[FIFTY-SEVENTH GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk of Scotland, convenit at Dundee the twenty-fourth of Apryll 1593.

Exhortatione made be Mr Robert Bruce, Moderator of the last Assemblie. The brethren, according to their order, proceeding to the electione of ane Moderator, appoyntit in leitts Mrs David Lyndsay, James Balfour, James Nicolsone, Andrew Melvill, Patrick Simpsone, and, be pluralitie of vots, the said Mr David was chosen Moderator,hac vice.

Sess. 4. 25 Aprilis.

The Commissioners underwryten presentit thir Articles following to his Majestie and Counsell convenit, viz. The Lairds of Abbotshall, Wadderburne, and Merchestoune, John Arnot and William Little, sometyme Proveists of Edinburgh, and Clement Car; Mrs Robert Bruce, Patrick Galloway, James Nicolsone, and Walter Balcanquall.

Followes the Tenor of the saids Articles and humble Petitiones of the Generall Assemblie of the Kirk, cravit of his Majestie, Counsell, and Nobilitie, presently convenit.

First, Seeing the increase of Papistrie is daily within this realme. It is cravit of his Majestie, that all Papists within the samen be punisched according to the lawes of God and this realme.

Item, That the act of Parliament,ipso facto, may strick upon all manner of men, landit and unlandit, constitute in office or utherwayes, of what sort soever they be, alseweill as the samen is provydit to strick against beneficit persones.

Item, That a declarator may be given against Jesuites, Seminarie Priests, and trafficking Papists, declareing them culpable of treasone and lese Majestie, whereby the receipters of such persones may be punischit according to the act of Parliament; and that reformation may be had of the said act in that pairt where the samen is only expendit against such persones receipts them be the space of three dayes, and that the penaltie of the act may be inflicted againes any receipters without any condition of dayes.

Item, That all such persones as the Kirk shall finde and declare publickly to be Papists, although they be not excommunicat, be debarrit from brooking any office within the realme, as also from accesse to his Majestie’s companie, and from enjoying any benefite of the lawes; as also that the paine of horning, and other civill paynes, may follow upon the said declarator, such lyke as presently followes upon the sentence of excommunicatione, and that ane act of Councill presently be made and published thereupon, qwhill the nixt Parliament, qwhere the samen may be establisched in ane law.

Item, That his Majestie will consider the great prejudice done to the haill Kirk by erecting of the teynds of diverse prelacies in temporalitie, as of the Abbay of Paslay and sundry others, be the qwhilks the planting of Kirks is greatly prejudged; and that, therefore, ane substantiall order may be tane for remedie thereof.

Forsuameikle as the numbers of the Presbytries within this realme and their places wald be knowne, the names thereof being inquyrit, the full Assemblie and number of the samen were given up as follows, viz.

Ane Presbytrie in Zetland, 1, callit Tingwald: In Orknay, Kirkwall: In Kaithness, Thurso: In Sutherland, Dornoch: In Rosse, Taine and the Chanonrie: In Murray, 4; Innerness, Fortress, Elgine, and Ruthwen: In Aberdeene, 5; Bawmff, Deer, Innerowrie, Aberdeen, and Kincardine: In Mearns, 1, Cowy: In Angus, 4; Brechine, Arbrothe, Meagle, Dundee: In Dunkeld, 1, Dunkeld: In Perth, St Johnstoune, Dumblaine: In Fyfe, 4; St Androiss, Couper, Drumfermling, and Kyrkaldie: In Striviling, ane; Lynlithgow: In Lowthiane, 4; Edinburgh, Dalkeith, Haddingtowne, and Dumbarr: In Tweidisdaill, Peeblis: In the Merss, 2; Chirnsyde and Dunce: In Teviotdale, Jedburgh and Melross: In Nythsdale, ane; Drumfreis: In Galloway, 2; Kirkcudbright and Wigtoune: In the Shreffdome of Aire, 2; Aire and Irwing: In Ranfrow, Paislay: In Lennox schyre, Dumbartone: In Clydsdale, 3; Glasgow, Hamiltone, and Lanrick.

