Part 58
_Item_, It is statute and ordainit, that qwhatsoever persone, knowne of before tyme to have been a Papist, and after reconciling to the Church, he shall be tryit and found to weare and beare under persone _Agnus Dei_ beads, cross, crucifixes, or to have uther house idols or images, or in their books such things as before they have superstitiously used, the same shall inferr just suspicione of apostacie and falling back; and they being convict thereof, shall be halden and repute as apostats.
_Item_, It is statute and ordainit, that qwhensoever any minister shall receave any Papist returning from his errors to the bosom of the Kirk, that at the tyme of his receaving, the minister shall first take his oath solemnlie sworne, that he shall declare the verity of his fayth and belief in every particular poynt and article contayning the Confessione of the Faith qwhilk shall be speirit at him, and that immediatly the said minister shall examine him particularly upon every head contained in the said Confessione of Fayth, and receave his particular answer thereupon _affirmative_ conforme to the same, utherwayes he shall not be receavit.
_Item_, It is statute anent the wyfes of noblemen and wthers qwho receipts traffiquing Papists, Jesuites, Seminarie Priests, and if the same were done against the will and knowledge of their husbands, that all such women shall be callit and convenit for the said receipt and intertainment; and their being convict therefore, they shall be wardit ay and qwhill they finde sufficient cautione to abstaine from the lyke in all tyme coming under a certaine paine, but prejudice of any actione that may be competent against their husbands, conform to the lawes of this realme.
_Item_, Because the speciall cause of increase of Papistrie proceeds upon the not putting to executione of the statutes and acts of Parliament made against traffiqueing Papists, or Seminarie Priests, that therefor an applicatione be directed to his Majestie, that it will please his Hienes to take such order that the lovable laws and acts of Parliament made be his Majestie in tymes bypast against traffiqueing Papists, Jesuites, or Seminarie Priests, may be put to executione in tyme coming with rigour.
_Item_, It is statute that the haill names of Papists recusants, within this realme, be given in be the Commissioners of this present Assemblie, to the clerk, to be delyverit be him to the Archbischops of St Androis and Glasgow, conforme to their severall provinces, to the effect they may be callit and conveinit before them in the hie commission, and punisched as accords; but prejudice alwayes of uther ecclesiasticall censure and discipline of the Kirk statute against them of before.
_Item_, It is ordaynit that every ane of the ministry give up the names of such of their paroche as hes past furth of the cuntrie, and not found caution for their behaviour and sincere professione of the trew religione furth of the samen, conforme to the act of Parliament, to the effect they may be callit, convenit, and punishit therefore.
_Item_, It is statute that the haill names of the persons excommunicat within this realme quhilk shall be given up be the Commissioners, be delyverit to the Bischope of every diocie, quho shall delyver a catalogue of the names to every minister within his diocie, ordayning every minister to make publick intimatione thereof at every ane of their paroche kirkes, upon Sunday, in tyme of divyne service, that no man pretend ignorance of the same; charging and inhibiting every one of their paroche, that they neither receipt the saids excommunicants nor intercommon with them; certifying them and they doe in the contrare, they shall be callit and conveinit as receipters of traffiqueing Papists and excommunicat persones, and punisched for the same.
_Item_, The Assemblie recommends to the care of Bischops within their dioces, and Ministers within their congregationes, to travell with the noblemen, gentlemen, and burgesses, that there be the ordinarie exercise of reading and prayer within their houses, as also ane prayer for the King’s Majestie and his children every meal.
Sess. 15.[55] August 15, 1616.
_Item_, Because there are some pamphlets and books full of calumnies quyetly sett furth and spread within this countrie be the Papists and enemies of trew religion; therefore the Assemblie hes ordaynit Mr Wm. Scott, minister at Cowper, and Mr William Struthers, minister at Edinburgh, shall make answers to the said books and pamphlets, to the effect that thereby the people may be instructit how to beware of the same, and the said errors and calumnies may be refutit.
