[SIXTY-FIRST GENERAL ASSEMBLY.]

The Generall Assemblie of the Kirk of Scotland, halden at Perth, the first of March 1597, where there conveint the Commissioners from all Presbytries, according to his Majestie’s missive.

Sessio 1a.

Exhortatione there was nane.

Anent the supplicatione given in be Mr Thomas Nicolsone, advocat, bearing that in respect he was admittit clark to the Generall Assemblie, in place of Mr James Richie, last clark thereof, be seven of the Commissioners deput be the last Generall Assemblie, to intraite and conclude upon the affaires of the Kirk, qwhilk sould fall out and interveine before the next Generall Assemblie, that, therefore, the Assemblie now conveint wald admitt the said Mr Thomas to the said office, and corroborat his admissione with their authoritie: The brethren conveint, all in ane voyce, creatit and electit the said Mr Thomasde novo, and admittit him to be Clark of the Kirk; with power to him to use and exerce the samen, and all priviledge belonging thereto, also frielie as any clark might have done at any tyme bygane.

Sess. 2a. Martii 2o.

Anent the commission direct from his Majestie to Sir John Cockburn of Ormistoune, Knight, Justice-Clerk, and Edward Bruce, Commendator of Kynloss, with all expeditione, to repare to the Commissioners of the Presbytries of the Kirk presently assemblit within the Kirk of Perth, and to inquyre of them if they be ane lawfull Generall Assemblie of the Kirk, and hes sufficient power be themselves to give answer, treat and conclude upon such things as are to be proponit and intreatit in this present convention, according to his Majestie’s warrand and missive, direct to them be his Hienes to this effect, and to report their answer, in wreit, thereanent:The brethren present, after lang reasonyng and conference had anent the premisses, thinks that this their meeting is ane lawfull Generall extraordinar Assemblie, be reason of his Majestie’s letter direct to the presbytries and provincialls to that effect, and the presbytries’ and provincialls’ Commissioners given to meet in the town of Perth, and therefore are willing to hear what his Majestie shall propone, and to treat, conclude, and give answer thereanent, conform to the commissiones with the qwhilks they are authorized be the Presbytries and Synodalls.

Sessio 3a. Martii 2o.

The Commissioners deput be his Majestie, proponit certain heads and articles to the brethren to be resolvit and concludit in the present Assemblie, qwhereof the tenor follows:

Since the quietness of the Kirk, and the frieing of the same of sclander, qwhilk, upon the contrare, effects wold necessarly follow, as the chieff butt and end qwhereat his Majestie schoots in the conveening and holding of this present Assemblie: Therefore, for eschewing of fascheous and langsome disputatione, qwherupon divers uncomlie controversies and debates might aryse, his Majestie hes thought good to remitt the decisione of ane great number of the pretendit questiones to ane better opportunitie, to be reasonit in the meintyme be such as shall be authorized be commission to that effect, and for the present shall content himself with the decision of thir few articles following, having made change of nane but such as necessitie of tyme could not permitt to be delayed without ane great harme and sclander to follow.

1. That it be not thought uulawfull naither to the prince nor any wther of the pastors any tyme hereafter, to move doubts, reasone or crave reformatione in any poynts of the externall policie and gubernament or discipline of the Kirk, that are not essentially concernyng salvation, or is not answeritaffirmative vel negativeby any expresse part of the Scripture; provyding that it be donedecenter, in right tyme and place,animo edificandi non tentandi.

2. That since the civill and politick government of the country belongs alwayes alanerlie to the King’s office and his Counsellers, and in no wayes pertinent to the spirituall ministrie of the word, that no minister shall hereafter, at any tyme, meddle with the matters of the Estate in the pulpit, or with any of his Majestie’s statutes, lawes, or ordinances. But, if any of the ministrie shall thinkany of them hurtfull to the religion, or contrair to the word, they shall privatly complaine to the King thereupon, or his Counsell.

3. That it shall not be lawfull to the pastors to name any particular man’s name in the pulpit, or to descryve him as may be equivalent with their nameing, except upon the notorietie of a cryme; qwhilk notorietie man only be defynit be the guiltie persones being fugitive for the tyme, or being fyllit be ane assyse, or excommunicat for the same.

4. That every minister, in his particular applicatione, shall have only respect to the edificatione of his owne flock, and present auditor, without expatiating upon wther discourses, no wayes pertinent for that congregatione.

