Part 59
Qwhilks haill premisses above specifeit the said noble Lord protests and declares that he hes made and subscrivit truely and with ane honest heart, butt any equivocatione, mentall reservatione, or subterfuge qwhatsoever, devysit be the Romish Kirk and their supposts. Attour, the said noble Lord faithfully promised to plant his whole kirks qwhereof his Lordship hes the teinds in tack positiones or utherwayes, at the sicht and conclusione of my Lord Archbischop of St Androis, the Bischop of Murray, and the Laird of Corse, unto qwhois modificatione the said noble Lord submitts himself; be the tennor of thir presents, givand them power to modifie compleit steipends to the saids kirks, and as they shall be modified be them he oblisses him to make payment of the same to the ministers provydit or to be provydit to the saids kirks.
And in respect of the premisses, the Assemblie ordaynit the said noble Lord to be absolvit from the sentence of excommunicatione led and deducit against him before conformyng hereto, the Right Reverend Father, John Archbischope of St Androis, moderator, in face of the Assemblie, absolves the said George Marques of Huntlie from the said sentence, led and deducit against him, and receavit him againe into the bosome of the Church.
The quhilk day, the Generall Assemblie of the Kirke of Scotland presently convenit, having interest in consideratione of the cause of the defection and falling away of many from the trew religione, and having found the laike of the competent maintainance to ministers not to be the leist cause of the evills quhilks lyes upon the Kirke presently, the ground and fundament quhairof for the maist pairt hes proceedit from the dilapidatione of benefices, with the quhilk, if some solide order be not taken in tyme, the same is apparent to bring furth greater evill and desolatione in this Kirke: And seeing the King’s Majestie hes requyrit that order may be taken with the saids dilapidationes, Therefore, in respect the same cannot suddenly be done, but will requyre ane lang tyme and mature deliberatione, the Assemblie hes given, granted, and committed, lykeas they, be the tennor heirof, gives, grants, and committs their full power and commission to the brethren underwritten; they are to say, the Reverend Father in God, John Arch Bischop of St Androis, James Arch Bischop of Glasgow, Alex^r. Bischop of Dunkeld, Alexander Bischop of Murray, Patricke Bischop of Ross, Wm. Bischop of Galloway, Andrew Bischop of Brechine, Andrew Bischop of Dumblaine, Andrew Bischop of Argyle, Andrew Bischop of the Isles, Patricke Forbes of Corse, Mr George Douglass, minister at Cullen, John Reid, minister at Logybuchan, George Hay, minister at Turreffe, Doctor Henry Philipe, minister of Arbroath, David Lindsay, minister at Dundee, William Scott, minister of Coupar, Doctor Robert Harvie, Rector of St Androis, John Mitchellsone, minister at Bruntisland, Patrick Galloway, John Hall, Wm. Struthers, ministers at Edinburgh, Robert Scot, minister at Glasgow, Edward Hepburne, minister at Hawick, Doctor John Abernethie, minister at Jedburgh, William Birnie, minister at Air, William Erskine, minister at {blank space}; Givand, grantand, and committand to them, or the most part of them, their full power and commission to conveen at Edinburgh the first day of December nixt to come, in this instant year of God 1616, and there to take order with the dilapidatione of benefices, and to sett downe solide grounds how the progresse of that mischief might be stayed, and to advyse upon some meanes to recover and restore the estate of these benefices qwhilks be iniquitie of tyme hes been lossit; and if need beis to call and persew before them qwho hes made the saids dilapidationes, and punische them therefore; and as they shall conclude, the same to be inactit, and have the force of this present Assemblie; with power lykewayes to the saids commissioners, or maist part of them, as said is, to take order anent the planting of sufficient and qualified pastors in burrowtownes presently vaickand, and are not plantit at this present Assemblie; with power also to receave from the Richt Reverend Father, James Archbishop of Glasgow, and Mr William Struthers, minister at Edinburgh, the cannons of church discipline committit to their charge, to revise the same, allow and disallow thereof, and to direct ane supplicatione to his Majestie desyring that it wald please his Heines to ratifie and approve the samen, and to warrant the printing thereof be his authoritie royall.