_Item_, Because it is certainly informit that certaine women tacks upon them to bring up the youth in reading, sewing, and wthers exercises in schools, under pretext and cullour quherof traffiquing Papists, Jesuites, and Seminarie Priests, hes their appoyntit tymes of meeting, at the quhilk tyme they catechise and pervert the youth in their growing and tender age, in such sort that heirby thereafter, by great paines and travells, can they be brocht from their errors to the acknowledging of the truth presently profest within this realme: It is therefore statute and ordaint that it shall not be leisume to quhatsoever persone or persones to hold any schools for teaching of the youth, except, first, they have the approbation of the Bischop of the diocie, and be first tryit be the Ministers of the Presbytry quhere they dwell, and have their approbatione to the effect forsaid.
_Item_, Because it is ane great abuse in people passing to pilgrimages, wells, and old chapells, as lykewayes in putting up of banefyres; Therefore it is ordaint that the brethren of the ministry be diligent in teaching of the people and preaching against such abuses and superstitione, to the effect they may be recallit from the saids errors, and lykewayes that the minister take diligent tryall of the names of those quho haunts those pilgrimages, and delait the same to the Archbischopes of St Androis and Glasgow, every ane within their owne provinces, to the effect they may be callit before the Commission and punischit for the same.
It is lykewayes ordaynit that their names be delyverit to the Justices of Peace within the places of their pilgrimages and dayes of their meetings, and that they be requestit and desyrit to attend upon the saides dayes of their meetings, and to disturbe and divert them therefrom be apprehending and punisching them.
_Item_, It is ordaynit that every minister give up the names of idle sangsters within their paroche to the Justices of Peace, that they may be callit and convenit before them and punischit as idle vagabonds, conforme to the Acts of Parliament and power given to the saids Justices thereanent.
_Item_, Because it is found that diverse of the saids Jesuites, traffiquing Papists, and Seminarie Priests, goes about under collour and pretext of Doctors of Physicke and Apothecaries, deceaving and perverting the people from the trew religione profest within this countrie; Therefore ane supplicatione wald be direct to his Majestie, that it wald please his Hienes to statute and ordayne that none hereafter be sufferit to wse and exerce the office of ane Doctor of Physicke or Apothecar whill first he have ane approbatione from the Bischop of the dioces qwhere he maks his residence, of his conformity in religione, as lykewayes from the Universitie qwhere he learnit and studyit, of his qualificatione in the said airt.
The qwhilk day appearit in presence of the haill Assemblie, John Gordoune of Buckie, in name and at the directione of ane noble and potent Lord, George Marques of Huntlie, and presentit ane petitione direct be the said Marques to the said Assemblie, subscrivit with his hand, desyrand ane answer of the same to be given be the Assemblie, qwhereof the tenor follows, as is to be found in the end of this Assemblie.*[56] As lykewayes was producit be {blank space} ane letter direct from the Archbishop of Canterburie, together with ane uther letter from the King’s Majestie, concerning the absolutione of the said Lord Marques from the sentence of excommunicatione made be the said Archbischop of Canterburie, qwhilk were both read in presence of the haill Assemblie, and ordainit to be registrat in the Acts of the Generall Assemblie _ad perpetuam rei memoriam_, qwhereof the tenor follows:
Here to insert the two letters quhilk is to be found afterward.*[56]
With the quhilk the Assemblie being ryplie advysit, hes thocht it maist expedient that the said Marquess compeir in presence of the whole Assemblie, there to testifie his conformitie in the poynts of religione, and resolutione to abyde thereat, and so to be absolvit from the sentence of excommunicatione pronuncit against him; and therefor ordaines the said John Gordoune of Buckie to advertise the said Lord Marques, that he compear before the Assemblie upon Wednesday nixt to come, the 21 of August instant, to the effect forsaid; and for the better furtherance heirof, the Assemblie hes desyrit the Lord Commissioner and Lord Archbishop Moderator, to write thir letters to the said Lord Marques for the causes forsaids.
Sess. August 16, 1616.
