadgit committer of the saids facts and deeds, and that it shall not be lesum to him to refuse to give his oath in the saids matter, upon whatsomever collour or pretence of criminall action or wthers following thereupon; and to this effect that ane supplicatione be direct to his Majestie, that it might please his Hienes to sett downe ane ordinance for ratificatione of the former statute, to the effect it may be receavit in all judicatories.
_Item_, It is statute, if any persone or persones quho hes conformit himself to the trew religione presently profest within this realme, and hes subscryvit the Confession of the Faith and receavit the Communion, if in any tyme hereafter he or they doe not haunt the ordinare exercises of religione, being admonisched be their ordinare Pastor _trina admonitione_, the same being proven shall be ane cause to punische them as held and repute apostates.