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We have now accomplished the main part of the task in which for some months past we have been engaged, namely, to print for the first time, in a complete and connected state, all that now remains of the earliest record of the Reformed Church of Scotland. That record extends from 1560 to 1616 inclusive. And as stated in previous notes, the proceedings in the Assemblies, during the period now referred to, constitute what has been long denominated “The Booke of the Universall Kirk of Scotland.” The concluding part of our undertaking still remains to be performed in such illustrative notes and documents as are requisite for giving coherence and full effect to these important fragments of our ecclesiastical records; and this portion of our labours shall hereafter be prosecuted as speedily and comprehensively as the nature of the case admits of, with a due regard to fidelity in its accomplishment. In the meanwhile, “The Booke,” forming of itself a volume of sufficient size, it is now given in that shape to the public.
The reader of the preceding pages is already aware, that all the proceedings of the Episcopal Assemblies (subsequently to that of 1602) were rescinded by the Presbyterian Conventions which took place during the reign of Charles I. in 1638 and 1639. Even in the proceedings of the Assemblies soon after 1592, when Presbyterianism was established, there are various indications of the intentions of King James VI. to insinuate Episcopacy into the constitution of the Church; and after his accession to the throne of England, in March 1603, his policy in this respect became more manifest. Indeed, by an act of Parliament in 1597, (19th December,) the insidious propositions which had been made in the Assemblies, for the introduction of clergymen into Parliament, were given effect to, and formed the first step in the series of encroachments on the Presbyterian polity. Without at present going minutely into the detail of events which followed, it may be noticed, with reference to the rescinded acts of Assembly, that even before the Assembly of 1602, Prelacy was virtually introduced into the Church, and after that date it was openly established by a series of acts of Parliament. The Assemblies of 1606, 1608, 1610, and 1616, were all Episcopalian, as is evinced by the whole course of procedure in those Conventions, which were one and all convoked and packed by the King, and were held merely for the purpose of registering his edicts, and giving a colourable aspect to these as clothed with ecclesiastical sanction. There were two other Assemblies of like character held in the years 1617 and 1618--in the latter of which the celebrated Articles of Perth were adopted by the Bishops and subservient Clergy; but of the proceedings in these two Assemblies, there is no fragment in the MS. copies of “The Booke” to which we have had access; nor, although the nature of these proceedings is described by Calderwood and other historians, have we been able to discover any detailed record similar to that which has been preserved of the preceding Assemblies of the Church. After 1618, General Assemblies were entirely discontinued for the space of twenty years, until, in 1638, in consequence of the great revulsion which then took place in Scotland under the guidance of the Covenanters, another General Assembly was convoked by authority of King Charles the First.
In conformity with the course which we have already adopted with reference to particular epochs of our Church history, and in order to illustrate the relation which subsisted betwixt the Church and the State, we shall now, at the close of “The Booke,” subjoin in an Appendix the principal Acts of Parliament which were passed in regard to the Church, betwixt 1592 and 1638, when Presbyterianism was re-established--thus presenting, in connexion with the Acts of the Church, all the leading statutory enactments of the State by which the Church polity was established, modified, and subverted, during a period of seventy-eight years. And with these few explanatory remarks, we commit “The Booke of the Kirk” into the hands of our countrymen, being well assured that its pages contain much important matter, which merits careful examination and study at the present day.
_July_ 1839.
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And now the most grateful part of our task (for the present) only remains--to record our thanks for the friendly assistance we have received while engaged in the present undertaking. We owe our acknowledgments especially to Thomas Thomson, Esq. Deputy Clerk-Register; to the Rev. Dr Lee; and to Messrs A. M‘Donald of the Register House, D. Laing and Ferguson, Librarians for the Writers to the Signet; Mr Haig of the Advocates’ Library; Mr Rowan of the Theological Library in the University of Edinburgh; to the Rev. W. B. Smith, Chaplain of Edinburgh Castle; and to the Rev. Thomas M‘Crie, for many facilities and much useful information, without which the present publication would have been altogether impracticable at present.
