[FIFTY-EIGHTH GENERAL ASSEMBLY.]
The Generall Assembly of the Kirk of Scotland, convenit at Edinburgh, the 7 of May 1594.
The Generall Assembly of the Kirk of Scotland, convenit at Edinburgh, the 7 of May 1594.
Exhortatione being made be Mr David Lindsay, last Moderator, the Assembly proceedit to the electione of a new Moderator, and appoynting the leets, Mr Andrew Melvill, Patrick Galloway, Patrick Simpsone, Robert Pont, the said Mr Andrew was chosenhac vice.
Sessio 2a. May 8.
The necessitie of the tyme and affaires qwhilk are to be intreatit being considerit be the Kirk, it was concludit that no brother having Commissione to this Assemblie depart from the samen, before the finall dissolutione thereof, without licence obtained therefrae, under the paine of suspensione from their office, untill they be reponit be the said Generall Assemblie thereto. And as concernyng the penaltie of Commissioners that comes not to the Assembly at all, or remaynes not qwhill the end thereof, ordaynes the Register to be considerit what hes been statute already, and to report afternoone.
Sessio 3a. Eodem die.
Anent the citatione of James Drummond, Oliver Young, James Adie, John Reid, Patrick Justice, William Hall, indwellers of Perth, at the instance of the brethren of the presbytrie there, for the sclanderous receipting of the apostats lords within their towne: the saids persones compeirand and inquyrit gif they receipt the saids lords, and acknowledged therein simplie ane offence done to God and his kirk, answerit, they receavit them, but against their will, and for obedience of the King’s charge; allwayes before the comeing of the charge, the greitest pairt of all the towne had condescendit to receave them; and being urged with the promise they made not to receive them, and violatione thereof, answerit, that promise of assistance was made to them and not keipit. After qwhilk answer being removed, and certain good brethren being direct to conferr withthem, and re-entering, they for themselves, and in name of the haill towne, confesst to the glory of God and satisfactione of the Assembly, that they were over rasche and sudden in receiving such notorious enemies to God, desyreing most earnestly that no man be sclanderit or take evill example thereby; protesting before God, they enterit in the towne against their hearts, that are present here, promising be God’s grace never to give occasione in tyme comeing, and to assist and maintaine the Kirk of God and his trew religion, professit presently within this realme, and to resist the enemies and adversaries thereof to the uttermost of their power, and to obey and put in executione, so far as concerns their dewtie, the ordinances of the Kirk agreeing with the word of God: qwhilk professione they gave in in wreit, and subscrivit the samen with their hands, so many as could wreit, in presence of the haill Kirk; qwhairwith the brethren standing content, ordaynit the minister of the towne of Perth to publische the same in the pulpit, and to declare satisfaction of the Assembly thereanent, ordayning also the acts concernyng this offence, registrat in the books of the Presbytrie, and proces deducit therein against the towne, to be obliterat and put out of the register.
Sessio 4a. May 9.
Anent the sentence of excommunication, pronuncit be the brethrene of the Synodall Assembly of Fyfe, against the apostat lords:—The haill Assemblie, in ane voyce, ratifies and allowes the said sentence and proces of excommunication led against them, ordayning the haill pastores within this realme, to intimate solemnly at their kirk the said sentence, that nane pretend ignorance of the same, except Alexander Lord Hoome, who hes satisfiet the Kirk, and relapsit therfrae.
Forsuameikle as particular inquisitione hes been made of the presbytries, concerning their diligence for extirpation of Papistrie, and discipline usit against them, and receipters of excommunicat Jesuites and Seminarie Priests, qwherthrow the danger evident to the trew religione and Kirk of God may be rightly weyit, It was thought meet to take ane consideratione of his Majestie’s endeavoure, and of the haill Kirk’s farder in this matter; Qwherin, first, syndrie of his Majestie’s good etlings were layit down, specially at the read of Aberdeene, qwhere his Majestie, noblemen, and barrones, conveint, made ane band for the surety of religion, took the houses of theapostates, and putt them into them, callit such as were Papists, qwhilk were sent to Edinburgh to satisfie, and commissione given be his Majestie to the Earle Marischell of Livetennendrie for repressing of Papists and traffiquers: Suchlyke divers barrones callit in his Majestie to cognosce the same to be their handwreits be the blanks subscribed be the apostate lords, qwho verified the samen to be their handwreits.Item, After his returning from the read, ane act of counsell made, that nane should procure at his Majestie for any favour or grace to them, with ane charge to his ministers to take the oathes of his domestickes, that they should no wayes interceid for them at his hand; qwhilk was done.
And as concernyng the pairt of the Kirk in thir dangers, that it may appear they have not been idle or negligent in craving remedie, their trauells wes considerit in this, that they had proponed articles to the Parliament for the forfaultor of the apostates: They had direct their petitiones to Jedburgh, ffrom thence new articles to Linlithgow; of all of qwhilks small success has beene, and the danger nothing diminisched.
Followeth the tenor of the Bond and Act above specifeit.