Forsuamikle as the visitation of the Presbytries throughout the realme is thought ane thing very necessare, and from diverse Assemblies commissione hes been given to that effect; notthelesse ane necessitie yet remaining qwhilk craveing the continowing of the said commissione, The Kirk, therefore, and the Commissioners present, hes given commissione to certaine brethren to visite and try the doctrine, lyfe, and conversation, diligence and fidelitie, of thepastores within the saids Presbytries, and sicklyke to try if there be any of the beneficed number within the samen, not making residence, having no reasonable cause, to purge the samen; if there be any that hes dilapidated their benefices, sett tacks and wthers dispositiones thereof by the consent of the Generall Kirk of God, and unable and unqualified to teache and edifie; and with advyce of the Presbytrie within the qwhilk the saids persones are, to proceed against them according to the qualitie of the offence, or depositiones of their offices according to the acts of the Kirk: And that for schortning of the Commissioners’ travells, ane diligent tryall amang themselves be taken for the Commissioners’ coming, Qwherein they may understand and note the abuse qwhilk wald be correctit; commanding also the Presbytries within the qwhilks the saids Commissioners remaynes to provyde for the saids Commissioners’ flockes in their absence in the said visitatione.

Sessio 5a. 26 Aprilis.

The Kirk and Commissioners present ordaynes the parochiners of St Androis to landwart, to bige ane edifice to themselves, ane paroche kirk, in such ane place as the saids parochiners and Presbytries agries upon, nearest the mids of the paroche, betwixt and Lambas come ane year, according to their sute made to Parliament, and sicklyke made to the Assemblie; certifying them if they failzie, they shall be debarrit from all benefice of the Kirk of St Androis.

Sessio 6. Eodem die.

The names of the Kirks vaikand in Angus and Mairnes:

Inchesture, Abernyte, Innergowrie, Logie, Lundie, Strukinniture, Inneraritie, Beadoquhy, Ruthven, Glenila, Glames, Essie, Clodag, Kyntrahane, Achie, Methri, Tannadaice, Aldbar, Inch-Braikie, Newdiske.

Kirks within the Synodall of Glasgow unprovydit:

Kilmarnock, Paislay, Kyllarnie, Balfrone, Strablade, Cardrosse, Inchealzell, Baldernock.

The Kirks provydit with men, but wanting stipends be vertue of the erectione of the teynds of the Abbacie of Paislay in temporalities:

Hammiltone, Glasford, Admoiss, Blantyre, Schotts, Dalserff, Lanrick, Dolphingtoune, Carringtowne.

The names of the Kirks unplantit within the bounds of Merss:

Lammertoune, Fischerwicke, Swintowne, Howden, Fogo, Grundlay, Stitchill, Nenthorne, Hoome, Bassanden, Ednem, Cranschaws, Ellen.

Kirks vaikand within the Presbytries of Dumblaine:

Aberfoill, Kilmahugo, Callendar, Leny, Port, Kilbryde, Balqwhidder, Carnbie, Tullieschidlie, Sowane, Moniwaird, Strageithie, Kynkell, Aberwheem.

Kirks unplantit within the Presbytrie of Dunkeld:

Strathphiline, Killine, Andrum, Inchadden, Weymes, Pitcharren alias Graintully, Kirkbreinmure, Kylconquhade, Muckiggan, Cannoch, Strowan, Blair in Athole, Ludeskill, Manenach, Muling, Finlargie, Munnach, Dowallie.—In the laich land:—Ladybryde, Ochtergovine, Kynlewine, Capechie, Lachundie, Blair in Gowrie, Glenshie.

Kirks vaikand in Kathness, Thurso:

Within Orknay, the South Hamptoune Kirk; North Rannaldsay: In Zetland—Archedenorie, Fara, Birsa, Nesting, Levingsting, Kingfuing.

Sessio 7. 27 Aprilis.

In presence of the haill Assembly, compeired Sir James Melvill of Halhill, ane of the Commissioners direct be his Majestie to compeir in his Heines’ name as Commissioner, and presentit his Majestie’s missive direct to that effect, with certaine articles, and ane act of Parliament for instructing thereof, qwhilk the Assemblie thocht meet privatly to be considerit be certaine brethren, qwha were appointit to conferre with his Majestie’s Commissioners, and to that effect were dispatchit out of the Assemblie to advyse and giue their opinione at their returne, to witt, Mrs Robert Bruce, Robert Pont, Andrew Melville, James Nicolsone, Peter Blackburne, James Melvill, the Laird of Cambo, Commissioners of Edinburgh: Qwho returning, read the Articles and their Answers, qwhilks the Kirk approvit; Ordayning the saids Articles, Answers thereunto, and actof Parliament, to be insert in the Register of the Kirk, qwherof the tenorfollowis:—

The Articles proponit in his Majestie’s name to the Generall Assemble, presently convenit at Dundie.