It was our purpose to have included in the present Volume, a Copious Index and Glossary of obsolete words, and also to give a list of _errata_ which we have discovered, arising unavoidably from the frequent obscurity of the MSS. and discrepancies in orthography, besides slips of the pen and the press; but on further reflexion, it appears expedient to combine these useful addenda with the _Notes_, which will be found the more satisfactory corrective of any imperfections in the text of the Booke itself.
APPENDIX III.
ACTS OF PARLIAMENT relative to the Constitution of the Church of Scotland, betwixt 1592 and 1638.
I.
All Ministers provided to Prelacies suld have vote in Parliament.
19th December 1597.
Our Soveraine Lord, and his Hieness Estates in Parliament, havand special consideration and regarde of the great priviledges and immunities granted be his Hieness predecessours, of maist worthy memory, to the halie Kirk within this realme; and to the special persones exercing the offices, titles, and dignities of prelacies within the samin; quhilks personnes hes ever represented ane of the Estatis of this realme in all Conventions of the saids Estates; and that the saids priviledges and freedomes hes beene from time to time renewed and conserved in the same integrity and condition, quhairin they were at ony time of before; swa that his Majesty acknowledging the samine now to be fallen and becummin under his Majesties maist favourable protection; therefore his Majesty, of his greate zeale and singular affection, quhilk he alwayes hes to the advancement of the trew religion presently professed within this realme, with advise and consent of his Hieness Estates, statutes, decernes, and declares that the Kirk within this realme, quhairin the samin religion is professed, is the trew and halie Kirk: And that sik pastoures and ministers within the samin, as at ony time his Majesty sall please to provide to the office, place, title, and dignity of ane bishop, abbot, or uther prelate, sall at all time hereafter have vote in Parliament, siklike and als freely, as ony uther ecclesiastical prelate had at ony time bygane; and als declaris, that all and quhatsumever bishopricks presently vaikand in his Hieness hands, quhilks as zit are undisponed to ony person, or quhilks sall happen at ony time hereafter to vaik, sall be only disponed be his Majesty to actual preachers and ministers in the Kirk; or to sik uthers personnes as sall be foundin apt and qualified to use and exercise the office and function of ane minister and preacher; and quha in their provisions to the said bishopprickes sall accept in and upon them to be actual pastoures and ministers, and according thereto sall practize and exerce the samine thereafter.
_Item_, As concerning the office of the saids personnes to be provided to the saids bishopprickes, in their spirituall policie and governement in the Kirk: The Estates of Parliament hes remitted and remitts the samine to the Kingis Majesty, to be advised, consulted, and agreed upon be his Hienesse, with the General Assembly of the ministers, at sik times as his Majesty sall think expedient to treat with them thereupon; but prejudice alwayes in the meantime of the jurisdiction and discipline of the Kirk, established be Acts of Parliament, maide in ony time preceeding, and permitted be the saids Acts, to all Generall and Provinciall Assemblies, and uthers quhatsumever Presbyteries and Sessions of the Kirk.
II.
Act anent the King’s Majestie’s Royall Prerogative.
9th July 1606.
