[SIXTY-FIFTH GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk of Scotland, holden at Bruntiland, the 12th of May[45]1601 year, In the qwhilk the King’s Majestie with his Commissioners of the Nobilitie and Burrows were present.

Sess. 1ma. May 12.

Exhortatione being made be Mr Robert Wilkie, Moderator of the last Assemblie, the brethren proceeded to the election of ane new Moderator, and Mrs Patrick Galloway, Patrick Scharp, Patrick Simsone, John Hall, and James Rowsone, being put in leets; be plurality of votes Mr John Hall was chosen Moderatorhac vice.

Sess. 2. Maii 14.

The qwhilk day the brethren having interet in consideratione of the generall defectione from the puritie, practise, and zeall of trew religione in all estates of the countrie, and how the samen must, of necessitie, at the last, be concludit either in Papistrie or atheisme within schort space in the righteous judgement of God, except some substantious remedie be provydit thereto in tyme, and because the evill cannot be well curit unless the originall springs and speciall causes thereof be rypet up, Therefore the brethren, after mature deliberatione and weighing of the causes of the said defection, hes found the principall causes thereof to be asfollows:—

Causes of the Defection from the Puritie, Zeall, and Practise of trew Religion in all Estates of the Countrie, and how the same may be most effectuallie remeadit, &c.

The principall causes of this fearfull change, no doubt, is the just wrath of God kindled against the haill land for the unreverent estimatione of the Gospell, and for the sinnes of all estates, and dishonouring of thair professione, and makeing the name of God to be blasphemit be the profane world without remorse—laicke of care and diligence upon the part of the ministry in the discovery of them that maks apostacie to papistrie, and negligence in executione of the lawes and discipline against such as happens to be discoverit.

Want of pastors and unplantit kirks, and displanting of kirks, qwhilk hes been provydit be the diminutione of the thirds.

Neglecting of places that are of chiefest importance to the interest of Religion in not planting sufficient pastores thereat, such as are hir Majestie’s hous, the Prince’s hous, the Earles of Huntlie, Erroll, and Angus’ houses and places of their chiefest residence, the Lord Hoome’s house, the Lord Heress’ house, and chief places of their residence, the Town of Dumfreis, and uthers of the nobilitie and greatest power within the countrey.

The overhastie admissione of men to the ministrie before they be knawne to be of sufficient gifts and experience to discharge fruitfully that hich calling in thir difficult tymes.

The negligence of the ministry in the advanceing of their knawledge be ever continuall and constant reading of the Scriptures andcontraversies of the tyme, qwherthrow they might be able to bring the consciences of their auditors in subjectione to the obedience of the Gospell, and convince of the adversarie.

Negligence in the lyves of the ministry—not framing their conversatione in gravitie as paterns of lyfe to the people, but framing them excessively to the humours of men, especially in communications at tables, and giving sumtyme examples of intemperance in the light and prodigall abulziements of their families.

The distraction of minds qwhilk is supposed to be in the ministry—the distraction qwhilk is supposed to be of his Majestie’s mynde from some of the ministry.

The advancing of men suspect in religione, and knawne to be evill affectit to the good cause, unto offices, honour, and credite in court, counsell, and sessione, and wther rowmes of great importance within the countrey.

The desolatione of the Kirk of Edinburgh, through the want of pastors.

The continuall residence and intertainment of the Ladie Huntly, ane knawne and profest Papist, of Margaret Wood, sister to the Laird of Bonytowne, and wthers knawne and profest Papists, in his Majestie’s court and company.

The educatione of their Majesties’ children in the company of profest and obstinate Papists, sic as the Ladie Livingstone.

The negligent education of the children of noblemen, and sending of them out of the country under the charge of pedagogues suspect in religione, or, at the leist, not weill grundit and confirmit therein, to be broucht up and instructed in places qwher Papistrie is profest.

The impunitie of skippers, mariners, and owners of ships, that under the name of passengers, transports from uther places, and brings Papists, with their coffers, Seminarie Priests, Jesuites, and uthers trafficquers within the countrey, and the impunitie of such as carreyes and sparpells their books through the countrie.

The decaye of schooles and educatione of the youth in the knawledge of good letters and godliness, especially to landwart, for lake of sufficient provision to intertaine a qualified schoolmaster in places needfull.