Wee, Noblemen, Barrones, and wthers, undersubscryvand, being fully and certainly perswadit of the treasonable practises and conspiracies of syndrie his Heines’ unnaturall and unthankfull subjects against the estate of the trew Religione presently professit within this realme, his Majestie’s persone, Crowne, and libertie of this our native countrey, and finding his Majestie’s good dispositione to prevent and resist the samen, and to repress the chief authors thereof, his Majestie having our concurrence and assistance to the samen effect, Therefore, according to our bounden dewtie and zeall aucht to God’s glory, loue of our natiue countrey, and affection to his Majestie’s persone, Crowne, and estate, We haue promittit, and be thir presents promitts faithfully, Binds and obleisses us, and euery ane of us, to concurr and take ane aifald leill and trew part with his Majestie, and ilk ane of us with wthers, to the maintainance and defence of the libertie of the said trew Religione, Crown, and Country, ffrom thraldome of conscience, conqueiss and slaverie of strangers, and resisting, repressing, and persute of the chief authors of the saids treasonable conspiracies; as, in speciall, of George Earle of Huntlie, William Earle of Angus, Ffrances Earle of Arroll, Sir Patrick Gordowne of Auchindowane, Knight, Sir JamesChisholme of Dundarne, Knight, Mr James Gordowne, William Ogelby, Robert Abercrumbie, and all wthers Jesuites, Seminarie Priests, trafficking Papists, and wthers, his Heines’ declairit traytours, rebellious and unnaturall subjects, treasonable practisers against the estate of the trew Religione, his Majestie’s persone and Crowne, and libertie of this our native countrey: And to that effect We, and every ane of us, sall putt our selves in armes, ryse, concurr and passe fordward with his Majestie, his Livetennands, or wthers having his Majestie’s power and commissione, at all tymes, as we shall be requyrit be proclamations, missive letters, or wther wayes, and shall never shrink nor absent ourselves for any particular cause or quarrell amongst our selues: We shall not ryde, assist, schaw favour, giue counsell, nor take part with the saids Earles, Jesuites, or wthers forsaids, nor yet with the persones denuncit or to be denuncit to the horne, or declairit fugitives fra his Majestie’s lawes, for the treasonable fyre-raising and burning of the place of Dianybrissle, and murder of umqll James Earle of Morray, neither receipt, supply, nor entertaine them, nor yet furnische them meatt, drink, house, nor harberie, nor wtherwayes have intelligence with them, privatly nor publickly, be letters, missives, nor no wther manner of way; the skaith and harme of wthers we shall not conceall, but disclose and impede the samen to our utter powers. The quarrell or persute of us or any of us we shall esteeme, likeas presently we doe esteem, equall to us all, and, be ourselves, our haill forces, likeas his Majestie, with his Heines’ force and authoritie, hes promittit, and promitts, to concurr and assist together, ilk ane in the defence of wthers to our owther powers; and, in caice any variance shall happen to fall out amongst any of us, for qwhatsumevir cause, We shall submitt, Likeas presently we submitt us, to the judgement and delyverance of any two or three of the principalls of us, subscryvers of this present bond, and fullfill whatsumevir shall be declareit be them, but reclamatione or contradictione. Attour, his Majestie, be qwhais directione and command, with advyce of his Counsell, there is certaine Barrones and wthers gentlemen direct to remaine in the South pairts of this realme, hes promittit, and be thir presents promitts, in the word of a prince, that the samen Barrones shall not be licentiat to returne hame againe to the saids north parts, nather shall any favour or pardon be granted to the saids Earles, Jesuites, or wthers abovementionat, nor no order taine now, dispensit with, without thespeciall knowledge and advyce of the Livetennent and Commissioner for the tyme, and sax of the principall Barrones, at leist, inhabitants of the saids north parts, subscryvers of this present band; and this to do, We, the saids Noblemen, Barrones, and wthers forsaid, hes sworne and swears, be the great God our Creatour, Jesus Christ His Sonne our Redeemer, the Holy Ghost our Sanctifier, witnesses of the verity here agriet upon, and revenger of the brake thereof; and further obleisses us thereto under the paine of perjurie, infamie, and tinsell of credite perpetuallie, honour and estimatione in tyme comeing, besydes the ordinary paines of the lawes to be execute upon us, in signe and memorie of our unnaturall desertione from God and his Majestie. In witness qwharof, we have subscryvit thir presents with our hands, as follows, likeas his Majestie, in token of his allowance and approbatione of the premises, hes subscryvit the samen act att Aberdeene the{blank space}day of Marche 1592.Sic subscribitur, James Rex, Lennox, Athole, Marr, Marschell, James Lord Lyndsay, John Lord Inverness, John Maister of Fforbes.
Att Halyrudehouse, the 5th of Januar 1592.