The quhilk day, the Lord Commissioner for his Majestie producit certain instructiones direct be his Majestie to the said Lord Commissioner to be preponit to this present Assemblie anent the provisione of the remedie for the defectione and falling away of many from the truth, quhereof the tenor followeth:
Instructions to the richt trusty and well-beloved Cowsing and Counsellor the Earle of Montrose.--Here to be insert.*[56]
Qwhilk being read in audience of the haill Assemblie, they most humbly thanked his Majestie for the great care and solicitude his Majestie alwayes tooke for the advancement of the glory of God and professione of the trew religione within this realme, and holding downe and suppressing of papistrie and superstitione within the same; and as to the said instructions, the brethren were ordaynit to advyse therewith qwhill the morne.
Sess. August 17, 1616.
Anent the said instructiones direct from his Majestie to this Assemblie, the said Assemblie being rypelie advysit therewith, hes statute and ordaynit as followeth:
In the first, concernying the cause and defectione of many from the trew religione in this kingdome, and the remedies thereof, the Assemblie hes set them down in the articles made before in this present conventione; and therefore most humbly desyres his Majestie to confirme and allow them, and make them receave executione.
_Item_, Because the laicke of competent maintenance to ministers is the chief cause of the evill qwhilk lyes upon this kirk, qwhilk for the maist pairt proceeds from the dilapidatione of benefices; to the effect therefore that the progress of that evill may be stayit, and some meines devysit to recover that qwhilk by iniquitie of tyme has been losit, the Assemblie remitts the tryall, cognitione, and whole dispositione of this matter to the Commissioners appoyntit from this Assemblie for the causes underwritten. And in the meintyme, inhibits and discharges all ministers who are beneficit persones, and uthers that are members of any chapter, to sett in tack and assedatione, any pairt of their benefices, either in long or schort tackes, to qwhatsoever persone or persones, or as members of chaptor to give their consentes to any tackes or assedationes sett be uthers, qwhill the saids Commissioners have conveinit and taken order anent dilapidatione of benefices and forme and manner of setting of tacks, under the paine of excommunicatione of the persons setters of the saids tacks and consenters thereto, and deprivatione of them from their benefices.
_Item_, Because the provisione of learnit, wyse, and peaceable men to be ministers at chief Burrowtownes in vaickand places, such as Edinburgh, Perth, Aberdeene, Bamff, and uther places vaickand, is ane most effectuall meane to root out Poprie and perpetuat the trew professione of religione; it is therefore ordaynit that the burrowtowns be provydit with the most learnit, wyse, and peaceable men that may be had; and because the commissioners of the towne of Edinburgh hes no commission from the said toune anent the provisione of ministers to the vaickand places within their said kirk, therefore the care thereof is committit to the saids commissioners, to quhom it shall be injoynit in their commission, that they sie the same performit; and as to Perth, the Assemblie ordaynes my Lord Bischop of Galloway to deall with the Commissioners of the towne of Perth for provisione of that vaickand place; and sicklyke ordaynes the Provost of Aberdeene to advyse with the counsell anent the planting of the said kirk, to the effect sufficient and qualified men may be nominat and provydit to the saids places before the dissolving of this present Assemblie.
_Item_, Because ane speciall care should be had of the places of noblemen their residence, chiefly of such as were thoucht to inclyne to Poprie; therefore the Assemblie statutes and ordaynes, that the Lords Archbischops and Bischops, with the advyce of their Synods, take care that most learnit and discreet persones of the ministrie be appoyntit to attend the saids places, and be transportit thereto, sic as the kirks of Bellie, North Berwick, Cockburnespath, Paslay, and wthers places quhere noblemen make residence, chiefly those quho are thought to inclyne to Poprie, and that they have a care of their maintainance and sufficient provisione; and if the same be small, that these that are appoyntit to attend at the saids kirks carie their livings and rents with them quhill farther order be taken.
