º § ; § º º º #: § º: § w § § º : ; : t | º #- : . -§ : *:; #º - . º#º ; r§ º º § §; 3. sº i . : § ; ! § ! º º tº - § §: - → · · · · · · * * * * * · ******** * *, ** * *~ :±± --->--~~~~------- ~--~~~~ №ae, №TOETOE-º : * !! !! (…:): * *,~~~~--~~~~~.……--~~~~ --~~~~ ±,±,±,±,±,±,±(√Æ√±TEĽ, zī£§!!!!!!!!. . --~=*~*=~ ~~~~). rº J. ſ 2-0 lo *****. ſº ºn 2. 10 O , § | ACTS AND PROCEEDINGS B. Y. ^-) OF THE GENERAL ASSEMBLIES OF THE KIRK OF SCOTL AND, FROM THE YEAR M.D.LX. COLLECTED FROM THE MOST AUTHENTIC MANUSCRIPTS. Jº PART THIRD. M.D.XCIII.-M.D.C.XVIII. #º sº ~ * , is wagº; sº , EDINBURGH, M.DCCC.XLV **, * 3\;\g *::... Tº ºx * - * y 9 O O O º THE Volume now presented to the Club, embraces the concluding por- tion of the Recorded Proceedings of the General Assemblies of the Church of Scotland, held within the period contemplated in the present Work. Its delivery has been retarded by accidental circumstances, in themselves of little importance; but the delay has afforded an opportunity of rendering this compilation somewhat more accurate and complete. The Index to the entire Work has been compiled by Mr DAVID MEEK, with that extreme accuracy and exact knowledge of the early history of the Scottish Church, for which he has been so long distinguished. It may be proper to mention, that the additions and corrections to the Index were chiefly owing to his great anxiety to render it more perfect, from new sources of information which became available after the sheets had been sent to press. EDINBURGH, March 1845. 390.738 IO 20 THE BANNATYNE CLUB. DECEMBER, M.DCCC.XLIV. THOMAS THOMSON, ESQ., PRESIDENT. THE EARL OF ABERDEEN. WISCOUNT ACHESON. * → WICE-ADMIRAL SIR CHARLES ADAM. THE EARL OF ASHBURNHAM. LORD BELHAVEN AND HAMILTON. WILLIAM BLAIR, ESQ. BERIAH. BOTFIELD, ESQ. THE MARQUESS OF BREADALBANE. SIR. THOMAS MAKDOUGALL BRISBANE, BART. GEORGE BRODIE, ESQ. CHARLES DASHWOOD BRUCE, ESQ. O. TYNDALL BRUCE, ESQ. THE DUKE OF BUCCLEUCH AND QUEENSBERRY. THE DUKE OF BUCKINGHAM AND CHANDOS. THE MARQUESS OF BUTE. THE REW. RICHARD BUTLER. JAMES CAMPBELL, ESQ. DAVID CARNEGY, ESQ. SIR GEORGE CLERK, BART. WILLIAM CLERK, ESQ. HON. H. COCKBURN, LORD COCKBURN, CVICE-PRESIDENT.) THE BANNATYNE CLUB. 30 40 50 DAVID CONSTABLE, ESQ. ANDREW COVENTRY, ESQ. JAMES T. GIBSON CRAIG, ESQ., (TREASURER.) WILLIAM GIBSON CRAIG, ESQ. GEORGE CRANSTOUN, ESQ. JAMES DENNISTOUN, ESQ. DAVID DUNDAS, ESQ. GEORGE DUNDAS, ESQ. RIGHT HON. WILLIAM DUNDAS, LORD CLERK-REGISTER. WILLIAM PITT DUNDAS, ESQ. LORD FRANCIS EGERTON. JOSEPH WALTER. K. EYTON, ESQ. SIR CHARLES DALRYMPLE FERGUSSON, BART. COUNT MERCER, DE FLAHAULT. WILLIAM GOTT, ESQ. ROBERT GRAHAM, ESQ. RIGHT HON. THOMAS GREN WILLE. THE EARL OF HADDINGTON. THE DUKE OF HAMILTON AND BRANDON. EDWARD W. DRUMMOND HAY, ESQ. SIR. THOMAS BUCHAN HEPBURN, BART. JAMES MAITLAND HOG, ESQ. RIGHT HON. JOHN HOPE, LORD JUSTICE-CLERK. COSMO INNES, ESQ. DAVID IRWING, LL.D. HON. JAMES IVORY, LORD IVORY. SIR HENRY JARDINE, HON. FRANCIS JEFFREY, LORD JEFFREY. THE EARL OF KINNOULL. DAVID LAING, ESQ., (SECRETARY.) THE BANNATYNE CLUB. 60 70 80 SIR. THOMAS DICK LAUDER, BART. THE EARL OF LAUDERDALE. VERY REVEREND PRINCIPAL JOHN LEE, D.D. LORD LINDSAY. JAMES LOCH, ESQ. LORD LOWAT. ALEXANDER MACDONALD, ESQ. HON. J. H. MACKENZIE, LORD MACKENZIE. JAMES MACKENZIE, ESQ. JOHN WHITEFOORD MACKENZIE, ESQ. WILLIAM FORBES MACKENZIE, ESQ. ALEXANDER MACONOCHIE, ESQ. JAMES MAIDMENT, ESQ. THOMAS MAITLAND, ESQ. THE WISCOUNT MELVILLE. THE HON. WILLIAM LESLIE MELVILLE, WILLIAM HENRY MILLER, ESQ. THE EARL OF MINTO. HON. SIR. J. W. MONCREIFF, BART., LORD MONCREIFF. JAMES PATRICK MUIRHEAD, ESQ. HON. SIR JOHN A. MURRAY, LORD MURRAY. WILLIAM MURRAY, ESQ. MACVEY NAPIER, ESQ. ROBERT NASMYTH, ESQ. SIR FRANCIS PALGRAVE. LORD PANMURE. SIR. THOMAS PHILLIPPS, BART. ROBERT PITCAIRN, ESQ. ALEXANDER PRINGLE, ESQ. JOHN RICHARDSON, ESQ. THE BANNATYNE CLUB. THE EARL OF ROSEBERY. THE DUKE OF ROXBURGHE. ANDREW RUTHERFURD, ESQ. THE EARL OF SELKIRK. JAMES SKENE, ESQ. WILLIAM SMYTHE, ESQ. THE EARL SPENCER. 90 JOHN SPOTTISWOODE, ESQ. EDWARD STANLEY, ESQ. THE HON. CHARLES FRANCIS STUART. THE DUKE OF SUTHERLAND. ARCHIBALD SWINTON, ESQ. ALEXANDER THOMSON, ESQ. WALTER CALVERLEY TREVELY AN, ESQ. DAWSON TURNER, ESQ. PATRICK FRASER TYTLER, ESQ. ADAM UROUHART, ESQ. 100 RIGHT HON. SIR GEORGE WARRENDER, BART. AT an Extraordinary General Meeting of the BANNATYNE CLUB, held in the Apartments of the Antiquarian Society, on Friday the 8th of July 1836: - THE PRESIDENT having stated, that the destruction of the early Re- gisters of the Church of Scotland, in the year 1834, being no longer a matter of doubt, it had become highly desirable that measures should be taken for collecting and printing, in addition to the volume known by the title of “ The Booke of the Universall Kirk of Scotland,” whatever else could yet be recovered from authentic sources of the recorded proceed- ings of the General Assemblies, from the era of the Reformation to the period from which the original Registers were still extant. The Meeting approved of the President's recommendation, and he was requested to take such steps as he might judge fit for preparing a specimen of the proposed Work. AT a Meeting of the CoMMITTEE of the BANNATYNE CLUB, held at Edinburgh, in the House of the President, on Monday the 13th day of November 1837: The PRESIDENT stated, that he expected soon to exhibit a specimen of “The Booke of the Universall Kirk,”—and suggested, that it should be put within the option of the MAITLAND CLUB to secure copies of the Work, by furnishing paper and paying a proportionate share of the expense. The Secretary was directed to make a communication to this effect. AT an Extraordinary General Meeting of the BANNATYNE CLUB, held in the Hall of the Antiquarian Society, on Monday the 29th of January 1838 : In pursuance of the Minute of the Committee on the 13th of Novem- ber last, and after communicating with the Committee of the Maitland Club, it was RESOLVED,--That the printing of “The Booke of the Uni- versall Kirk of Scotland,” containing the Acts and Proceedings of the General Assemblies of the Church, from the year M.D.LX., be proceeded with, under the superintendence of THOMAS THOMSON, Esq., President of the Club, at the joint expense, and for the use, of the Members of the BAN- NATYNE and MAITLAND CLUBs. DAVID TAING, SECRETARY. AT an Extraordinary General Meeting of the BANNATYNE CLUB, held at Edinburgh, in the Hall of the Antiquarian Society, on Monday the 15th day of April 1839:— RESOLVED,--That the First Part of “The Acts and Proceedings of the General Assemblies of the Kirk of Scotland, from the year M.D.LX., collected from the most authentic Manuscripts,” and now printing for the Bannatyne and Maitland Clubs, be circulated among the Members. DAVID LAING, SECRETARY. THE PREFACE. IN presenting to the Club these remains of the Recorded Proceed- ings of the Church of Scotland, during the first half century after the Reformation, it may be fit to offer some explanation of the causes of their imperfect state; and not uninteresting to trace the successive dangers and escapes through which the original muniments had passed, down to the period when there is too much reason to believe they were left to perish in the conflagration of the Houses of Parliament in the year 1834. The duty of recording the proceedings, and framing the Registers of the General Assemblies of the Church, was from the first entrusted to an officer regularly elected; to whom also was committed their ordi- nary custody.” In these Registers was embodied the most authentic * This officer appears under the various designations of “Scribe” or “Clerk of the Assembly,”—“Common Clerk of the Kirk,”—and “Clerk of the General Assemblies, and Keeper of the Register of the same.” During the period embraced in the following volumes, the office was held by four different persons in succession, whose names have been rendered of some importance, in tracing the subsequent history of these records. The first in order was Mr John Gray, whose appointment was probably coeval with the first General Assembly in 1560. In the Register of Ministers, &c. 1567, (printed for the Maitland Club,) there is the following entry, which shews that his services were not entirely gratuitous:–“Mr John Gray, Keipar of Registre of Ministers thair Stipendis, “ Extractor thairof, and Clerk of the Generale Assembleis and Keipar of the Registre Q, II evidence of the original constitution of the Presbyterian Church, and of its practical administration under the guidance of those able and distinguished men by whose exertions and influence its reformation had been achieved. To their well-known importance in that view, have been mainly owing the perils and injuries to which these records have been exposed. During the first twenty years after the Reformation, the prevailing current of opinion in favour of the Presbyterian polity had been little disturbed, and the Registers of the Church appear to have remained in the custody of the proper officer; but in the course of the subsequent struggles for the re-es- tablishment of Episcopacy, they acquired a sinistrous interest, and by some disorderly means had passed into other hands, from which they were ultimately rescued with no little diffi- culty. Although ignorant as yet of the injuries they had sustained, and even uncertain into whose hands they had fallen, the leaders of the Church became anxious to recover the possession of these records, and to replace them under the care of their own officers. Accordingly, in the General As- sembly held in May 1586, two of the members were “directit “ to the Kings Majestie to solicite the redelyverance of the same, “[and] returnit his Hienes answer, That they sould be delyverit “ to the Clerk ilk day during the Assemblie, but at evin they “ of the same, in recompense of his labouris bigane and to cum, ii" ti.” In 1574, Mr James Ritchie was elected his successor, and sworn into the office with great solemnity. On his decease in 1596, Mr Thomas Nicolson, advocate, (and Commissary of Aber- deen,) was, by a plurality of votes, chosen, sworn, and admitted; and, with some tem- porary interruptions, retained the office till 1618, when, on his “dimission,” Mr James Sandilands was received in his place. In 1638, Mr Archibald Johnston, (afterwards better known as Lord Wariston,) was elected Clerk by the General Assembly held at Glasgow; and to him succeeded Mr Andrew Ker, who survived the Restoration in 1660. III “sould be in the hands of the Lord Privie Seale quhill the end “ of the said Assemblie ; betwixt and quhilk day his Majestie “wald be present himselfe.” This strange reserve in permitting (P.647.) to the Church the custody and use of her own Records, was ap- parently intended to elude the detection of the frauds practised by those into whose hands they had fallen; while, at the same time, it well harmonized with the favourite views of the King in asserting a civil supremacy over the ecclesiastical establishments of the country. In the Assembly held in June 1587, “the King's Commissioners “ having offered their concurrence in recovering the Registers, if it “ might be known in whose hands they were ; and the Moderator “ having desyrit the brether that could give any light in this matter “ to manifest the same,” it was ascertained that they were then in (P.686.) the possession of Patrick Adamson, Archbishop of St Andrews: and the royal authority having been obtained in aid of that of the Church, to compel their production, it would appear that in the first instance they had been given up to the Lord Secretary; and after much hesitation and cavil, there was “at length presentit “ to the sight of the kirk fyve volumnes of thair Actis, quherof “a great part being mankit, and, after the sight thereof, being “ redelyverit, the haill brether ordainit ane heavie regrate to “ be made to his Majestie in article, lamenting the away tak- “ing and mutilating of the saids Bookes, and to crave that the “ same may be restored, and also that the saids Bookes may be “ delyverit in the Kirks hands, to remane with them as their “awne Register, namelie in respect of the answer returnit from “my Lord Secretar, that his Majesties will was, that the Kirk sould “ have inspection thereof as they had adoe presently, and to give “ them up againe.” - (P.697.) The restoration of the mutilated parts of the Registers, was unhappily no longer possible; but the story of this disgraceful IV proceeding seems to have been first disclosed, in the year 1591, in the humiliating confessions elicited from Archbishop Adamson by the Provincial Synod of Fife. He there ventures to assume to himself the credit of having saved the Acts of the General Assem- bly from the flames, to which they were destined by the Earl of Arran; but confesses, that “upon a certain day in Falkland, before “ they were delivered to the Kings Majestie, the Bishop of N. ac- “ companied with Mr Henry Hamiltoune, rent out some leafes, and “ destroyed sic things as made aganis our estate, and that not “ without my awne speciall allowance.”” There seems to be no doubt, that prior to the date of these disclosures, the Registers of the Church had been replaced in the hands of the Clerk of the Church, nor does it appear that any further attempts were then made to disturb their legitimate custody. But hazards of another kind were awaiting them. On the over- throw of the Presbyterian polity in the year 1606, its muniments were no longer regarded as of dangerous importance ; and for more than thirty years they appear to have been neglected and lost sight of by the Church. The period however was fast approaching * Row's History of the Kirk of Scotland, p. 123. Edin. 1842, 8vo. In the Latin edition or version of this Palinodia, the passage relative to the Books of the Kirk is thus given: —“Quod ad illud quod quaeritis, quis casus obtigerit Commentariis Synodi Generalis, “ita res se habet. Integros servavi in reditum nobilium et ministrorum ex Anglia: “ quod si non fecissem, Comiti Araniae in animo erat curare ut conjicirenturin ignem. “Falcolandiae quodam die, priusquam traditi sunt Regiae Majestati, Episcopus N. una “ cum M. Henrico Hammiltonio discerpsit quaedam folia, et ea quae adversus ordinem “ nostrum ulli usui esse possent, iddue me approbante.”—A. Melvini Musae, et P. Adamsoni Vita et Palinodia, p. 51. 1620, 4to. It has been supposed that the person here alluded to was David Cuningham, who had been preferred to the Bishoprick of Aberdeen in the year 1577. The extent of the mischief thus practised has not been exactly ascertained, but the indications of this rough process of castration will be found in the following work, at pages 417, 424, 461, 465, 474. V when a due sense of their importance was to revive; and very serious alarms for their safety had begun to prevail, when, to the surprise of all, the greater part of them was brought to light in the General Assembly held at Glasgow in the year 1638. Of that unexpected and joyous event, the contemporary historians of the Presbyterian Church have been anxious to preserve the minute and interesting details.” It may here suffice to state, that by the suc- cessful exertions of Mr Archibald Johnston, who had been then chosen Clerk of the Church, and who was destined to act a still more prominent part in after life, the greater part of the Registers prior to 1590 had been traced and found in the hands of private individuals, officially connected with Mr Thomas Nicolson, the last regular Clerk, in whose possession they had been left after his “ dimission” in 1618. Those only of subsequent date had been received by his successor Mr James Sandilands, whose son, an un- successful candidate for the clerkship, surrendered them to the Assembly. On the part of the Royal Commissioner, there was shown an evi- dent disinclination to recognise the authenticity of these records; but to put an end to all doubts on that head, the books were subjected to a minute and careful scrutiny, by a Committee of distinguished members; whose elaborate report, proving them to be “true, famous and authentick registers of the Kirk,” was ultimately approved by an unanimous decision of the Assembly. Of these more ancient records there were in all five volumes; four of which were found to contain the original record of the As- sembly’s Proceedings from 1560 to 1590; with the exception of that from March 1572 to March 1573, and of that from July 1580 to October 1583. The former of these was recovered and pro- (App. p. XXIII.) * See Appendix, No. I. VI (App. p. xxviii.) duced to the next General Assembly held in 1639; of the other no trace appears ever to have been found. * That loss however was supplied by a fifth, what is described as the “greatest volume,” and which proved to be a well-authenticated “duplicate” of the entire series of proceedings prior to the year 1590. From the state of safe custody to which they were thus once more restored, the records of the Church were doomed to be again with- drawn, at the disastrous period of the English invasion in 1650. After several transfers from place to place, it was thought advisable to seek a shelter for them in the fortress of the Bass: in April 1651 a requisition was sent to the keeper, “that the Bass might be made “secure for the Registers, as it had been in a former day of calamity;” and as a further precaution against the accidents of war, it was “ agreed that the great volume, being a duplicate of some of the rest,” should be sent to the castle of Dunottar, to which the Regalia of the (App. p. xxix.) Kingdom had been carried. But neither the Regalia, nor “the great volume,” were very long considered as in a place of safety; and on the authority of a letter from certain members of the Com- mission of the Church assembled at Aberdeen, on the first of Sep- tember 1651, the Register in question was delivered to the Earl of Balcarras, who had been the High Commissioner to the GeneralAssem- bly held at St Andrews in the preceding month of July. The more important portion deposited in the fortress of the Bass, fell soon after- wards into the hands of the English invaders, and was removed from * From the proceedings in the Assembly 1638, given in the Appendix, it appears that these missing volumes were supposed to be in the hands of Archbishop Spottis- wood, who is stated by Lord Rothes to have obtained from the king a warrant to demand them from Nicolson, the former clerk, and from whom the later volumes after 1590 were obtained by Sandilands. It is highly probable that the Archbishop had de- sired to have the use of these Records in the composition of his Ecclesiastical History. f See Dr M'Crie's Memoirs of Veitch, &c. p. 524. VII Scotland in pursuance of an Order of the House of Commons, April 27, 1652,-‘That Major-General Dean cause the public Records “of the Kirk, taken in the said isle, [the Bass, to be packed up in “ cask and to be sent to the Tower of London, there to remain in “ the same custody that the other Records that come from Scot- “ land are.” - In 1657, Sir Archibald Johnstoun, Lord Wariston, in virtue of his office of Clerk Register, was successful in obtaining from the Protector's Council a warrant for restoring to Scotland such of the public Records “as concern private men's cases and interests only;” but all those “of a public nature” were retained till the period of the Restoration. There can be little doubt that his ardent zeal in the service of the Kirk would not allow him to be inattentive to the fate of these Registers; but of the means or the time of their actual release from the Tower, no distinct traces have been found. They do not appear to have been included among the Records surren- dered in 1657, of which a full Inventory is preserved; and although it might be presumed that they were sent back to Scotland in Sep- tember 1660, along with the other Public Records of the Kingdom, yet no distinct traces of their existence or subsequent fate have been found. The possibility of their retention in England, for reasons similar to those which prevented the transfer to Scotland of the Acts and Proceedings of Parliament during the Civil War, might have left a glimpse of hope for their ultimate recovery, had not the recent arrangement of the Records in the State Paper Office, and at the Tower, precluded every chance of their being yet discovered in those repositories. Whether these Registers of the Church may not have formed a part of the Records that were lost at sea on the voy- age to Scotland in 1660, must remain a matter of mere conjecture, as there exists no satisfactory evidence of what was included in that unfortunate cargo. If it be supposed barely possible that they VIII were brought back to Scotland, the only conjectural alternative which remains is, that they may have perished in the great fire at Edinburgh in the year 1701, which consumed a large mass of con- sistorial and ecclesiastical records.” The other portion of the Church's muniments which had been transferred to the castle of Dunnottar in 1651, and afterwards placed in the hands of Lord Balcarras, there seems reason to believe, had been committed by him to the custody of Mr Andrew Ker, the successor of Lord Wariston in the Clerkship of the General Assembly, and on his death, had passed into the possession of his brother and heir, Mr Robert Ker. After the death of the latter in 1677, they are said to have been discovered in his private repositories, either in consequence of some previous information conveyed to the Government, as stated by Bishop Keith, for more probably by the officers of the Commissary Court, in the course of their official researches. How they afterwards came into the possession of Paterson, Bishop of Edinburgh, does not appear; but in his hands they were retained, after the re-establish- ment of Presbytery in 1689; and in disregard of unquestionable legal rights and obligations, he appears to have treated them as articles of merely antiquarian curiosity, and, as such, to have presented or be- queathed them to the Honourable Archibald Campbell, an eminent virtuoso in his day, and afterwards a titular bishop of the Episcopal Church of Scotland. Bishop Paterson died in 1708; and it is remark- * In the General Assembly at Edinburgh, March 1703, an Act was passed “for “ supplying and preserving the Registers and Papers belonging to the General Assem- “blies, Committees, and Commissioners thereof;” proceeding on this preamble: “ The General Assembly taking into their consideration the great loss the Church “ hath sustained by the burning of several of their Registers and some papers, in that “dreadful fire which happened in the Lawn Mercat of Edinburgh upon the 28th day “ of October 1701,” &c. Among these losses, the Registers of the Assemblies 1638, 1639, 1640, 1641, 1642, are particularly mentioned. f History of Scotland, p. 497. Note b, IX able that twenty years afterwards, the fact that those were genuine Registers of the Kirk seems not to have been ascertained. In a letter from Mr Robert Wodrow to Lord Grange, written apparently in 1728, after alluding to the Manuscripts collected by George Ridpath,” it is added, “He pretended to have our original Acts of Assembly, as I “hear Mr Archibald Campbell, Lord Niel's son, pretends his copy is “ likewise an original record.” This uncertainty may help in some degree to account for the tardiness, if not indifference, which the leaders of the Church had hitherto shown in vindicating their just rights, and compelling the restoration of an unquestionable portion of the Public Records of the Kingdom. At length, however, the authenticity of the Registers in the hands of Mr Campbell appears to have been ascertained, and on the part of the Church a negociation was set on foot for their recovery, of which some valuable traces are preserved, but which is said to have failed in consequence of the extravagant and preposterous conditions proposed by that eccentric person. † Beside the payment of a sum of money as the price of their own property, which was considered as excessive, it was to be an indispensable preliminary that the books should be printed under his own superintendence, to the absolute exclusion of any revisal by any member of the Established Church. The rejection of such conditions can excite no surprise ; but it may well be wondered at, that there the matter should have been suffered to rest, and that no legal measures for compelling the restitution of the property should have been adopted. To these * Wod Row CoRRESPONDENCE, III. 285.