Fforsuameikle as albeit the dangerous effects of the coverit and busie travells of Jesuites, Seminarie Priests, borne subjects of this realme, and some uther strangers, thir late yeares hes beine oft espyit and fierit, and for that cause be syndrie loveable laws, acts, and proclamations, alswell their awne remayning as their receipt, prohibit under diverse great paynes; yet their collourit simplicitie hes so farr prevaillit as they have not only purchast unto themselves favoure and credite to be kiepit, buirdit, and intertained in syndrie pairtes of the realme, after many promises made that they should have departit furthe of the same, butt also have taine occasione and leisure to persuade syndrie of his Hienes subjects to apostatise from that Religione qwhairin they were well instructed and groundit, and hes confirmit uthers in their errors, and at last seducit them to cast off that dew obedience whilk they awe to his Majestie, and entir in a treasonable conspiracie for inbringing of strangers-Spanʒairds within this realme, the nixt spring or sooner, to the overthrowing of his Hienes and all professing the trew Religione with him, and to the ruine and conqueste of this antient kingdome and libertie qwhilke this natione hes injoyit so many ages, that it may be subject heirafter to the slaverie and tyrannie of that proud natione,whilk hes made such unlawfull and cruell conqueste in diverse pairtes of the world, alsweill upone the Christianes as Infidells, wherever the aide of Spaine hes beene socht—regardingin the endno better their inbringers nor them against qwhom they were inbrought, being ance victors and commanders—as easily may be proven be speciall examples, qwhilk the malicious and unnaturall subjects of this land wald repute but as generall and improbable discourses, published in hatred of that natione to whome they have alreadie sold themselves slaves, and are their friends and factors in this land as they speake and wryte, were not it hath pleasit the good pleasure of Almightie God to make the proofe heirof certaine and without all doubt, be erecting of the simple truth of the intention and finall cause of all the crafty practises of their pernicious and trafficking Papists, Jesuites, and Seminarie Priests againes God, trew Religione, his Majestie, and libertie of this countrie: namelie, Mr James Gordowne, father-brother to the Earle of Huntlie, Mr Robert Abercrombie, father-brother to the Laird of Murthlie, quhais letters, directiones, advyces, yea and the messengers carriers of their credite and certaine uthers chiefe instruments and furtherers of their trade, God hes casten in his Heines hands, qwhen the schip appoyntit for their transporting was in full readiness to make saill: Qwhereby his Majestie is now not only sufficiently foirwarnit of the imminent danger to the trew Religione, his awne estate and persone, his realme and faithfull subjects, but resolvit be God’s help, be quhais Providence he hes been wonderfully delyverit frome so many former perrills, to try the circumstance of this so highe a conspiracie and detestable treasone, to withstand it, to punische the same and all guiltie thereof, in example to the posteritie; and that nane of his subjects heretofore abused and deceived be the craftie illusions of thir pernitious and busie warkmen shall remaine any langer doubtfull of the truth of his Majestie’s minde and intentione,—Ordaynes letters to be direct to officers of armes, Shreffs in that part, to make publicatione of the premises be open proclamation at the mercatt cross of the hied burghs of this realme and wthers places needfull, for warning of them of their awne danger, giff they shall suffer themselves to be any langer led in error be such deceivable spirits, to the perrill of their saules, bodies, lands, and goods, and therefore to abstaine from further hearkening to their treasonable persuasions, and from all intertaining, receipt, supply, or intercommoning, or having intelligence with them, directly or indirectly,under qwhatsomevir pretext, or cullour, under the payne of treasone; commanding also all and sundrie his hynes’ faithfull and obedient subjects that loves and feares God, wald the standing and welfare of his Majestie their Sovereigne Lord and King, professing with him the trew and Christian religione, and desyres that their awne wyffes, bairnes, and posteritie sould now and hereafter injoy the commodities of this their native countrie, unconqueist and made slaves in sawles and bodies to merciless strangers,—that they implore the protection and mercy of Almighty God for their defence and safeguard, and put themselves in armes by all good meanes they can—remaining in full readiness to persew or defend as they shall be advertised be his Majestie or otherwayes finds the occasion urgent; in the meantyme diligently espying and getting intelligence of the treasonable courses and proceedings of the saids Jesuites, Seminarie Priests, their favourers, intertayners, and receipters, and make advertisement to his Majestie or any of his councill, and thereof, with all speed and celeritie, as they will answer to God and his Majestie thereupon.Sic subscribitur.
Ja. Rex.
The Generall Assembly of the Kirk giues commissione to their brethren, Mrs Patrick Galloway, his Hienes’ minister, Peter Blackburne, and Patrick Simpsone, to give informatione to his Majestie of the evident danger imminent to the Kirk of God, within this realme, according to the instruction giuen unto them, and there withall to present to his Majestie, the humble Articles and Petitions of the Assemblie proponit for removeing of the saids dangers, and to insist with all humilitie and dew reverence for his Majestie’s good answer thereto, to the glory of God, and the comfort of his Kirk, and to report with all good diligence, his Majestie’s answer to the Assembly before they dissolve.
The Dangers qwhilks through the impunitie of the excommunicat Papists, traffiquers with the Spainʒards and wthers enemies of the Religione and Estate are imminent to the trew Religione professit within this countrie, his Majestie’s person, crown, and libertie of this our native countrey.
The Dangers qwhilks through the impunitie of the excommunicat Papists, traffiquers with the Spainʒards and wthers enemies of the Religione and Estate are imminent to the trew Religione professit within this countrie, his Majestie’s person, crown, and libertie of this our native countrey.
The samyn dangers, whilk of before by the craftie and pernicious practices of the Jesuites, and malicious, unnaturall, and treasonable conspiracies of the Earles of Huntlie, Erroll, and Angus,with their complices, threatins the subversione of the trew religione and the professors thereof, his Majestie’s crowne and persone, and of this their native countrie to the cruell and merciless Spainʒard, and were at that tyme discovered and apprehended be his Majestie and Estates, and haill bodie of this realme, so evidentlie that nane can pretend ignorance—at this tyme are imminent, more urgent and maire to be feared nor qwhen the danger seemed to be greatest, as may appear by these reasonsfollowing:—
First, It is certaine that the Spainʒard qwho, with so great preparationes in the lxxx. and aught year interprized the conquess of this isle, remaines as yet firme of that intentione, and waits only on ane meit occasione to accomplische that his purpose, as it appeares clearly by his continowing in this intertainment of intelligence, and trafficting with the forsaids excommunicats, ever since the dissipation of his navie.