5. That every particular presbytrie shall be commandit to take diligent accompt of their pastore’s doctrine, and that he keep him within the bounds of the premisses.

6. That summar excommunicatione be all wtterlie abolisched, as inept, and that three lawfull citationes at leist of aucht dayes intervall betwixt every one of them preceed the sentence.

7. That no Session, Presbytrie, nor Synodall, wse their censures upon any but upon them that are resident within the bounds committit to them, wtherwayes their decreets and sentences to be null.

8. That all summonds contain ane speciall cause and cryme, and nanesuper inquirendoto be summond,quod est mere tyrannicum.

9. That no meeting nor conventione be among the pastores without his Majestie’s knowledge and consent, excepting alwayes their ordinary Sessiones, Presbytries, and Synods.

10. That in all the principall townes, ministers be not chosen without the consent of their own flock and of his Majestie, and that order to begin presently in the planting of Edinburgh.

11. That all matters concernyng the rest of his Majestie’s questiones be suspendit unmedled with, either in pulpit or any wther judicators, qwhill first all his Hienes questiones be fully decydit; And in speciall all matters importing sclander, come not in before them in the meantyme, qwharin his Majestie’s authoritie royall is highly prejudgit, but only in causes merely ecclesiastick.

12. That seven or aught of discreet wyse ministers be authorizit be commissione to reason upon the rest of the questions, as opportunity of tyme shall serve.

13. That they give commissione to the ministrie of the north to be at a poynt with Huntlie; and, in caice he satisfie them, to absolve him.

And for the better answering of the saids Articles, the Assemblie ordaynit certaine brethren to be chosen out of every schyre presentlie convenit, who should give their advyce and overture upon the saids Articles proponit be his Majestie, and thereafter reporte the same to the Assemblie:—they are, to say, Mrs John Monro, Alexander Dowglass, Peter Blackburne, John Strauchane, Alexander Buchanan, James Melvill, John Spottswood, Adame Colt, Thomas Storie, Andrew Clayhills, John Knox, James Brysone, Patrick Scharpe, Gavin Hamiltone, Alexander Scrymgeour, and David Barclay.

Sess. 5a. Martii 4o.

The brethren convenit being desyred be the King’s Commissioners sent from his Majestie to repare to the place where his Heines with the Estates were presently sittand, to conferre anent the forsaids articles, they, at his Majestie’s desyre, resortit to the Counsell-house, and there, before any farther reasoning, after his Majestie had discoursed upon such things as should be proponit, protestit in manner as after follows:

Sir,—Forsuameikle as we are come hither to testifie to your Majestie our obedience, and to hear what shall be proponit to us be your Heines, in all reverence we protest that this our meeting be not esteemit as though we made ourselves and the Assemblie with the Estates, or yet does submitt any matters ecclesiasticall, either concerning doctrine or discipline, to this judicator; but after we had conferrit and reasonit with your Majestie anent the articles proponit to us, we most returne to the ordinarie place of our Assemblie, there to reasone, vote, and resolve in all these poynts, according to the word of God and ane good conscience; and this our protestation we most humbly desyre may be admittit and insert in your Majestie’s Books of Counsell, for eschewing of inconvenientes that heirafter may ryse:

The qwhilk protestatione was ratified, reiterat and confirmed be his Majestie; and after long reasoning upon the saids Articles, the brethren were demittit.

Sessio 6a. Martii 4o.

Anent the Articles proponit be his Majestie to be resolvit and answerit be the Generall Assemblie, the brethren, after long conferrence and mature deliberation, concluds and answers to the samen, in manner and forme as after follows:

1. First, That it is lawfull to his Majestie, be himself or his Heines’ Commissioners, or to the pastors, to prepare in ane Generall Assemblie, qwhatsoever poynt his Majestie or they desires to be dissolved or to be reformed in matters of externall government, alterable according to circumstances, provyding it be done in right tyme and place,animo edificandi, non tentandi.

2. The Assembly ordaynes that no minister shall reprove his Majestie’s lawes, statutes, acts, and ordinances, unto the tyme that first he be advysit with his Presbytrie, Synodall, or Generall Assemblies, complaine and seek remedie of the same from his Majestie, and report his Majestie’s answer, before any further proceeding.

3. No man’s name should be expressit to his rebuke in pulpit, except the fault be notorious and publick, qwhilk notorietie is defynit, if the persone be fugitive, convict be ane assyse, excommunicat, contumax after citation or lawfull admonitione; nor yet should any man be descryvit openlie be any uther circumstances except publick vyces alwayes damnable.