That men suspect in religione, and challengit therefor before their Presbytrie and pastors, hes access to court dureing the tyme of their proces.

That the late reconcilit Papists are not urgit to performe the conditiones agreed to be them at their reconciliation to the Kirk.

Remedies of the former Evills.

The Generall Assemblie, having enterit in the consideratione of the causes of the said great and fearfull defectione of all estates of persones of this land from the trew and sincere professione of the gospell, presently sounding within the same; and having found the principall causes of this fearfull change to be, no doubt, the just wrath of God kindlit against the haill land, for the unreverend estimatione of the gospell, and for the sinnes of all estates, and dishonouring of their professione, and making the name of God to be blasphemit be the profane world without remorse: qwhilks horrible judgments hes fallen in every estate, for the contemptuous hearing of the word of God, in so far as there is nane that hes worthilie esteemit the said precious word according to the dignitie thereof; therefore, and for removing of the former evills and caus of farther judgements, if they be not preventit be speedie repentance, the Assemblie hes concludit and ordainit ane generall humiliatione to be keepit solemnly throughout the haill land, with fasting and prayer, two severall Sabbath days in all congregationes, both in burgh and land, within this realme; and lykewise in burrow townes, the haill week betwixt the said two Sondays, and the cause of the said humiliatione to be only the sinnes of the land, be the qwhilks the profession of the gospell hes been dishonourit, and the wrath of God provockit; qwhilk generall humiliatione is ordaynit to be upon the last two Sabbaths of June nixt to come.

The unplantit kirks wald be effectuallie recommendit to his Majestie’s care, qwhais authoritie only is able to accomplishe that wark; and for the better furtherance thereof, that his Majestie wald cause take heed that the thirds be keepit unvitiat. Nothing more necessar nor to have his Majestie’s houss, the Prince’s houss, the Earles’ housses, and places of their residence, and wthers places of chiefest importance, as the town of Dumfries, to be well plantit with learnit, godly, and wyse persones; and qwhere the laike of provisione might be ane hinder to the present planting, as at the Earles’ houses, it were requisite for a tyme that the meetest for that purpose, not being in places where the cause may be so far interest be the want of a resident pastor, sould be transportit fra their awn places, to remaine for ane quarter or halfe ane year, that ane substantiousmeine may be found out for ane constant provisione and planting of these rowmes, be qwhais labors, in the meantyme, the Earles and their families might be confirmit in the truth, and the enemies debarrit from their companies, and thereafter to return to their awne charges; the Presbytries, in the meaneqwhile, taking order for helping of their kirks in tyme of their absence; and to that effect, ordaynes Mr George Gladstanes to be direct to awayte upon the Earle of Huntlie; Messrs Alexr. Lindsay and William Cowper upon the Earle of Erroll; Messrs James Law and John Spotswood upon the Earle of Angus; Mr John Carmichaell upon the Lord Hoome; Messrs David Lyndsay and John Hall upon the Lord Heres.

That ane petition be given in to his Majestie and Secret Councill, desyring that these qwham his Majestie knawes, or shall knaw hereafter, to deale in favours of profest traffiqueing Papists farther nor the lawes of the countrey shall permitt, shall be comptit and holden as men suspect in religione, and shall not have the honour to be in his Majestie’s house, counsell, or sessione.

That it be cravit lykewise of his Majestie and Secret Councill, that all Papists, men and women, challengit be the kirk for their religione, and not satisfyand the kirk for the same, be dischargit from resort to court, qwhill they have satisfyit and bring from the Presbytrie of their bounds ane sufficient testimoniall of their obedience.

Item, For disobedience of the adversaries of trew religione lurking within this countrie, it is ordaynit that every Presbytrie, immediately after the dissolving of this present Assembly, take up the names of the new communicants within their bounds, and send them to his Majestie’s ministers with all expeditione, subscrivit be the moderator and clark of the Presbytrie, and minister of the paroche, and that from this tyme furth, at every Provinciall Assemblie, the names of the non-communicants be tane up, and sent up to his Majestie’s ministers.

Item, That it be inquyrit anent the late reconcilit Lords to the kirk, be the Presbytries qwher they make residence, qwhether they have keepit and performit the articles subscrivit be them at the receaving, and that they be urgit severally to perform every ane of the saids articles, and if they refuse, that the Presbytries certifie the King’s Majestie’s ministers thereof.