Secundo, The manifest rebellions of the forsaids excommunicats and defections from his Majestie’s obedience, after so evident appearances of their wrack for their manifest treasonable attempts at the Bridge of Die, at Falkland, &c. and the proofe of his Majestie’s obedience and favour toward them in pardoning their forsaids treasones, declares that their malicious and restless ingynes in the prosecuting of their unnaturall conspiracies against the religion and countrie, cannot leave off nor cease so long as they are not punischit, nor restrainit by justice and execution of justice.
Thirdlie, Qwhereas the Kirk, on all occasions, hes insistit to declair to his Majestie, Counsell and Estates, the dangers evident for the tyme, and to craue convenient remedies thereunto, yet in effect nothing hes been obteinit, notwithstanding whatsumever promises, acts, proclamations, reads, &c. Qwhairthrow they have bein alwayes put in great securitie, and taks libertie and boldness of farther practises and attempts.
Fourthlie, Notwithstanding it was expressly provydit be act of Counsell, that nane should presume to traffique nor speak in favours of the saids excommunicats, under the payne of tynsell of their offices; yet now they are advancit in greater credite of his Majestie that are knowne to have been their chiefest favourers, and they ceise not as yet, contrare to their promises, to procure them all favour, sicht and immunitie, as it appeares in the effect, qwhatsoever they pretend.
Fifthlie, The erection of the idolatrie of the Masse in diversequarters of the land, as, namely, in Mr Walter Lyndsay’s house of Balgay, in Angus—in the young Laird of Bonnytonne’s house Barnes—in the Earle of Angus’ houses of Bothwell and Clidesdaill, and in the places of his residence in Douglasdaill—in the Earle of Huntlie’s house of Strabogy and Auld Aberdeene—in the Earle of Arroll’s houses of Logyamont and Slaines,—proves clearly that either they finde themselves sufficiently assurit of such favour and assistance within the countrey, as may plainly mentaine their cause be force, or else that they are persuaded of the aide of strangers, to be in such readiness as in dew time may serve for their reliefe, before that his Majestie and professors of religion performe any thing in effect in the contrair, or wtherwayes they durst never so openly disclose their idolatrie.
Sixthlie, The refuseing the act of abolitione offerit to them be his Majestie, to the great griefe of his subjects, proveth sufficiently the samen; for it is very probable and manifest that they wald never have refused so great ane benefite, except they had thought themselves fullie assured of ane better, either be favour of Court and assistance within the countrey, or be concurrance had of strangers without.
Seventhlie, Their refuseall to entir in ward, notwithstanding of his Majestie’s indignatione, and all that might follow therupon, proves the same.
Auchtlie, The late arrival of this bark at Montross, evidently shawis that their dangerous practises are presently at the poynt of executione against the religion and the countrie, and must hastily bring forth some great inconvenient, except they be preventit and resisted be ane present remedie.
Ninthlie, The open conventions of the foirenamit excommunicat Earles halden at Brechine and uthers places, since the arryvall of the said bark, declares that they esteem their courses now to be so substantiallie led, that they regard not qwhat may be done for resisting of the same.
Tenthlie, The diligence of the saids excommunicats in prepareing and putting of their haill forces in the north in armes and readiness upon advertisement, schawes that they have some present enterpryze, and attends only upon concurrance qwhilk appearandly they are very meikle animat to look for since the arryvall of the said bark.
Eleventhlie, Qwhereas his Majestie and Estates, at the first discoveryof their conspiracies, apprehendit ane very great danger to trew religione, the King’s Estate and Crowne and libertie of the countrie; and notwithstanding that the samen cause of danger as yet remaines haill unremovit, there is no apprehension of any danger, nor any care to withstand it. It is evident that either there is ane inclinatione and purpose to cover, extenuat and beir furth the evill cause, qwherthrow they will not sie, or else the Lord in judgement hes blinded and hardened the heartes of all Estates, to graape in the mid-day that qwhilk they cannot sie, qwhilk is the greatest danger of all, and ane most certaine argument of the wrath of God, and his heavie judgement hingand over the land, and so meikle the maire to be fearit because there is no cause of fear to be apprehendit.
Remedies for the samine.
For remedie of the forsaids dangers, the Assembly ordaynes the Commissioners to deall earnestlie with his Majesty, that he may apprehend the perrill, and be movit with ane bent affectione, to proceed against the foirenamit excommunicat Papists, Traitors, asfollows:—
1. That the saids excommunicats be forfaultit without favour; and, to that effect, that the Parliament appoyntit to be the 27th of this instant be halden precisely without any kind of delay—the Advocat sufficientlie instructit in every poynt, that the summonds may be found relevant, and sufficient probatione provydit.
2. That nane suspect of Religione be chosen upon the Articles.
3. That they be persewit after the forfatrie be way of deid, with all extreamitie, and their land and rents annexit to the Crowne, to remaine with his Majestie and successors for ever, and no pairt thereof disponit to any in favoures of the persones forfaultit.
4. That in the meantyme his Majestie his guard be imployit for apprehending Mr Walter Lyndsay, the Abbot of New Abbay, Bonnytoune, younger, Mr George Kerr, Mr Alexander Leslie, Thomas Tyrie, with all uthers traffiquers with Jesuites and Seminarie Priests, not conteint in the summonds of forfatrie.