-The manuscript in Ridpath’s possession would appear to have been a copy of “The Book of the Universal Kirk.” It was acquired by Dr James Fraser, another curious collector, and presented by him to the Library of the Divinity Hall in the University of Edinburgh. Unfortunately it has been lost for many years; but a transcript of it was made for the use of the Church in 1730. -- # The documents alluded to are in the archives of the Church, and have been print- ed in the Appendix, No. VII. p. XXXIX. b X no effectual bar had been created by the subsequent transfer of the books to the Library of Sion College, London, by a deed of gift dated in the year 1737; but whether from a certain sluggishness of movement incident to such bodies, or from some ill-advised dis- trust of their own rights, the Church does not appear to have made any effort, or bestowed any serious thought on the sub- ject, till nearly a century after, when the Reverend Dr Lee, now the Principal of the University of Edinburgh, began to rouse the attention of his brethren to the assertion of their long neglected claims. The strict justice of these he was most eminent- ly qualified to illustrate and enforce; and for his zealous and la- borious services in the cause, he well entitled himself to the thanks of successive Assemblies of the Church. It can never cease to be matter of deep regret, that his exertions had not secured a timely and more strenuous support; and that regret is embittered by the consideration that the first practical step, and the expected prelude, to a full vindication of the Church’s right to these Records, was doomed to become the immediate cause of their loss. In the year 1834, in pursuance of an Order of a Select Com- mittee of the House of Commons on Church Patronage, Dr Lee, Dr Welsh, and Principal Macfarlan, accompanied by Mr James Chalmers, * obtained access to the Library of Sion College, and (App. p. xxxiii.) reported that “ they had inspected three books in manuscript, “bearing to be records of the Proceedings of the General “ Assembly of the Church of Scotland from 1560 to 1616:”— “ and that in their opinion these Records were the genuine and “ authentic Register of the Proceedings of the General Assembly ‘ of the Church of Scotland for the above period.” Under an- other Order of the Committee, these volumes were reluctantly dragged from their place of deposit, and produced by one of é * At a previous examination of the MSS. in Sion College, Mr John Richardson, and Mr David Laing, Secretary of the Bannatyne Club, formed part of the Deputation. XI the officers of the College; who was informed “ that the Committee “ wished the books to lie upon the Table for their inspection, and “ that the Committee would send to him when they wished them to “ be returned.” The consequence of this resolution seems to be but too well ascertained. By a sad oversight the books were suffer- ed, at the close of the Session, to remain in the Committee Room, and that part of the buildings was burnt down on the 16th day of October ensuing. (App. p. XXXVII.) The books thus destroyed were three in number. The first, em- bracing the Proceedings of General Assemblies from December 20. 1560 to March 1589, was unquestionably the same “greatest book” produced by Wariston in the Assembly 1638; as, independently of certain coincidences observed by Dr Lee, it contained an attes- tation in the hand-writing, and with the well known signature of Wariston, as Clerk of the Assembly, that it had been received and acknowledged as an authentic register. The two other volumes, containing the Proceedings of General Assemblies from 1590 to 1616, were in all probability the same that were presented to the Assembly in 1638, by Sandilands, the son of the last Clerk of the Church within the period to which they relate. (App. p. XXXVIII.) The great importance of the Proceedings of the Reformed Church of Scotland to the illustration of the constitutional and general his– tory of the kingdom, had not escaped the early attention of the Ban- natyne Club; and in the absence of other means of giving publicity to the genuine records of the Church, the project was gravely enter- tained of undertaking that national work. The fatal catastrophe of 1834 terminated that more ambitious scheme; and there only re- mained the plan here adopted of retrieving, from such secondary * See Report of Select Committee on Church Patronage, pp. 355, 374, 451, App. p. 155. XII (P. 325.) (P. 566.) (P. 624, 628.) sources as yet exist, the broken and disjointed fragments of the original Registers. Imperfect though they certainly are, two of these sources are here deserving of particular notice. 1. From an early period it became an object of importance to select from the general registers of the Acts and Proceedings of the Church, such parts as were calculated to illustrate and explain the principles of its constitution, and to regulate its ordinary admi- nistration. As early as 1574, a Committee of Members was ap- pointed “to take travell in visiting and perusing of the Acts of the “Assembly; to mark and note sick as are general, that thereafter “ they may be drawn and extracted out of the Books, that all “ pretext of ignorance may be tane away.” Again in 1582, the As- sembly “ordaines Mr [John] Craig to lay an order for collecting the “ Acts of the Kirk betuixt and the nixt Assemblie.” In 1583, “Anent “ the travels taken be Mr Craige in collecting and disposing the Acts “ of the Assemblie,” certain brethren are ordained “to consider and “ oversee the samine, and to returne their opinion back to the “Assemblie:” and in the same Assembly, “anent the labours taken “ be Mr John Craige in collecting of the Acts of the Assemblie, “seing the great travels tane be him for the weale of the same, not “ without the singular fruit and profite of the whole brethren, to “ the effect the same may be absolved and brought to perfection, it “ is thought good that” the Commissioners “travel in perusing the “ whole work,” and assist in the full completing thereof—“that “ the judgment of the next General Assemblie may be had there- “ upon.” And in the following Assembly, held in the same year, the Commissioners report that they “ had considered the travels of “ Mr Craig in the Acts of the Kirk, and that in his labours God “ was to be praised : yet some things they had noted, wherewith “ they desired he sould conferr, and thereafter proceed with him in “farther reasoning.” - XIII Of the praiseworthy labours of Mr John Craig, nothing more appears till the year 1593, when the following entry occurs: “Anent (P. 815.) “ the Actis of the Kirk: That everie Presbyterie may be the better “ instructit therin, the Kirk hes ordinit Mr James Carmichaell, quha has alreddie tane sum paneis in correcting therof, to perfyte the work, and to present the same to the next General Assemblie of “ the Kirk.” And again, in the Assembly of 1595, “Anent the “Actis of the Assemblie: The brether has ordainit that the samein be sichtit, and speciall Acts for practise of the Kirk be extractit “ and joinit with the Booke of Discipline, to be publischit either in wryte or print, that none pretend ignorance therof, and to this “ effect to concurre with the Clerk, Mrs Robert Pont, Thomas “ Buchannan, James Melvill, Johnstoun, and James Carmichael.”* Here we find no distinct allusion to the previous labours of Mr John Craig; but having evidently had the same object, it may be presumed that those of Mr James Carmichael and his coadjutors consisted of a revisal, perhaps enlargement, and continuation of the former. i. That these careful compilations should have been afterwards entirely lost sight of, is highly improbable; and as there still exist various copies of such an abridgment, to which has been usually given the title of “the Book of the Universal Kirk of Scotland,” it seems no very hazardous conjecture, that these may be transcripts of the work of Carmichael, continued to the termination of * Some curious notices relative to the progress of Mr Carmichael's labours occur in the Register of the Provincial Synod of Lothian and Tweeddale, and will be found in the Appendix, p. xxx. t This Manuscript appears to have belonged to William Earl of Crawford-Lindsay, who flourished in the reigns of Charles I. and II., and was distinguished for his attach- ment to the Presbyterian Church : it has his autograph signature in different parts of the volume. (P. 856.) XIV (App. p. XXIV.) Presbyterian government in 1606. The copy preserved in the Advocates Library appears to be a manuscript of the early part of the seventeenth century, and contains proceedings of Assem- blies down to the year 1616, including most of those that were condemned as unlawful by the General Assembly of 1638. It has been adopted as the main ground-work of the present collection, and has been found on collation to admit of little correction or im- provement from any other copy. When the larger volume from which it must have been compiled, was examined by Dr Lee in 1834, he found, on a random calculation, that it contained more than thrice the quantity of matter preserved in “the Book of the Kirk;” but of what that larger quantity chiefly consisted, he had not an opportunity of ascertaining, further than that the Record “contained a great mass of information in a more complete “ and certainly in a more correct form than any thing that has been “ exhibited in any of the publications which he had ever seen.” 2. In aid of the “Book of the Kirk,” and for the enlargement of its contents, the Ecclesiastical History of David Calderwood has proved of most important use. It would be here out of place to enter into any detailed account of that valuable work. It was undertaken, if not originally under the express authority, yet with the entire approbation of the Church; and as the Records, re- covered in 1638, were completely accessible to the author, it is evident that he had made a diligent use of his opportunities, and had not confined his researches to any of the abridgments which were then extant. His quotations from the Registers of the Assem- bly are very copious, and in the present work have been interwoven with the contents of the Book of the Kirk, but never without in- dicating the source from which they have been derived, by includ- ing them within brackets, with the initial letter of the author's name. The great value of Calderwood's work has been long known, XV and its complete publication from the original manuscript, now in the British Museum, has been one of the meritorious labours of the Wodrow Society. The extracts introduced into the present collection have been taken from a transcript of the original, made for the use, and under the inspection of Mr Robert Wodrow, now in the possession of the Church of Scotland. It has been the object and anxious wish of those to whom the con- duct of this work was entrusted, to preserve every fragment of genuine record that could be discovered. For that purpose the historical works of Knox, of Melville, of Spottiswood, of Petrie, of Row, and others, have been carefully examined, and various corrections and additions have been obtained, which, like those from Calderwood, have been invariably indicated by the initial letters of their re- spective names. In further illustration of the proceedings of the Church, several public documents, taken from the Registers of the Secret Council and other authentic sources, have been introduced at their proper places in the order of time, and will be found to add to the historical interest of these volumes. In the selection and transcription of nearly the whole of its ma- terials, and in the various researches essential to the successful com- pletion of the work, the Club has to acknowledge its deep obliga- tions to the Reverend William Beattie Smith, A.M., Chaplain to the Garrison of Edinburgh Castle, whose zealous and long sustained exertions could have been prompted only by a deep feeling of in- terest in the object to which they were directed. That, after all, some things may have escaped his researches, is far from impos- sible; that some few notices have been introduced which were not strictly within the proper scope of the work, will not escape the observation of a critical reader; but on the whole, it is scarcely to be hoped that a more extensive view of the actual proceedings of XVI * the Presbyterian Church, during the period which it embraces, can now be attained. - It only remains to be stated, that the proper contents of what has been usually entitled the Book of the Universal Kirk of Scot- land, may be said to terminate with the General Assembly appointed to be held at Aberdeen in the year 1604; and that the Assemblies which follow, from 1606 to 1618, whose proceedings have been here retained as necessary to complete the historical series, were, on the (App. p. xix.) restoration of Presbytery in 1638, “condemned, and declared every “ one of them to have been from the beginning, unfree, unlawful, “ and null,” for reasons which are recorded at length in the Acts of that Assembly. - EDINBURGH, March 1845. APPENDIX. I. PROCEEDINGs of THE GENERAL ASSEMBLY HOLDEN AT GLASGow, IN THE YEAR 1638, RELATIVE TO THE REGISTERS OF THE CHURCH. Sessio 3" November 26. 1638. THEN the voices of the haill Assemblie wer craved anent the electioun of a Clerk, and Mr Archibald Johnstoun wes chosin be the universall consent of all except one, and wes admittit Clerk vnto the Assemblie ad vitam, and vnto all the richtes, fies, and priviledges perteining to ane Clerk off before, to be extendit at large; who, efter the acknowledgement of the weichtines of the charge, and his insufficiencie for it, im- braced it, as haveing a calling from God and the honourable Assemblie. The Mo- derator desyred to be informed, if anie more wes requisite for his admissioun, bot a solemne oath of his fidelitie and diligence. Mr Johne Row ansuered, Nothing farder, but that he sould bring foorth, keip and preserve the Registers of the Church, at leist so manie as sall come in his handis, Seing pitiful experience could shew how these Registers had been marred in former tymes. Then Mr Archibald gave an solemne oath of his fidelitie and diligence and conscious keeping and use making of all Regis- ters; and documents was taken of his acceptance and admission. The Moderator said, that the books and acts of all former Assemblies should be produced and putt in Master Archibald's hands. Mr Thomas Sandilands ansuered, that he had receaved no Registers from his father, but onlie two bookes containing some Acts from the year 1590, till the Assemblie at Aberdeen holden anno 1616, which therein is onlie begunne, with the minuts of the acts of the said Assemblie of Aberdene in a paper apairt, with the C XVIII APPENDIX. minutes of Sanct Androis following 1617, with the acts of the Assemblie at Perth sub- scribed be Mr James Sandilands, and delivered the samen to the Assemblie: and being posed for the rest of the Registers, answered, in his fathers name, that hee had gotten these two from the bischop of Sanct Androis, and had never receaved any more neither from him nor from the Assemblie nor from any other. The Moderator craved, that all the Registers might be had and brought foorth from the hand of any clerk or haver of them, affirming that these bookes had in them matters of greater weight then all other evidents of Land &c. for they were the Kirk of Scotlands Magna Carta, contain- ing all her priviledges and liberties since the Reformation. Hee wished also, that this Assemblie sould not be depryved of so powerfull a meane of informatione, for proceed- ing in matters to be handled there. The former clerks sone affirmed, that he had de- stroyed nane of these books. The Moderator urged the production of these books, and desired the Commissionertotake course for it. The Commissioner ansuered, that heewas willingtouseany good meane that could be used for the productione of these bookes, if any could shew in whose hands they were; for (said he) I desire not that any Register sould be absent, but above all the Kirk Registers. My Lord Rothes said that, by awarrant from King James, the Bookes were taken from Mr Thomas Nicolsone and the last clerk, and puttin the hands of the pretended Bischop of Sanct Androis, and soe of neid- force a course must be taken for getting of these bookes from the Bischop. Mr Archi- bald Johnstone said that, in Gods providence, als many books were come in his hands as sould be able to make up a perfite Register of the whole affaires of the kirk from the Reformatione untill this day; which bookes he produced on the table and declared by whom and what meanes they were come into his hands; to witt, Mr Robert Winrahame, depute Clerk under Mr Thomas Nicolsone, and from him to Alexander Blair, of which bookes there are five volumes in folio; but Mr Patrick Adamsone, Bischope of Sanct Androis, rent one of them, and there are yet four to the foir of them written be Mr James Ritchie and Mr Thomas Nicolsone, whereof the first two containes the Acts of Assemblie from the year 1560 to 1572, subscribed be Johne Gray, Clerk to the Assemblie: The third volume fra 1586 till 1590, written and sub- scribed in the margine be Mr James Ritchie, Clerk to the said Assemblie: The fifth booke, being ane great volume of the Acts of the Assemblie fra the year 1560 till 1590, (whereof he had but an len from an minister:) Whereof the first four volumes, the said Mr Archibald declaired that he had receaved them from Alexander Blair, Wreater, who was servand, and succeeded in the place of Modifications of Stipends to Mr Robert Winrahame, who had a deputation from Mr Thomas Nicolsone, Clerk to the Generall Assemblie. The Moderator said, These are good and comfortable newis unto the Church of Scotland, that a perfect Register of the Acts of the Assemblies are yet to the foir; and that it was needful that course be taken for tryell of these bookes, whether they be these same bookes written be the clerks or be their deputes, or copies onlie of these bookes. It was ansuered be the clerk, that they are the same, written and sub- APPENDIX. XIX scribed by the clerks owne hand; and the leaves riven out of ane of them by the Bis- chop, from the 22d to the 27th leaffe, may yet be knowen by the merkit number of the leaffis. The first Clerk wes Mr Johne Gray, who subscribed everie Assemblie with his hand. The next is also subscryved, and an memorandum on the first leaff of it, where Mr Archibald Huntar passed to the Chancellor Maiteland and receaved that volume and this uther, and the half of that which was rent by Bischope Adamsone; * * * * * * e e e s e º e s e e The third booke, the first act of it is the election of Mr James Ritchie, Clerk, which booke is all of one hand writt. The one booke is from the 60 to the 70 year. The next from the 79, wherein the Bischope of Sanct Androis is censured and excommunicat. And now in Gods providence there is in the present clerks hands, a perfite Register from the 70 year to this last Assemblie, for which all of us have reason to praise God. The com- missioner said, See that wee build on an sure foundation, and try well that these bookes be authentick. The Moderator craved, that some judicious men, and skilled in dig- noscing handwritts, might be nominat for tryell of these bookes; and intreated the Earles of Lauderdaill, Southesk, and Argyle, to take inspection of the bookes. Ar- gyle objected his youth and unskillfulness for so weightie a charge, yet at com- mand of the Commissioner he declaired his willingness to assist the worke. The Com- missioner said, that if his owne paines could contribute any thing to the furtherance of the worke, he would be ready to sitt upp day and night, but would not lay that burthen on his Assessours; for, said he, Seing it is refused that they should be members of the Assemblie, hee saw not how they could be appointed for trying of these Registers. The Moderator answered, Wee are hopeful that their Lordshipps will not refuse to further the good of this Assemblie, Seing it is said here it is not for want of due respect wee owe to their Lordshipps, but onlie for preservation of the Kirks liberties as said is. The Commissioner said, I cannot see how these that are not granted to be members of this Assemblie, can cognosce bookes containing matters of so great weight. The Moderator answered, that they can best judge. The Com- missioner said, but I cannot consent unto it: Therefore the Moderator said, let the skilliest of the clerks of Sessione, counsell and burrow clerks, such as the Laird of Durie, the clerk of Dundie, Mr Alexander Pierson, Advocate, be conjoined as their assessours, to help them of the ministerie, Mr James Bonar, Mr John Row, Mr Andro Ramsay, Mr Wm. Livingstown, Mr John Adamson, Mr Robert Murray. Mr John Row ansuered, that he had yet in his hands the Booke of the Kirk Policie, subscryved be Mr James Ritchie, clerk, which will serve to dignosce the hand writt. Mr Archibald Johnstone said, hee had the principall Book of Policie, written in Lum- bard paper, in his hand, which also would conduce to that end; this being judged to be the fittest way for tryall of the Registers of the Kirk, and makeing them to be authentick. XX APPENDIX. Sessio 5. November 26. 1638. The Moderator then said, It is now expedient that the sufficiencie of the Kirk Registers be cleared, that they may be declaired authentick. The Commissioner ansuered, it is a good work; but I have some scruples not yet removed. Then said the Moderator, let some be appointed for tryell of the Registers; for the Assemblie being now fullie constitut, after the examination of all controverted commissions, may give them commission for tryell of the Registers, and let their testimonie anent the perfection of the bookes be given in the morne. The Names of the Committee, Mr Andro Ramsay, Mr John Adamsone, Mr John Row, Mr James Bonar, Mr Robert Murray, Mr Alexander Gibsone younger of Durie, Mr Alex' Wedderburne clerk of Dundie, Mr Alex Piersone Advocat, with such others as they please to joyne with themselves, Sess. 6. November 27, 1638. The Moderator said, Let us beginne where we left at the tryell of the Records of As- semblies. There was a Committie appointed yesternight to give in their testimonie anent the authenticnes of the Registers. If it please your Grace, let their ansuere be heard. The Commissioner having assented, the Moderator called upone these who were ap- pointed for the examination of the Registers to reporte their testimonie. Durie said, Please your Grace and this reverend Assemblie, wee shall either give in our reasones be word or in writt. The Commissioner said, I desire to heare you give them in any way you please. Then the reasones of the authenticknes of the Registers were given in in writt and read by the clerk. - The Moderator said, please your Grace, heir is the testimonie of these that have skill in trying the Registers better nor any here present; hes your Grace gotten satisfaction. The Commissioner answered, verilie it is a matter of very great importance, and there shall be no man more glad nor I to see the Registers of the Kirk fund reall and pro- ven to be authentick. I am far from contradicting any thing that these worthie gen- tiemen hath done, for it were impertinent soe to doe. I can say nothing at the first hearing of a paper read, but it may be that many scruples come in my mynd concern- ing them, yea I have alreadie whereof I am not resolved. This is the first time that ever I heard it read, and therefore I cannot give my judgment of it. I must confesse my ignorance in thir things, and therefore I must be verie loath to give my assent or approbation to any thing wherein I am not both cleare and persuaded. The Mode- rator said, hes your Grace any scruples to propone for the present. The Commissioner APPENDIX. XXI said, I must think upon it before I propone them. The Moderator said, I would desire this reverend Assemblie, that if there be any here, noblemen, gentlemen, or ministers, that if they have any thing to say against this information concerning the authoritie of the Registers, that they would propone them either now by word, or in a short time by writt, that this Assemblie may make a declaration that they ar authentick, and if no objec- tion be made against them, wee will take your silence for an approbatioun of their autho- ritie: if you have anything to say, bring it foorth presentlie, if not, produce it in writt against the morne. The Commissioner said, I am verie confident that that is not the Regents hand writt. Durie answered, if it was not his hand writt it would have sic subscribitwr as all other copies use to have. I will not affirme that everie reasone given in for proving the authoritie of the books is unquestionablie good; but que.non prosunt singula, multa juvant. I daire say this farre: all the Registers of Sessione, counsell, and prime judicatories of this Kingdome are als farre short of the Registers of the Kirk, as these Registers are short of these things treated here. The Commis- sioner said, truelie, Sir, I cannot but acknowledge that these reasones hath cleared verie much, and verilie they have removed many scruples that I myself had before the hearing of them, soe that I will not contradict them; but I still doubt if that subscription be the Regents hand. Moderator said, If there be any brother that hes any coppie of James Ritchie, or John Gray, Clerks to the Assembly, their hand writt, lett them produce them to give furder informatioun, or confirme this informatioun, for possiblie some minister or other hes some record that may give testimony and approbation to this hand writt. Then Mº Johne Row produced an coppie of severall acts, and of the Booke of Policie, written by the said M. James Ritchie, and subscrived with his hand, and other brethren of the presbitrie, which hee had keeped him selff now fiftie-two years; and the hand writt of the Assemblie Booke, and the coppies being compared and seene by the Commissioner himselffe, they were acknowledged to be ane hand writt. The Moderator said, if any man have anything to oppose against any of these bookes, let him now bring it foorth, that an act may be made; for if no man produce anything, they will be acknowledged by this Assemblie to be authentick hereafter, Sess. 7. November 28. 