Item, For escheweing of farther evill qwhilk might come to the estate of religione be the evill educatione of the youth furth of the country, it wald be cravit of his Majestie and Secret Councill,qwhen such noblemen and wthers as directs ane pedagogue with their sonnes furth of the country, that their 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 out of the country be in places qwher religione is presently professit, or, at the least, qwher 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 furth of the country, that they send them to such pairts qwher there is no restraint of religione; and in caice their sonnes, after their depairting out of the countrey, haunt these parts qwher 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 countrey imbrace any religione except that qwhilk is presently profest within this realm, that they shall not be able to brooke moyen, heritage, honours, nor offices, within this realme; and this to be ane exception against the service of their brieves, and at the tyme of admissione of them to any office or honours, and in caice any of their parents contraveine any of the premisses, that they incurre such paine as his Majestie and Secret Councill shall modifie, and that such as are already out of the country, either be callit back againe before ane day to be appoyntit be his Majestie and Secret Councill, or else that their parents be subject to the lyke conditiones as is before sett downe.

Item, It wald be cravit of his Majestie and Secret Councill, that all skippers, mariners, and owners of ships, be inhibite that they bring in any Jesuites, Seminary Priests, declarit fugitive traytors and rebells within the countrie, but such as they knaw to be of good religione, or hes sufficient testimoniall of their honesty in religion, from the places qwher they have been conversant, under the paine of escheating their haill goods, and under the same payns, that they deliver them in the hands of the magistrate of the toune or port qwher they shall happen to arryve at, there to be keepit, ay and qwhill they be examinat, and his Majestie’s warrant obtainit for their liberty after they have been tryit and fand honest in religione, and shall keep them, their goods, books, and geir in schipboard, ay and qwhill they receive ane warrand, or the ordinarie magistrate for relieving of the same; and to that effect, they sett nane uponland but in common parts, qwher there is ane magistrate to receave the passengers from their hands.

Item, That his Majestie be dealt earnestly with anent the removeing of his dochter out of the Lady Livingstone’s company, in respect of her obstinate continuing in the professione of Papistry, for the qwhilk cause, his Majestie being requestit be the haill Assemblie, promised that his Heines’ daughter sould be transportit betwixt and Martimes next to come to his awne house.

And because of the nane planting of kirks is ane great part of the wyte of defection from the puritie of religione, and that the best way for the planting of the saids kirks is the furtherance of the constant platt for locall stipends to be appoyntit to every kirk within this realme, therefore the Assemblie hes ordaynit the brethren following, viz., Messrs David Lyndsay, James Nicolsone, Robert Pont, Patrick Galloway, George Gladstones, John Nicolsone, or any three of them, to conveen upon the first day of Junii with my Lords Chancellour, President, Secretar, Collector, Comptroller, Sir Patrick Morray, Mr George Young, to intreat and advyse upon such overtures as be their common consent shall be found most meet and expedient for advancing of the warke of the constant platt, and to lay doune such grunds as they shall finde most profitable for prosecuting of the same, and to reporte their diligence to the nixt Assemblie.

Sessio 3. May 14.

The King’s Majestie having declareit his intention and desyre to have a minister for his Heines’ house, in respect of the deceas of Mr John Craige, and John Duncanson’s old age, and ane wther of the Queen’s Majestie’s house, and ane to the Prince house, the Assemblie nominat for his Majestie’s and the Queen’s house Messrs Henry Blyth, John Fairfull, Peter Hewat, and Androw Lamb; for the Prince house, James Nicolsone, James Law, and John Spotswood.

The Assembly ratifies the acts made in the Assemblies of before, anent the dischargeing of applicationes particular to be made in exercises, and of forbidding of young men not admittit to the ministry to preache in the chief places of the country, and ordaynes the same to be put in executione, under the paine of incurring the censures of the kirk.

Sess. 4. May 15.

The Assemblie adjoyns the Presbytrie of Kirkcudbright to the ministry of Nithsdale, ay and qwhill there be such a number of kirks plantit within the saids bounds as may constitute ane lawfull presbytrie among themselves.