5. That the rebells’ houses be taken, chargit and mannit, and their livings intromittit with and uptaken to his Majestie’s use without favour, and no pairt thereof disponit to their friends, or any uther persone for their commoditie.
6. That all persones be inhibite, under the paine of treasone and tynsell of their life, lands and goods, to receipt, supply, ryse and concurre, or have intelligence with the forsaids excommunicats, under qwhatsomever pretence of vassalls or defenders.
7. That the haill subjects be chargit to put themselves in armes be all good meanes they can, remaining in full readiness to persew and defend, as they shall be certified be his Majestie or uthers finding the occasion urgent.
8. That the bark arryvit at Montrose be apprehended, and the persones that were within her, together with such others as hes had a dealing with them, according as they shall be given up in ticket, be callit and diligently examinat for discoverie of the practises and purposes qwhilk they have presently in hand.
9. Forsuameikle as the Lord Hoome hes contraveint sundrie poynts qwherin he was oblisched to the Kirk of Edinburgh be his promise at the receiving of his subscriptione, as, namely, in not satisfying the Assembly of Fyfe, and not receaving ane minister in his house—in not removeing furth of his company Captaine Androw Gray and Thomas Tyrie; whereby, as also by his sclanderous lyfe sen his subscriptione, he hes given just cause of suspition to the Kirk and all good men, that in his heart he is not yet trewlie sanctified and convertit to the trew Religione: Therefore, that his Majestie wald take earnest tryall of the premisses, and thereof judge if there appear in him such ane sinceritie of religion and lyfe as his Majestie may lippen to, and the Kirk look for sure friendschip in such dangerous a tyme, in the cause of religione; qwhilk not being found, that his Majestie wald remove him from his company, and discharge him of all publick office and commandment.
10. That the guard presently taken up be tryit, together with their Captaines, in respect of many complaynts given against them to the Assemblie.
Att Edr. the 10 of May 1594.
The Assembly gives commission to Mrs Patrick Galloway, Robert Rollock, Patrick Simpsone, James Melvill, James Nicolsone, to propone the dangers and remedies above written to his Majestie, to rehearse his Majestie’s answers thereanent.—Sic subscribitur,
MrAndrow Melvill, Moderator.
[The King’s Answers written on the margin of the Remedies.]
(1.) To proceed against the excommunicats.(2.) There shall be nothing of the turn undone in my pt, as I have at length declared to the bearers.(3.) Great reason, and farther as I have schawne the forsaids bearers.Great reason, the forfature being endit.(4.) How willing I am to be imployit in apprehending any practising Papists, I remit me to the bearers’ declaration.(5.) Great reason how soon they are forfault, and I thank them for their counsell.(6.) Great reason—their forfatore alwayes proceeding.(7.) To be ready at my charge is meit; but I understand not the last clause of the urgent occasion.(8.) I shall omitt no diligence in that qwhilk can be requyrit at my hands, as I shall answer to God.(9.)Distingue tempora et concordabis scripturas.The meaning of this the bearers will expone to yow.(10) The complaints belongs not to their office: alwayes I have satisfied the bearers herein.—Sic subscribitur,
(1.) To proceed against the excommunicats.
(2.) There shall be nothing of the turn undone in my pt, as I have at length declared to the bearers.
(3.) Great reason, and farther as I have schawne the forsaids bearers.
Great reason, the forfature being endit.
(4.) How willing I am to be imployit in apprehending any practising Papists, I remit me to the bearers’ declaration.
(5.) Great reason how soon they are forfault, and I thank them for their counsell.
(6.) Great reason—their forfatore alwayes proceeding.
(7.) To be ready at my charge is meit; but I understand not the last clause of the urgent occasion.
(8.) I shall omitt no diligence in that qwhilk can be requyrit at my hands, as I shall answer to God.
(9.)Distingue tempora et concordabis scripturas.The meaning of this the bearers will expone to yow.
(10) The complaints belongs not to their office: alwayes I have satisfied the bearers herein.—Sic subscribitur,
Ja. Rex.
Sessio 11. 13 May.
Anent the horrible superstitione used in Garioche and diverse parts of the countrie, in not labouring ane parcell of ground dedicat to the Devill, under the name of the Goodman’s Croft: The Kirk, for remedy thereof, hes found meit that ane article be formit to the Parliament, that ane act may proceed from the Estaites thairof, ordayning all persones, possessors of the saids lands, to cause labour the samen betwix and ane certaine day appoyntit theirto; wtherwayes, in caice of disobedience, the saids lands to fall in the King’s hands, to be disponit to such persones as pleases his Majestie, who will labour the same.
Sessio 12. 14 May.
Anent the supplication of the minister and parochiners of Bruntisland, desyrand the Assembly to allow the act of the Synodall Assembly of Fyfe concerning their new kirk, in allowing thereof to be the paroche kirk: The haill Kirk present being advysit with thesaid ordinance, understanding that the new kirk buildit be them is most commodious for the parochine, both in respect of the greatness of the congregatione, and ewistness of the place, and alwayes mair convenient nor the ald kirk, qwhilk is not able to receave the congregatione, and is farther distant from them: Therefore allows and approves the judgment of the provinciall Assemblie of Fyfe, and ordaynes the said new kirk to be the paroch kirk thereof in tyme coming.