Forsameikle as the Estates and haill body of this present Parliament, considering that with the lawful descent in the person of our most gracious Soveraigne, of the righteous inheritance of the famous and renouned kingdoms of England, France, and Ireland, whilk very far surpasses the wealthe, power, and force of the dominions of any of his progenitours, kings of Scotland, God hath also joyned an wonderful incresse of care and burding. For discharge whereof, he hath endued his Majesty with sa many extraordinar graces, and maist rare and excellent vertues, as he is not only known by daily and manifest experiences, in matters of greatest difficulty and consequence, to the unspeakable comfort of all his faithfull subjects, to be capable of the happy government of his saids kingdomes. But by his most singular judgement, foresight, and princely wisdome, worthy to possesse, and habile to govern far greater dominions and numbers of people. And in respect thereof, the saids Estates plainly perceiving that by this his Majesties exaltation, not only in pre-eminence and power, but also in all royal qualities requisit for the happy discharge thereof, God hes manifestly expressed his heavenly will to be, that his Majesties imperial power, whilk God hes sa graciously enlarged, shall not by them in any sort be impared, prejudged, or diminished; but rather reverenced and augmented sa farre as possiblie they can. Therefore the saids Estaites, and haill body of this present Parliament, all in ane voluntar, humble, faithfull, and united heart, minde and consent, truely acknawledges his Majesties soveraigne authority, princely power, royall prerogative, and priviledge of his crown over all estaites, persons, and causes whatsomever within his said kingdome. And his Majesty, with expresse advyce, consent, and assent of the saids haill Estaites, ratifies, approves, and perpetually confirmes the samin; als absolutly, amply and freely in all respects and considerations, as ever his Majesty, or any of his royall progenitours, kings of Scotland, in any tyme bygane possessed, used and exercised the samine. And lykewyse, with consent foresaid, casses, annuls, abrogats, retreats, and rescinds all and whatsomever things attempted, enacted, done, or hereafter to be done, or intended to the violation, hurt, derogation, impairing, or prejudice of his Heighnes soveraigne authority, royall prerogative, and priviledge of his crown, or any point or part thereof, in any tyme bygane or to come. And the saids haill Estaites, for them and their successours, faithfully promits, perpetually to acknawledge, obey, maintein, defend, and advance the lyfe, honour, safety, dignity, soveraigne authority, and prerogative royall, of his sacred Majesty, his heires and successours, and priviledge of his Heighnes crown, with their lyves, lands, and goods, to the utermost of their power, constantly and faithfully to withstand all and whatsomever persons, powers, or estaites, wha shall presume, prease, or intend any wise to impugne, prejudge, hurt, or impaire the samine; and never to come in the contrare thereof, directly or indirectly, in any tyme comming.
III.
Act anent the Restitution of the Estate of Bishops.
9th July 1606.
Our Soveraigne Lord, now in his absence forth of his kingdome of Scotland, earnestly desiring sa to provyde for the just and politique government of that estate, as his faithfull subjects thereof may perfitely knaw, that absence breeds not in his royall mynde oblivion of their good, but that he is daylie mair and mair cairfull of sik things as may tend maist to the honour, profite, and perpetuall stability and queytnes of the said kingdome; wherein understanding religion and justice to be sa necessar foundaments and pillers, as by them the authority of the princes and queytnesse of the people in all tymes by-past hes cheifly bene established and mainteined, whill of late in his Majesties young yeares, and unsetled estaite, the auncient and foundamentall policy, consisting in the maintenance of the three Estaites of Parliament, hes bene greatly impaired, and almost subverted, specially by the indirect abolishing of the estaite of bishops, by the act of annexation of the temporalitie of benefices to the crown, made in his Heighnes Parliament, halden at Edinburgh in the moneth of July, the year of God 1587. Whereby, albeit it was never meaned by his Majesty, nor by his Estaites, that the said estaite of bishops consisting of benefices of cure, and being ane necessare estaite of the Parliament, should on any wyse be suppressed, yet his Majesty, by experience of the subsequent tyme, hath clearly seene that the dismembering and abstracting from them of their livings, hes broght them in sik contempt and poverty, that they are not habile to furnish necessares to their privat families, meikle lesse to beare the charges of their wonted rank in Parliament and generall counsails, and after the example of their predecessours, to assist and supply their prince with their counsell and goods, in tyme of peace and warre. The remeid whereof properly perteins to his Majesty, whom the haill estaites of their bounden duety, with maist heartlie and faithfull affection humbly and truely aknawledges to be soveraigne monarch, absolute prince, judge and governour over all persons, estaites, and causes, baith spirituall and temporall, within his said realme.