1638. The Moderator said, wee left at the testimonie which was given by skilled men, who were appointed for trying of the Kirk Registers, and their testimonie was read in your hearing, and wee requeisted all to bring in this day their obiections and scruples con- cerning these Registers; now wee crave that [any] one who pleases would obiect: for if no man obiect, ane act or record will be insert in the Bookes of the Assemblie, de- clairing that these books are authentick. The Commissioner said, no man here shall have greater joy nor I to see the Registers of the Kirk perfyte; and no man sall con- tribute more to it than I, being a matter of so great importance and weight; for upon the Acts sett down in these Books very much depends. But because yee have heard XXII - APPENDIX. many objections made be the Lords of Clergie and their adherents against the legalitie of the proceedings of this Assemblie, I am tyed yet to say somewhat; and I am sorry that I must protest against that in word, which my heart desires not. Sore greaved Ihave reason to be to protest against Soe good a work as is the restoring of the Kirk to her Records; yet considering my many causes, which now I will not expresse, I am forcit to protest against it. For albeit these Books may be found authentick by the consent of this Assemblie, yet may I do nothing which may import either his Majesties assent to it or myne; and therefore here I make protestation against it. The Moderator said, wee onlie crave the Assemblies approbation; and if the pre- tendit Bischops, or any other, will take upon them to improve these Bookes, or any part of them, they salbe heard. It is pittifull that there sould be such a fearfull rent in our Church, and that any pointe of the cause of it sould be impute to auctoritie, if wee consider what a sweet unitie was once in this Kirk;-to cleare this unitie, I will read a testimonie out of the Preface of the Booke, called the Harmonie of the Confessioun of the Reformed Kirkes. After the reading of it in Latine, he ex- poned it, shewing the rare priviledges of the Kirk of Scotland beyond other Kirkes; that for the space of 54 years, it remained in puritie of doctrine and discipline with- out any errour or schisme; and gave a reason of it, because the Kirk of Scotland was reformed in doctrine and discipline according to the word of God: so it is cleare this Kirke once had unitie; and it is cleare also by what meanes and instruments schisme hes come in. The Commissioner said, I pray God this Kirk may injoy that puritie 40,000 years more, if the world shuld indure so lang; yet I must protest in more pathetick wordes against the auctoritie of these bookes, (for I did it in modestie before.) Albeit, I would give my estate, and venture my life, in furthering the Church to be restoired to her Registers; but because of the manifold exceptiouns I gave against the way of the meeting of this Assemblie, and against sundrie persones which are mem- bers of it, I protest heir, that neither the Kings Majestie nor the bischops be wronged be any act in these books; and that they are not oblist be the acts of any book, which is not subscryved be the clerk of Assemblie. My Lord Rothes said, your Grace promised to propone some scruples against these bookes, wherein your Grace was not yet satisfied, which wee desire to heare; for they are found of all who have tryed them, comparatively authentick, and otherwayes also. The Moderator said, wee are sure if his Grace had perused these bookes, hee would approve them also. The roll being called be the clerk, the Moderator asked if the Bretherene did approve the Registers, who answered, that they did; and desires that the reasones of the approbatione might also be insert in the Bookes of Assemblie; and that there was not any protestatione made by his Majesties Commissioner. They desired also that the Bischop of Sanct Androis might be summoned for the productioun of these bookes which are wanting. APPENDIX. XXIII ACT APPROVING THE REGISTERS. Anent the report of the Assemblies judgement of the authority of the books of Assembly; The Moderatour having desired that if any of the Assembly had anything to say, they would now declare it, otherwise they would hold all approven by the Assembly. The Commissioner his Grace protested that the Assemblies approving these books, or any thing contained in them be no wayes prejudiciall to his Majestie, nor to the Archbishops and Bishops of this Kingdome, or any of their adherents; because he had some exceptions against these books. My Lord Rothes desired these exceptions to be condescended on, and they should be presently cleared, and protested that these books should be esteemed authentick and obligatorie hereafter. The whole Assembly all in one voice approved these books, and ordained the same to make faith in judgement, and out-with, in all time comming, as the true and au- thentick Registers of the Kirk of Scotland, conforme to the testimonie subscribed by the Committie, to be insert with the reasons thereof in the books of Assembly: Whereof the tenour followeth. WE under-subscribers, having power and commission from the Generall Assembly now presently conveened, and sitting at Glasgow, to peruse, examine, and cognosce upon the validity, faith, and strength of the books and registers of the Assembly under-written, to wit: A register beginning at the Assembly holden the twentie day of December 1560, and ending at the fourth session of the Assembly holden the 28. of December 1566. Item another register beginning at the Generall Assembly, holden the second day of Iune 1567, and ending at the fourth session of the Assembly holden at Perth the ninth day of August 1572, which register is imperfect, and mutilate in the end, and containeth no leaf nor page, after that page which containeth the said inscription of the said fourth session, which two registers bears to be subscribed by Iohn Gray, scribe. Item a register of the Assembly holden at Edinburgh the seventh day of August 1574, and ending with the twelfth session, being the last session of the Assembly 1579. Item another register beginning at the Assembly holden at Edinburgh the tenth of May 1586, and ending in the seventeenth session of the Assembly holden in March 1589. Item another register being the fifth book, and greatest volume, beginning at the Assembly holden in Anno 1560, and ending in the year 1590. Having carefully viewed, perused, and considered the saids registers, and every one of them, and being deeply and maturely advised, as in a matter of greatest weight and consequence, do attest before God, and upon our conscience declare to the world and XXIV APPENDIX. this present Assembly, that the saids foure registers above expressed, and every one of them, are famous, authentick and good registers: which ought to be so reputed, and have publick faith in judgement and out-with, as valid and true records in all things; and that the said fifth and greatest book, beginning at the Assembly 1560, and ending 1590, being margined by the hand-writs of the Clerk, and reviser of the registers, cognosced, and tryed, and agreeable to the other foure registers, in what is extant in them, ought also to be free of all prejudice and suspicion, and received with credit. And in testimony of our solemne affirmation, we have subscribed these pre- sents with our hands. Sic subscribitur. Master Andrew Ramsay. Master Iohn Adamson. Master Iohn Row. Master Robert Murray. Master Alexander Gibson. Master Iames Boner. Master Alexander Peerson. Master Alexander Wedderburn. REASONS PROOVING THE FIVE BOOKS AND REGISTERS PRODUCED BEFORE THE ASSEMBLY TO BE AUTHENTICK. The books now exhibited unto us under-subscribers, which we have revised and perused by commission from the Generall Assembly, are true registers of the Kirk: to wit, Five volumes, whereof the first two contain the acts of the Assembly, from the year of God 1560, to the year 1572, all subscribed by John Gray, Clerk. The third from the year of God 1574, to the year 1579. The fourth from the year of God 1586, to the year 1589. At which time Master James Richie was Clerk, who hath frequently written upon the margine of the saids two last books, and subscribed the said margine with his hand-writing. And the fifth book being the greatest volume, containing the acts of the Generall Assembly, from the year of God 1560, to the year 1590, which agreeth with the foresaids other foure books and registers, in so far as is extant in them, and further recordeth what is wanting by them, passing by what is mutilate in them, and which with the two volumes produced by Master Thomas San- dilands from the year 1590, to this present, maketh up a perfect register. I. For the first two volumes subscribed by John Gray, albeit it be not necessar in such antiquitie to proove that he was Clerk, seeing he designs himself so by his subscrip- tion, yet the same is made manifest by an act mentioned in the third book, in the time APPENDIX. XXV of Master James Richie, who succeeded him in the said office, and his hand-writ was acknowledged by sundry old men in the ministery. - II. The uniformitie of his subscriptions through both volumes, evident by occular inspection above the ordinarie custome of most famous Notars, delivers the same from all suspicion, in facto tam antiquo. - III. There be many coppies, specially of generall acts, yet extant, which do not de- bord from the saids registers, but are altogether agreeable thereto. IIII. It is constant by the universall custom of this Kingdome, that all registers are transmitted from one keeper to his successour, and so comming by progresse and succession from the first incumbent to the last possessour, are never doubted to be the registers of that judicatorie, whereof the last haver was Clerk; and therefore it is evident, that these books comming successively from John Gray, Master James Richie, and Master Thomas Nicolson, who were all Clerks to the Assembly, into the hands of Master Robert Winrame, who was constitute Clerk depute by the said Master Tho- mas Nicolson (as his deputation here present to show, will testifie) are the undoubted registers of the Assembly: like as Alexander Blair succeeded the said Master Robert in his place of Clerkship to the assignations and modifications of Ministers stipends; and during Master Robert his life-time, was his actuall servant, and so had the said books by progresse from him, which the said Alexander is readie presently to testifie. - W. The two registers of Master James Richie, albeit not under his own hand, yet are frequently margined with his own hand-writ, and the same marginall additions sub- scribed by him, which hand-writ is seen and cognosced by famous men, who knoweth the same, and is evident, being compared with his severall writings and subscriptions yet extant. VI. The saids registers are more perfect, lesse vitiated, scored, and interlined, than any other authentick and famous registers of the most prime judicatories within this Kingdome. - VII. Master Thomas Sandilands, in name of his father, who was late Clerk by dimission of Master Thomas Nicolson, hath produced a volume, which proveth the saids two registers of Master James Richie to be sufficient records; because that same volume is begun by that same hand, whereby the said Master James Richie his regis- ters are written, and is subscribed once in the margine by Master James Richie his hand, and is followed forth, and continued in the same book by Master Thomas Nicolson, who succeeded him in the place, and was known by most men here present to be of such approven worth and credit, that he would never have accomplished a register which had not been famous and true: and whereof the hand-write had not then been known to him sufficiently. VIII. That Register produced by Mr Thomas Sandilands, and prosecuted by Mas- ter Thomas Nicolson, proves the first part of that register to be true and famous, and that first part being by ocular inspection of the same hand-writ, with Master James XXVI APPENDIX. Richies registers, and subscribed in the margine with the same hand-writ, proveth Richies two books to be good records, and Richies registers doth approve Grays books by the act of Assembly before written: specially considering the same hath come by progresse and succession of Clerks, in the hands of Alexander Blair, now living, and here present. , * IX. The compts anent the thirds of benefices between the Regent for the time, and the Assembly, in the second volume, page 147, are subscribed by the Lord Regents own hand, as appeareth: for it is a royall-like subscription, and there is no handwrit in all the book like unto it, and beareth not Sie subscribitur, which undoubtedly it would do, if it were a coppie. . X. Master James Carmichell was commanded by the Generall Assembly 1595, Sess. 9. in the book produced by Master Thomas Sandilands, to extract the generall acts forth of their books; and it is evident that these books are the same which he perused for that effect, because he hath marked therein the generall acts with a crosse, and hath designed the act by some short expression upon the margine, which is cog- nosced and known to be his hand-writ, by famous and worthy persons: which is also manifest by the said Master James his band and subscription, written with his own hand in the last leafe of the said books; as also acknowledged in the said book, pro- duced by Master Thomas Sandilands, wherein the said Mr James Carmichell granteth the receipt of these, with some other books of the Assemblies. - XI. The registers produced, are the registers of the Assembly, because in Anno 1586, the Assembly complaineth that their registers are mutilate: which hath relation to Richies third book, which is lacerate and mutilate in divers places without any in- terveening of blank paper, or any mention of hic deest. - XII. If these were not principall registers, the enemies of the puritie of Gods wor- ship, would never have laboured to destroy the same: which notwithstanding they have done; as appeareth by the affixing and battering of a piece of paper upon the margine, anent a condition of the commission not to exceed the established discipline of this Kirk, subscribed by the Clerk, book 3, page 147. And the blotting out the certification of the excommunication against Bishop Adamson, book 4, page 30, who in his Recantation generally acknowledgeth the same: but which, without that recan- tation, cannot be presupponed to have been done, but by corrupt men of intention to corrupt the books, which were not necessary, if they were not principall registers. XIII. In the Assembly 1586, the Church complained upon the Chancelour his retention of their registers, and desired they might be delivered to their Clerk, which accordingly was done; as a memorandum before the beginning of the first book, bear- ing the redeliverie of these foure books to Master James Richie, Clerk, proporteth; which clearly evinceth that these foure books are the registers of the Assembly. XIIII. The said fifth book and greatest volume, is also marked on the margine, with the hand-writ of the said Mr. James Carmichell (which is cognosced) who was appointed to peruse the books of the Assembly as said is, and would not have margin- APPENDIX. XXVII ed the same by vertue of that command, nor extracted the generall acts out of it, if it were not an approbation thereof, as an authentick and famous book. XV. The said fifth volume doth agree with the other foure books, in all which is extant in them, and marketh the blanks, which are lacerate and riven out of the same ; and compleateth all what is lacking in them. XVI. In the book of Discipline pertaining to Master James Carmichell, subscribed by himself, and Master James Richie, there are sundry acts and passages quotted out of the said fifth great volume, saying, It is written in such a page of the book of As- sembly, which agreeth in subject and quotations with the said fifth book, and cannot agree with any other; so that Master James Carmichell reviser of the Assembly books, by their command, would not alledge that book, nor denominate the same a book of the Assembly, if it were not an authentick famous book. XVII. Though the corrupt nature of man hath been tempted to falsifie particular evidents, yet it hath never been heard that any whole register hath ever been coun- terfeited; neither can it be presupponed that any will attempt that high wickedness, seeing the inducements answerable to that crime, can hardly be presupposed. - XVIII. It is certain, and notour to all these who are intrusted with the keeping of the publick records of the kingdome, that the same are never subscribed by the Clerk, but only written and filled up by servants, and most frequently by unknown hands, yet they and the extracts thereof make public faith, and the same are uncontrovertedly authentick registers; and when the most publick registers of the kingdome shall be seen, and compared with these registers of the Assembly, it shall be found that these other registers of the most soveraigne judicatories ever unsubscribed are more incor- rect, oftner margined, scored, and interlined, made up by greater diversitie of unknown hand-writs, than these books of the Assembly, which by speciall providence are pre- served so intire, that in the judgement of any man acquainted with registers, they will manifestly appear at the very sight to be true, famous, and authentick. - XIX. The fame and credit of ancient registers in this kingdome, is so much rever- enced, that if any extract be different or disconforme from the register, that extract, albeit subscribed by the person who for the time had been of greatest eminence in the trust of registers, will be rectified, conforme to the register, and have no force, so far as it debordeth there-from ; although the registers be written with an obscure, un- known hand, and unsubscribed. XXVIII APPENDIX. II. IN THE GENERAL ASSEMBLY Hold EN AT EDINBURGH, A.D. 1639. Sess. 18. 26. August 1639. ACT APPROVING AN old REGISTER OF THE GENERALL ASSEMBLY. The whole Assembly (upon the report made to them anent the old Register of the Assembly, gotten from Master John Rig) All in one voice approved the said Re- gister, And ordained the same to make faith in judgement, and out-with, in all time coming, as a true and authentick Register of the Kirk of Scotland, conforme to the testimonie subscribed by the Committee, to be insert in the Books of As- sembly: whereof the tenor followeth ; WE under-subscribers, Forsameikle as the late Generall Assembly holden at Glasgow, gave power and Commission to us, To peruse, examine, and cognosce upon the vali- dity, faith, and strength of the books and Registers of the Assembly, particularly set down in the Commission given to us thereament: According whereunto we did care- fully view, peruse, and consider the saids Registers, and gave our testimony thereof under our hands, of the validity and sufficiencie of the samine, to the said Generall Assembly. And now having a new Commission given to us from the Generall As- sembly now presently conveened and sitting at Edinburgh, To peruse, examine, and cognosce upon the validity, faith and strength of another Register of the Assembly, which was not set down and recommended to us by the said former Commission, which Register beginneth at the Assembly holden at Edinburgh the sixth day of March 1572, and endeth at the Assembly likewise holden at Edinburgh 1573; We have carefully viewed, perused, and considered the said Register: And being deeply and maturely advised, as in a matter of greatest weight and consequence, do attest before God, and upon our consciences declare to the world, and this present Assembly, That the said Register above exprest, is a famous, authentick, and good Register, which ought to be so reputed, and have publike faith in judgement and outwith, as a valid and true Record in all things, And finds the same to be of the same hand-writ, and subscribed by the same Clerk of the Generall Assembly, as divers of the said other Registers (formerly perused by us) are. And in testimonie of our solemne affirmation we have subscribed these presents with our hands, at Edinburgh the day of August 1639. APPENDIX. XXIX III. ExTRACTS FROM THE PROCEEDINGS OF THE COMMISSION OF THE GENERAL AssBMBLY 1651. Perth, 4 Jaº. 1651. Ante meridiem. ACT CONCERNING THE SECURING OF THE REGISTERS. The Commission of Assembly being desyred by my Lord Register in his letter, and by the Clerk, to consider what they thought fitt to doe with the Registers of the Kirk, which for securitie were putt in the Castle of Edinburgh, seing that hold was now surrendered to the Enemie: And they having taken it into consideration, doe appoynt the Clerk with all diligence to bring the Registers over to this syde of the water, that they may be once out from the enemies hands: And thereafter that he, with advyse of the Moderator and the Lord Register, take some course for their securitie and pre- servation in this tyme of danger; committing it to their special care; and that re- port be made thereof at the next meeting. (Minutes, p. 160.) (LETTER FROM SIR ARCHIBALD JOHNSTON, LORD CLERK REGISTER, ABOVE REFERRED TO.) RIGHT REVEREND, The parlment commands me to taike their Registars to Stir- ling Castel, tho I think they would be saifer in Dumbarton Castel, or in the Basse, provyding they be weal garrisoned and victualled. I desyre to know the advyce of the Commission whair to putt the Registers of the Kirk, as may lead most to their preservation and my exoneration: so leaving all wther things to the bearer, I rest, your humble servant, r s A. JOHNSTON. Edinburgh, 30th December [1650.] - To the Right Reverend Mr Robert Douglas, Moderator of the Commission of the General Assemblie, at Perth. xxx APPENDIX. Sanct Androis, 24 Ja” 1651. Post meridiem. ACT FOR SECURING TIIE REGISTERS. The Commission of the Generall Assembly vnderstanding by the Clerk that the Kirk Registers which were in the Castle of Edinburgh, were now brought to this side of Forth, according to a former order; and that it is the earnest desire of the Lord Re- gister by his letter, and of the Moderator and Clerk, to whom the care of securing them was committed at the last Meeting: That now the Commission would themselves prescryve what they thought fitting to be done for their security and preservation in this tyme of danger: Therefore they doe appoynt them to be putt in the Basse, to be preserved there; and the Laird of Wauchton, to whom that strength belongs, being personallie present, most gladlie offered to receave them, promissing his outmost eare to secure and preserve them from all danger. (Minutes, p. 212.) FALKLAND. 23 Aprile 1651. Post meridiem. ACT FOR THE KIRK REGISTERS. The Commission of Assembly having heard by the Clerk, that according to their former order, he had putt the Kirk Registers in the Basse; onlie the great volume, which is a double of sundrie of the old Registers, he had not putt there by the advise of the Lord Register, conceaving it was more fitting, sieing it was a double, and made an authentick Register at Glasgow, that it should rather be putt in some other sure place, than to be keeped in the same place with the remanent books and registers. The Commission of the Assembly being verie glad and well satisfied that the Regis- ters were now, in this time of trouble and danger, in the Basse, doe approve well thereof, and of the advice given by the Lord Register, and the course taken by the Clerk, for keeping that great volume, which is an authentick double of the Acts of diverse Assemblies, from the remanent Registers, to be putt in some other sure place: And do appoynt the Clerk to putt the same in Dunottar, to be keeped there safely: And that the Moderator speak or writt to the Earle Marschall, that his Lordship may be pleased to give order for receaving and securing thereof in that place carefullie. (Minutes, p. 317.) - - - APPENDIX. XXXI IV. ExTRACTS FROM THE PROCEEDINGS OF THE SYNOD OF LOTHIAN AND TWEEDDALE, 1593–1595. AT THE SYNoD of LotRIAN AND TWEDDALE, HELD AT DALKEITH, 3 APRIL 1593. Sess. 3*. iiij Aprilis 1593. TRYELL OF THE PRESBYTERIE OF HADINGTONE. Item being accusit that sum of thair brether, and in speciall, Mr James Carmichel, had nocht made the exerceis sen the last Assemblie, answerit: That Mr James was continewellie burthenit with the common cause of the kirk, quhairunto be the kirk he was employit. The Assemblie, (i. e. The Synod) finding his imployment in the com- mon turnis to haif drawin him away from the discharge of his awin calling, dischargis the said Mr James of the samin, and ordains that he awaitt vpon the cure of the kirk of Hadingtone. 1 - - - Ordanis Mr James Carmichel to collect the Acts of the Generall Assemblie, that euerie brother may haif the copie of thame. AT THE SYNOD, &c. AT EDINBURGH, 2D OCTOBER 1593. Sess. 3”. 3 Octobris. Anent the ordnance maid in the former Assemblie, ordaining Mr James Carmichell, according to his promeis, to collect the Acts of the Generall Assemblie, that euerie brother may hawe the copie of thame: And the brether of that Presbyterie [of Hadingtone] reporting that thai vnderstand Mr James to be diligent in that wark, it is ordanit that thai trawell with the said Mr James to perfyte the wark. AT THE SYNoD, &c. At DUNBAR, 3D APRILIS 1594. Sess. 3*. 