_Item_, Forsuameikle as ane of the maist speciall means for staying the increase of Poperie, and settleing of the trew religione in the hearts of the people, is, that ane speciall care may be taken in the tryell of young children, their education, and how they are catechisit, qwhilk in the meantyme of the primitive church was most carefully attendit, as one of the most effectuall meanes to cause young children in their tender years drink in the trew knowledge of God and his religione, but is now altogether neglected in respect of the great abuse and errors quhilks creip in into the Popishe church, upon the said good ground he bigging thereupone ane Sacrament of confirmatione; therefore, to the intent that all errors and superstitione quhilk hes been biggit upon the said ground may be rescindit and taken away, that the matter itself being most necessar for educatione of youth may be reducit to its owne integritie:
It is statute and ordaynit that the Archbishop and Bischops in the visitatione of the kirks, either be themselves, or qwhene they cannot overtake the bussiness, the minister of the paroche, make all young children of such yeares of age be presentit before them, and to give confession of the faith, that so it may appear in quhat religion they have bein traynit up, and that they be commendit to God by prayer at the tyme, for the increase of knowledge and continwance of his grace with them after that tryall; that the minister of the paroche, every two or three years, ance at the least, re-examine them, that after sufficient growth in knowledge they may be admittit to the holy communione; and it is desyrit that ane supplicatione be direct to the King’s Majestie, humbly craving that it wold please his Hienes to injoyne ane punischment upon such parties as either do not present their children, or shall be found negligent in their right instruction, and that they be callit and convenit therefore before the High Commission.
_Item_, It is statute that the simple professione of the faith underwritten be universally receavit throughout this whole kingdome, to the qwhilk all hereafter shall be bound to swear and sett their hands; and in speciall all persones that bear office in the Church, at their acceptatione of any of the saids offices, and lykewayes Students and Schollars; of the qwhilk Confessione the tenor follows:--
Here to insert the Confession of Faith.[57]
_Item_, It is statute and ordaynit that a Catechisme be made, easie, short, and compendious, for instructing the common sort in the articles of religione, qwhilk all families shall be subject to have, for the better informatione of their children and servants, qwho shall be halden to give accompt thereof in the examinationes before the communione: and for the better effectuating heirof, the Assemblie hes ordaint Mr Pat. Galloway and Mr John Hall, ministers at Edinburgh, and Mr John Adamsone, minister at Libbertone, to forme the said Catechisme, and to have the same in readiness before the first day of October nixt to come, to the effect the same may be allowit and printed with the King’s Majestie’s licence; the qwhilk Catechisme being so printed, it is statute and ordainit that no uther hereafter be printed within this realme, nor used in families for instruction and examinatione of their bairnes, servants, nor the people, in all tyme coming.
_Item_, It is statute and ordaynit that ane uniforme order of Lyturgie or Divine Service be sett doune to be read in all Kirks on the ordinarie dayes of prayer, and every Sabbath day before the sermone, to the end the common people may be acquainted therewith, and by custome may learne to serve God rightlie: and to this intent, the Assemblie hes appoyntit the saids Mr Patrick Galloway, Mr Peter Elliot, Mr John Adamsone, and Mr W^m. Erskine, minister at {blank space}, to revise the Book of Common Prayers contenit in the Psalme Book, and to sett doune ane common forme of ordinary service to be used in all tyme hereafter, quhilk shall be usit in all tyme of common prayers in all Kirks quhere there is exercise of common prayers, as lykewise be the minister before the sermone quhere there is no reader.
_Item_, It is statute and ordaynit that in all tyme hereafter, the holy Communion be celebrate in all Kirks within this realme at the tymes following, viz. in Burrowtownes, the Communion shall be celebrate four tymes in the year, and twyse in the year in landward Kirks, so that ane of the tymes alseweel in Burrowtounes as landwart shall be at the tyme of Eister yearly; and if any persone shall not communicat ance in the year at ane of the foresaid tymes, that it shall be humbly requyrit of his Majestie that the penaltie of the Act of Parliament may be exactit of such persones with all rigour.