Therefore, his Majesty, with expresse advyse and consent of the saids haill Estaites of Parliament, being cairful to repone, restore, and re-integrat the said estaite of bishops, to their auncient and accustomed honour, dignities, prerogatives, priviledges, livings, lands, teynds, rents, thriddes, and estaite, as the samine was in the Reformed Kirk, maist ample and free at any tyme before the act of annexation foresaid. By the tenour hereof, retreats, rescinds, reduces, casses, abrogats, and annulles the foresaid act of annexation of the temporality of benefices to the crown, made in the yeare of God 1587 years, as said is, in sa far as the samine may in any wyse comprehend or be extended to the authority, dignity, prerogative, priviledges, towres, castels, fortalices, lands, kirks, teynds, thriddes, or rents of the saids bishopriks, or any part thereof, with all other acts of Parliament, made in prejudice of the saids bishops, in the premisses or any of them, with all that hes followed or may follow thereupon, and all act of dismembering of particular kirks, or commoun kirks of the said bishopricks, from the samine, or for separating the thriddes of the saids bishopricks from the bodie, tytle and twa-part of the samine. To the effect, the persons presentlie provyded to the bishopricks of Scotland, or any of them, or that hereafter shall be provyded to the samine may freely, quyetlie, and peaceablie enjoy, bruike, and possesse the honours, dignities, priviledges, and prerogatives, competent to them or their estaite since the reformation of religion: and all towres, fortalices, lands, kirks, teynds, rents, twa-part, thriddes, patronages, and rights whatsomever, belanging to the bishopricks, or any of them, to use and exercise the samine, and freelie dispone upon the haill twa-part and thrid, temporalitie and spiritualitie of their saids bishopricks, and all the premisses belanging to the saids bishopricks, as the saids acts of annexation and remanent acts, made in any wyse to their prejudice in the premisses, and everie ane of them, and all that followed thereupon, had never bene made nor done. They alwyse enterteining the ministers, serving at the cure of the kirks of their saids bishopricks, upon the readiest of their saids thriddes, according to their ordinar assignations made or reasonablie to be made thereanent.
Attour, Because his Majesties intention is onely to restore the bishopricks whilks are benefices of cure, and nowyse to alter any thing done in other benefices, whilks are not of cure. And for the better satisfaction of his Majesties subjects and faithfull servants, whom his Majestie in his princelie liberalitie, for diverse good respects and causes mooving him, hath beneficed, rewarded, and advanced with erections, fewes, patronages, teyndes, and others infeftments, confirmations of lands, rents, teyndes, patronages, and others rights of abbacies, pryories, and others benefices, not being bishopricks.
And to the effect they be not prejudged, nor put in mistrust by this act, of their saids securities in the premisses, his Heighnes, with the advyce of the haill Estaites of Parliament, ratifies and approves, and for him and his successours perpetuallie confirmes, the haill erections, infeftments, confirmations, patronages, tacks, and others securities of lands, teyndes, patronages, rights, and rents whatsomever, of the saids haill benefices foresaids, or any part thereof, (not being bishopricks,) given, disponed, or confirmed by his Majestie, during the tyme of the said Parliament, halden in the moneth of Julie 1587 years of before or sensyne, made agreeable to the lawes and acts of the said Parliament 1587, and others lawes and acts made sensyne. And faithfullie promits, _in verbo principis_, never to quarrell nor impugne the samine, directlie nor indirectlie, in any tyme comming. As also for the well and securitie of the tenants of the lands and teynds of the saids bishopricks, wha, since the act of annexation, have debursed diverse summes of money to his Heighnes’ thesaurer, for making and confirming to them of their infeftments, tacks, and securities of the saids lands, teyndes, and rents of the bishopricks possest by them. And to the effect the annulling of the said act of annexation, bereave them not altogether of the saids lands, teyndes, and rents of bishopricks, acquyred be them upon their large charges and expenses, according to the law then standing. And that upon the other part, the saids bishopricks be not altogether made unprofitable, by the unlawfull dilapidation of the rents thereof, and hurtfull conversion of the victuall, kaines, custumes, and other commodities of the samine, for unequall and unworthy pryces.