His Majestie declares, that in respect he cannot of honour sie the priviledge of his Crowne hurt, Therefore he will have regard to sie the last act of Parliament keepit concernyng the conveining of the Generall Assemblie be his Majestie’s appoyntment; willing them heirfore, before their skailling, to direct two or three of their number unto him, to desyre him to appoynt the day and place of their next conveining.

Secondlie, His Majestie desyres them to make ane Act of their Assemblie, prohibiting all and euery ane of the ministrie, under the paine of deprivatione, to declame againes his Majestie or Counsellors’ proceedings in pulpit, not only in respect of his Majestie’s knawne good intention, for the furthsetting of pietie and justice, but lykewayes because his Majestie at all tymes giues readie accesse and loving care to sundrie of the ministers, to informe, delait, or complaine, either in their awn name or in the name of any of the brethrene.

Thirdly, His Majestie desyres them to appoynt and put on leitt, fyve or six of the most discriet of the ministers, that his Majestie may make choice of twa of them to serve in his house, in respect of Mr Craig his decripit age.

Fourthly, Seeing the standing of the religione and the welfare of his Majestie’s persone are so inseparablie joynit, as qwhatsumever are enemies to the ane are commone enemies to both; so his Majestie desyres, that through all the Presbytries of this countrie, there shall be some appoyntit to advertise and informe his Majestie heirafter, with diligence, for the mair speedie remedie, not only of qwhatsumever practises they can learne many wayes, of Papists and Spanish factiones, but also of the receipters and practises of Bothwell, qwhereof they can haue any knawledge; Qwhais haill courses, as they are directly against his Majestie’s persone, so whollie they tend to the subversione of the whole religione: with direction also to them to informe also the haill Barrones and honest men maist tenderous of his Majestie’s wellfare to gine ever such faithfull intelligence of the saids practises as they can learne from tyme to tyme.

Fifthly, His Majestie desyres, that through all the countrie, qwhere there is any ports for landing-places, that there be some of the brethren speciallie appoyntit to deall so with the burgesses that they may take good and sufficient tryall according to his Majestie’s law made thereanent, of all those qwho shall hereafter come in, or pass furth of this countrey qwharfra they came, and qwharto they are bound; qwhat is their traffique or intention to doe: And so, after good and sufficient tryell, if there be anything of weight and importance, that they on no wayes faill to make his Majestie acquaint therwithall; to the effect his Majestie may the more easilie discover qwuhatsumever forraigne or civill practises, is or shall be in heid against the present estate of religione: And this he cravit to be done so faithfullie, as he hes good opinione of your earnest affectione, no lesse in the preservation of his Majestie’s awne persone as in the defence of the common cause; as also he promises to assist and aide yow in all and qwhatsumever your good resolutiones, that may tend to the furderance of peace and quyetness; with the advancement and maintainance of the religion presently professit in this realme.

Humble Answers of the Generall Assemblie to the Articles proponit be his Majestie’s Commissioners to the same, at Dundie, the 27th of Aprylle.

First, The Article concernyng the conveining of the said Generall Assemblie is agreit unto, according to the tenor of the act of Parliament presentit with the saids Articles.

As touching the 2d Article, It is ordaynit be the haill Kirk, that no minister within this realme utter from pulpitt any rashe or unreverent speeches againes his Majestie or Councill, or their proceedings; but that all their public admonitiones proceed upon just and necessar causes and sufficient warrant, in all fear, love and reverence, under the paine of deposeing such as does in the contrare, from their functione and office in the ministrie.

As to the 3d Article, The Kirk agries therto, and speciallie anent the provisione of ministers ane or mae to his Majestie; that certaine be nominat be the Commissioners direct to his Grace with his advyce, of qwham his Majestie may make choyse: and the brethren to be lykit of his Majestie, to be placit and admittit be the Presbytrie where his Grace shall be resident for the tyme.