The Assemblie ordaynes the Commissioners to recommend unto his Majestie the provisione of competent livings to the saids kirks, and nominats Messrs John M‘Birney, George Greive, and William Arthure, to be plantit thereat.

Anent the questione referrit be the Presbytrie of Couper to this present Assemblie, concernyng the cause persewit be the said Presbytrie against Elizabeth Pitcairne, for satisfaction for the adultery committit be hir and proven against hir, conforme to the decreit of the foresaid Presbytrie; qwha being urgit to satisfy the Kirk therefore, producit ane decreit of adherence obtained against hir husband before the Commissaries of Edinburgh, ordaining her husband to adhere to her, and be consequence exonering her of adulterie: The Assemblie ordaynes the Presbytrie to put their awne decreit to dew executione, notwithstanding the decreit of adherence.

Anent the citatione wsit be the Presbytrie of Couper against the auld Laird of Kynneir, to have answerit for the abuseing of Mr Robert Inschaw, minister at Kylmanie, in the solemnizating of the marriage of his daughter, and in antedateing of ane testimoniall sent to Mr Henrie Balfour, minister at Cullessie: The Assemblie, in respect of the Laird of Kynneir’s absence, referrit the tryall of the said matter to the Presbytrie of Couper.

Sess. ultima. Maii 16, 1601.

It being meinit be sundrie of the brethren that there was sundrie errors that meritit to be correctit in the vulgar translation of the Bible, of the Psalmes in meter, as also that there was sundrie prayers in the Psalme Book qwhilk wald be alterit, in respect they are not convenient for the meantyme; in the qwhilk heids the Assemblie hes concludit as follows: First, anent the translatione of the Bible, that every ane of the brethrene wha hes best knawledge in the languages imploy their travells in syndrie pairts of the vulgar translatione of the Bible that needs to be mendit, and to conferr the same together at the nixt Assemblie.

It is not thought good that the prayers already conteinit in thePsalme Book be alterit, but if any brother wald have any uther prayers eikit qwhilks are meet for the tyme, ordaynes the same first to be tryit and allowit be the Assemblie.

The Generall Assemblie, for causes and considerationes moving them, hes ordaynt Mrs James Balfour, Walter Balcanquall, and William Watsone, to be transportit out of their awne places of the ministrie in Edinburgh, and plantit in such places as the Commissioners deput be this present Assemblie thinks expedient; and lykewayes ordayns the saids Commissioners to plant such uthers of the ministry in their places in the Kirk of Edinburgh as shall be found expedient to God’s glory within the same.

The Commissioners for the Towne of Edinburgh, viz. John Johnstone and George Heriot, protestit in the name of the said Towne, that seeing the Generall Assemblie had ordaynit their ministers abovenamit to be transportit furth of Edinburgh, the said Towne sould be free of their burden fra this tyme of their present transportatione, and that the said transportatione should not be prejudiciall to them in any tyme thereafter, but that they might be reponit in their awne places when it sould please his Majestie and the Kirk to lyke well thereof; qwhilk protestatione his Majestie and the Assemblie willingly agreet unto, qwherupon the said Commissioners askit instruments.

The Assemblie hes ordainit, that in every Assemblie to be conveint in all tyme coming, such as shall happen to be appoyntit Commissioners for the Generall Assemblie to indure qwhill the Generall Assemblie next thereafter, shall give ane accompt of their proceedings dureing the haill tyme of their commission in the beginning of the Assemblie before any wther cause or matter be handlit, and their proceedings to be allowit and disallowit as the Assemblie shall think expedient.