_Item_, It is thoucht most necessare and expedient that there be ane uniformitie of Church discipline throughout the whole Kirks of this Kingdome; and to that effect it is statute and ordaynit that a Book of Cannons be made, published in wreit drawn furth of the Books of formall Assemblies, and quhare the same is defective that it be supplied be the Cannons of Counsell and Ecclesiasticall Conventiones in former tyme, the caire quherof the Assemblie be thir presents committs to the Richt Reverend James Archbishop of Glasgow, and W^m. Struthers, minister at Edinburgh, quho shall put in forme the said Ecclesiasticall Cannons, and present them to the Commissioners appoyntit be this Assemblie; to quhom power is given to try, examine, and after their allowance and approbatione thereof, to supplicat to his Majestie that the same may be ratified and approved by his Royal authoritie, with priviledge to put the same in print.
_Item_, It is statute and ordaynit, that for the help of posteritie, and to continue the light of the Gospell with ages to come, the Divinitie Colledge foundit at St Androis, quhilk sould be the seminarie of the Kirk within this realme, be maintainit and upholden, and ane speciall care taken thereof; and because the rent thereof is meine for the present, it is ordaynit that for the provisione of some students in divinitie every diocie shall intertaine two, or according to the quantitie of the dioces so many, as the number may aryse to twenty-sax in haill--respect being had to the mienness of some diocies, and greatness and powers of wthers, so that the leist diocies in their contributione shall be helpit and easit be the greater: in the qwhilk number it is ordaynit that the halfe at the leist be the sonnes of poor ministers, and be presentit be the Bischops of the diocies to the place.
_Item_, The Assemblie ratifies and approves the former Act made in the Assemblie holdin at Halyrudehouse the tenth day of November 1602 anent the sacrament of baptisme, that the same be not refusit if the parent crave the same, be giving ane Christian confessione of his fayth upon any uther particular pretence of delay to tyme of preaching, with this extentione and additione, that baptisme shall no wayes be denyit to any infant quhen ayther parents of the infant, or ony uther faithfull Christiane in place of the parents, shall requyre the same to the infant, and that the same be grantit ony tyme of day, butt ony respect or delay till the hour of preaching.
_Item_, It is ordaynit that every minister have ane perfect and formall register quherin he shall have registrat the particular of every baptisme of every infant within his paroche, and quha wer witness thereto, the tyme of the marriages of all persones within the same, and the speciall tyme of the buriall of every ane deceisand within their parochine, and that they have the same to be in readiness to be presentit be every ane at their next Synod Assemblie, under the paine of suspensione of the minister not fulfilling the same, from his ministry; and it is declared that the saids Commissioners in their supplicatione direct to his Majestie, wald crave humbly that his Majestie wald ordaine the extract furth of the said registres to make faith in all tyme comeing; and quho so observes this Act, the Archbischops and Bischopes shall let them have their qoats of their testaments gratis.
_Acta Sessione Ultima._
The quhilk day, in presence of the whole Assemblie, compeirit the noble and potent Lord, George Marques of Huntlie, and declareit that he had direct before, John Gordoune of Buckie to present his supplicatione to this present Assemblie, quhereof the tenor is insert before: Lykeas of new, he reiterat the said supplicatione, declaring the sorrow and grieff he had conceivit, in that he had lyen so long under the fearfull sentence of excommunicatione, and, therefore, most humbly desyrit to be absolvit from the same, as he faithfully promised in face of the haill Assemblie to performe and fulfill the conditiones and heads under specifeit, viz.:
First, The said noble Lord faithfully promised before God, his hand holden up, to professe and abyde be the trew religion presently profest within this realme, and allowit be the lawes and acts of Parliament within the same.
2. He faithfully promised to communicat at the first occasione he should be requyrit, and so to continow, conforme to the order of the land.
3. He should cause his children, servants, and whole domesticks, be obedient to the Kirk and discipline thereof, and sould cause them haunt the kirk at ordinar tymes of preaching.
4. He shall not receave Papists, Jesuites, Seminarie Priests, in his house, nor nane of his lands, but put them out of his bounds with all diligence.
5. He allows the Confessione of the Faith presently sett downe be the said Assemblie; and in token of his constant confessione thereof, he hes subscrivit the samen in face of the Assembly.