As concernyng the 4th and 5th Articles, the samen are condescenditto and order taken, as his Majestie shall be particularly informit be the said Commissioners.

Follows the tenor of the act of Parliament.

[The Act 5th June 1592, 12 James VI. is referred to—VideAppendix II.p. 373.]

Ordaynes supplicatione to be made in Parliament, that in all kirks, alsweill Abbay and Cathedrall Kirks, or uthers qwhatsumever, qwhere either the haill parochine is kirkland, or ane pairt thereof only, and there hes neither been manses nor gleibs knawne to appertayne therto of old,—that the Estates of Parliament make the act concernyng the designatione of manses and gleibs to be extendit to all the forsaids kirks, and that there be four aikers of kirkland designit and grantit to the minister most commodious and nearest the kirk, qwhether there hes bein a gleib there, or ane part only, not extending to four acres of land.

Sessio 8a. Eodem die.

Anent Colledges and rents thereof: The Assembly hes ordayned that no dispositione of the rents and living thereof be tack or uther title be made without the advyce and consent of the Generall Assemblie, under the paine of depositione of the persones doeing in the contrare.

Anent the residence of ministers, for furderance of the residence of such persones as partaike of manses are non-resident: It is resolvit and agreit that euery parochine where the pastors’ manses is aither ruinous or altogether laiks, be ordaynit to repare and build the same manses upon their awne expenses, with stane, timber, and all uther materialls, with workmanship, carriage, and uthers things needfull for the repairing and bigging thereof, Qwhilk if they faillie and refuse to doe, being dewly requyrit, they shall not only, so many as refuis, be halden be the Kirk, the haill cause of their pastor’s not residence, but also it shall be lawfull to the aires, executors, and assignayes of the minister or reader departing, or himselfe dureing his lyfetyme, to reteine the possessione of the manse builded be him, in caice he build and repaire the same upon his awne expenses after the refusall of the parochiners, ay and qwhill the nixt intrant minister or reider refund to him, his aires, executors, or assigneys, the haill expences made be him for repairing and building; at leist saemeikle thereof as the parochine cannot be movit to refound;and that the presbytrie at the intrant’s admissione take order for performance heirof: provyding that the expences to be made be the said pastor or reader exceed not four hundreth marks, and that the presbytrie, after his repairing or bigging of the said manss, take the exact compt and tryall of his expenses, and give him their allowance tharupon, to be registrate in their books; And this act alsweell to extend to them that is alyve and hes alreadie bigged, as to them that are to bigg or repaire hereafter. And lykewise the second and third minister or reader, and consequently the successors to the ministers where the manss is biggit, shall haue the lyke title to crave of the intrant after him the said expenses, qwhilk he hes depursit to his predicessors, ay and qwhill the parochiners redeem and acquit the said manss or bigging thereof, to be made free thereafter to the intrant minister or reader.

Sessio 9. Aprilis 28.

Because the haill Assembly could not meet before the Parliament to be haldin in June next, It is ordaynit that a brother or twa [of every Presbytrie[42]] shall meet to consult, treat, resolve, and conclude upon such heads, poynts, articles, petitions, and supplicationes, as they shall think meet to be cravit and concludit be consent of Parliament, for the glory of God, and comfort of the generall Kirk; qwhilks breither shall haue the power of the said Generall Assembly, and proceed as the samen might doe if the haill number were present.

The qwhilk day, after the reasons were heard and discussit, contenit in the appellatione presentit to the Generall Assemblie be Mr Andrew Young, minister of Dumblane, the Generall Assembly ordaynes the Presbytrie of Dumblane to be transportit to Auchterardour, with libertie to the brethren of Dumblane appealing, aither to resort to Auchterardour or Striviling, as they please.

Forsuameikle as in Synodall Assemblies, the books of particular presbytries are tryit and visitit, and heretofore, the books of the Synodall Assemblies hes not bein tryit in the Generall, qwhilk appears to the haill brethrene to be necessar: Therefore it is concludit in tyme coming, to every Generall Assembly, the books of the Synodall Assemblies shall be direct be the Synodalls, to be sichtit andconsiderit in the Generall Assembly, for understanding the better of their proceedings, under the panes of the censure of the Kirk.