3 Aprilis. Anent the ordnance maid in the last Assemblie, ordaining the brether of the Pres- byterie of Hadingtone to trawell with Mr James Carmichell, for collecting the Acts of the Generall Assemblie: According heirunto the said brether declaring that thai had trawellit with the said Mr James, quha had the said Acts in reddines: It is ordanit that he present thame to the Presbyterie of Edinburgh. XXXII APPENDIX. AT THE SYNoD, &c. AT EDINBURGH, OCTOBER 1594. Sessio 3" 2 Octobris. Anent the ordnance maid in the former Assemblie, ordaining thair brother Mr James Carmichael according to his promeis to have the extract of the Acts of the Gene- ral Assemblie and to present thame to the Presbytrie of Edinburgh. According here- wnto the said Mr James declairing that the said Acts wer in reddines gif he had the help and assistance of a wryter to help him in the wark. The Assemblie appointis the brether Thomas Greg and Daniel Wallace to assist and help the said Mr James in vryting and thairefter that the said Mr James present the said Acts to the Presbytrie of Edinburgh betuix and Februar mixt. AT THE SYNOD, &c. AT MUSSILBURGH, APRIL 1595. Sessio 3" 2 Aprilis. Anent the ordnance maid in the former Assemblie ordaining Mr James Carmichell to perfyt the wark begun be him concerning the extracting of the Acts of the Generall Assemblie. According heirvnto the said Mr James declaring that he had perfyttit twa warks, the thrid remanit, quhilk he producit before the Assemblie. Quhilk being sichtit, It is ordainit that he do quhat lyis in him to perfyte the haill wark betwix and the nixt Generall Assemblie, and for this purpos the brether appointit in the former Assemblie to assist him in vryting. AT THE SYNOD, &c. AT EDINBURGH, OCTOBER 1595. Sessio 4* (9 October.) Anent the ordinance maid in diuers assemblies of before ordaning thair brother Mr James Carmichell to perfyte the wark begun be him concerning the extracting of the acts of the Generall Assemblies. According heirvnto the said Mr James being inquyritt quhat he had done in the said wark, declairit that as yet he had not perfytit the same, the Assemblie desyritt that he wald do quhat lay in him to perfyte the same: and hes appoyntit thair brether Thomas Greg and Daniel Wallace to help him in vryting. APPENDIX. - XXXIII V. ExTRACTS FROM THE PROCEEDINGS OF THE SELECT COMMITTEE OF THE HOUSE OF COMMONS ON CHURCH PATRONAGE, 1834. Mercurii, 23° die Aprilis, 1834. Resolved,—That Mr. A. Johnston, the Reverend Dr. Lee, the Reverend Dr. Welsh, Mr. James Chalmers, of London, and the Reverend Principal Macfarlane, be request- ed to proceed to Sion College, London Wall, for the purpose of inspecting the books presented to the trustees of that College by the late Mr Campbell, and to report to this Committee if in any or in what degree, these books afford information connected with the inquiry on Church Patronage in Scotland. (signed) Geo. Sinclair, Chairman. *- Veneris, 25° die Aprilis, 1834. The Rev. John Lee, D.D., again called in; and examined. Since I had formerly an opportunity of giving evidence before the Committee, I have had access to the Records of the Church of Scotland in Sion College, London, and I am fully satisfied that those volumes (which I am quite certain are authentic records) contain a great mass of information in a more complete and certainly in a more cor- rect form than anything that has been exhibited in any of the publications upon the subject which I have ever seen. In particular, I may state that there are some of the proceedings of the Assembly, or rather Convention, of 1562, which have for at least 100 years been a matter of dispute; one entry has been quoted by several authors with relation to the Bishop of Galloway, Mr. Alexander Gordon, who, it is said by Calderwood, was refused admission to the office of superintendent because he had not observed the order of calling superintendents, and in the meantime was required to subscribe the Book of Discipline. That any such order was communicated to him has been strongly denied by some of the controversial writers upon the subject, and not without reason, because the book, which in Scotland was looked upon as the transcript of an authentic record of the Church, does not contain any such fact. 6 XXXIV APPENDIX. At the same time, I may now state with confidence, that this particular is inserted in the Record of the Church, though not by any means in the form in which it has been quoted by different writers. I perceive that there are other entries on the same sub- ject which are much more detailed in those volumes than they are in any of the books in the possession of the Assembly; but from the short time during which I had an opportunity of inspecting the volumes, I cannot be expected now to furnish any par- ticulars of importance. I merely refer to these books as sources from which authentic information may be derived. At what period does the date of that book commence, and to what period does it extend ?—It consists of three volumes; the first begins with the first General Assem- bly of the Church of Scotland in 1560, and ends in the year 1589; it contains nearly 1,300 pages, each of which is more crowded with matter than a page of this book which I now hold in my hand, and the number of pages in this book, extending to the same period, is about 380. The second volume begins with the year 1590 and ends in March 1596, or according to our present computation, 1597. The third be- gins with May 1597, and ends in August 1616. These books embrace the whole period between 1560 and 1616. Here is an abstract of the contents of the whole books made before they were deposited in Sion College; it contains a fac-simile of the man- ner in which the books are attested both at the beginning and end. Can you produce the Report of the Committee appointed to inspect the books be- longing to Sion College 3–This is the Report, which I now beg to give in. [The Witness delivered in the same, which was read, as follows :] London, 24 April 1834. In obedience to the order of the Committee of the House of Commons on Church Patronage, Scotland, we have this day, within the Library of Sion College, London Wall, inspected three books, in manuscript, bearing to be records of the proceedings of the General Assembly of the Church of Scotland, from 1560 to 13 August 1616. We have also read the deed of agreement, by which said books were gifted by Mr. Archi- bald Campbell to the trustees of Sion College; and we crave leave humbly to report, 1st, That in our opinion, these Records are the genuine and authentic register of the proceedings of the General Assembly of the Church of Scotland, for the above period; and, 2d, That they contain much information connected with the enquiry on Church Patronage in Scotland. And” Johnston. John Lee. I). Macfarlan. Ja. Chalmers. Perhaps I may be allowed to state in addition, that the Committee were at pains to compare the earliest and most important volume with a document which I formerly produced before the Committee, containing, along with other matters, the Book of APPENDIX. XXXV Discipline, which belonged to Mr. James Carmichael, minister of Haddington. This document is referred to in the Acts of the General Assembly, 1638, in which the reasons for considering that earliest volume an authentic register are inserted; and not only did the book appear to be in the hand-writing which is stated in the Acts of the Assembly to be at least partly found in it, but it likewise contained passages which are there said to be found in particular pages marked by Mr. James Ritchie, the Clerk of the Assembly. The passage is very remarkable, but it would detain the Committee perhaps to mention it, though if any report is to be given upon the subject it might be material. It is stated in the printed Acts of the General Assembly, 1638, that what is called “the 5th book and greatest volume is marked on the margin with the hand-writing of Mr James Carmichael, which is cognosced, who was appointed to peruse the books of the Assembly, and would not have margined the same by virtue of that command, nor extracted the general acts out of it, if it were not in approba- tion thereof as an authentic and famous book. In the Book of Discipline pertaining to Mr. James Carmichael, subscribed by himself and by Mr. James Ritchie, there are sundry acts and passages quoted out of the said 5th great volume, saying it is written in such a page of the Book of Assembly, which agreeth in subject and quota- tions with the said fifth book, and cannot agree with any other; so that Mr. James Carmichael, reviser of the Assembly Books by their command, would not allege that book, nor denominate the same a book of the Assembly, if it were not an authentic famous book.” Now this little volume to which I have referred contains references to pages 839, 873, and 828, all of which on comparison were found to correspond with that earliest record. Have you any further particulars to communicate collected from the inspection of the books at Sion College 7—No, I think that nothing occurs to me, except that the second and third volumes are subscribed in a hand-writing which is well known to me, that of Thomas Nicolson, who was long Clerk of the Assembly; and on a former occasion I had an opportunity of comparing the hand-writing of that individual with the hand-writing which is upon these two volumes. - Veneris, 2" die Maii, 1834. The Rev. Robert Watts, junior, called in and Examined. Have you any communication to make to the Committee with regard to the order that was transmitted for sending the books at Sion College to this Committee ?—I was directed to give the Committee this paper for their inspection. XXXVI APPENDIX. [The Witness delivered in the same, which was read, as follows:] At a Meeting of the Governors of Sion College, holden on Thursday, the First day of May 1834; Present—The Rev. Mr. Burgh, President; Mr. Bellamy, º Mr. Saunders, } Deans; Mr. Beresford, Assistant: The Secretary stated, that he had summoned this court in consequence of the Rev. Robert Watts, junior, Assistant Librarian having received a summons from a Select Committee of the House of Commons on the Patronage of the Church of Scotland, to produce the three volumes of the Book of the Church of Scotland, gifted by the late Mr. Archibald Campbell, and also the deed of gift of the said books. Upon which the Court took this matter into their consideration; and the deed of gift being read, It was resolved, That this Court are extremely anxious to comply with the order of the Committee of the House of Commons, so far as is consistent with the trust under which they hold the books, and are therefore willing that any inspection of them should take place, and that a transcript should be made of the said books by such persons as the Committee may appoint, but that the deed of gift expressly restricts them from part- ing with the custody of the books themselves. That the Rev. Mr Watts, junior, do attend the said Committee to-morrow, and produce to them the deed of gift; and humbly express to them the opinion of this Court, which has been corroborated by that of Sir Nicholas Tindal when solicitor- general; and that this Court trust the Committee will not compel them to part with the custody of the manuscripts, in express violation of their trust. Have you any thing further to state to the Committee upon this subject 7–With regard to the deed of gift, just at the conclusion of it, the Committee will observe, that the copies are directed to be made in the Library; that is the part upon which the directors found their desire not to give them up. It is implied, at least their legal advisers say so, that they are not to let them go out of the Library. [The Witness withdrew.] The Witness was again called in, and informed that the Committee had re- solved that the books should be produced on Monday next. APPENDIX. XXXVII Iwnoe, 5° die Maii, 1834. The Rev. Robert Watts, Junior, called in, and further easamined. Will you produce the books which you were ordered to produce on the last occa- sion ?—These are the books. Will you have the goodness to state what those books are which you produce — Manuscript Records of the Kirk of Scotland. How many volumes are there, and of what date 3–Three volumes; from 1560 to 1619. [The same were delivered in.] [The Witness withdrew.] The Witness was again called in and informed, that the Committee wished the books to lie upon the Table for their inspection, and that the Committee would send to him when they wished them to be returned. XXXVIII APPENDIX. VI. THE FOLLOWING LIST OF THE ORIGINAL BOOKS OF THE GENERAL ASSEMBLIES OF THE CHURCH WILL SERVE TO EXHIBIT IN ONE VIEW THEIR DATES AND HISTORY. . Dec. 20, 1560 to Dec. 28 º) & º 2 2 P I º º . June 2, 1567 — Aug. 9, 1572. roduced in 1638 by Warriston . March 6, 1572 – March 6, 1573. Produced in 1639 by Rigg. . Aug. 7, 1574 — July 1579. July 12, 1580 – Oct. 1583, \ e e 5 I • . May 10, 1586 – March 1589. J Produced in 1638 by Warriston. Aug. 1, 1590 – May 17, 1597. }P & -> 1 tº M. i.i.;_A. i. i.) Produced in 1888 by Sandilands Of these eight Original volumes, the four recovered by Warriston and produced to the Assembly 1638, viz. the first, second, fifth, and sixth, and that produced by Rigg in the Assembly 1639, being the third of the series, have not been traced beyond their transfer from the Bass to the Tower of London. Of the fourth original volume, no trace whatever has been found. In the Assembly 1638, it was evidently conjectured or supposed to be in the possession of Archbishop Spottiswood. The two original volumes, viz. the seventh and eighth, obtained by Sandilands from the Archbishop, and produced to the Assembly 1638, together with the large duplicate volume, re- covered by Warriston, were certainly those ultimately destroyed in 1834. APPENDIX. XXXIX VII. DoctMENTS REFERRED TO IN THE PREFACE, PAGE Ix. 1.—LETTER FROM MR WILLIAM GRANT OF PRESTON-GRANGE, PROCURATOR OF THE CHURCH, MAY 3, 1733. To the very Reverend Moderator of the General Assembly of the Church of Scotland at Edinburgh. REVEREND SIR, The Commission of the last General Assembly, by their Act of the fourteenth of March last, did appoint me to take a view of a Manuscript of the old Acts of Assembly, and if I judged them true and authentick, to cause the same to be transcribed. In obedience to this appointment, I have several times view'd the Mss. and con- ferred with Mr Campbel, the Proprietor of them; but neither can I take upon me to judge whether they are true or authentick, tho to be copyed I think they would well deserve. But the Gentleman insists on other conditions than were at first explained or made known to the Commission, or to me till I saw him here. All therefore that I can do, is to explain as well as I can at a distance, what these Mss. are, and upon what terms we can have the Mss. or a Copy of it; and then the General Assembly may judge what shall be done. To give you some view of the contents of these Books, which are three Volumes, one greater, and two smaller, and all in Folio, I have employed one to take a note of the several Assemblys, their date of commencement, and number of Sessions, and the time appointed for the meeting of the next Assembly, as oft as that is found in the Mss. And a great part of this Abstract I have myself compared, and corrected by the Mss. itself, and the rest caused to be done by another than the transcriber. He has likewise set down the words prefixed and subjoined to the great Volume, which appears to be signed by A. Johnstoun of Waristoun; and the Title prefixed to the 2d Volume; and the names of Moderators; and the places where subscriptions ap- pear in the Mss. This was the best view that I could think of giving, such as could be sent in a letter. Any account or abstract of the contents or matters of the Acts themselves would have been bulky, and required time to prepare. The subscriptions appear to me to be true and original. Those of Waristoun to the first Volume I compared with three other authentic Subscriptions of his, fur- f XL APPENDIX. mished by his son the Secretary; and with these the Mss. agrees, except in the (hon) h", which is thus writ in the Book, tho the others have no such tail subjoined; yet the air and appearance agree together; and perhaps that singularity was added to his Office-Subscriptions, to distinguish these from his ordinary ones. The other two Volumes are both signed by T. Nicolson; but I had nothing to compare these with, tho they have likewise the appearance of originals. Such are these Mss. and upon them the Hon. Mr Archibald Campbell, the owner, sets a very high value; and declares his resolution, that if he shall not part with them, or publish them in his own lifetime, he will take care that they shall be carryed out of this Kingdom, where they cannot be come at, after his decease. His present Resolutions and demands are these : That in case encouragement shall be given for printing the Mss. he will then allow it to be copyed in order to Publication, and not otherwise. That the General Assembly shall be at the charge of making a Copy for the Press, which will cost about £30 Sté. That being published, the General Assembly may retain the Copy that shall be so made, and collated with the Original; and shall further have the refusal, or first offer of the Original Mss. itself, they being willing to give him the same price for it, that he can get from any other person. What will be encouragement sufficient for printing it, you’l see by Mr Millar the Bookseller's Proposal; and it is in case 300 Subscriptions shall be obtained in Scotland. At the same time, it is not meant or desired that the Publication should be by authority of the Church, as if these were cognosced and judged authentick Registers; but merely as the act of the private Proprietor of the Mss. Mr Campbel thinks, that for the Mss. itself, even after it is printed, he can get a hundred Pounds St. - Thus I have laid before you the case as it stands, and shall not presume to offer any opinion. The Mss. appears to be valuable, and well worth having, either the Principal, or an Authentick Copy, if it could be had on reasonable terms. And the question to be determined is, Whether the value of this, or the difference betwixt this and such other Mss. as we have already in Scotland, be worth the purchasing on the terms above mentioned. I am, with great respect, REVEREND SIR, Your most Humble and most Obedient Servant, WILLIAM GRANT. London, May 3d 1733. * See fac-simile of Wariston's signature, page XLVI. APPENDIX. XLI 2.–PROPOSALS FOR PRINTING BY SUBSCRIPTION.—THE ACTS OF THE GENERAL AS- SEMBLY OF THE CHURCH OF SCOTLAND FROM THE REFORMATION TO 1616 INCLUSIVE, IN 2 WOLS. IN FOLIO. I. This Book will contain about 200 Sheets, and will be printed on a good Paper and Letter. - II. The Work shall be put to the Press so soon as 300 Copies are subscribed for, and it shall be Published in Six Months after such a number is procured. III. The Price to Subscribers to be 2d 9. Sheet, but as the number of Sheets it will make is uncertain, half a Guinea is proposed to be paid down, and the Remain- der on the Delivery of a Book in quires. IV. Those who subscribe for Six shall have a Seventh Gratis. N.B. The Names of the Subscribers shall be Printed before the Work. Subscriptions are taken in by And" Millar Bookseller, against St Clement's Church in the Strand, London: and by Gavin Hamilton, Bookseller in Edinburgh. 3.—MR Wod Row’s LETTER ANENT REGISTERS. OCT. 29, 1733. DEAR SIR, Yours of 10 did not reach me till the 17. I have carefully perused all the Papers you so kindly send me, and have collated the Table which I see hath 2 or 3 errors in it, John Hay for George Hay, and some others. The abstract gives some more light; but if it had noticed the first and last words of every Session, it would have afforded much more. Now I am satisfied, The Record in Mr Campbells hands, is distinct and a different copy from these we have in Scotland: But whether the differences be so considerable betwixt them as to answer the high price he setts on his Mss. I cannot yet judge. Indeed I hesitate much upon it. Before I come to give you the deffects I observe in my copy, which I suppose agrees very much with that Dr Fraser sent down, and the 5 or 6 others we have, let me observe from the printed Acts of Assembly 1638, p. 3. line last. Fol. edit. that at that time there were many copys specially of General Acts then extant, which they say agree with the Registers which they are proving to be authentick. Of this kind I take our present copys to be. These Acts of general use were appointed to be ex- tracted by Mr Craig and others about 1592: But whether our copys be that extract I cannot say. They seem to be very large, and contean many things as to particular persons, one would think are of no general use. The observations that offered themselves to me, upon collating the large Abstract XLII APPENDIX. and short Table with my copy are these. The adjournments in the Record are pretty often wanting in the copy. The Moderators alwise agree. The Title of the Assemblys differs more in words then in sense as far as the Abstract goes. The Re- cord generally leaves out Superintendants, Ministers, and Commissioners from Shires and Countrys, which is pretty often in the Title of the copy. Two things make the Table the more useless to me in this collation. The Copy pretty often agrees in the number of Sessions; but then it leaves severall of them. It will have Sess. 1 & 3 & 6. and yet they agree in the totall number; and its probable from the Abstract 1562, that Sessions in one Assembly are putt together, without numbering; and perhaps the Table is taken from the last number of the Record, and may want some of the intermediat Sessions. Some of the differences I have observed between the Record and Copy are as follow. Ass. 1563, Dec. 25, Session 2d is wanting in the Copy. — 1564, June 25, Session 3d is wanting in the Copy. In both these the Mss. Calderwood hath extracts which the Copy wants. From this and Calderwoods numbering every Assembly exactly the same way with the Table, I guess Calderwood hath made his extracts from the Records. Ass. 1567, July 21. Sessio 4 & 5 wanting in the Copy. Calderwood hath extracts out of the 5 Session. Ass. 1567, Dec. 25. 6 & 7 Sessions wanting in the Copy. Calderwood hath extracts from both. Ass. 1568, Feb. 25. The dates of the dayes of the Sessions differ, and the Copy wants Sess. 6. which Calderwood hath extracts from. Ass. 1569, July 4. Sessio 4 is wanting in the Copy. Calderwood also hath extracts from it. Ass. 1569, March 1. The Copy wants Sess, 4 & 5. 