The Generall Assemblie having ryply weyit the necessity of appoynting Commissioners for this Generall Assemblie, not only to advyse and awayte upon such affaires as shall be for the weill and wtilitie of the Kirk of God, but also in giving advyce to his Majestie anent the holding furth the enemies of the same qwhen they shall be requyrit be his Heines thereto; Therefore, the brethren conveint in this Assemblie hes given and grantit, lykeas, be the tenor heirof, gives and grants thair power and commission to thir brethren,—Mrs Alexr. Dowglass, John Strachane, Peter Blackburne, George Monro, James Nicolsone, Androw Leitch, Alexander Forbes,Patrick Symsone, Wm. Cowper, Alexander Lyndsay, George Gladstanes, Wm. Scott, John Caldcleuch, Robert Wilkie, David Lyndsay, Robert Pont, John Spottiswood, John Hall, James Low, John Knox, John Abernethie, John Hay, Gavine Hamiltone, Alexander Scrymgeour, David Barclay, with the King’s Majestie’s Ministers, or any nyne of them; givand, grantand, and committand unto them their full power, to plant such kirks in Burrow Tounes as are destitute of pastors in generall, and specially to plant the Kirk of Edinburgh, vaikand be transportatione of the ministers thereof; with full power also to plant Mrs James Balfour, Walter Balcanquall, and William Watsone, ministers transportit out of Edinburgh, with his Majestie’s advyce, in such convenient places as they sould finde expedient for the glory of God; with power also to transport any of the ministry within the realme from their awne places qwher they presently serve, and to plant them in the saids vaikand places of the Kirk of Edinburgh, in the planting qwherof they shall take the advyce of the Presbytry of Edinburgh, according to the acts and statutes of the Generall Assemblie made of before. Attour, if it shall happen the King’s Majestie to be grievit at any of the ministry for qwhatsomever enormitie committit be any of them against his Majestie, with power to them, or any nyne of them, as said is, to try and cognosce thereupon, and take such order thereanent as they shall think maist meit to the glory of God and weill of the Kirk; and, finallie, with power to them to present the grieves and petitiones of this present Assemblie to his Majestie and Secret Councill and generall Conventione of the Estates and Parliaments, if any shall happen to be, and to crave redresse of the samen—promitten de rata.

The Assemblie ordaynes Mrs James Nicolsone, James Robertsone, Alexr. Lyndsay, and William Cowper, to take tryall anent the union of the paroche of Forgandyne to the kirk of Arnegose, and if they finde the same to have been done of old, and to be commodious for the people, to ratifie the same.

Forsuameikle as in the Assemblies halden of before, it hes been very wisely considerit that there hes been nothing more profitable for advancing of the glory of God by the preaching of the gospell, then appoynting of Commissioners for every schyre within this realme, qwhois care and diligence should be pairtly to try the lyfe, doctrine, and manner of conversatione of the ministry within the bounds committit to their visitatione, and pairtly to plant the kirksqwhilks as yet ly destitute of the comfort of the word, be dealing with such as hes the Kirk livings in their hands for ane reasonable moyen to sustain a minister at every kirk within this realme; qwhilk loueable custome this present Assemble being mindfull to prosecute, therefore hes given and grantit, lykeas, be these presents, gives and grants their full power and commissione to thir brethren: Mrs Robert Pont and Robert Durie for Orknay and Zetland; Mr George Gladstanes for Cathness and Sutherland; to Mrs Alexr. Dowglass and Alexr. Rawsone for Rosse; to Mrs George Hay and Androw Crombie for Morray; Mr George Gladstanes for Aberdeene; for Angus and Merns, Mrs Robert Wilkie and James Melvill; for Perth and Stratherne, Mrs Thomas Dowglass and John Fairfoull; for Fyfe, Mrs James Nicolsone and Robert Howie; for Lothiane, Mrs Patrick Simsone and Harie Livingstone; for Merss and Teviotdale, James Gibsone and Mr Adam Colt; for Clydsdale, Mrs David Lyndsay and John Spotswood; for Irvine and Aire, Mrs Gavine Hamiltone and Androw Knox; for Annandaill, Mrs John Knox and Patrick Schaw; for Nithsdale and Galloway, Mrs David Barclay, Alexr. Scrymgeour, and Nathaniell Inglish: with power to them to try the brethren within the bounds particularly above designit, in their lyfe, doctrine, qualificatione, and conversation, and how they have behaved themselves touching the rents of their benefices—qwhether they have sett tacks of the samen, but consent of the Generall Assemblie or not, and so dilapidate the same—to depose such as deserves depositione—to plant ministers in such places that hes not been plantit heretofore; and to that effect to deall with the tacksmen of every paroche kirk for provision of ane minister to their kirks, and to report to the next Generall Assemblie ane answer of the tacksmen in wreit, containing the planting of the kirks qwherof they possess the teinds, and to reporte their diligence to the nixt Assemblie—promitten de rata.

The nixt Assemblie appoyntit to be halden at St Androis the last Twesday of July 1602.

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