Anent the contraversies betwixt the brethren of the ministrie: ffor uptacking thereof, it is resolvit and concludit be the haill brethren and Commissioners present, that qwhene any plea or contraversy aryses betwixt the breither of the ministrie, though it be in ciuil matters, if they be of ane presbytrie, that they elect brethrene of the said presbytrie, to qwhat number they think best, qwho shall choose ane oversman, and summarly decyde and give sentence in the matter, qwhilk shall be irrevocable; and no appelatione to be interponed therefrae: And if they be of diuerse presbytries, they lykewise make election of brethren of aither of the presbytries, in equall number as the saids contendars shall agree, qwhilk brethren so electit shall choose ane oversman, and decyde and give sentence as said is; from the qwhilk no appellatione shall be interponit. And if any brother will be willful and refuse this forme and submissione, he shall be halden be the Kirk contumax. Att Edinburgh, 24th of March 1595.[43]The pane is deprivatione, and that this act be put in executione presently for decision of the contraversie betwixt James Andersone and Mr Henry Guthrie.

Anent the Ministrie of St Androis: The Generall Assembly Ordayns and appoynts Mr David Black, minister of St Androis, to discharge the dewtie of ane lawfull ordinar pastor therein, in preaching the word, ministratione of the sacraments, and exercising of discipline, so far as he is able to doe, according to the measure of his gifts that God hes bestowit on him; and to the intent that the said Mr David may, with fruit and comfort, trauell in the said ministrie, the said Assembly ordaynes the said Mr David to give in into the presbytrie thair, such things as he wald haue furtherit and brocht to passe for the wiell of the said congregatione and ministrie thereof, to the performance qwhereof, the said presbytrie shall indevoure themselves to the wttermost, having before their eyes the honour of God, the weell of the people and towne, and ease and peace of their awne conscience; unto the qwhilk presbytrie, this present Assemblie grants and committs full power and authoritie for that effect. And because the said Mr David is not able to enter in that charge alone, the said Assembly hes nominat Mr Robert Wallace, for the speciall meet qualities they know to be in him, to be associat with the said Mr David, as ane fellow-labourer in the ministrie foresaid;giving full commission to the presbytrie to try the consent of the haill towne and universitie of St Androis, concerning their lyking of the said Mr Robert to be associat in the ministrie as said is; and finding no reasonable cause alleadgit and verified against the said Mr Robert, in lyfe or doctrine, qwhairfore they should not giue their consent and approbatione to the said Mr Robert, for the cause mentionat, but the maist part of the towne and universitie, consenting to his ressait, the Generall Assemblie ordaynes the said presbyterie to associat and place the said Mr Robert, fellow-labourer with the said Mr David Black, and the said towne of St Androis to pay the said fellow-labourer his stipend thankfullie, according to the promise made in Synodall and General Assemblies. And in caice the maist part of the said towne and universitie consent not to the receiving of the said Mr Robert, the Kirk gives libertie to the said Mr David, with advyse of the said towne, to choyce ane brother, of qwhom they may both haue lyking: and to the intent, this order taken with the said ministrie of St Androis as is above sett downe, may be better performit and settlit, the said Assemblie giues commission to Mrs Robert Bruce and David Lyndsay, conjunctlie and severallie, as their adoes and occasiones may permitt, to visit the said Kirk of St Androis in their returning from the Assemblie, and travell with the haill number of the said kirk, for putting of their ministrie to ane peaceable stay and ordour: as also, to sie that qwhilk is decernit in this Assembly concernyng the landwart to be forderit and brought to passe, and for quyeting the state of the towne.

Mr William Coke, younger, for the provest, baillies, and councill of the towne, disassentit from the nominatione of Mr Robert Wallace.

The Generall Assemblie, by the authoritie given to them of God, discharges all and every Christiane within the Kirk of Scotland from repairing to any of the King of Spaine his dominions qwhere the tyrannie of inquisitione is used for traffiquers with merchandice, negotiatione or exercing of sea-fareing occupatione, untill the tyme the King’s Majestie, be the advyce of the Counsell, haue saucht and obtained speciall libertie and licence of the King of Spaine for all his leiges and subjects, to traffick in merchandice, and occupie within the haill pairts of the King of Spaine his dominions, without any danger to their persone or goods, for the cause of their religion and conscience, under the paine of incurring the censure of the Kirk, until the last sentence of excommunicatione.

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