4. The brethren finds that no persone sould use applicatione qwherin he hes not ane chief respect to the edifying of his awne flock and present auditor.

5. The Assemblie ordaynes every Presbytrie to take diligent accompt of the pastor’s doctrine, and that he keep himself within the bounds of the word.

6. The Assemblie superceeds to answer to the 6th Article unto the next Generall Assemblie; and, in the mean tyme, suspends all summar excommunicatione qwhill the said Assemblie.

7. The 7th lykewayes is referrit to the next Assemblie.

8. Ordaynes all summonds to contain ane speciall cause and cryme, and that nane be summonedsuper inquirendis.

9. No conventiones sould be amang the pastores without his Majestie’s knawledge and consent, except alwayes Sessiones, Presbytries, and Synods, their meetings in visitationes of kirks, admissioneand deprivatione of ministers, taking up of feuds, and such uthers as hes not been found fault with be his Majestie.

10. In all principall towns, ministers should not be chosen without the consent of their own flock and his Majestie.

11. All matters concerning his Majestie’s questiones remanent shall be suspendit, nor damned or rebuikit either in pulpit or uthers their judicators, qwhill first all his Hienes’ questiones be decydit in the next Generall Assemblie, and in speciall matters importing sclander, shall [not] come in before them in the meintyme, qwherein his Majestie’s authoritie royall is highly prejudgit, excepting only ecclesiasticall causes.

12. The Assembly hes appoynted and chosen certaine brethren with commission to treat upon the saids questiones, and report their advyce and opinione to the next Generall Assemblie, referring the tyme and place of conveining to his Majestie. The brethren appoyntit, to that effect, as followes: Mrs James Nicholson, Jone Caldcleuch, Andrew Clayhills, David Lyndsay, Thomas Buchanan, James Melvill, Robert Wilkie, William Couper, John Couper, Thomas Brysone, Robert Rollock, Patrick Galloway, John Duncansone, and Robert Henrie.

13. The Assemblie gives commissione to the ministrie of the Presbytries of Morray and Aberdeine to insist in conferrence with the Earle of Huntlie; and, to that effect, appoynts Mrs Andrew Millne, Andrew Leith, Andrew Lambe, George Gladstones, and John Ramsay, to concurr and assist with them, and ordaynes them to report their answers to the conditiones and articles given them in commissione for tryall of the said estate.

Sess. 7a. Martii 5o.

The Articles for Triall of the Earle of Huntlie.

1. First, That the said Earle, from the day of his compeirance before the saids Commissioners, shall make his constant and ordinarie residence in Aberdeene, that he may be instructit be hearing the word, and ordinarie conferrence indureing the tyme appoyntit for the same.

2. That he be well informit with knawledge, to condescend in the principall grounds of religion affirmative, and the untruth of errors contrair to the same, and that he be able to give a reasone of his knawledge in some measure.

3. That he be brought to ane plaine acknawledgeing of the Kirk within this countrie, and profess himself adjoynit to the same, as ane obedient member thereof, and be content to hear the word, participat the sacraments, and obey the discipline of the Kirk, as the samen is presently allowit be the King’s Majestie and the Estates.

4. That he solemnly promise, be word and written band, to remove out of his house, company, and haill bounds under his power, Jesuits, Priests, and excommunicate persones.

5. That he agrie to swear and subscryve the Confession of Faith in presence of the haill Commissioners.

6. That he agrie to satisfie in the kirk of Aberdeene, in most humble manner, for his apostacie, and there renew the forsaids promises and bands in most solemne manner.

7. Anent the slaughter of the Earle of Murray, that he declare his griefe and repentance for the same, and promise to make ane assythment to the partie, when the samen may conveniently be acceptit off, and utter his forsaid repentance and grieff therein, at the tyme of his publick satisfactione.

8. Forsuameikle as be occasion of service done to his Majestie in persewing the said Earle, be force and utherwayes, syndrie in these pairtes hes incurrit his displeasure and deidly feud, that he be content to remove all these occasiones with such convenient diligence as the saids Commissioners shall think expedient.

9. For declaratione of his aifald adjoyning with us, that he be content at their sichts, and advyce of his best disposed friends, to provyde sufficient stipends for his kirks.

10. That he shall acknowledge his faults qwhereof he was justly excommunicat, and especiallie the burning of Dunybirsle, and his apostacie.