Alexander Lord Hoome compearand in face of the Assemblie; and inquyrit be the Moderator, if he confest in heart before the Lord, and with his mouth, that he was justly casten out of the Kirk be a sentence of excommunication pronuncit against him be the Synodall Assemblie of Fyfe, and as he wald answer upon paine of his salvation and damnatione, simply to speak the truth,—protestit and acknowledged openly, that he was justly excommunicat, and confessit his fault therein: And being inquyrit why he soucht to be relaxit from the said sentence according to the direction of the presbytrie of Edinburgh, excusit him be ignorance of that part of the act. As also being accusit that he deteaned the stipends of sundrie of the ministrie, speciallie of Chirnsyde—answerit, he was ready to doe what he ought to doe of law. Being further demandit why he hes not keepit conditions, specially sett doune in the act of the presbytrie of Edinburgh—as, namely, touching ane minister in his awne house—touching the removing of Thomas Tyrie out of his house: yet, in that poynt, he is content to haue ane, as the Kirk shall appoint him; and as to Thomas Tyrie, grants he was in his service sen his subscryving, but understood not that he was obliged to remove him qwhill the Kirk had proceeded to excommunicatione againes him, qwhilk he believes they granted it: alwayes fra the said Thomas was excommunicat, he removed him out of his companie; and as to John Tyrie and Captaine Gray, they are not his servants. Being requyrit if there was any persone callit Cowie, with whom he spacke schortlie, or any sett on land with the bark that came last in? Denyes the samen. And inquyrit if M‘Qwhirrie was in his house shortly? Grants that, within these few dayes he was in his house, and came by his witting, having neither letter nor commissione to him, and past away within halfe an hour. And last of all, the said Lord confessit in presence of God and his holy angells, whom he took witnesses, and the Lord Jesus whom he tooke judge, when he shall come to judge the quick and the dead,that he profest from his heart the trew religion presently professt be this Kirk here present, whereof he hes already subscrivit the articles before the presbytrie of Edinburgh, and with his solemn oath confessit before them, and now confesses before the Assemblie, to be the only trew and infallible religion qwhilk leads to salvatione, qwherein he mynds to liue and die, and shall to the uttermost defend againes all the enemies thereof; and denyes, as he shall answer to the dreadfull God, the Romane Catholick religione, all the Antichristian religion directlie opponit to the truth of God and his trew service, qwhilk he testifies to the haill Assembly be upholding of his hand, and with solemne witnessing of God, that he hes no dispensation nor indulgence to subscryve or swear to the said articles. For farther satisfaction of the brethren, the Kirk ordaynes my Lord Provest of Edinburgh, Alexander Hoome, the Laird of Aytoune, Mrs John Davidsone, David Black, David Lyndsay, to deale further with my Lord afternoone, to try of his full resolution.
Sessio 13a. 14 May.
Anent the offence conceavit be his Majestie againes a brother callit John Ross: The Assemblie of the Kirk thought it expedient that certaine of the Godlie, best learnit and discreetest of the Assemblie, should be chosen out, before qwhom that matter sould be first broken up and preceisly handlit, and thereafter brought in publick before the haill number; and to that effect were chosen Mrs Andrew Melvill, James Nicolsone, Robert Rollock, Robert Bruce, John Davidsone, John Craige, David Lyndsay, Patrick Galloway, James Melvill, Walter Balcanquall, Alexander Forbes, James Robertsone, David Fargysone: Qwhilk number are ordaynit to conveine immediately after their rysing in this house, and so many of the brethren of the Synodall of Striveling as are present, warnit to be readie as they shall be callit for.
Sessio 14a. 15 of May.
The qwhilk day compeirit Alexander Lord Home in Assembly, and with all humilitie cravit that he might be absoluit from the sentence of excommunicatione led against him, protesting before God he wald in tyme comeing giue proof of obedience and service to God, and maintain the truth of his religione presently profest be the Kirk here present to his lyfe’s end; and although he was sometymein ane different religione from them, now avowes, he being better instructed in the heid qwherin he sometymes differed from them, the present Confession of Fayth and religion professit presently be the Assembly; and if he shall hereafter declyne therefrae, submitts him in that case to the Assemblie of the Kirk, hopeing be God’s grace, never to make defectione therefrae.
The Assemblie, in respect this matter hes been past be word, hes thought meet that certaine conditions shall be sett downe in write, to be subscrivit be his Lordship; thereafter his sute of absolutione to be considerit.
Sessio 15a. Eodem die.
The Assembly ordaynes ane fast to be keepit within the Presbytrie of Edinburgh, and such other parts where the samen may be convenientlie had, upon Sunday the 26 of this instant, immediatly preceeding the Parliament, and his Majestie to be remembrit that an exhortatione may be had according to the custome qwhilk was keepit of before, the first day of the Parliament, and ane thanksgiving at the conclusion thereof be ane of the ministrie; and alse that his Majestie be put in minde of the said fast appoyntit the forsaid day, to the effect his Majestie and his house may keep the samen.
In lyke manner it is ordaynit, that a generall fast be universally observit throughout the haill realme, the two last Sondayes of Junii nixt to come, with exhortationes and prayers to be keepit betwixt the two Sondayes on the week dayes; the causes of the qwhilk fast shall be intimat and presentit the morne in wryte be Mrs Patrick Galloway, James Melvill, and James Nicolsone.