6. which Calderwood also gives extracts from. Ass. 1570, July 5. Sess. 6, is wanting in Copy. — 1570, Mar. 5. Sess. 6, is wanting in Copy. — 1570, (1571) Aug. 6. Sess. 3 & 4 wanting in Copy. — 1571, Jan. 12. Sess. 4, 5, 6, wanting in Copy. — 1571, March. Sess. 4 wanting in Copy. — 1572, August. Sess. 4 wanting in Copy. — 1572, March 6. Sess. 2, 4, 5, wanting in Copy. Calderwood gives extracts of some of these, but not alwise. About this time Bishop Adamsons lacerations begin. Ass. 1572, August 6. Sess. 4 & 5 wanting in Copy. — 1573, March 6. Sess. 2, 4, 6, wanting in Copy. — 1574, August 7. Sess. 4 & 5 wanting in Copy. Here the Abstract ends. I doubt the Table is not so exact, Houever in what fol- ows, I nottice these differences. APPENDIX. XLIII Ass. March 1574. Copy wants Sess. 2, 3, 4, 5, 6, 7. This I imagine is one of Adamsons tearings. - In severall Assemblys the Record hath a Session or 2 more than the Copy, as Ass. 1575, 1578, 1583, 1587, 1591, 1600. Ass. 1610, The Record hath 5 Sessions. The Copy hath no distinction. Ass. 1616, Record hath but one Session. Copy hath 18 Sessions. Neither Record nor Copy have the Assembly at Perth 1618. Calderwood hath it. Upon the whole, I am ready to think, that the differences are not very great be- tween the Record and our Copys; and that Calderwoods Mss. will very much supplye these deffect of this. I shall be in better case to write when I collate my Copy with Calderwoods Mss. as I incline to doe this winter, if I recover my further strenth, which is but uncertain, severall lesser tumors rising upon my breast. Under your correction, and the Committys that have this matter before them, I shall offer my present thoughts upon the whole. The Great Book now in the Honorable Mr Campbells hands, in my opinion, is the 5 Register which is named Act. Ass. 1638 p : 2: called the Greatest Volume, and declared free of all prejudice and suspicion, and to be received with credite, as mar- gined by the hand write of the Clerk, and agreeable to the 4 preceeding Books. At first when I read the Abstract you sent me, and observed in your letter that S. Sub- scribitur is not added to Gray's subscriptions, as in my Copy, I inclined to think this volume to have been the 4 volumes mentioned by the Assembly 1638 bound up in one. But besides Lord Warriston's declaration, that this is the Great Book, that is the Greatest of the 5, and the 5th Register, the division of the Tomes in the Table doth not agree with the volumes mentioned in the Acts of the Assembly 1638. You will see page 2d, that the 2d Register and 2d Tome in the Table end Assembly, August 1572. And the 3d Register lying before the Assembly 1638, con- teans the Assemblys from 1574–1579, which is the 4 Tome of the Copy in the Ho- norable Mr Campbells hands. And in the Registers before the Assembly 1638, there is a gap between 1572 and 1574, which youl see by the Table is made up in Mr Campbels Record, Tome 3d. So that its impossible this Record can be the same with the 4 volumes lying before the Assembly 1638, and declared to be famouse, authentick and good Registers by them : Besides in the Table the 5 Tome conteans the Acts of Assemblys from 1579 to May 10, 1586, which are wanting in the 4 vol- umes of Registers before the Assembly 1638: And so this greater volume conteans these years which were not in the authentick Registers; and then the 6 Tome comes in as the 4 volume of Registers before the Assembly 1638: So that I am pretty posi- tive this Record is not the authentick 4 volumes of Registers, but the greatest volume the Assembly 1638 speaks of All which is confirmed from the description given, Acts of Assembly 1638, p. 3 a medio, “That this greatest volume conteans the Acts from 1560—1590, and agrees with the 4 Books and Registers, as farr as is extant in XLIV APPENDIX. them; and further recordeth what is wanting by them, passing by what is mutilat in them;” that is Bishop Adamsons tearings. These remarks, I think, settle the point, that Mr Campbells Record is not the Principal Authentick Acts before the Assembly 1638, but a Copy of them signed on the Margine by Mr James Ritchie, the Clerk, and copied by his servant, which are declared by Assembly 1638 to be conform to the Registers, and free of all suspicion, and deserving credite. When I am upon this, youl be pleased to inspect the Copy Dr Fraser sent doun to Colledge, and particularly the subscription. I mind on my transient view of it, its signed Nicholson: But I dont mind, whether it be James Nicholson or Thomas Nicholson. If Thomas Nicholson, I make little question but its a Copy taken off the originals then in their hands, by that Gentleman who was 3d Clerk to the Assembly. If James Nicholson, he was Moderator of the Assembly 1595; and it may be, hath been a copy taken for his use at that time. You can only judge of this by occular inspection. However this be, I am of opinion, this ought to be signified in your correspondence with the Honorable Mr A. Campbell, that his Record is not the original Registers before the Assembly 1638; but only the Greater Book, which is declared worthy of credite : because they collated it with the Original Records. This ought at least to bring doun his very high demands, for his Mss. the wanting of S. Subscribitur to Grayes subscription will not ballance what is above, and might be a slip of the Transcriber. Allow me only to add, that before you can deal with Mr Campbell to any purpose, either your Copy taken off Dr Fraser's must be sent up to London, to be carefully collated by some body of sense with Mr Campbells Record, and the differences care- fully marked; at least the first sentence and last of every Session that your Copy wants, should be sett doun, if Mr Campbell will allow: or Mr Laudon, or any youl imploy, must go through your Copy, and give the Assemblys with their dates, and the first and last words of every Session, with the first and last words, or at least the Tittles of the Principal Papers conteaned in the different Assemblys. For instance, Assembly, April 24, 1581, the 2d Book of Discipline is insert. Assembly, May 10, 1586, a list of Presbitrys through Scotland is insert. Assembly 1590, Agust 4, the list of the members of Assembly are insert. By this collation Mr Campbell will not be wronged, and you will be in case to judge the true value of his Record. When this is done, if the difference be but trivial between our Copyes and his, and especially if we can make them up from Calderwoods Mss. History, I cannot say I would be for giving him above 40 or 50 Pound for his Record, since he will see our Copys are not farr short of it. So much, had we money to give, I wish were given to have one of the Registers approven by the Assembly 38. If it come out otherwise, then other methods must be taken with an old poor man APPENDIX. XLV not very friendly to our Constitution, and in his oppinions already farr gone over to Rome. In no case I would be for printing the Record, except it were revised by a Com- mitty named by the Assembly; and such things as are not of general use be left out. I gave you my reasons for this when here. There are Acts contradicting one another, and many things unfitt for the public view. And no wonder when the Church was but just emerging from Popish ignorance and confusion; and it was 20 years before Presbitrys were established; and 9 before any regulation was made, who should be members; and generally all came who were Ministers, and well affected to the Reformation, who wer of any rank. I would be much rather for a collection for the summ that shall be agreed on with Mr Campbell for his 3 volumes. And I hope we are not so low but 2 or 3 hundred Pound might be gathered from Ministers and well disposed persons at Guineas a peice, with a promise of a Copy of the Acts of Assembly of generall use, when the Assem- bly sees fitt by their orders to print them, which I think might be done. And our friend A. Millar, who hath made this discovery to us, should be considered in that matter. I fear the Churches funds are so much embarrassed, that little can be hoped for from them. If Mr Campbell should be unreasonable in his demands, what offers to me under correction is, that propper hands should be imployed to deal with Secretary John- stoun, that the state of the matter should be laid before him ; and the Churches claim upon these 3 volumes of Records, signified to him; and even our claim upon him as his father's Representative, for what belonged to the Assembly, and is attested by his father in the Churches name. His claim on Mr Campbell might likewise be urged. In that case, the Secretary might easily deal with Mr Campbell in concert with you here. All this is proposed in much submission to your better judgement. I only mention these things as hints which may open the dore to somewhat more ripe and digested from you and the Committy which have this matter before them. I know you will take all as well meaned, and make allowances. Allow me to subscribe myself, Dr Sir, Your most Humble Eastwood Oct 29 And Affect Servt. 1733. RO, WODROW. XLVI APPENDIX. VIII. A TABLE OF THE GENERAL ASSEMBLIES OF THE CHURCH TAKEN FROM THE ORIGINAL REGISTERs, AND REFERRED TO IN THE PRECEDING LETTERS. “The buil, of the vniuersall kirk of Scotland quhairin the Acts and Conclusiones devisit be the Ministaris and Comissionars of the particular kirks thairof are severally expressed and containid.” “This is the great volume aprovin be the general assemblee at Glascou in November 1638.” A SHORT VIEW OR TABLE Of the Generall Assemblies of the Kirk of Scotland from the year of our Blessed Lord 1560, that she reformed from the Church of Rome, to the year 1617, which was fourteen years after King James the Sixt of Scotland's Accession to the Crown of England, taken from the original authentick approved Records of the Kirk for 56 years; in severall of which Assemblies King James was personally present. Assemblies. Places. Day. Moneth. Year. Sessions. Moderators. Assem. 1, Edinburgh, 20 December 1560. 3 Sess. Assem. 2, Edinburgh, 27 May 1561. 3 Sess. Convº. Edinburgh, 30 Junij 1562. 6 Sess. Assem. 3, Edinburgh, 30 Junij 1562. 6 Sess. Assem. 4, Edinburgh, 25 December 1562. 5 Sess. Assem, 5, St Johnstoun, 25 Junij 1563. 4 Sess. Assem. 6, Edinburgh, 25 December 1563. 6 Sess. Mr John Willock. Assem. 7, Edinburgh, 25 Junij 1564. 6 Sess. Mr John Willock. Assem. 8, Edinburgh, 25 December 1564. 3 Sess. John Erskine. Assem. 9, Edinburgh, 25 Junij 1565. 4 Sess. Mr John Willock. Assem. 10, Edinburgh, 25 December 1565. 4 Sess. John Erskine. Assem. 11, Edinburgh, 25 Junij 1566. 2 Sess. John Erskine. Assem. 12, Edinburgh, 25 December 1566. 4 Sess. John Erskine. Endis the First Tome. APPENDIX. XLVII Assemblies. Assem. 13, Assem. 14, Convº. 1, Assem. 15, Assem. 16, Assem. 17, Assem. 18, Assem. 19, Assem. 20, Convº. 2. Assem. 21, Assem. 22, Assem. 23, Convº. 3, Assem. 24, Assem. 25, Assem. 26, Assem. 27, Assem. 28, Assem. 29, Assem. 30, Assem. 31, Assem. 32, Assem. 33, Assem. 34, Assem, 35, Assem. 36, Assem. 37, Assem. 38, Assem, 39, Assem. 40, Assem. 41, Assem. 42, Assem, 43, Places. Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Stirline, Edinburgh, Edinburgh, Edinburgh, Stirling, Leith, St. Andrews, Perth, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Stirling, Edinburgh, Edinburgh, Dundee, Edinburgh, Glasgow, Edinburgh, Endis the 3 Tome. 7 August 7 Marche 6 August 24 Apryle 24 October 24 Aprile 25 October 24 Aprile 11 July 24 October 7 July 12 July 20 October 24 Aprile 17 October Day. Moneth. Year. 25 Junij 1567. 21 July 1567. 18 December 1567. 25 December 1567. 1 July 1568. 25 December 1568. 25 February 1568. 5 July 1569. 25 February 1569. 1 Merche 1569. 5 July 1570. 5 Merche 1570. 6 August 1570. 12 January 1571. 6 Merche 1571. 6 August 1572. Endis the 2 Tome. 6 Merche 1572. 6 August 1573. 6 Merche 1573. 1574. 10 Sess. . 12 Sess. 7 Sess. 7 Sess. 8 Sess. 1574. 1575. 1576. 1576. 1577. 1577. 13 Sess. 1578. 10 Sess. 4 Sess. 8 Sess. 1579. 10 Sess. Endis the 4 Tome. 1578. 1578. Sessions. 4 Sess. 5 Sess. 3 Sess. 7 Sess. 5 Sess. 1 Sess. 6 Sess, 5 Sess. 1 Sess. 11 Sess. 6 Sess. 6 Sess. 4 Sess. 6 Sess. 4 Sess. 4 Sess. 7 Sess. 8 Sess. 7 Sess. 9 Sess. 1580. 10 Sess. 1580. 13 Sess. 1581. 10 Sess. 1581. 23 Sess. Moderators. Mr George Buchanan. Mr John Row. Mr John Row. Mr John Willok. Mr John Knox. Mr David Lindesay. Mr Wm. Christison. Mr John Spottiswod. Mr John Craig. Mr Robt. Pont. Mr John Hay. Mr Gilbert Gardin. Mr Gilbert Gardin. Mr Robt. Hamilton. John Erskin of Dwn. David Fergusson. Mr Alexr. Arbuthnot. Mr Andrew Hay. Mr John Duncanson. Ja. ABp. of Glasgow. Mr Robt. Pont. Mr John Row. Mr John Craig. Mr Alexander Arburnot. Mr David Lindesay. Mr And. Mellvill. Mr John Row. David Fergusson. Mr Tho. Smeton. Mr James Lawson. Mr Andrew Hay. Mr Robt. Pont. Mr John Craig. 9 XLVIII APPENDIX. Assemblies. Assem. Assem. Assem. Assem. Assem. Tomus Assem. Assem. Assem. Assem. 44, 45, 46, 47, 48, 6. 49, 50, 51, 52, Places. St. Andrews, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Day. Moneth. 24 Aprile 27 Junij 9 October 24 Aprile 10 October Year. 1582. 1582. 1582. 1583. 1583. Sessions. 14 Sess. 7 Sess. 20 Sess. 13 Sess. 16 Sess. Endis the 5 Tome. 10 May 20 June 6 February 6 August 1586. 1587. 1587. 1588. 18 Sess. 18 Sess. 18 Sess. 14 Sess. Moderators. Mr And. Melvill. Mr And. Melvill. David Lindesay. Mr Tho. Smeton. Mr Robt. Pont. Mr David Lindesay. Mr And. Melvill. Mr Robert Bruce. Mr Tho. Buquhannan. This is the great Volume aprovin be the Gen. Assemblee at Glascouin November 1638. A. JHONSTON, Cls. Eccl. Register of the Acts of the Generall Assemblie of the cropes and zeiris of God I” wº lawa’ai-lawaja.wi inclusivá Edinburgh, 4 August Edinburgh, 2 July Edinburgh, 22 May Dundie, 24 Apryle Edinburgh, 7 May Montrose, 24 June Edinburgh, 23 Merche Perth, 1 Merche Dundee, 10 May Dundee, 7 Marche Montrois, 18 Marche Bruntyland, 12 May Holyruidhouse, 10 November Lythgow, 26 July Glasgow, 8 June Aberdeene, 13 August Be Assem. Assem. Assem. Assem. Assem. Assem. Assem. Assem. Assem. Assem. Assem. Assem. Assem. Assem. Assem. Assem. 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 1590. 1591. 1592. 1593. 1594. 1595. 1595. 1596. 1597. 1597. I600. 1601. 1602. 1608. 1610. 1616. 17 Sess. 18 Sess. 23 Sess. 9 Sess. 18 Sess. 9 Sess. 13 Sess. 7 Sess. 10 Sess. 13 Sess. 9 Sess. 5 Sess. 6 Sess. 8 Sess. 5 Sess. 1 Sess. Clark depute yºto. Mr Pat. Galloway. Mr N. Dalgleshe. Mr Rob. Bruce. Mr David Lindesay. Mr And. Melvill. Mr James Nicolson. Mr Rob. Pont. Mr David Lindesay. TH. NICOLSON. Mr Robt. Rollok. Mr Peter Blackburn. Mr Robert Wilkie. Mr John Hall. Mr Pat. Galloway. Ja. Law Bp. of Orkney. John ABp. of Glasgow. John ABp. of St. An. drews. TH. NICOLSON. APPENDIX. . XLIX IX. IN THE GENERAL ASSEMBLY HELD AT GLAsgow, 1638. Act. Sess. 12. December fourth. THE SIX LATE PRETENDED ASSEMBLIES CONDEMNED. Anent the report of the Committie, for trying the six last pretended Assemblies: They produced in writ sundrie reasons, clearing the unlawfulness and nullitie of these Assemblies: which were confirmed by the registers of the Assembly, the books of Presbyteries, the Kings Majesties own letters, and by the testimonie of divers old re- verend Ministers, standing up in the Assembly, and verifying the truth thereof. The Assembly with the universal consent of all, after the serious examination of the rea- sons against every one of these six pretended Assemblies apart, being often urged by the Moderatour, to informe themselves throughly, that without doubting, and with a full perswasion of minde, they might give their voices, declared all these six Assemblies of Linlithgow 1606 and 1608, Glasgow 1610, Aberdeen 1616, St Andrews 1617, Perth 1618. And every one of them to have been from the beginning unfree, unlaw- full, and null Assemblies, and never to have had, nor hereafter to have any Ecclesi- astical authoritie, and their conclusions to have been, and to bee of no force, vigour, nor efficacie : Prohibited all defence and observance of them, and ordained the rea- sons of their nullitie to be insert in the books of the Assembly: Whereof the ten- nour followeth. REASONS FOR ANNULLING THE PRETENDED ASSEMBLY, HOLDEN AT LINLITHGOW 1606. I. From the indiction of it. It was indicted the third of December, to bee kept the tenth of December. And so there was no time given to the Presbyteries, far distant, neither for election of Commissioners, nor for preparation to those who were to be sent in Commission. The shortnesse of the time of the indiction is proved by the Presbyterie books of Edinburgh, Perth, and Hadingtoun, &c. II. From the want of a lawfull calling, to these who went to that meeting, seeing they were not at all elected by their Presbyteries, but were injoyned to come by the Kings letters. This also is proved by the forsaids books of the Presbyteries, and by his Majesties letters. III. From the nature of that meeting, which was only a private meeting, or con- vention, for consultation to be taken by some persons of sundry estates written for, as the Kings letters and the Presbyterie books do acknowledge. IIII. From the power of these Ministers who were present Their Presbyteries did limitate them : First, That they should give no suffrages in that meeting as a gene- rall Assembly. Secondly, That they agree to nothing that may any wayes be preju- E, APPENDIX. diciall to the acts of the generall Assemblies, or to the established discipline of the Kirk. Thirdly, That they should not agree to resolve or conclude any question, ar- ticle, or mater whatsoever, the decision whereof is pertinent, and proper to a free generall Assembly. Fourthly, If any thing be concluded contrary thereunto, that they protest against it. These limitations are clear by the Presbyterie books. V. The acts of this meeting were not insert in the book of Assemblies, as is evident by the registers. VI. The next pretended Assembly at Linlithgow, 1608, doth acknowledge the As- sembly, whereof Master Patrick Galloway was Moderatour, to have been the last immediate Assembly, preceeding itselfe: and that Assembly whereof he was Modera- tour, was the Assembly holden at Halyrood-house, 1602. So they did not acknow- ledge that meeting at Linlithgow, 1606, for any Assembly at all. This is clear by the registers of the Assembly, 1608, in the entrie thereof. REASONS FOR ANNULLING THE PRETENDED ASSEMBLY AT LINLITHGOW, 1608. I. Manie of the voters in that pretended Assembly had no lawfull commission from the Kirk, to wit, 42. Noblemen, officers of state, Counsellours, and Barrons, also the Bishops, contrare to the act of Dundie, 1597. And one of their caveats. The Noble men were as commissioners from the King, the Bishops had no commission at all from the Presbyteries, for every Presbyterie out of which they came, had their full number of Commissioners beside them, as the register of the Assembly beareth II. In a lawfull Assembly there should be none but Commissioners from Presby- teries, Burghs, and Universities, and but three ministers at most, with one Elder, Commissioners from every Presbyterie, according to the act made at Dundie, 1597. But in that pretended Assembly, there were foure ministers from the severall Presby- teries of Edinburgh, and Cowper, five from the Presbyterie of Arbroth, as the roll of the said pretended Assembly beareth; whereas there were no ruling Elders sent from Presbyteries, according to the book of policie and act of Dundie. REASONS FOR ANNULLING THE PRETENDED ASSEMBLY AT GLASGow, 1610. I. The Commission of the pretended Commissioners to that meeting was null. I. Because the election of them was not free, seeing they were nominate by the Kings Letters, as the Presbyterie books of Edinburgh, Perth, and Hadingtoun declare. And the Bishop of St Andrews in his letter to some Presbyteries, required them to send such Commissioners as the King had nominate: Assuring them, that none other would be accepted. This the Bishops letter registrat in the Presbyterie books of Hadingtoun doth cleare. 2. And whereas there were no ruling Elders sent from the Presbyteries to that pretended Assembly, as the roll of Commissioners sheweth; yet there were more ministers from sundrie severall Presbyteries than three, as five from Brechen, five from Arbroth, five from Kirkcubright, seven from the Presbytery of * APPENDIX. H.I. Argyl, foure from the Presbyterie of Cowper, foure from Linlithgow, four from Pasley, four from Hammiltoun, foure from Drumfries, foure from Dunkell; as the register of that Assembly beareth. II. There were thirtie voters of Noble men and Barrons, beside the pretended Bishops, who had no commission from any Presbyterie. In the fourth Session of this pretended Assembly it is plainly said, That the Noble men and Barrons came to it by the Kings direction. Wy III. The voting of the commissioners was not free: for by the Kings letter to the Assembly they were threatened, and it was declared that their consent was not need- full to any act to be made there: The King might do it by his own power, yet they were allured to vote by a promise that their good service in so doing should be re- membred and rewarded thereafter. IV. The principall acts which were made, were set down verbatim in the privie conference, which chiefly consisted of the Kings Commissioners and pretended Bishops, and only read to be ratified in the Assembly. V. Sundrie ministers then present, do now declare, that they knew the ministers who voted the wrong way, to have received their present reward, and that money was largely dealt unto them. REASONS FOR ANNULLING THE PRETENDED ASSEMBLY AT ABERDENE, 1616. I. There was no election of a Moderatour: but that place usurped by the pretend- ed Bishop of Saint Andrews, as the Register beareth. II. The indiction of that pretended Assembly was but twentie dayes before the holding of it: so that the Presbyteries and burghes could not be prepared for sending their commissioners: which caused the absence of many Presbyteries and fourtie foure Burghes. III. There were twentie five noble-men and gentle-men, voters without commission from the Kirk. Mr William Struthers voted for the Presbyterie of Edinburgh, yet had no commission therefrom: The commission being given by that Presbyterie to other three, as the said commission registrat in the books of the Presbytery beareth. And whereas there should be but one Commissioner from every burgh, except Edin- burgh, to the Assembly; at this pretended Assembly, there were two Commissioners from Glasgow, two from Cowper, two from St Andrews: whereas there were no rul- ing Elders having commission from their Presbyteries at that Assembly. IIII. When the acts of that pretended Assembly were written, the Bishop of St Andrews with his own hand did interline, adde, change, vitiate, direct to be ex- tracted or not extracted, as he pleased, as the scrolls themselves seen doe show ; wherefore the clerk did not registrat the acts of that Assembly in the books of As- semblies, as may be easily seen by the blank in the register left for them remaining unfilled. LIF APPENDIX. THE NULLITIE OF THE PRETENDED ASSEMBLY AT SAINT ANDREWS, 1617. I. There is no mention of it in the register of the Assemblies, and so no warrand for their commissions, their Moderatour or Clerk. II. The indiction of it was so informall, that as the scroll declareth, a great part of the Commissioners from Synods, Burrows, and gentlemen, would not be present. III. The Kings Majestie in his letter to Perths Assembly, acknowledgeth it was but a meeting, wherein disgrace was offered to his Majestie. IIII. The former corruptions of the foure preceeding Assemblies had their con- fluence in this and the subsequent Assembly. REASONS FOR ANNULLING THE PRETENDED ASSEMBLY, HOLDEN AT PERTH, 1618. I. The Assembly was indicted but twentie dayes before the holding of it: and all parties requisit received not advertisement, as appeareth by their absence. The un- timeous indicting of it, is cleared by the Presbytrie books. II. There was no election of the Moderatour, as was accustomed to be in lawfull Assemblies; The register cleareth this. III. No formal election of their new Clerk. IIII. There were five whole Dyocies absent, viz. Orkney, Cathnes, Rosse, Argyll, and Isles: and many Presbyteries had no Commissioners there, as the register of that pretended Assembly beareth. V. There were nineteen Noblemen and Barons, eleven Bishops, that had no com- mission from the Kirk. Whereas the act for constitution of Assemblies, ordaineth every Burgh to have but one Commissioner, except Edinburgh, which may have two, (Act at Dundie, 1597) yet in that pretended Assembly, Perth had three Commis- sioners, Dundie had two, Glasgow had two, and St Andrews had two: Of the Burghes there were thirtie six absent: And for ruling Elders, there were none at all with com- mission from their Presbyteries. All these things are cleared by the records of that pretended Assemblie. VI. The Commissioners from some Presbyteries exceeded their number, prescribed in the act at Dundie, 1597, for the Presbyterie of Arbroath were foure Commissioners, and foure for the Presbyterie of Aughter-ardour: Beside these that were heard to vot, having no commission at all, and some who had commission were rejected, and were not enrolled, but others put in their place without commission. VII. The pretended Bishops did practise some of the articles to be concluded there, before the pretended Assembly, in Edinburgh, St Andrews, and other cathedrall Churches, by keeping festivall dayes, kneeling at the Communion. Thus their voices were prejudged by the practise of these articles before condemned by the Kirk, and therefore they should have been secluded from voicing. VIII. In all lawfull Assemblies, the voicing should be free: But in this pretended APPENDIX. LIII Assembly there were no free voicing; for the voicers were threatened to voice affir- mativé, under no lesse pain nor the wrath of authoritie, imprisonment, banishment, deprivation of ministers, and utter subversion of the state: Yea, it was plainly pro- fessed, that neither reasoning, nor the number of voices should carie the matter away: Which is qualified by the declaration of many honest old reverend brethren of the ministry now present. IX. In all lawfull Assemblies, the grounds of proceeding were, and used to be, the word of God, the confession of Faith, and acts of former generall Assemblies. But in this pretended Assembly, the ground of their proceeding in voicing, was the Kings commandment only: For so the question was stated: Whether the five articles, in respect of his Majesties commandment, should passe in act, or not: as the records of that pretended Assembly beareth. Where it is declared, that for the reverence and respect which they bear unto his Majesties royall commandments, they did agree to the foresaids articles. X. Many other reasons verifying the nullitie of all these Assemblies, were showen and proven before the Assembly, which needeth not here to be insert. ADDENDUM-P. 131. At Edinburgh x of Julij 1568. In the Generall Assemblie and saxt Session thairof. The haill Kirk assembled, for eschewing of pleyis among brethren, maist hartilie requestis my Lordis President of Session, Secretare, Advocat, Clerk of Registre, Justice Clerk, Lord Provand and Mr Henry Balnavis, or any three of them, to decyde the Controversie that apperandlie may be movit betwix the Maisteris of the New College of Sanctandrois, and Mr Alexander Spens, Minister of Couper, anent thair pretendit right of the parsonage of Tarvat; and this to be done betwix this day and xvi of August next, to the effect that my Lord Regents G. may give his Gs presenta- tion to the partye having best right. J. GRAY, Scr. CORRIG EN DA. Page. Line. 17. 49. 58. 9. 77. 96. 7. 105. 18. I O6. 37. 145. 7. 146. 22. 179. 25. 238. 4. 255. 4. 256. 37. 267 270. 1. 281. 6. 295. 7. 337. 8. 368. 6, 7, 8. 425. 27. 425. 30. 435. 24. 470. 13. — 24. 532. 16. 540. 12. 634. 9. 643. 18. 648. 21. 649. 25. 657. 1. 34. after Hay insert a comma. 21. for Loathein read Letham (C.) delete and (C.) 7, for John read James (C.) — Quarters read Commissioners, — raisit (razed) read ratifeit * — 20 read 25. — found read summoned (C.) — denounce read demit (C.) — moderators read modifiers 2 — stream read storm 2 — James read John. — Beduchie read Benduchie. . 21, 23. — excommunicants read excom- municats. — Haleio read Halcro. — John read James. – Galloway, Kile, read Galloway, Aberdeen, Kile, minister of. — Edinburgh read Aberdeen. — John read Gilbert. — continuance read contumacie. — woundit read unmeet (C.) — Etham read Eythan. — Angus and Marnes read Aber- deen and Banff. — Dynneir read Dinmure. — Tividdail read Tweddaill. — Ramuscraig read Ravinscraig. — George read Gilbert. — notwithstanding read not stand- ing (C.) — Clidesdaill read Dumbarton : in the Nether Ward of [ ]: (C.) — Torrie read Turreff. — ame read same. Page. 667. 