11. That he shall have ane ordinare minister resident in his awne house continuallie; with power to them to conveen the 22d day of March instant, or sooner if they can possiblie, and to conferre with the Earle of Huntlie, and resolve him of the Articles forsaids, and to report his minde and resolution thereanent at the next Generall Assemblie, to be halden at Dundee the tenth day of May nixt to come.

Anent the supplicatione given in be Dame Elizabeth Oliphant, Countess of Angus, making mentione, That where diverse and frequent sutes hes been made to herself and the remanent friends ofWilliam, sometyme Earle of Angus, desyrand conferrence with certaine of the ministrie, for his farther resolutione in the heads of Christian Religion, qwhilk hes not tane such good effect as was lookit for, be reason of certain impediments qwhilk hes fallen out in the meantyme; requesting, therefore, most earnestlie to appoynt certaine of the wysest brethrene where he makes his residence to conferre and resolve him of the doubts that stayes from imbracing and professing of the trew and Christian Religion publickly professit within this realme: The Assemblie ordaynis the ministrie of Angus and Meirnes to conferr with the Earle of Angus anent such doubts as he wald be resolvit upon, and speciallie to conferre with him anent the Articles preceeding, qwhereupon the Earle of Huntlie is ordaynit to be tryit, exceptand only such as concerns the Earle of Morraye’s slauchter, and to report his resolutione in the premisses to the next Generall Assemblie.

Anent the offers given in be Francis, sometyme Earle of Arroll, to the Generall Assemblie presently conveint at Perth, beirand as follows:

First, I offer to abide any just tryall of the alleadged traffiqueing against the Religione presently professt within this country, indureing my absence off the countrie, and make all sufficient purgatione to your Wisdomes for the same. Farther, I offer all possible securitie and caution, in all tymes comeing, never to traffique against the said religione, and that neither the said religione nor discipline thereof shall any wayes be hinderit be me, but have the ordinare course in my bounds, as in uther parts of the countrie, and to declare my willingness to be resolvit in the said religione, I am content to accept conferrence therein, and requires the same at your Wisdomes, who hes power, that ye will appoynt ane or mae of your number indifferently, as they shall be requyrit of me in the pairts qwhere I presently dwell, and have the leasure or occasione to resort where I shall happen to be, to conferre with me upon the haill controvertit heads, that I may have instructione; and if I shall be thereby movit, that the haill number of that Synod where my residence is, will take the paines to convince and meet me at some competent place, to hear and testifie of me; indureing the qwhilk tyme of conferrence, I shall no wayes respect any Jesuite, Seminarie Priest, or excommunicat persone. And if it shall happen that I be resolvit in the heads of controversie, shall unfainedly from my heart imbrace the said religion, and make publick confession thereofin tyme coming, and shall make satisfaction for my defection from the same, as shall be injoynit: Lastly, desyres to be absolvit, or at least suspendit, from the sentence of excommunicatione indureing the tyme of conferrence, so that nane of my friends that resorts to me, and may be stedable to me be their counsell, either in the said conferrence or uther my leisum affaires, be troublit be your censure therefore, but may have your licence to have accesse to me, and I to them, in qwhatsomever part of the countrie I shall resorte, lykeas I have obtained his Majestie’s licence and charge to your Wisdoms to give me conferrence, qwhilk it may please yow receive, and do accordingly as ye wold give me argument of your good intention toward my conversione, qwhereof I doubt not, and for performing of the premisses shall finde cautione and seuertie.

The Assemblie ordaynes the ministrie of Morray and Aberdeene, with the fyve ministers adjoynit unto them, for conferring with the Earle of Huntlie, to trait lykewayes with the Earle of Erroll anent the premisses, and to report unto the nixt Generall Assemblie what resolutione they finde in him concerning the Articles conteined in their Commissione direct for the tryell of the Earle of Huntlie—exceptand alwayes such articles as concerns the slauchter of the Earle of Morray. Farther, the Assemblie ordaynes these Commissiones granted for conferrence with the saids Earles of Angus, Huntlie, and Arroll, to be extended to the Lairds of Newtoune and Bonnytoune, in caice they offer themselves to satisfy the Kirk.

Attour, if it shall happen the said excommunicat persones, or any of them, to resorte or repare to any uther part within the realme, the Generall Assemblie gives full power and commissione to the ministrie of the Presbytries where they shall chance to resorte, to treat and conferre with them anent the heads and articles above written.