The samen day, the conditions underwritten being proponit to Alexander Lord Hoome be the Generall Assembly, to testifie his unfained repentance, after reading of the saids Articles severally: First, he ratifiet and approvit the subscriptione the 22 of December last, and that with ane solemne oath, holding up his hand, and agreit to the same articles, and every ane of them, in token of acceptatione thereof, protesting he does the same sincerely, subscrivit the same with his hand, humbly requyring, in respect of his obedience and repentance, that the Kirk wald relax him from the sentence of excommunicatione pronuncit against him.
The Assemblie, in respect of his repentance schawne, his aith and declaration giuen yesterday, and obedience in subscryving thesaids conditions, being satisfied therewith, and hopeing that he shall fully keep promise in tyme coming, Ordaynes him to be absolvit from the said excommunication, and the sentence of absolution to be pronuncit be the Moderator the morne at meeting.
Follows the Conditions.
1. The Assembly craves that the said Alexander Lord Hoome ratifie and approve the subscriptione and oath given be him to the Confession of Fayth, at Edinburgh the 22d of December last, or subscryve and swear againede novoin face of the haill Assemblie, as shall be thought expedient.
2. That he remove and hald forth of his companie, all Papists and traffiquers against the trew Religione, and qwhatsoever persones shall be delaitit to his Lordship to be suspect and corrupt in Religione; That he receave and intertaine in his house Mr Archibald Oswall as his ordinarie pastor, and, failzieing of him, some uther discreit and godly minister, be advyce of the Presbytrie of Dumbar, and that he make his family subject to the word and discipline.
3. That he resort to the publick hearing of the word, in all places where it shall happen him to repaire and haue his residence, and that he communicat.
4. That he make his haill tennents and servants subject to the discipline of the Kirk where they remaine.
5. That he repare all the ruinous kirks within the Priorie of Coldinghame, and provyde sufficient livings for the pastors, plantit and to be plantit thereat, according to the act of Parliament; and sicklyke of all kirks within his bounds, so far as law and reasone may bind thereto.
6. That he make thankfull payment to the ministers of Chirnside, Swyntoune, and Stitchall, of their stipends, conforme to their assignationes and decreets past thereupon, in caice he be oblished therto be law.
7. That he concurre, be his counsell, credite, and assistance, for maintenance of the trew Religione publickly professit and taught within this realme, with the maintainers thereof, against all and qwhatsomever wald come in the contrair, within the countrie or without.
8. That he neither receipt, maintaine, assist, intercommon, or have intelligence with the excommunicat Papists, Lords, Jesuites,Seminarie Priests, or traffiqueing Papists, nor solicit for them, nor shaw them favour, directly nor indirectly, in judgement or out of judgement.
9. That he niether reasone nor suffer any reasonyng to be against the trew Religione, or any poynt thereof, in places where he may stop the samen.
10. That he imploy himself cairfullie to apprehend and present to justice, Mr Alexander M‘Qwhirrie, and all and qwhatsumever Jesuites, Seminarie Priests, and trafficking Papists, that shall resorte within his bounds, and that he doe nothing qwhilk may be found be the minister appoyntit for the tryall of his behaviour, to be prejudiciall to the trew Religione presently professit be the Gerall Assembly heir presently conveint; and in caice he shall be found to contraveen any of the forsaids poynts, that, in that caice, he consent to be summarily excommunicat upon the notorietie of the fact. And in testimony of his acceptatione of the saids conditiones, that he subscryve thir presents with his hand.Sic subscribitur.
Alexander Lord Hoome.
Forsuameikle as Alexander Lord Hoome, be his subscription, is bound to observe and keep the conditiones proponit to him be the Generall Assemblie, and acceptit be him, and in caice he be found to contravein the samen, or any of them, in that caice to be summarly excommunicat upon the notorietie of the fact: The Generall Assemblie giues libertie to qwhatsumever Presbytrie that shall understand of his contraventione of the saids conditions, to call him, and to try him of the said contravention, and convict him thereof if he be found guiltie, and the conviction to be direct and sent to the Presbytrie of Edinburgh, to qwham the Kirk giues commission summarly to pronounce the sentence of excommunication against him.
Sessio 16. May 16.
According to the ordinance of the Assembly, the actione of absolutione of Alexander Lord Hoome being committit to Mr David Lindsay, exhortation being first made, the said Lord was inquyrit if he was sorie in his heart for the fault of offence he had committit, and that he had incurrit the said sentence, and fand ane earnest dolor in his heart for that he was separat from the Kirk here presentso long, thristing maist earnestlie to be joynit thereto as ane member of Christ’s bodie, and promising, as he shall answer to God, in tyme cuming to continow ane constant professor in the trouth of his religione, presentlie allowit be the Kirk of Scotland here conveint, to his lyve’s end, and to schaw the fruits of ane trew Christiane in his lyfe—removeing all sclanderous persones furth of his companie? Qwho answerit, in God’s presence it was his trew meaning, and intendit to schaw the same in evident effects in tyme cuming: Qwherefore, thanks being given to God, and prayer made, he was solemnly absolvit from the said sentence be the said Mr David, and receavit be him in name of the said breither, and imbraced as ane member reconciled to the Kirk.
Sessio 17. May 17.
Forsuameikle as Mr Andrew Hunter, minister, hes desertit his flock, and is fugitiue from the lawes, being bruitit and suspectit to haue joynit himself with the King’s rebells: The Assemblie present deposes him from the functione of the ministrie, ay and whill he haue satisfyit for his offence, his Majestie and the Kirk.