687. 716. 717. -º- -*- 764. 765. 770. 7.95: 799. 803. 813. 815. 816. 824. 832. 851. 863. 873. 930. 981. 999. 1124. 1131. 1040. 1042. 1082. Line. 16. delete David (C.) 2. for quarters read Commissioners. 12. — dulterme read due terme (C.) 27. — Elly read Enzie. 19. – Logilichan read Logiebuchan. 21. — Gordon read Garden. 29. — Fyfe read Fyvie. — — Locky Damock read Logie- durno. 30. — Innerug read Inverury. 17. — Lumdie read Lundie. 15. – Graig read Greig. M.S.W. 12. – Endercharitie read Inveraritie. 11. — John read James (C.) MSS. A. W. 22. — derectour read the Rectour. 6. — Bondronne read Wynrhame. 10. — octavo read vigesimo octavo, 15. — presbytery read synod. 15, 16, 17, 18. to be delete. 24. for Trewquhy read Frewquhy. 29. – Kilkell read Kilkill. 30, − inhite read inhibite. MSS. 13. for Julij read Junij. 29. after Bruce insert Robert Wallace: 5, for Robert Laud read Robertland, and add [David Cunning- hame of Il 14. — Endercharitie read Inveraritie. 2. delete to. 5. for reformation read information. 1. insert 15 before Novembris. 12. for Howit read Howie. 23. — Andro read George. 6. – 44 year read 40 year. 11. — 45 year read 40 year. 35. — 47 year read 43 year. THE BOOKE of THE UNIVERSALL KIRK OF SCOTLAND: WHEREIN THE HEADIS AND CONCLUSIOUNS DEWYSIT BE THE MINISTERIS AND COMMISSIONARES OF THE PARTICULAR RIRKS THEREOF ARE SPECIALLY EXPRESSED AND CONTAINED. A. D. M.D.XCIII. THE Generall Aſſemblie of the Kirk of Scotland, convenit at Dundie the xxiiij day of Apryle 1593. Exhortatioun being maid be Mr Robert Bruce, Moderatour of the laſt Aſſemblie; in reſpect of the raritie of the brether convenit, it was thoght meit the ele&tioun of ane Moderatour ſould be continewit quhill efter nvne, quhane the number will be mair frequent. A&ta Seſſione Secunda, Eodem die. The Aſſemblie, according to thair ordour, proceiding to the electioun of ane Moderatour, during this Conventioun, appointit and delytis Mr Dauid Lyndeſay, Mr James Balfour, Mr Johne Nicolſoun, Mr Andro Meluill, Mr Patrick Sympſoun; and, be pluralitie of voitis, the ſaid Mr Dauid was choſlin Moderatour hac vice. The hours of conventioun, ilk day dureing the Aſſemblie, war appointit the accuſtomeit hours. And to the effect that all the aëtiouns to be intreitit at this tyme may be mair convenientlie and ordourlie handlit, and mair reddelie diſpecht, the Kirk nominat thair bretherne vnderwritin, thay ar to ſay, the Lairds of Cammo, Abottiſhall, Powrie, Ogilvy, commiſſioners of Edenburgh and Lyth, Mr Robert Pont, Mr John Mºkengie, Mr Alexander Dowglas, Mr Gilbert Gairdin, Mr Peter Blackburne, Alexander Keyth, William 796 THE BOOKE OF THE 1593. Cryſleſoun, Mr James Nicolſoun, Johne Dury, Mr Archibald Meluill, Mr Nicol Dalgleiſhe, Mr Thomas Buchannane, Dauid Ferguſoun, Mr James Meluill, Mr William Rynd, Mr Patrick Symſoun, Mr Robert Bruce, Mr Robert Hepburne, Mr Johne Spoittiſwod, Mr William Methwen, Mr Archibald Clayhills, Mr Johne Cowper, Mr Dauid Barclay, Mr Matho Wyllie, Mr Alexander Wreytoun, Mr William Edmeſtoun, to convine daylie with Moderatour in the reweſtrie of the kirk, at aucht hours in the morning and tua efter nvne of the preauching dayis, and imme- diatlie efter the ſermone in the preaching dayis, to gif thair adwyfe and counſell in proceiding in materis of this Aſſemblie. Aéta Seſſione Tertia, vigeſimo quinto Aprilis 1593. Foralſmeikill as ther is ane Conventioun of the Nobilitie appointit be his Majeſtie in Edenburgh, the xxvij day of this inſtant, quher it is thocht meit that certane of the Kirk be preſent, to propome ſick articlis and peti- tionis as for the tyme falbe thocht meit : Thairfor the Kirk and Aſſem- blie preſent hes thocht meit to condiſcend vpoun fic articles, quhairof ane breif recitle followis, quhilk heireſter ar to be brocht and reduceit in ſum guid forme. Firſt, It is thocht meit to be craveit that all Papeiſtis within this realme may be pvniſhit according to the lawis of God and of the realme. Item, That the aët of Parliament of ipſo facto may ſtrak vpoun all maner of men landit and vnlandit, conſtitut in office or vtherwayis, alsweill as the ſamyn is ſpeciallie conſawit aganis benefeicit perſouns. Item, That ame declaratour be cravit aganis Jefueits and traficking Pa- piſts aganis the trew religioun profeſſit within the realme, quherby thay may be declairit tratours, to this effect the reflateris of thame may be pvn- eiſt according to the act of Parliament: and ſicklyke that ane reformatioun may be of the thrie dayis contenit in the ſaid ačt. Item, That all fick perſouns as the Kirk ſall find and declair publeclie to be obſtinat Papeiſtis, althocht thay be not excummvnicat, be debarit frome bruiking of ony office within the realme, as alfua from acues to his Majeſteis companie, and from inioying of ony banefeit of the lawis of the realme ; as alſua that the pane of horning and vther ciuell paines may follow vpon the ſaid declaratour, ſiclyk as alreddie followis vpon the fen- 1593. UNIVERSALL KIR K OF SCOTLAND. 797 tence of excummvnicatioun : and that ane ačt of Counſall preſentlie may be maid and publiſhit thervpon, quhill the mixt Parliament, quher the ſamyn may be eſtabliſhit in ane law. Ordanes the bretherne of the haill Preſbíteris quhilks ar preſent, to gif in the names of all maner of perſouns excummvnicat for quhatſumever crime, as als of profeſſing Papeiſtis, the morne to the full Aſſemblie. The Generall Aſſemblie of the Kirk gevis full power and commiſſioun to the brether of the Preſbíteres of Glaſgow and Hammiltoun, or ſa mony of thame as guidlie can be convenit togidder, to ſummond Mr Mvrheid to compeir befor thame, with all expedient deligence, at the firſt dyet within the Toun of Glaſgow, to anſuer for the defectioun of the miniſtrie, and to proceid according to the tryell and proces led befor thame ; and in caice of ma dyetis nor ane, the plaice to be mvtuallie interchangit efter thair aſſembling ; and to report thair proceiding to the nixt Generall Aſſemblie of the Kirk. Anent the commiſſiouns gevin in the laſt Aſſemblie to the Preſbitreis of Brichen and Arbrothe ; ſick brether adioynit to thame concerning Mr Walter Lyndeſay and his collegeis. Item to the Preſbetrie of Hadingtoun concerning Mr George Ker; To the Preſbeterie of Dalkeyth concerning the Laird of Roſling ; To the Preſbeterie of Edenburgh concerning Mr George Semple ; as the parti- cular commiſſiouns beris. Ane particular report of thair deligence being hard, the ſaids haill commiſſiouns wer found to be execute. Anent the commiſſiouns gevin to the Preſbíteris of Stirling and Dum- blane concerning the complaint of the parochiners of Egliſhame : The proceidingis in the mater being preſentit in writ be Mr Patrik Symfoun, Miniſter in Stirling, in reſpect thay have remittit ſum thingis to be confid- derit be the haill Kirk, to do ferder reſolutioun therin is ſuperceidit quhill materis remitit to this Aſſemblie be proponit. Anent the commiſſioun gevin in the laſt Afſemblie to certane bretherne, to tak vp the deidlie feid betuix the Lairds of Craigmyller and Edmeſtoun : In reſpect the ſaid brether hes taken alreddy travells therin, the Aſſemblie hes willit thame to proſecuit forder that purpos, and to report to the nixt Aſſemblie. Anent the commiſſioun gevin to the Preſbitrie of Irwing, to try the Preſbitrie of Hamiltoun, and to report conforme to the tenour of the laſt Aſſemblie : In reſpect is vnderſtand to the ſaid Aſſemblie, not as git the 798 THE BOOKE OF THE 1593. ſaid commiſſioun is not execut, thairfor of new the ſaid Kirk hes renewit the ſaid commiſſioun to the brether appointit therin of befor, and ordaines thame to execute the ſamyn betuix and the mixt Aſſemblie, as thay will anfuer. For reiding of bills and queſtiouns preſentit in this Aſſemblie : The Kirk hes nominat Mr James Nicolſoun, Mr Nicol Dalgleiſche, Mr James Mel- uill, Mr Gilbert Gairdin, to conveine euerie day at tua hours in the Kirk, and to ſycht the bills quhilks ar pertinent to the Aſſemblie, for remiting fic as be pertinent to the full Aſſemblie. The Kirk and Commiſſioners preſent hes gevin full power and commiſ- tioun to thair rycht honorabill and thair lovit bretherne vnderwritin, thay ar to ſay, the Lairds of Abotiſhall, Wedderburne, and Mercheſtoun, Johne Arnot, William Lytill, fumtyme Proveſtis of Edenburgh, and Clement Ker, burges, ſumtyme Baillie therof, to preſent to his Majeſtie and Nobili- tie now appointit to conveine at Edenburgh, the xxvij day of this inflant, the articles and petitiouns of the Kirk, and to crave and travel that the ſamyn may be grantit; and gif neid beis, to reſtoune and confer thervpoun, or quhat beis done herin to report to the nixt Generall Aſſemblie. Seſſio 44, 25 Aprile. The Commiſſioners vnderwrytin preſentit thir Articles following to his Maieſtie and Counſell, viz, the Lairds of Abbotſhall, Wedderburne, and Mercheſtoun, John Arnot and William Litle, ſometyme Proveſts of Eden- burgh, and Clement Car, Mrs Robert Bruce, Patrick Galloway, James Nicolſoun, and Walter Balcanguell. Followis the tenour of the ſaid articles. Firſt, Seing the increaſe of Papiſtrie is daylie within this realme, it is craveit of his Majeſtie, that all Papiſts within the ſame may be puniſhit ac- cording to the laws of God and the realme. Item, That the act of Parliament ipſo facto may ſtrike vpon all maner of men, landit and vnlandit, conſtitute in office or vtherwayes, of quhat ſort [ſoever] they be, as weill as the ſamen is provydit to ſtrike aganis bene- ficit perſons. 1593. UNIVERSALL KIR.K OF SCOTLAND. 799 Item, That ane declaratour may be givin againſt Jeſuites, Seminarie Preiſts, and traffiquing Papiſts, declaring them culpable of treaſon and leſe Majeſtie, quherby the receipters of ſuch perſons may be puniſchit according to the aët of Parliament; and that reformation may be had of the ſaid ačt in that pairt, quher the ſamein is only extendit againſt ſuch perſons as re- ceipts them be the ſpace of three dayes; and that the penaltie of the aët may be inflićtit againſt any receipters without any condition of dayes. Item, That all fick perſons as the Kirk fall find and declare [publickly] to be Papiſts, althogh they be not excommunicat, be debarrit from brook- ing any office within the realme, as alſo from having acceſſe to his Majeſties companie, and from injoying any benefite of the lawis; as alſo that the paine of horning, and vther civill paines, may follow vpon the ſaid declara- tour, ſicklyke as preſentlie followis vpon the ſentence of excommunica- tioun ; and that ane ačt of Counſell preſentlie be made and publiſchit thervpon, quhill the nixt Parliament, quher the ſamen may be eſtabliſhed in ane law. Item, That his Majeſtie will confidder the great prejudice done to the haill Kirk be erecting of the teinds of diverſe Prelacies in temporalitie, as of the Abbay of Paiſly and fundrie [others, be the quhilk the planting of Kirks is greatlie prejudgeit ; and that, therfor, ane ſubſtantial ordour be tane for remeid therof. Ordaines dered tour of Sanét Androis, Mr Robert Wylkie, Mr Robert Pont, Mr Thomas Buchannane, and Mr Johne Johneſtoun, or ony thrie of thame, to veſit the temnour of the foundatioun of the new College to be erectit be the Erle Mariſchell in Aberdeine, and to gif thair oppvnioun of the ſame to the bretherne, that the ſaid fundatioun may be ratefeit be the ſaid haill Aſſemblie, being fund meit and expedient. Ordanes Mr Robert Hepburne, Mr James Meluill, and Mr Peter Blackburne, to veſit and ſycht the buik of veſitatioun of the boundis of Orknay, preſentit be Mr Robert Pont, and to gif thair oppvnioun to the Aſſemblie befor thay diſſolue. Foralſmeikill as the numberis of the Preſbítereis within this realme and thair places wald be knawin, the names therof being inquyrit, the full Aftemblie and nvmber of the ſame wer gevin vp as followis, viz. Ane Preſbíterrie in 3etland callit Tingwall: In Orknay, ane, to wwt, Kirkwall: In Kaithnes, ane, viz. Thurſo : In Sutherland, ane, viz. 800 THE BOOKE OF THE 1593. Dornoch : In Ros, tua, Tane and the Channonrie : In Murray, four, viz. Inuernes, Forres, Elgine, and Ruthven : In Aberdeine, fyve, viz. Bamf, Deir, Inuerowrie, Aberdene, Kincardin : In Mernes, ane, Couway : In Angus, four, viz. Brechen, Arbroth, Megill, Dundie : In Dunkeld, ane, viz. Dunkeld : In Perth, Sanét Johneſtoun, Dumblane : In Fyfe, four, viz. Sanét Androis, Cowper, Dumfermline, Kirkcaldy : In Stir- ling, ane, Lythgow : In Lowdiane, four, viz. Edenburgh, Dalkeyth, Haddingtoun, Dunbar: In Tueddall, Peblis: In Mers, tua, Chirne- ſyd, Duns: In Teuiotdaill, tua, Jedburt, Melros: In Nethiſdaill, ane, Drumfreis : In Galloway, tua, Kirkcudbryt, Wigtoun : In the Schiref- dome of Air, tua, viz. Air, and Irwing : In Renfrew, Paiſlay : In Lennox Shyre, ane, Dumbartane: In Cliddiſdaill, thrie, viz. Glaſgow, Hamiltoun, Lanerk. Forſameikill as the viſitatioun of the Preſbitries vniverſallie throughout the haill realme, is thocht ane thing verry neceſſar, and fra diuers Aſ- ſemblies commiſſiouns hes beine gevin to that effect; nottheles ane neceſ- fitie git remaneing quhilk craveit the continewing of the ſaid commiſſioun, the Kirk, therfor, and Commiſſioneris preſent hes gevin power and com- miſſioun to thair louit bretherne vnderwritin, within the particular boundis reſpectiué following, that is to ſay, For Zetland, Thomas Swyntoun : For Orknay, Mr Robert Pont : For Sutherland, and Kaithnes, Mr Robert Pont and Mr William Pap coniunétlie : For Ros and the Channonrie, Mr Alexander Dowglas; For Murray, Mr George Monro, Mr Andro Crumby, Mr Johne Robefoun: For Aberdeine, Mr Alexander Forbes, Mr Robert Arburthnet, Mr Andro Wyllie : For Mernis, John Durie, Mr Andro Keithe: For Angus, Mr Robert Bruce, Mr Andro Meluill, and Mr James Meluill : For Perth, Dunkeld, Dumblane, and Stirling, Mr James Nicolſon, Mr Nicoll Dalgleiſhe . For Fyfe, Mr Dauid Lynde- ſay, Mr Robert Hepburne, and Mr Patrick Symfoun: For Lowthiane, Mr Andro Moncreif, Mr Dauid Spence, Mr Andro Lamb : For Mers, Mr Adame Johnſtoun, Mr James Carmichell : For Tiviottdaill, Mr William Methven, Johne Clappertoun: For Nitheſdaill, James Hammiltoun, Mr William Hammiltoun : For Galloway, Johne Porterfeild, Mr Dauid Barclay : For the Schirefdome of Air, Mr Johne Yong, Andro Knox : For Dumbartane, Renfrew, Glaſgow, Hamiltoun, and Lanerk, Mr Henrie Levingſtoun, Mr Robert Wylkie, Mr Alexander Wreitoun : to viſet and try the doćtrine, lyfe and converſation, deligence and fidelitie, of the Paſ. - 1593. UNIVERSALL KIRK OF SCOTLAND. 801 touris within the ſaids Preſbiteries; and ficklyke to try gif ther be any of the beneficit number within the famein, not making reſidence, having no reaſonable caus to purge the ſamein ; gif ther be any that hes dilapidat thair benefices, ſett tackis, and made vther diſpoſitiouns therof, by the conſent of the Generall Kirk ; ony ſlanderous perſon vnmeit to ſerue in the Kirk of God, and vnhable and vnqualifiet to teach and edifie; and, with advys of the Preſbytrie within the quhilk the ſaidis perſons ar, to pro- ceid aganis them according to the qualitie of the offence, or vndiſpoſitiouns of thair offices, according to the aëts of the Kirk: And that this viſi- tatioun, tryell and examinatioun be compleit betuix and Michelmes nixt to cum, recommending to euerie Preſbeterie, for ſhortning of the ſaidis Com- miſſioners travells, ane diligent tryall amangis thame ſelfis be takin befor the Commiſſioners cuming, quherin thay may vnderſtand and note the abuſes quhilk wald be correótit; commanding alfua the Preſbytries within the quhilks the ſaidis Commiſſioners remaines, to provyde for the ſaidis Commiſſioners flockis in thair abſence in the ſaid viſitatioun, Aéta Seſſione quinta, vigeſimo ſexto Aprilis 1593. The Kirk and Commiſſioners preſent ordaines the parochineris of Sanét Androis to landwart, to big and edifie to themſelves ane paroche kirk, in fick ane part as the ſaidis parochineris and Preſbytries aggrei vpon, narreſt the middis of the paroche, betuix and Lambes cum ane geir, according to thair ſuite maid to Parliament, and ſicklyk to the Aſſemblie; certifieing thame and they failzie, thay ſalbe debarrit fra ony benefeit of the Kirk of Sanét Androis. Anent the kirkis in Orknay and Zetland: In reſpect it is confidderit that for the nvmber of Illis ther, and that there is not ſtipend to everie par- ticular kirk, quherby the pluralitie of kirkis ſerveing may be eſchewit : thairfor the Kirk quhill the nixt Aſſemblie ordaines the ſaidis kirkis to be ſervet as thay ar preſentlie, in reſpect of the preſent neceſſitie, and diuers vtheris impedimentis. Ane ſupplicatioun to be gevin in to Parliament to reforme the delapida- tioun of the leving foundit in the gramer ſcoole of Kirkwa, ordaining in the meane tyme the Commiſſioner, quha is appointit to veſit the Preſbiterie ther, with adwſe of the ſame, to deprive the perſoun quha hes delapidat 5 I 802 THE BOOKE OF THE 1593. the ſame, in caice he reſtore not agane the ſaid leving to the awin inte- gretie. The Generall Aſſemblie of the Kirk gevis full commiſſioun and power to the bretherne of the Preſbíterie of Edenburgh, to call befor thame Adame Biſhope of Orknay, and to charge him with the demoliſhing of the kirk of Birſa, to try gif he demoliſhit the ſame : And in caice he be found ſa to have done, to charge him to repair the ſame, that the flok be not deſtitut of ane kirk; viherwayis to proceid aganis him, and to report thair proceidingis to the mixt Generall Aſſemblie. Eodem die. Seſſio ſexta. The Generall Aſſemblie of the Kirk haveing committit the ſycht, reid- ing and confidderatioun, of ame new foundatioun of ane Collidge to be erectit in Aberdeine be the Erle of Mariſchell, to certane lernit brether of the Aſſemblie maiſt expert in ſick caiffes, and vnderſtanding of thame that the ſaid foundatioun and erectioun in ſubſtance is very guid and commend- able : thairfor, and efter ſum refſoning alſo in the matter, hes allowit, ap- prowin and affermeit the ſame, according to the tennour therof in all thingis; and ordanes this thair approbatioun to be gevin out, and act to be maid thervpon. Memorandum. To inſert the ſupplicatioun of the Laird of Grenok quhilk is lyand in the pok. Names of excommunicat perfouns gevin vp be the brether. Allexander Ramſay, brother to the Laird of Dalhowſie ; Alexander Creychtoun of Newhall, elder, bayth within the Preſbíterie of Dalkeyth ; In Leingar parochin, Thomas Donaldſoun, for dowbill adultrie; In Campfie parochin, William Aikin, for adultrie; In Levingſtoun, Andro Stirling, for ſlauchter of vnguhile Johne Adame; Thomas Kincaid, for ſlauchter of vmquhile Luk Sterling in Cadder; Thomas Blar in Boétay, for thriefald fornicatioun and diſſobedience, lyand vnder the fentence of excommunica- tioun thir four geiris bygane; In Glaſgow, Matho Heriot, for ſlauchter of vimquhile Andro Ros; Gilbert Inglis, for ſlauchter of vnguhile Samuell Hamiltoun, ſome to the Laird of Preſtoun; Archibald Vduart for the ſlauchter of vimduhile Dauid Ramſay, potter, and Adame Ramſay, his ſome ; 1593. UNIVERSALL KIRK OF SCOTLAND. 803 Archibald Hegate, for dowbill apoſtaſie, efter he had firſt put handis in ane Miniſter, ſua thrife excommunicat ; Sir Henrie Oſwald, within the parochin of Strageith, excommunicat for papeſtrie, be Mr James Burtoun in Peblis, the fourt of Marche 1592; Sir William Blakwod in Dumblane, excommvnicat for papeſtrie; Robert Clerk in Ochterardour, excommu- nicat for inceſt with Elſpet Scot, be Mr Johne Bondronne, Superintendent of Fyff; Hew Barklay, Laird of Ladieland, apoſtat; James Mºquirrtie, Vicar of Kinkarth in Boit, excommwnicat apoſtat. Names of Kirkis vacand in Angus and Merns : Inchſtoir, Abernyt, Innergourie, Logedundie, Lundy, Streikmarteine, Inneraritie, Bendoquhy, Ruthven, Glenyla, Glamis, Effe, Cloday, Lyn- trathin, Athie, Methie, Tannardais, Aldbar, Inchbraik, Newdeſk. Kirks within the Synodall of Glaſgow vinprovydit: Kilmaronnok, Killarne, Balfrone, Strablane, Cardros, Inchcalzell, Bal- dernock, Paiſlay. The Kirks provydit with men, bot wanting ſtipend be vertew of the lait erectioun of the teindis of the Abbacie of Paiſlay in tempo- raliteis : - Hammiltoun, Glaſfurd, Stennous, Blantyre, Schottis, Dalſerff, Lanrick, Pettenone, Tankertoum, Robertoun, Bigger, Crawfurd Johne, Crawfurd Lyndſay, Dolphingtoun, Covingtoun. The names of the Kirks vnplantit within the bounds of the Mers: Lammertoun, Fiſchirwiche, Swintoune, Symprene, Hourden, Fogo, Greindlay, Stitchell, Nenthorne, Hwme, Baſſenden, Ednem, Cranſchewis, Ellenn. Kirkis vacand within the Preſbíterie of Dumblane : Abirfuill, Kilmahuge, Callendar, Leny, Port, Kilbryd, Balquhidder, Comrie, Tullicheddilly, Sowan, Monivard, Stragethe, Kinkell, Abir- ruthven. Kirks vnplantit within the Preſbietrie of Dunkeld : Straphillan, Killin, Ardrum, Inchechadden, Vemis, Pitcharene alias 804. THE BOOKE OF THE 1593. Grantilly Kirk, Brennore, Kilchonname, Murtrigan, Rannoch, Strowand, Blair in Atholl, Ludeſkil, Manenok, Fos, Muline, Finlarg, Mennoche, Doualie. In the laich land : Logybryd, Ochtirgawin, Kinclevin, Capeth, Loch- indy, Blair in Gowrie, Glenſchie. Kirks vacand in Cathnes: Thurſo, Wick. In Orknay : the Southamtoun Kirk, North Rannaldſy. In 3etland: Auchindenrie, Burra, Breffy, Neſting, Lunafting, Olnafirth. Names of the perſouns quhilks ar to enter in the Miniſtrie. Mr Andro Mortoun, Mr James Spalding, Mr Dauid Balcome, Mr Dauid Lyndſay, Mr James Eliot, Mr Johne Soung, Mr Bartcle Robert- ſoun, Mr John Dwrie, Mr Johne Ogilbie, Mr Charles Walwod, Mr George Viſhard, Mr Adame Walker, Mr William Simfone. Anent the ſummonds direct be the brether of the Preſbíteries of Glaſ- gow aganis Claud Commendatour of Paiſlay and his Laidy, to compeir in this Aſſemblie this day, with continuatioun of dayis, to anſuer for the ſacri- ligious bereving of the Kirk in erecting of the haill rents alſweill teinds as vther in ane temporalitie, as the ſummonds dewlie execute beins; quhilk being callit afor and efter noone, mane compering, the Kirk ſuperſedit thair proceiding this day, quhill thay fie gif ony git compeirs to anſuer. Aéta Seſſio 7a, 27 Aprilis 1593. In preſence of the haill Aſſemblie, compeirit Schir James Meluill of Halhill, ane of the Commiſſioneris ſpecialie direét be his Majeſtie to com- peir in his Hienes name as commiſſioner, and preſentit his Majeſties miſfiue direét to that effect, with certane articles, and ane ačt of Parliament for inſtructing therof, quhilk the Aſſemblie thocht meit priuatlie to be confi- derit be certane brether, quha wer appointit to confer with his Majeſties Commiſſioner, and to that effect wer depeſchit out of the Aſſemblie to advyfe and gif thair opinioun at thair returne, to witt, Mr Robert Bruce, Mr Robert Pont, Mr Andro Meluill, Mr James Nicolſon, Mr Peter Black- burne, Mr James Meluill, the Laird of Cammo, and Commiſſioners of Edenburgh: 1593. UNIVERSALL KIRK OF SCOTLAND. 805 Quha returning, red the articles and thair anſuers, quhilk the Kirk approuit; ordaining the ſaids articles, anſuers therto, and act of Parlia- ment to be regiſtrat in the Regiſter of the Kirk; quherof the tenour herin is ſett down as followis : The Articles proponit in his Majeſties name to the Generall Aſſemblie, preſentlie conveinit at Dundie. His Majeſtie declares, that in reſpect he cannot of honour fie the prive- ledge of his crowne hurt, therfor he will have regard to have the aët of his laſt Parliament keipit concerning the conveining of Generall Aſſemblies be his Majeſties appointment; willing them heirfor, befor thair ſkailing, to dire&t two or thrie of thair number vnto him, to defyre him to appoint the day and place of their nixt conveining. Secondlie, His Majeſtie defyres them to make ane Aét of thair Aſſem- blie, prohibiteing all and everie ane of the Miniſtrie, vnder the paine of de- privatioun, to declaime againſt his Majeſtie or Counſells proceidings, in pulpitt, not only in reſpect of his Majeſties knawin good intentioun for the furth ſetting of pietie and juſtice, bot lykeways becauſe his Majeſtie at all tymes gives readie acceſſe and loving eare to fundrie of the Miniſters, to in- forme, dilait or complaine, either in their awin name or in the name of any of the reſt of the brether. Thirdlie, His Majeſtie defyres them to appoint and put on leit, fyve or fixe of the diſcreiteſt of the Miniſtrie, that his Majeſtie may make choiſe of twa of them to ſerve in his houſe, in reſpect of Mr Craig his decripit age. Fourthlie, Seeing that the ſtanding of the religioun and the weilfare of his Majeſties perſon are ſo vnſeparablie joynit, as quhoſoevir are enemies to the ane are comoun enemies to both ; ſo his Majeſtie deſyres, that through all the Preſbitries of this countrey, ther ſalbe ſome appointit to advertiſe and informe his Majeſtie heirafter, with diligence, for the more ſpeidy re- medie, not only of quhatſumevir practiſes they can learne, in any wayes, of Papiſts and Spaniſch fačtiouns, but alſo of the receipts and pračtiſes of Bothwell, quherof they can have any knowledge; whoſe heale courſes, as they are direétly aganis his Majeſties perſone, ſo whollie they tend to the ſubverſioun of the whole religioun : With dire&tioun alſo to them to informe the haill Barrons, and honeſt men moſt tenderers of his Majeſties 800 THE BOOKE OF THE 1593. welfare, to give ever ſuch faithfull intelligence of the ſaids pračtiſes as they can learne from tyme to tyme. Fyftlie, His Majeſtie deſyres, that through all the countrey, quher ther is any ports or landing places, that ther be ſome of the brether ſpeciallie appointit to deale fo with the burghes, that they may take good and ſuffici- ent tryall, according to his Majeſties law made theranent, of all theſe quho fall heirafter come in, or paſſe furth of this countrey, quherfra they are come, or quherto they are bound ; quhat is thair trafique and intentioun to doe: and ſwa after good and ſufficient tryall, if ther be any thing of weght and importance, that they on na wayis faile to make his Majeſtie acquaint therwithall, to the effect his Majeſtie may the more eaſilie diſcover quhat- fumevir forraine or civill pračtiſes is or ſalbe in heid aganis the preſent ſtate of the religioun : And this he craves to be done ſo faithfullie, as he hes good opinioun of gour earneſt affectioun, no leſs in the preſervatioun of his Majeſties awin perſon as in the defence of the comoun cauſe; as alſo he promiſes to aide and aſſiſt gow in all [and] quhatſumevir gour good reſolu- tiouns, that may tend to the furtherance of peace and quyetnes; with the advancement and mainteinance of the religioun preſentlie profeſt in this realme. Humble anſuers of the Generall Aſſemblie to the Articles proponit be his Majeſties Commiſſioners to the ſame, at Dundie the 27 day of Apryle. Firſt, The Article concerning the conveining of the ſaid Generall Aſ- ſemblie is aggried vnto, according to the tenour of the aët of Parliament preſentit with the ſaids Articles. * As twiching the ſecond Article, It is ordainit be the haill Kirk, that no Miniſter within this realme vtter from pulpitt any raſch or vnreverent ſpeaches aganis his Majeſtie or Counſell, or thair proceidings; but that all thair [publick] admonitiouns proceid vpon juſt and neceſſar cauſes and ſuffi- cient warrand, in all feare, love and reverence, vnder the paine of depoſing ſuch as dois in the contrair, from thair funètioun and office in the Miniſtrie. As to the 3 Article, The Kirk aggries therto, and ſpeciallie anent the proviſioun of Miniſters ane or mae to his Majeſtie; that certaine be nomi- nat be the Commiſſioners direét to his Grace be his advyce, of quhom his 1593. UNIVERSALL KIR.K OF SCOTLAND. 