Anent the supplication given in be Mr John Rutherfurde, desyreing the process of his deprivation led be the Presbytrie of St Andrews to be produced, seen, and considerit be the Assemblie, the Assemblie ordaynes the Presbytrie of St Andrews to produce the said proces at the next Generall Assemblie, and there to answer to the said Mr John his complaint given in against them.

Certaine Petitiones given in be the Ministrie presently conveint to the King’s Majestie.

1. It is humbly cravit be this present Assembly, that your Majestie,with advyce of the Estates presently conveint, considering how it hes pleased God to giue ane good successe to this present Conventione, and that all things concludit herein tends to the peace and quietness of the haill Estate of this countrie, and the disappoynting the expectation of the adversaries, will, with advyce forsaid, publish be open proclamation the good success of this present Conventione, together with ane declaratione of your Majestie’s intentione, utterit be yourselfe at this tyme in presence of your Estates, declaring your good will to maintaine the trew religione presently professit within your countrie, with the discipline adjoinit thereunto, and the ministers to whom the charge of the same is committit; and to declare that your Majestie’s will is, that qwhatsoever lawes, act, or proclamatione hes been made, prejudiciall to the same, shall be esteemit contrair to your Majestie’s mining, and to have no force nor effect in no tyme hereafter, and that nane of your subjects pretend be any cullour thereof to molest or trouble any of the saids ministers, but that they be under your Majestie’s protection, and that ye will esteem the contraveiners, troublers of your Majestie’s estate, and punish them accordingly.

2. That all Papists, Jesuites, and Excommunicats remaining within this countrie, be chargit to passe off the same betwixt this and the first of May nixt to come, or else to satisfie the Kirk; and if they doe not the same before the day appoynted, that Sheriffs in shyres, Provests and Baillies in townes, be commandit to apprehend and present them before his Majestie and Councill, to be punischit according to the law; and if they be negligent in apprehending them, that commissione be given to certaine most zealous and willing persones to doe the same.

3. That it may please your Majestie, according to your accustomed clemency, to relax presently the ministers of Edinburgh from the horne, and suffer them peaceablie to returne and remain within this realme; as also to relieve and sett at freedome sic gentlemen and professors of religione as now are under challenge, seeing your Majestie knawes that the love of religione moved them to these things qwherwith they now are burthened.

4. That sieing that Edinburgh hes that honour to be the chief burgh of this countrie, and now are both destitute of their own ministers, and sicklyke callit from tyme to tyme before your Majestie, qwhilk is no small grief to their hearts, in respect your Majestie knawes that the greatest pairt of the haill towne are most willing togiue your Majestie all obedience, and to hazard lyfe and substance for your Majestie’s standing, that it may please your Majestie favourably to deall with them according to your accustomed gentleness, that it may appeare your Majestie is more inclynit to shaw favour unto men that meanes uprightlie to your hienes nor to papists, We are moveit to crave the same, that all your subjects may see a generall agriement—That it may please your Majestie, sieing Mr David Black hes obeyit such things as was injoynit unto him, to give him libertie to returne to his flock, and sicklyke to Mr John Welsche and to Mr John Howisone.

Because diverse complaynts of hurting and mutilating of ministers are given in before us, namely—

We most humbly crave that your Majestie wald take some substantiall order for punisching the offenders in example of all wthers hereafter.

That provisione be made for planting of kirks, and that the augmentationes and planting of new kirks, made in anno 1595, be allowit.

Followes his Majestie’s Answers to the saids Articles.

The first is granted in substance. The 2d is also granted. As to the 3d, concerning the ministers of Edinburgh, they are ordayned to be relaxed upon cautione to be found be them to the Justice Clark, that they shall underly the law. As to the gentlemen for whom the Assemblie makes request, his Majestie thinks good that they, be the mediation of their friends, be suiters for themselves. As to the 4. touching the Towne of Edinburgh, his Majestie will nowayes trouble innocent men, but such only as are guiltie, and mindes schortlie to be at a poynt with them. Touching the invasion of the ministers, ane commissione is ordaynit to be directit for calling and punisching the offenders. Concerning the last article, his Majestie ordaynes the thesaurer, Mr James Elphingstone, the Clerk Register, Mr John Prestone and Mr Edward Bruce, to take order, alsewell for the planting of kirks as with the augmentationes qwhilks were grantit anno 1595.

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