RESCINDED ACTS OF ASSEMBLY.

[RESCINDED ACTS OF ASSEMBLY.]

In the Assemblie of the Kirk of Scotland conveint be his Majestie, and halden at Linlithgow, anno 1606.

Sess. 3. 12. Decembris.

In lyke maner the Conference finding that nothing mair weakened the credit and strenth of the ministerie and discipline of the Kirk against Papists, nor mair emboldned the adversares to goe fordward in their erronious course, than the appearances of division in the ministrie amang themselves, and the alienatione quhilk seemeth to be of his Majestie’s mynd from some of them: Therefore, for the removeing of all eye lysts and shew of division and alienation of mynds, either amang the ministers themselves, or of his Majestie’s good affection and favour from any of them, was thocht ane soveragne remedie for the effectuall suppressing of papistrie. And having searched and found out the cause of the distraction, of alienation of mynds forsaids in the ministrie, to be partlie a feare that some of the brether was of purpose, and upon course to subvert the libertie and discipline of the Kirk of Scotland, by removing the Sessiouns, Presbytries, Provinciall and Generall Assemblies, or by vsurping in their awn persons some sick tyrranous and vnlawfull jurisdiction as is no wayes lawfull, neither to be tolerated in a truelie and Christian reformed Kirk, and to shake off that obedience to all good ordour and comelines, established or to be established by the lawfull assemblies with his Majestie’s consent; and particularlie a griefe that some of the brether now banished foorth of his Majestie’s dominions, and uthers diseased, be long warding and relegation from their habitations and charges: And finding lykewayes be the declaration of his Majestie’s commissioners, and sick as were privie to his Majestie’s mynd, that his Hieness was no less grieved with divers formes and actions of some of the ministrie, for not haveand due regard and care to vse sick course in their actions and administration in the Kirk affaires, as might serve to intertain a solid peace and quyetnes betweene his Majestie and them, as lykewayes mutuallie amang themselves, and in speciall, that the charge of their governement was oftentymes almost ordinarlie committed to sick as, for lake of wisdome and experience, was no wayes able to keep their estate in any good frame or quyetnes, quherunto his Majestie imputed the chiefest cause of all the greifes and troubles quhilk had fallen out this lang tyme amangst the ministrie themselves, or any offence given be any of them to his Majestie, and that his Majestie could not be satisfied quhill this inconvenient were first removed, and a faithfull remedie provyded, that thereafter the lyke sould not fall out, quhilk his Majestie summarlie comprehended in this, if the affaires of the Kirk sould be administrat be the wysest and most godlie; wheranent also his Majestie’s speciall overture as heirafter followes, was prepared:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sic Subscribitur,

Ja. Nicolsone, Moderator.

Master Hendrie Philp, Scrybe.[53]

The Names of the Moderators of Presbyteries.

Zetland.

Mr James Pitcairne.

Orknay.

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

Caithnes.

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

Taine.

Mr Johne Ros.

Ardmannath.

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

Innernes.

Mr James Bischop.

Forres.

Mr James Dundas.

Elgin.

The B. of Murray.

Dumblane.

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

Cullen.

Mr George Douglas.

Bamff.

Mr George Hay.

Deir.

Mr Archbald Sibbald.

Ellone.

Mr John Reid.

Garioch.

Mr Robert Burnett.

Aufurd.

Mr Alexr. Guthrie.

Kinkardin Oneill.

Mr John Strauchane.

Aberdein.

The B. of Aberdein.

Mernes.

Mr Andro Ramsay.

Brechin.

Mr Dugall Campbell.

Aberbrothok.

Mr Arthur Futhie.

Dundie.

Mr Joⁿ. Ramsay.

Megle.

Mr George Nicolsone.

Perth.

Mr Alex. Lindesay.

Dunkeld.

Mr W^m. Glass.

Couper.

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

St Androis.

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

Kirkadie.

Mr Joⁿ. Michelsone.

Dunfermling.

Mr Joⁿ. Fairfull.

Auchterardour.

Mr John Davidsone.

Striviling.

Mr Patrick Simsone.

Lynlithgow.

Mr Ro^t. Cornwall.

Edinburgh.

Mr Joⁿ. Hall.

Dalkeith.

Mr George Ramsay.

Haddingtoun.

Mr James Carmichaell.

Dunbar.

Mr Edward Hepburne.

Chirnesyde.

Mr Joⁿ. Clappertoun.

Dunce.

Mr David Hoome.

Melros.

Mr Joⁿ. Knox.

Kelso.

Mr James Knox.

Jedburt.

Mr Joⁿ. Abernethie.

Twidaill.

Mr James Logane.

Lanerick.

Mr W^m Birnie.

Hamiltoun.

Mr Ro^t. Dalkeith.

Glasgow.

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

Paislay.

Mr Joⁿ. Hay.

Dumbarton.

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

Air.

Mr Joⁿ. Inglis.

Irwing.

Mr Alex^r. Scrimgeor.

Dumfries.

Mr Thomas Ramsay.

Kirkudbright.

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

Wigtoun.

Mr James Adamsone.

Argyle.

The B. of Argyle.

Isles.

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

Extract.

Sic sub^r.

Ja. Nicolsone, Moderator.

Master Hendrie Philp, Scrybe.

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

Sessio 1^ma, Julij 26, 1608.

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

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

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

Sess. 2^a, Julii 27.

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

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

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

Sess. 3^a, 27 Julij.

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.

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.

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.

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.

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.

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.