Anent the King’s Majestie’s Articles: In respect the first article twitches the tyme and place of their next Assemblie, the haill Assemblie, with advyce of his Heines’ Commissioners, hes appoyntit their next Generall Assemblie to be at Montrose, the last Tuesday of June come ane year, provyding alwayes, in caice it be found expedientpro re natabe the Presbytrie of Edinburgh to be sooner, upon their advertisement, the samen to be preveinit.
And as concernyng his Majestie’s first Article, answer is given that the tyme and place is appoyntit in presence of his Commissioners, according to the act of Parliament.
As to the second, the act made at Dundie,de novois ratified.
The answer concernyng John Rosse particular is continowed qwhill afternoone.
Concernyng Mr Andrew Hunter, the Kirk hes deposit him.
The fyft and saxt Articles agried unto.
Ordaynes every particular pastor, at his awne kirk, to intimat the sentence of absolutione pronuncit in favours of my Lord Hoome, from the proces of excommunicatione led against him.
Sessio 18a. Eodem die.
Anent the matter of offence conceavit be his Majestie againstJohn Rosse, minister, be occasione of ane sermone made be him in presence of the Provinciall Assembly of Perth: The said matter being first ordaynit to be weyit and treatit in private conferrence, and ane certain number of the grave, learnit, and godlie breither being appoyntit therto, and to give their judgment to the whole Assembly, the said breither reportit their advyce and proceedings in wryte, as follows:
First, They have found that the people departed not out of the Kirk before the end of the doctrine, as it hes been reportit to his Majestie, qwherthrow he might have uttered any kynd of offence, and that the said Assemblie had pronuncit no damnator sentence against him, but that they only admonisched upon such causes and considerations as after follows:
1. That he delyverit that doctrine at that tyme when his Majestie’s rebells and enemies were assembled on the fields, qwhairthrough it might appeare to the people that the Kirk allowit Bothwell’s treasonable attempts, and that the Assembly of purpose had placed him in that rowme to alienat the hearts of his people from his Majestie’s obedience.
2. In respect of certaine speeches delyverit be him without any sufficient warrand, so far as they could see and understand, and namely that sentence pronuncit against the House of Guisede futuro.
3. In respect of the hard delyverie of speeches spoken of his Majestie, and qwhilk might have been thought to have cravit greater years and farther experience; ffarther, the haill breither, bayth of the Conferrence and of the Provinciall of Perth, all in ane voyce acknawledges that there is just cause of ane sharper rebuke and threatning of heavier judgments furth of the grunds of that text, then hes been or might be utterit be him; and whatsoever he utterit, as he deponit before God and upon his conscience, he utterit of love, seeking alwayes his Majestie’s standing, on na preoccupied minde, prejudgit opinione, or troublit affection, but of ane saul, thristing and seeking alwayes his Majestie’s honour and weill in God; and therefore approves his haill doctrine in that poynt, as it hes beine read and declarit be himself, in such heids as semit to be most offensive; and as concernyng the admonitione of the provinciall of Perth, and the causes moving them thereunto, the brethren reverences and allowis the judgement in all things, upon consideration as is before exprest; only anent the sentence touchingthe House of Gwisede futuro, because the haill brethren heard it not, and he himself professes he remembers not he spake swa, naither had he such meining at any tyme, and confest his fault if such ane word hes fallen out—the Brethren thinks with himself in that poynt that if he hes spoken, so he hes faillit, having no just warrand: and being mynded to satisfie his Majestie allwayes so far as possible may be done with ane good conscience, after earnest incalling of the name of God for assistance of his Holy Spirit and long advysement, hes found it good that the admonition of the provinciall of Perth, as said is, be reverencit of the said haill Generall Assemblie, and that the Assemblie at this tyme giue farther to the said John Ross, ane grave and earnest admonitione to speak at all tymes reverently and with such wisdome of his Majestie, as he alwayes may have so clear ane warrant of his speeches as may fully satisfy his own conscience before God, and have the approbatione and allowance of all his godly brethren; and that this admonitione be extendit to all uthers young men of the ministrie and to the haill Assemblie. Qwhilk judgement of the said brethren being weell considerit be the haill Assemblie, after good deliberatione, votit to the approbatione of their said judgement, and allowit be the samen in all poynts. And thereafter the said John Rose being callit in, he, in presence of the haill Assemblie, protestit before God and in his conscience, that qwhatsoever he utterit in the doctrine delyverit be him, he utterit the same for love to his Majestie’s weill and standing, of no preoccupied minde, prejudgit opinione, or troublit affectione, but of ane saul seikand his Majestie’s honour and weill in the land, havand neither eye nor respect to his Majestie’s traitors being then in armes upon the fields; yet granting some words hardly delyverit (though trewly): and as concernyng the words spoken of the House of Gwisede futuro, as is alleadgit, before the Lord, remembers not he spake such words, neither had intention nor meaning to speak the samen, and if he spake the samen, it was ane fault ofelapsus linguæ.
The Moderator, at command of the said Assemblie, in the name and fear of God, admonished the said brother, and all uther young men of the ministrie and haill Assemblie, in all tyme comeing, to speak so reverently and discreetly of his Majestie in all tyme comming, that they may have so clear warrand of their speeches as may fully satisfy their own conscience before God, and have approbatione and allowance of all the godly, and his Majestie have no justcause of complaynt and mislyking in tyme coming: Qwhilk admonition the said John with all humilitie reverenced.