807 Majeſtie may make choiſe : and the brethren to be lykit of his Majeſtie, to be placit and admittit be the Preſbytrie quher his Grace ſalbe reſident for the tyme. As concerning the 4 and 5 Articles, The ſamein are condiſcendit to and ordour takin, as his Majeſtie falbe particularlie informit be the ſaids Com- miſſioners. Follows the tenour of the Aćt of Parliament. In the Parliament haldin at Edenburgh, the 5 day of Junij 1592 geirs, our Souerane Lord and Eſtaittis of this preſent Parliament, following the lovable and gude example of thair prediceſſouris, Hes ratifiet and apprevit, and be the tennour of this preſent ačt, ratifies and apprevis all liberties, priuileges, immvnities and fredomes quhatſumeuir, gevin and grantit be his Hienes, his Regentis in his name, or onie of his prediceſſouris, to the trew and hally Kirk preſentlie eſtabliſhit within this realme ; and declairit in the firſt Aćt of his Hienes Parliament, the twentie day of Oétober, the 3eir of God ane thouſand, five hundreth, three-ſcoir ninetene gieris; and all and whatſumeuir actis of Parliament, and ſtatutes maid of befoir, be his Hienes and his Regentis, anent the libertie and fredome of the ſaid Kirk : and ſpeciallie the firſt ačt of the Parliament halden at Edinburgh, the twentie foure day of Oétober, the geir of God ane thouſand, five hundreth, and four ſcoir ane gieres, with the haill particulare ačtis thairin mentionat, Quhilk fall be als ſufficient as gif the ſamyn wer herin expreſt; and all vther ačtis of Parliament maid ſenſyne, in favouris of the trew Kirk; And fiklyk, ratifies and apprevis the Generall Aſſemblies appoynted be the ſaid Kirk; and declairis, that it ſalbe lauchfull to the Kirk and Miniſtrie everilk geir, at the leiſt, and ofter pro re nata, as occaſioun and neceſſitie fall require, to hald and keip Generall Aſſemblies: Providing that the Kingis Majeſtie, or his Commiſſioner with thame to be appoyntit be his Hienes, be preſent at ilk Generall Aſſemblie befor the diſſolving thairof, nominat and appoint tyme and place, quhen and quhair the mixt Generall Aſſemblie falbe haldin: and in caiſe mather his Majeſtie, nor his ſaid Com- miſſioner, beis preſent for the tyme in that toun, quhair the ſaid Generall Aſſemblie beis haldin, Than, and in that caiſe, it ſalbe leſum to the ſaid Ge- nerall Aſſemblie, be themſelfis, to nominat and appoynt tyme and place, quhair the nixt Generall Aſſemblie of the Kirk ſalbe keipit and haldin, as SOS THE BOOKE OF THE 1593. they haif bene in vſe to do thirtymes bypaſt. And als ratifies and apprevis the Sinodall and Provinciall Aſſemblies, to be haldin be the ſaid Kirk and Miniſtrie, twyis ilk geir, as they haif bene, and ar preſentlie in vſe to do, within euery Province of this realme; And ratifeis and apprevis the Preſ. byteries, and particulare Seſſionis, appoyntit be the ſaid Kirk, with the hail! iuriſdićtioun and diſcipline of the ſame Kirk, aggreit vpon be his Majeſtie, in conference had be his Hienes with certane of the miniſtrie convenit to that effect: of the quhilkis Articles the temnour followis. Materis to be intreatit in Provinciall Aſſemblies : Thir Aſſemblies ar conſtitute for weektie materis, neceſſar to be intreatit be mutuall conſent and affiſtance of brethrene within the Province, as neid requyris. This Aſſemblie hes power to handle, ordour, and redreſſe, all thingis omittit or done amiſſe in the particulare Aſſemblies. It hes power to depoſe the office beraris of that Province, for gude and juſt cauſeis deſerving depri- vatioun : And, generallie, thir Aſſemblies hes the haill power of the par- ticulare Elderſchippis, quhairof they ar colle&tit. Materis to be intreatit in the Preſbíteries: The power of the Preſbíteries is to give diligent laubouris in the boundis committed to their chairge, That the Kirkis be kepit in gude ordour; To enquire diligentlie of nauchtie and vngodlie perſonis, and to travell to bring thame in the way agane be admonitioun, or threatning of Goddis jugementis, or be correótioun. It appertenis to the Elderſchip, to tak heid that the Word of God be puirlie preachit within thair boundis, the Sacramentis richtlie miniſtrat, the Diſ. cipline intertenyit, and the Eccleſiaſticall guidis vncorruptlie diſtributit. It belangis to this kynd of Aſſembleis, to caus the ordinances maid be the Aſſembleis, Provinciallis, Nationallis, and Generallis, to be kepit and put in executioun ; to mak conſtitutionis, quhilkis concernis ro aperov in the Kirk, for decent ordour in the particulare kirk quhair they governe; Provyding that thay alter na rewlis maid be the Provinciall or Generall Aſſemblies : And that they mak the Provinciall Aſſemblies foirſaidis, privie of the rewlis that they fall mak, and to aboliſhe conſtitutionis tend- ing to the hurt of the ſame. It hes power to excommunicat the obſtinat, formale proces being led, and dew intervall of tymes obſeruit. Anent Particulare Kirkis, Gif they be lauchfullie rewlit be ſufficient mi- niſteris and feſioun, they haif power and juriſdićtioun in their awin Con- gregatioun, in materis Eccleſiaſticall. And decernis and declairis the ſaid Aſſembleis, Preſbiteries, and Seſſiounes, Juriſdićtioun and Diſcipline thairof 1593. UNIVERSALL KIRK OF SCOTLAND. 809 foirſaid, to be in all tymes cuming, maiſt iuſt, gude, and godlie in the ſelff, Notwithſtanding of quhatſumeuir Statutis, Aétis, Cannon, Ciuile, or Muni- cipall Lawes, maid in the contrair; To the quhilkis and every ane of thane, thir preſentis fall mak expres derogatioun : And becausthair ar diuers Aétis of Parliament, maid in favour of the Papiſticall Kirk, tending to the preiudice of the libertie of the trew Kirk of God, preſentlie profeſſit within this realme, juriſdićtioun, and diſcipline thairof, quhilk ſtands git in the buikis of the aëtis of Parliament, not abro- gat nor annullit : Thairfoir his Heines and Eſtaittis foirſaids hes abrogat, caſfit, and annullit, and be the tennor heirof, abrogatis, caſſis, and annullis all A&tis of Parliament maid be ony of his Hienes Predeceſſouris, for man- tenance of ſuperſtitioun and idolatrie, with all and quhatſumeuir Aétis, Lawes, and Statutes, maid at ony tyme, befoir the day and dait hereof, aganis the libertie of the trew Kirk, juriſdictioun, and diſcipline thairof, as the ſamyn is vſit and exerceiſit within this realm. And in ſpeciall, that pairt of the fevint ačt of Parliament halden at [Streviling, the fourt day of November, ame thouſand four hundredth, fourty three] geiris, commanding obedience to be gevin to Eugin the Pape for the tyme. * The jº and xj ačt made be King James the thrid, in his Parliament haldin at Edinburgh the twenty fourth day of Februar, ane thouſand, four hun- dreth, fourſcor thrie geirs; and all utheris aétis quhairby the Paipis autho- ritie is eſtabliſhit. The 47 ačt of King James the third, in his Parliament haldin at Edin- burgh, the [twenty day of November, ame thouſand, four hundredth, three ſcor mine] geiris, anent the Satterday and uther vigillis to be hally dayes from Evin ſang to Evin fang. Item, That pairt of the 31 ačt maid be the Quene Regent, in the Parliament haldin at Edinburgh, the firſt of Februar ane thouſand, five hundredth, fifty ane geiris, Geving ſpeciall licence for haldin of Paſhe and ule. - 3 Item, The Kingis Majeſtie and Eſtaittis foirſaidis declairis, that the ſecund Aćt of the Parliament haldin at Edinburgh, the xxij day of Maj, the geir of God ane thouſand, five hundredth, four ſcoir, four geiris, fall naways be preiudiciall, nor derogat anything to the priuilege that God hes gevin to the ſpirituall office beraris in the Kirk, concerning headis of religioun, materis of hereſie, excommunicatioun, collatioun or deprivatioun of min- 5 K 810 THE BOOKE OF THE 1593. iſteris, or ony fik effential cenſouris, ſpeciall groundit, and havand warrand of the word of God. Item, Oure ſaid Souerane Lord, and Eſtaittis of Parliament foiríaidis, abrogatis, caffis, and annullis, the XX ačt of the ſame Parliament haldin at Edinburgh, the ſaid geir, ane thouſand, five hundredth, fourſcoir, four geiris, granting commiſſion to biſchoppis and vtheris iuges, conſtitute in ec- cleſiaſticall cauſes, to reflaue his Hienis preſentatioun to benefices, to gif collatioun thairvpon, and to put ordour in all cauſes eccleſiaſticall: quhilk his Maieſtie and Eſtaittis foreſaidis, declairis to be expyrit in the ſelf, and to be null in tyme cuming, and of name availl, force, nor effect. And thairfoir ordainis all preſentationis to benefices, to be direct to the particular Preſbi- teries, in all tyme cuming ; with full power to thame to giff collationis thereupon ; and to put ordour to all materis and cauſes eccleſiaſticall, within thair boundis, according to the diſcipline of the Kirk: Providing the foirſaidis Preſbíteries be bund and aſtriótit to reflaue and admitt quhat- fumeuir qualifiet miniſter preſentit be his Maieſtie, or viher laic patroumes. Ordanis the Preſbitries quhilk as git hes not gottin in the voluntare con- trubutiouns within thair bounds appointit for the Kingis garde to travell diligentlie therin, and quhat beis reſlauit to caus be ſend to Edinburgh to Alexander Lawſon, with the names of fik as refuſis, and maks not pay- ment betuix and the laſt day of May mixtocum. As to James Anderſon xv merkis, his the Miniſter of Dundy xxiiij ñ, Mr Wm. Methven for Dwns xxiji, and laſt ordans thame to caus the ſame be deliuerit to the ſaid Alexander. Anent the ſupplicatioun of the paroch of Derſy. (Tak in the bill and anſuer.) Ordaines ſupplicatioun to be maid in Parliament, that in all kirkis, alſ. weill Abbay and Cathedrall Kirks, as vtheris quhatſumever, quher ather the haill parochin is kirkland, or ane part therof omelie, and ther has beine mather manſe nor gleib knawin to apperteine therto of auld, or gif ther hes beine ony, and the ſame nocht extendis to fowre aiker of land, That the Eſtaits of the Parliament mak the aët afor concerning the deſignatioun of manſſes and gleibis to be extendit to all the forſaid kirks, and that ther be four aiker of kirk land deſignit and grantit to the Miniſter maiſt com- modious and eweſt the kirk, quhidder ther hes beine na gleib ther or not, or ane part onelie, not extending to four aiker of land. 1593. UNIVERSALL KIRK OF SCOTLAND. 811 The Generall Aſſemblie of the Kirk gives full power to the rycht honorabill George Erle Marſchell, the Laird of Doune, gounger, the Laird of Cors, elder and younger, the Proveſt of Aberdeine, Allexander Rutherfurde, Allexander Cullane, burgeſs ther, Mr Andro Meluill, Rec- tor of Sanét Androis, Mr Robert Pont, Mr Dauid Lyndſay, Mr Peter 4. Blackburne, Mr Dauid Cwnynghame, Mr Johne Johneſtoun, Mr Thomas Buchannane, Mr Johne Spottiſwod, Miniſteris of the Evangell, Mr Robert Wylkie, Principall of Sanét Leonards, or to the maiſt part of the ſaid bre- therne, to conveine togidder, and viſit the Colledge of Auld Aberdeine, ther to try and examine the doćtreine, lyfe, and deligence of the Maiſteris therof; diſcipline and ordour vſit be thane ; as als the ſtait of the rent of the ſaids Colledges: And quher thay find abuis, ſa far as thay may poſſiblie, to reforme; remittand to the Aſſemblie fick thingis as thay can not, to be takin ordour with be thame : and this tryell to begin the laſt day of Auguſt mixt; ordaining, in the meane tyme, that quhill thair cum- ing that na novatioun be maid ather be ſetting of new taks, confermeing of auld, or eleētioun of ony new Maiſter; and all things to ſtand ower in the eſtait thay ar in preſentlie : firme and ſtable halding and for to hald all and quhatſumever the ſaids brether or maiſt part of thame in the pre- miſſes laufullye to be done : and ordaines thair procedingis to be reportit to the mixt Generall Aſſemblie of the Kirk. A&ta Seſſione očtaua, Eodem die. Anent the proviſioun of the Kirk of Lucheris : In reſpect the haill Aſſemblie hes nominat Mr Johne Kynnier to be preſentit to the ſaids parochineris be the Preſbíterie of Sanét Androis to be thair Paſtour, and to be tryit in doćtrine, lyfe and converſatioun ; and gif the ſaids parochin- ers hes na juſt of his refuſſall, to be admitit be the ſaid Preſbíter- rie to the miniſtrie of the ſaid kirk. Anent Colledges and rentis therof: The Aſſemblie hes ordaneit that ma diſpoſitioun of the leving and rentis therof, be tak or wther titile, be maid without the adwyſe and conſent of the Aſſemblie Generall, vnder the pane of depoſitioun of the perſouns doing in the contrair. Anent the reſidence of Miniſteris: For furthering of the reſidence of fik Paſtours as for lack of manſſes are not reſident, it is reſoluit and aggreit 812 THE BOOKE OF THE 1593. that every parochin, quher the Paſtours manſe is owther rowinous or alto- gither laikes, be ordainit to repare and build the ſamein manſe vpon thair awin expenſes, with ſtame, timber, and all vther materialls, workmanſchip, cariage, and vther things neidfull for the repairing and bigging therof; quhilk if they failgie and refuſe to doe, being dewlie requyrit, they fall not only, ſo many as refuſes, be haldin be the Kirk the haill cauſe of thair Paſtours non reſidence, bot alſo it falbe laufull to the aires, executours and aſſignays of the Miniſter or Reider departing, or himſelfe during his tyme, to retaine the poſſeſſioun of the manſs buildit be him, in cace he build the ſamein vpon his awin expenſis after the refuſeall of the paroch- iners, ay and quhill the [next] intrant Miniſter or Reidar refound to him, his aires, executours and affignayis, the haill expenſis made be him for repairing and building, at the leiſt ſo mikle therof as the parochin cannot be movit to refound ; and that the Preſbytrie, at the intrants admiſſioun, fall take ordour for the performance [heirof]; provyding that the expenſis [to] be made be the ſaid Paſtour or Reider exceid not foure hundreth marks; and that the Preſbytrie, after the repairing or bigging of the ſaid manſs, tak the exačt tryall and compt of his [ſaid] expenſis, and give him thair allowance thervpon, to be regiſtrat in thair bookes: And this ačt to extend to them afweill that are alyve and hes alreadie biggit, as to them that are to bigge and repaire heirafter. And lykewayes the ſecond and thrid Miniſter or Reidar, and conſequently the ſucceſſours to the Miniſters quher the manſs is biggit, fall have the lyke title to crave of the intrant after him the ſaids expenſis, quhilk he hes depurfit to his predeceſſours, ay and quhill the parochiners redeime and outguyte the ſaid manſs or biggings therof, to be made frie therafter to the intrant Miniſter or Reidar. Ordaines Mr Samell Chalmer to report the anſueris of the Kirk to his Hienes articles. Anent the viſitatioun of the buik of deligence produceit be Mr Robert Pont concerning his viſitatioun of the bounds of Orknay, 3etland &c. : The bretherne appointit to fichting therof, reportit thay had found great deligence vſit be him, and all thingis orderlie proceidit in vſing his ſaid commiſſioun ; and therfor the ſaid Aſſemblie approveit his ſaids labouris and all things done be him in the ſaid viſitatioun, and ſpeciallie in depoſing of the perſouns not making reſidence. Anent the proces produceit be the Preſbiterie of Stirling concerning the mater of the parochiners of Egliſhame : The Kirk ordaines thair 1593. UNIVERSALL KIRK OF SCOTLAND. 813 brether, Mr Robert Pont, Mr Andro Meluill, to viſit the proces and gif thair judgement to the Aſſemblie the morne at meiting. Ane writting being preſentit in the behalf of my Lord Sempill, haveing creadit gevin to him therin : The Aſſemblie ordainit his creadit to be commwnicat to the brether of the Conferance the morne. In reſpect the Kingis Majeſtie his Commiſſioner is to depart for certane adois, thairfor the Aſſemblie, in his preſence, hes appointit thair nixt Generall Aſſemblie to be at Edinburgh the firſt Twyſday of May cum ane geir. Aéta Seſſione mona, o&tauo Aprilis 1593. Anent the ſupplicatioun preſentit to the Aſſemblie be the Laird of Vrie, and Hary Drummond, burges of Aberdeine, deſireing ane continewatioun of tyme to confer with bretherne, and to be reſolueit with the heids of re- ligioun, that therefter thay may ſubſcrybe the Confeſſioun of Fayth ; and ficlyk, anent the ſuite maid be Mr Thomas Menzeis, burges of Aberdeine, to reflave his confeſſioun and ſubſcryptioun of the articles of religioun pre- fentlie profeſſit within this realme : The ſaid Aſſemblie and Commiſ- fioneris preſent haveing advyfit therwith, hes ordinet the ſaidis perſouns to reſort to the bretherne of the Preſbíterie of Edenburgh, to confer and be reſoluit in all doutis thay have concerning the ſaid religioun ; and being reſoluit, to ſatiſfie the ſaid Preſbíterie in all things, according to the ordour to be takin be thane, to quhome the Kirk gevis power to tak ordour ther- anent ; and in caice thay ſatiſfie the ſaid Preſbíterie, as ſaid is, that thay gif to thane ane teſtimoniall of thair ſatiſfactioun ; cautioun alwayis being firſt takin befor the Kings Majeſtie and his Counſell for performeing of fick thingis as thay fall promes and ſubſcryve to do to the ſaid breth- erne : and that ane writing be direét frome this Aſſemblie, informand the Erle Merſchell of thair proceidingis heirin. Anent the proces deduceit be the Preſbíterie of Stirling in the mater concerning the parochiners of Egliſhame and Mr Andro Boyd: The Generall Aſſemblie of the Kirk hes ordinet and ordaines that thair brether John Porterfeild, and Mr Andro Knox travill erneſtlie and effectiouſlie, in name of the haill Kirk, with the Maiſter of Eglintoun in fauouris of the ſaid Mr Andro, that, gif it be poſſible with his guid will and fauour, 814, THE BOOKE OF THE 1593. the ſaid Mr Andro may ſerve at the Kirk of Egliſhame, but trubill or im- pediment to be maid to him in ony fort, and that with all guid deligence : And in caice the Maiſter can not be moveit heirto, that the ſaid breither mak intimatioun of his refuſfell to the bretherne of the Preſbíterie of Edin- burgh, to quhome the Kirk gevis power to tak ordour therin as thay fall find beſt for the weill of the Kirk and the glorie of God. Forfamekill as ther is ane Parliament to be haldin ſhortlie in Junij next, quhervnto many thingis concerning the Kirk ar to be proponit, and that the full Aſſemblie can not be conveinit therto, in reſpect of the Aſſemblie now haldin; thairfor the haill Aſſemblie hes ordanit that ane broder or tua be direét from everie Preſbíterie within this realme, to conveine the tyme of the Parliament in the place quher the ſame falbe haldin, to conſult, treit, refone and conclud, vpon fil; heids, articlis, petitiouns, and ſuppli- catiouns, as thay fall think meitt to be craveit and concludit be conſent of Parliament, for the glorie of God, and for the well and confort of his Generall Kirk within this realme : Quhilkis bretherne fall have the power of the ſaid Generall Aſſemblie, and proceid as the ſame mycht do gif the haill number wer preſent. The quhilk day, efter the reaſouns war hard and diſcuſſit, contenit in the appellatioun preſentit to the Generall Aſſemblie be Mr Andro 3oung, Miniſter at Dumblane, the Generall Aſſemblie ordanes the Preſbitrie of Dumblane to be tranſportit to Ochtirardour, with libertie to the bretherne of Dumblane appeiling to reſort ather to Auchterardour or Stirling, as thay pleis; provyding alwayis, that in caice the gentill and nobill men quha hes ſubſcryvit to aſſiſt the Preſbitrie in Auchterardour, or vthers that fall happin to ſubſcryve the ſame heireſter, gif inſtructioun to the bretherne to compleine of breking thair promeis; and forder, in caice the Kirk of Auchterardour be not repaird ſufficientlie betuix and the mixt Generall Aſſemblie ; or in caice ame ſufficient ſtipend be not provydit for ane Mi- niſter, that he may mak reſidence at Auchterardour with manſe, gleib : In thir caices or ony of thame, the Preſbitrie ſalbe reeſtabliſhit in Dumblane; and ordanis the Preſbíteries of Stirling and Perth to eſtabliſhe the ſaid Preſbíterie in Auchterardour vpon Thurſday cum xv dayis, and conſtitute the ſamyn of the kirks containit in the roll of the Synodall Aſſemblie ; libertie being alwayis referuit to the breder of Dumblane, quhidder thay will cheis to be of the Preſbitrie of Auchterardour or Stirling. Forſamekill as in the Synodall Aſſembleis the buiks of particular Preſbi- 1593. UNIVERSALL KIRK OF SCOTLAND. 815 tereis are tryit and viſitit; and heirtofor the buiks of Synodall Aſſembleis hes not beine tryit in the Generall, quhilk appeirit to the haill breder to be neceſſar : Thairfor it is concludit, that, in tyme cuming, to everie Gene- rall Aſſemblie the buiks of the Synodall Aſſembleis ſalbe direct be the Synodollis, to be ſychtit and confidderit in the Generall Aſſemblie, for vnderſtanding the better of thair proceidingis, vnder the pane of the ſen- four of the Kirk. Anent the aëtis of the Kirk: That everie Preſbitrie may be the better inſtrućtit therin, the Kirk hes ordinit Mr James Carmichell, quha hes al- reddie tane ſum paneis in correóting therof, to perſyte the work, and to preſent the ſame to the mixt Generall Aſſemblie of the Kirk. The General Aſſemblie of the Kirk gevis libertie to tranſport Mr Henrie Guthrie fra the Kirk quher he ſerves to ony vther kirk within thair bounds quher his giftis may be beſt imployit; and in caice thay do not the fame, gifis libertie to the Preſbíterie of Angus and Mernes to tranſport him to ane kirk within thair bounds, with his awin advyſe. Anent contraverſeis betuix the bretherne of the Miniſterie : For vp- takin therof, it is reſoluit and concludit be the haill brether and Com- miſſioneris preſent, that quher ony pley or contraverſie arryſis betuix tua brether of the Miniſterie, thocht it be in ciuill materis, gif thay bayth be of ane Preſbíterie, that thay eleēt breder of the ſaid Preſbíterie, to quhat nvmber thay think beſt, quha fall choſe ane ouirman, and ſummerlie de- ſyde and gif ſentence in the mater, quhilk ſalbe irrevocabill, and na ap- pellatioun to be interponit therfra: And gif thay be of diuerſe Preſbi- tereis, that thay lykwayis mak eleētioun of bretherne of ather of the Preſ- bitereis in equall nymber, as the ſaidis contendentis fall aggrie ; quhilk breder ſa eleētit fall cheis ane ouirman, and deſyd and gif ſentence, as ſaid is, fra the quhilk na appellatioun ſalbe interponit; and gif ony broder wilbe wilfull and refuis this forme and ſubmiſſioun, he ſalbe haldin be the Kirk contumax. And that this ačt be put in executioun preſentlie for deciſioun of the contraverſie betuix James Anderſoun and Mr Henrie Guthrie. The Generall Aſſemblie hes gevin commiſſioun and expreſs command to the bretherne of the Preſbíteries of Glaſgow and Paiſlay, with all poſſible deligence, efter the diſolwing of this preſent Aſſemblie, to charge Robert Lord Semple to ſeparat and divyd fra him and out of his bounds, viz. out 816 THE BOOKE OF THE 1593, of Cunnynghame and the Schireffdome of Ranfrow, Helene Drummond, adultrix; and that in caice the ſaid Lord be tryit to be fund in ſuſpect place with the ſaid Helene in ony tyme cuming, athir within or without his bounds, or ſcho not to be removet, as ſaid is, the ſaids Preſbítereis to proceid aganis the ſaid Lord and Helene to excommunicatioun, and pro- nunce the ſaid ſentence aganis thane bayth, vpon their diſſobedience, the ſamyn being tryit ordourlie befor the ſaids Preſbítereis : as alſo that the ſaidis Preſbítereis proceid in forder tryell of the ſaids Lords apoſtacie, and contempt of the Word; and fynding him giltie to injoyne fic diſcipline him as may remove the ſklander, and to command him to obey and fulfill the ſame, or ellis vpon his refuſſell to excommunicat him. Ordaines the Preſbíterie of Perth to tak ordour for tranſporting of Mr James Row to ſum vther kirk with his awin advyſe, with the firſt Oppor- tunitie betuix and the nixt plat. Anent the Miniſterrie of Sanét Androis. Memorandum, The aët is lyin in forme amang the reſt, quhilk ſould be regiſtrat. The Generall Aſſemblie of the Kirk, be the authoritie gevin to them be God &c. Memorandum, To inſert the ſaid act. It is lyin with the reſt. Forſameikill as in anſuering of billis gevin in vnto the Generall Aſſemblie often tymes for lack of knawledge of the ſtait of the complents, anſueris ar gevin thairto rekleſlie to the preiudice of bretherne : thairfor for remeid therof in tyme cuming, that the Commiſſioners of tha parteis quherin the complents ar maid, gif they be preſent, be callit be the breder appointed to the anſuering of the bills, for thair better informatioun. Anent the Miniſtrie of Sanét Androes: The Generall Aſſemblie or- daines and appoints Mr David Black, Miniſter of Sanét Androes, to diſ. charge the duetie of a laufull ordinar Paſtour therin, in preaching the Word, miniſtratioun of the ſacraments, and exerciſe of diſcipline, ſo farre as he is able to doe, according to the meaſure of his gifts that God hes be- ſtowit on him : And to the intent that the ſaid Mr David may, with fruit and confort, travell in the ſaid miniſtrie, the ſaid Aſſemblie ordaines the ſaid Mr David to give in to the Preſbitrie ther ſuch things as he wald have furtherit and brocht to paſſe for the weill of the ſaid congregatioun and mi- miſtrie therof, to the performance quherof the ſaid Preſbitrie fall indevore themſelves to thair vttermoſt, having befor thair eyes the honour of God, the weill of the peiple and towne, and the eaſe and peace of thair awin 1593. UNIVERSALL KIRK OF SCOTLAND. 817 conſciences; vnto the quhilk Preſbitrie this [preſent] Aſſemblie grants and committs thair full power and authoritie for that effect. And becauſe the ſaid Mr David is not able to entir in that charge alone, the ſaid Aſſemblie hes nominat Mr Robert Wallace, for the ſpeciall meitt qualities they know to be in him, to be aſſociat with the ſaid Mr David, as ane fellow labourer in the miniſtrie forſaid ; givand full commiſſioun to the Preſbytrie to try the conſent of the haill towne and Vniverſitie of Sanét Androes, concern- ing thair lyking of the ſaid Mr Robert to be aſſociat in the miniſtrie, as ſaid is ; and finding no reaſonable cauſe [alledgit and] verified againis the ſaid Mr Robert, in lyfe or doćtrine, quherfor they ſould not give thair con- ſent and approbatioun to the ſaid Mr Robert, for the cauſe mentionat, bot the moſt part of the towne and Vniverſitie conſenting to his reſait, the Generall Aſſemblie ordaines [the ſaid Preſbitrie] to aſſociat and place the ſaid Mr Robert, fellow labourer in the miniſtrie of Sanét Androes, with the ſaid Mr David Black; and the ſaid towne of Sanét An- droes to pay the ſaid fellow labourer his ſtipend thankfullie, ac- cording to the promiſe made in Synodall and Generall Aſſemblies. And in cace the moſt part of the ſaid Towne and Vniverſitie conſent not to the receiving of the ſaid Mr Robert, the Kirk gives libertie to the ſaid Mr David, with the advyce of the [ſaid] towne, to chooſe ane brother of quhom they may both have lyking: And to the intent this or- dour takin with the Miniſtrie of Sanét Androes as is above ſett downe, may be the better performit and ſettlit, the ſaid Aſſemblie gives commiſ. fioun to Mrs Robert Bruce [and] David Lindſay, conjunétlie and ſeverallie, as thair adois and occaſiouns may permitt, to viſite the ſaid Kirk of Sanét Androes in thair returning from the Aſſemblie, and travell with the whole number of the ſaid Kirk, for putting of thair miniſtrie to ane peaceable ſtay and ordour; as alſo to fie that quhilk is decernit in this Aſſemblie concern- ing the landwart, to be forderit and brocht to pas, and for quyeting the eſtate of the towne. - Mr William Cock, Commiſſioner, for the Proveſt, Bailgies, and Counſell of the towne, diſſaſſentit from the nominatioun of Mr Robert Wallace. The Generall Aſſemblie, be the authoritie givin to them of God, diſ. charges all and every Chriſtian within the Kirk of Scotland, from repairing to any of the King of Spaine his dominiouns quher the tyrranie of Inquiſi- tioun is vſed, for traffique with merchandice, negotiatioun, or exerce of 5 L 818 THE BOOKE OF THE 1593. ſea fairing occupatioun, vntill the tyme the Kings Majeſtie, be the advyce of the Counſell, hes focht and obtainit ſpeciall libertie and licence from the King of Spaine for all his liegis and ſubie&ts, to traffique in merchandize, and occupie within the haill pairts of the ſaid King of Spaine his domi- miouns, without any danger to thair perſone or guds, for the cauſe of thair religioun or conſcience, vnder the paine of incurring the cenſures of the Kirk, untill the laſt ſentence of excommunicatioum. * * The proceedings of this Assembly, with the exception of the two last articles, are printed from a Manuscript in the possession of the Very Reverend Principal Lee, which appears to be the original Minutes in the handwriting of one of the Clerks of the Church. 1594. UNIVERSALL KIRK OF SCOTLAND. 8I9 A. D. M.D.XCIV. THE Generall Aſſemblie of the Kirk of Scotland conveinit at Eden- burgh, the 7 day of May 1594 geirs. Exhortatioun beand made be Mr David Lindeſay, laſt Moderatour, the Aſſemblie proceidit to the electioun of ane new Moderatour; and appoint- ing the leits, Mrs Andro Melvill, Patrick Galloway, Patrick Simfone, Robert Pont, the ſaid Mr Andro was choſen hac vice. Seſſio 2a, 8 Maij. The neceſſitie of the tyme, and affaires quhilk are to be intreatit, being confidderit be the Kirk, it was concludit that no brother having commiſ. fioun to this Aſſemblie depart from the ſamein, befor the finall diſſolutioun therof, without licence obtainit therfra vnder the paine of ſuſpenſioun from thair office, vntill they be reponit be ſaid Generall Aſſemblie therto againe. - And as concerning the penaltie of Commiſſioners that comes not to the Aſſemblie at all, or remaines not quhill the end therof, ordaines the Regiſ. ter to be confidderit, quhat hes bein ſtatute already, and to report after- IlOOIl€. 820 THE BOOKE OF THE 1594. Seſſio 3a, Eodem die. Anent the citatioun of James Drummound, Oliver 3ong, James Adie, Johne Reid, Patrick Juſtice, William Hall, indwellars of Perth, at the in- ſtance of the brethren of the Preſbitrie ther, for the ſlanderous reſetting of the apoſtats Lords within thair towne : The ſaids perſons compeirand, and inquirit, If they receipt the ſaids Lords, and acknowledgit therin ſimplie ane offence done to God and his Kirk, anſuerit, They receipt them, bot againſt thair will, and for obedience givin to the Kings charge ; al- wayes befor the comeing of the charge, the greateſt part of the towne had condiſcendit to receive them : and being urgeit with the promiſe they made not to receive them, and violatioun therof, anſuerit, That promiſe of aſſiſtance was made to them and not keipit. After quhilk anſuer, being removit, and certaine good brethren direct to conferre with them, and re- entring, they for themſelves, and in name of the haill toun, confeſt to the glorie of God and ſatiſfactioun of the Aſſemblie, that they were over raſh and ſudden in receiving ſuch notorious enemies to God, deſyring moſt earneſtlie that no man be ſlanderit or take evill example therby; proteſting before God, they entrit in the towne againes thair hearts that are preſent heir, promiſeing, be Gods grace, nevir to give occaſioun in tyme comeing, and to aſſiſt and mantaine the true Kirk of God and his religioun profeſt publicklie within this realme, and to refift the enemies and adverſaries therof to the vttermoſt of thair power, and to obey and put in executioun, ſo farre as concernes thair duetie, the ordinances of the Kirk aggrieing with the Word of God: Quhilk profeſſioun they gave in wryte, and ſub- ſcrivit the ſamein with thair hands, ſo many as could wryte, in preſence of the haill Kirk; quherwith the brethren ſtanding content, ordainit the Mi- niſter of the towne of Perth to publiſch the ſamein in pulpitt, and to de- clare the ſatiſfactioun of the Aſſemblie theranent ; ordaining alſo the aëtis concerning this offence, regiſtrat in the bookes of the Preſbitrie, and pro- ceſſe deduceit therin againſt the towne, to be obliterat and put out of the Regiſter. 1594. UNIVERSALL KIRK OF SCOTLAND. 821 Seſſio 4°. 9 Maj. Anent the ſentence of excommunicatioun pronouncit be the brethren of the Synodall Aſſemblie of Fyfe [in Oétober, againſt the apoſtat Lords: The haill Aſſemblie, in ane voyce, ratifies and avowis the ſaid ſentence, and proces of excommunicatioun led againſt them ; ordaining the haill Paſtours within this realme, to intimat ſolemnlie at thair kirks the ſaid ſentence, that none pretend ignorance of the fame ; except Alexander Lord Hoome, quho hes ſatiſfied the Kirk, and is relaxit therfrom. Forſameikle as particular inquiſitioun hes been made of the Preſbitries, concerning thair diligence for extirpatioun of Papiſtrie, diſcipline vſed againſt them, and receipters of excommunicats and Jeſuites and Seminarie Prieſts, querthrow the danger evident to the true religioun and the Kirk of God may be rightly weyed, It was thocht meit to take a confideratioun of his Majeſties indevore and of the haill Kirks forder in this matter; quherin, firſt, findrie of his Majeſties good ettlings were laid down, ſpecial- lie at the raid of Aberdein, quherin his Majeſtie, Noblemen and Barrons, conveinit, made a Band for [the] ſurety of religioun, tooke the houſes of the apoſtates, and put men into them, callit ſuch as were Papiſts, quhilk were ſent to Edenburgh to ſatiſfie, and commiſſioun givin be his Majeſtie to the Erle of Marſchell of Lievetennandrie for repreſſing of Papiſts and traf. fickers. + Sicklyke diverſe Barrons callit in be his Majeſtie to cognoſce the ſame to be thair hand wrytes of the blankes ſubſcrivit be the apoſtate Lords, quho verified the ſamein to be thair hand wrytes. Item, After his returning from the ſaid raid, ane ačt of Counſell made, that name ſould procure at his Majeſtie to any favour or grace to them, with ane charge to his Miniſters to take the oathes of his domeſtickes, that they ſould no wayes interceid for them at his hand; quhilk was done. [And as concerning the part of the Kirk in thir dangers: That it may appeare they have not bein ydle or negligent [in] craveing remedie, thair travells was confidderit in this, that Commiſſioners from the Aſſemblie had proponit articles to the Parliament for forfaultour of the apoſtat Earles; that petitions were direétit from a Convention of Miniſters and Barons holdin in Edinburgh, to the King when he was at Jedbrught, and again 822 THE BOOKE OF THE 1594. from another Convention holden at Linlithgow; of all quhilk ſmall ſucceſſe hes bein, and the danger nothing diminiſchit. C. & B.] Followeth the tenour of the Band and Aët above ſpecified, [ordained to be regiſtred in the Books of the Aſſemblie. C.] We, Noblemen, Barrons, and vthers, vnderſubſcryveand, being fullie and certainelie perſwadit of the treaſonable practiſes and conſpiracies of fundrie his Hienes vnnaturall and vnthankfull ſubieóts againſt the eſtate of the true religioun preſentlie profeſt within this realme, his Majeſties per- ſon, crowne, and libertie of this our native countrey, and finding his Ma- jeſties good diſpoſitioun to prevent and refift the ſamein, and to repreſſe the cheif authors therof, his Majeſtie having our concurrence and aſſiſtance to the ſamein effect, Therfor, according to our bound duetie and geale aught to Gods glory, love of our native countrey, and affectioun to his Majeſties perſon, crowne, and eſtate, we have promittit, and be thir pre- ſents promitts, faithfullie binds and obleiſhes vs, and everie ane of vs, to concurre and take ane effald, leill and true part with his Majeſtie, and ilk ane of vs with vthers, to the libertie and defence of the ſaid true religioun, crowne, and countrey, from thraldome of conſcience, conqueiſch and ſlave- rie of ſtrangers, and reſiſting, repreſſing, and perſute of the cheife authors of the ſaids treaſonable conſpiracies; as, in ſpeciall, of George Erle of Huntlie, William Erle of Angus, Francis Erle of Erroll, Sir Patrick Gordoun of Auchindoun, Knyght, Sir James Chiſholme of Dundarne, Knyght, Mr James Gordoun, William Ogilvie, Robert Abercrumbie, and all vthers Jeſuites, Seminarie Preiſts, traffiqueing Papiſts, and vthers, his Hienes declairit traitours, rebellious and vnnaturall ſubječts, treaſonabill practiſers againſt the eſtate of the true religioun, his Majeſties perſon and crowne, and libertie of this our native countrey: And to that effect, we, and every ane of vs, fall putt ourſelves in our armes, ryſe and concurre, and paſſe fordwart with his Majeſtie his Livetennants, or vthers having his Majeſties power and commiſſioun, at all tymes, as we ſalbe requyrit be proclamatiouns, miſſive letters, or wther wayes, and fall never ſhrink nor abſent ourſelves for any particular cauſe or quarrell amongſt ourſelves: We fall not ryde, affiſt, ſhew favour, give counſell to [nor take part with] the ſaids Erlis, Jeſuites, nor vthers forſaids, nor get with the perſons de- 1594. UNIVERSALL KIRK OF SCOTLAND. 823 nuncit, or that ſalbe denuncit to the horne, or declarit fugitives fra his Majeſties [lawes, J for the treaſonable fyre raiſing and burning of the place of Dumibirſle, and murther of vnguhile James Erle of Murray, and neither receipt, ſupplie, nor intertaine them, nor get furniſch them meat, drink, houſe, nor harberie, nor vtherways have intelligence with them, privatly nor publickly, be letters, miſſives, nor no vther manner of way; the ſkaith and harme of vthers we fall not conceale, but diſcloſe and imped the ſame to our vtter powers; the quarrell or perſute of vs or any of vs we fall eſ- teime, lykeas preſentlie we doe eſteime, equall to vs all ; and, be ourſelves, our haill forces, lykeas his Majeſtie, with his Hienes force and authoritie, hes promittit and promitts to concurre and aſſiſt together, ilk ame in the de- fence of vihers to our vtter powers; and in cace any variance fall happin to fall out amongſt any of vs, for quhatſumevir cauſe, we fall ſubmitt, lykeas preſentlie we ſubmitt vs, to the judgement and delyverance of any two or thrie of the principalls of vs, ſubſcryvers of this preſent Band, and fulfill quhat- ſomevir ſalbe declarit be them but reclamatioun or contradićtioun. Attour his Majeſtie, be whoſe direétioun and command, with advyce of his Counſell, ther is certaine Barrons and vthers Gentlemen dire&tit to remaine in the ſouth parts of this realme, hes promittit, and be thir preſents promitts, be the word of a prince, that the ſamein Barrons fall not be licentiat to returne home againe to the ſaids north parts; neither fall any favour be grantit to the ſaids Erles, Jeſuits, nor v theris above mentionat, nor [no] ordour tane nor diſpencit with, without the ſpeciall knowledge and advyce of the Livetennant and Commiſſioner for the tyme, and fixe of the principall Barrons, at the leaſt, inhabitants of the ſaids north parts, ſubſcryvers of this preſent Band: And this to doe, we, the ſaids Noble- men, Barrons, and vthers forſaid, hes ſworne and ſwears be the great God our Creatour, Jeſus Chryſt his Sonne our Redeimer, the Holie Ghoſt our Sanétifier, witneſſes of the veritie heir aggried vpon, and revengers of the breake therof; and farder obleiſhes vs heirto vnder the paine of per- jurie, infamie, and tinfell of credit perpetuallie, honour and eſtimatioun in tyme comein, beſydes the ordinarie paines of the lawes to be execute vpon vs, in ſigne and memorie of our vnnaturall defečtioun from God and his Majeſtie. In witnes quherof, we have ſubſcrivit thir preſents with our hands, as followes, lykeas his Majeſtie, in tokin of his allowance and approbatioun of the premiſſes, hes ſubſcrivit the ſamein, att Aberdein the day of Marche 1592. 824, 1594. THE BOOKE OF THE [The names of theſe that ſubcrived the Band anent the Religion, at Aberdeen, March 1592. JACOBUS REX. Lennox. Atholl. Marr. Mariſhall. Henry Stewart of Uchiltree. Cancellarius. James Lord Lindſay. John Lord Inverneſs. Inuermethe. John Maſter of Forbeſſe. Sir Robert Melvill. Blantyre. [Cockburne, Sir John PJ Cobrone. Tullibardine. Sir George Hume. Alexander Hume. Drum. John Grant of Frewquhy. Walter Ogilvie of Finlater. Philorth. Pitſligo. Robert Innes of that ilk. John Midletoun of Kilhill. Walter Ogſtone of Fettercarne. William Achanachie of that ilk. Mr William Meldrum of Mancofer. Robert Falconer of James Lyall of Arthure Gardine of Banchrie. George Hume. Kenneth M*Kenzie of Kintail. George Ogilvie of Banff. J. Lindſay of Brodland. t George Roſſe of Balnagoun. William Forbeſſe of Tolquhown. John Forbeſſe of Echt. William Strachan of Glenkindie. Alexander Blakhall of that ilk. John Lumſdane of Cuſchmie. John Urquhart of Culbo, Tutor of Cromertie. John Cuming of Earnfide, gounger. William Leſlie of Wardes. Alexander Forbes of Thainſtoune. Mr Alexander Cuming of Ailter. William Burnet of Camphell. Patrick Gordon of Hilhead. Andrew Harvy of Elke. William Forbeſſe of Corſe. Alexander Forbes, Tutor of Brux and Gelane. Alexander Forbeſſe of Fingaſk. William Keith of Ludguharne. Alexander Skeene. Donald Farquhardſone of Tilligar- month. Thomas Frazer of Hećtor Munro of Foullis. Andro Fraſer in Tyry. William Sutherland of Duffus. Alexander Hay of Dalgetie. Walter Cheyne of Arnege. 1594. 825 UNIVERSALL KIRK OF SCOTLAND. Patrick Cheyne of Eſlmonth. Gilbert Meingeis of Petfoddelis. J. Burnet of Leyis. William Forbeſſe of Carſindea. John Gordon, with my hand, goung- er of Auchindore. Alexander Forbeſſe of Auchintoul. George Jhoneſtoune of that ilk. John Forbeſſe of Colleis. George Bannerman of Waterton. James Gordon of Haddo. Andrew Reid of Colleſtoune. Androw Tillidaffe of Ranneſtoun. Andrew Fraſer of Stoniewood. William Forbeſſe of Monimuſk. James Mortimer, feir of Cragivarr. Petrie Leſlie of that ilk. Petrie Leſlie of Kincragie. Androw Leſlie of Newleſlie. James Stewart of Ryland. John Fraſer of Crichie. James Innes of William Abernethie of Thomas Leaſk of that ilk. David Brodie of that ilk. Mr William Leſlie of Warthill. Mr James Skeen of Weſtercorſe. Alexander Strauchan of Thorntoun. Mr Robert Douglas of Glenbervie. J. Areſkine of Pitodrie. Robert Straquhan of Dillivaird. [Sir John] Wiſheart of Pittarow. Robert Arbuthnet, feir of that ilk. William Roſſe appeirand of John Dumbarr of Maynes. Walter Watt of William Udney of that ilk. Alexander Tarbat. Mark Dumbar of Dullus. William Seatoune of Blair. John Keith of Rewinſcraig. Duncan Leſlie of Pitcaiple. Robert Coutis of George Mortimer of Auchinbeadie. Alexander Buchane of Auchmacoy. John Grahame appeirand of Morphie. John Pantoun of Pitmedden. Alexander Chalmer of Balnacraig. John Roſſe of Auchloſin. George Meldrum of Drumbrek. Archibald Douglas of Pendreich. Robert Tulloch of Tannacheis, Proveſt of Forreſte. Alexander Cumming appeirand of Alter. a William Keith appeirand of Pittarey. John Keith of Northfeild. Alexander Ogilwy of Boyne. John Hay appeirand of Lochloy. Alexander Kinnaird appeirand of Cubin. John Leſlie of Dandileith. William Wrwing of Beltie. George Ogilvie of Cullen. John Chalmer of Bobithen. John Abercrombie of Skeith. William Dumbreck of Wrtoune. Hugh Crauford of Quhithill. George Adamſon of Brako. John Innes of Auchlunkart. John Forbeſſe of Auchanachie. William Abercrombie of Robert Innes of Elrick. Dumbar appeirand of 5 M 826 THE BOOKE OF THE 1594. William Chalmer of Achorthie. Magnus Mowat appeirand of Bucholy. William Forbeſſe of Barnes. William Ogilvie appeirand of Alexander Skeen of that ilk. John Ogilvie of John Irwine of Petmurchie. Thomas Innes appeirand of Edingeith. Alexander Caddell of Aflowan. Alexander Gardine of Blackfuird. Alexander Innes appeirand of Path- George Gardine of Banchrie. nick. Alexander Keith of Andrew Meldrum appeirand of Thomas Burnet of Craigmyle. Alexander Hay of Alexander Abernethie of Laſhindrum. [Alexander] Burnet of Gaſk. Alexander Spence of Boddum. William Ferquharfone of Kelleyis. James Creightoun of Coulen. William Craig of Craigfintrie. James Ogilvie of Blerock. Gilbert Ogilvie of James Forbeſſe of Fichile. William Pendreigh of that ilk. Alexander Annan of Achterellen. Alexander Leſlie of Bucharne. Andrew Meldrum of Auchorthie. Mr John Innes appeirand of Cokſton. David Ramſey of Bomaine. Alexander Fraſer of Dorris. Seatoun of Craigie. Andrew Knokis of that ilk. John Cruikſhank of Tillimorgen. [Apud Halirudhous quinto die menſis Januarij. Annojº vs lxxxxij". Forſamekill as albeit the dangerous effectis of the couerit and bifly trauellis of Jeſuitis, Seminarie Preiſtis, born ſubie&tis of this realme, and ſum vthiris ſtrangearis, thir late geiris hes bene oft eſpyit and fearit, and for that caus, be findrie louable lawis, ačtis, and proclamationis, alſwele thair awin remaining as thair refſett, prohibite vnder diuers heich panes; git thair cullourit ſimplicitie and entiſementis hes ſafer preuaillit as thay haue nocht onlie purcheſt to thane ſelfis fauour and credite to be keipit, huirdit, and intertenyit in findrie pairtis of the realme, eftir mony promiſles maid that thay ſould haue departit furth of the ſame, but als thay haue tane occaſioun and laſure to perſwade findrie of his Hienes ſubie&tis to apoſtacie frome that religioun quhairin thay wer foſterit, weill inſtrućtit and groundit, and hes confermit vthiris in thair errouris, and at laſt ſeduceit thane to caſt of thair dew obediens quhilk they aw to his Maieſtie, and entir in trefſounable conſpiracie for inbringing of ſtrangearis Spangeartis in this 1594. UNIVERSALL KIRK OF SCOTLAND. 827 realme, this mixt ſpring or founer, to the ouerthrow his Hienes and all profeſſing the trew religioun with him, and to the ruyne and conqueiſt of this ancient kingdome and libertie quhilk this natioun hes inioyit ſa mony ageis, that it may be ſubieót heireftir to the ſlauerie and tyrrannie of that proude natioun, quhilkhes maid fic vnlauchfull conqueiſt in diuers pairtis of the warlde, alſwele vpoun Chriſteanis as Infidellis, quhereuir the ayd of Spayne hes bene focht; regairding in the end na better thair inbringaris northame aganis quhome thay wer inbrocht, being anes vićtoris and commandaris, as eaſilie may be provin be ſpeciall examplis, quhilk the malicious and vn- naturall fubie&ts of this realme wald repute bot as generall and improbable diſcourſis, publiſt in haitrene of that natioun to quhome thay haue alreddy fauld thane ſlaveis, and ar thair freindis and fačtouris in this land as thay ſpeik and write, wer nocht it hes bene the gude pleſure of Almightie God to mak the pruffe heirof certane and without all doubt, be detecting of the ſimple trouth of the intentioun and finall caus of all the craftie pračtizes of thir pernicious trafficquing Papiſtis, Jeſuitis, and Seminarie Preiſtis, aganis God, trew religioun, his Maieſtie, and libertie of this cuntrey; namelie, Maiſter James Gordoun, fader bruthir to the Erll of Huntlie, Maiſter Robert Abircrumby, fader bruthir to the Laird of Murthley, quhais letters, directionis, aduyſes, gea and the meſſingeris caryaris of thair credite and certane vthiris cheiff inſtrumentis and furtheraris of thair trade, God hes caſſin in his Hienes handis, quhen the ſhip appointit for thair tranſporting wes in full reddynes to mak ſaill: Quhairby his Maieſtie is now not onlie ſufficientlie foirwarnit of the eminent dangeir to trew reli- gioun, his awne eſtate and perſone, his realme and faithfull fubie&tis, bot reſoluit with Godis help, be quhais Prouidence he hes bene ſa wounder- fullie delyuerit fra mony former perrellis, to try the full circumſtanceis of this ſa heich a conſpiracie and deteſtable treſfoun, to withſtand it, and pVniſhe the ſame on all gilty thairof, in example to the poſteritie; and that mane of his ſubie&tis heirtofoir abuſit and diſfavit be the craftie illuſionis of thir pernicious and buſy werkmen, fall remane ony langar doubtfull of the treuth, or of his Maieſteis awne mynd and intentioun, Ordanis letters to be direét to officeris of armes, Schirefis in that parte, to mak publicatioun of the premiſs, be oppin proclamatioun, at the mercat croceis of the heid burrowis of this realme and vthiris placeis neidfull, for warning thame of thair awne dangeir, giff thay fall ſuffir thame ſelfis to be ony langer led in errour be fic diſſavable ſpirittis, to the 828 THE BOOKE OF THE 1594. perrell of thair faulis, bodyis, landis, and guidis; and therfoir to abſtene frome forder harkenning to thair trefſounable perſwaſionis, and frome all intertenyng, refſett, ſupplee, intercommoning, or haueing intelligence with thame, direétlie or indireétlie, vndir quhatſumeuir pretext or cullour, vndir the pane of treffoun; commanding alſwa all and findrie his Hienes faithfull and obedient ſubieótis that luiffis and feiris God, and wald the ſtanding and weilfair of his Maieſtie thair Souerane Lord and King, pro- feſſing with him the ſaid trew and Chriſteane religioun, and deſyris that thay, thair awne wyffis, bairnis, and poſteritie, ſould now and heireſtir enioy the commoditeis of this thair natiue cuntrey, vnconqueiſt and made ſlaves in faullis and bodyis to merciles ſtrangeris, that thay eirniſtlie imploir the mercy and protećtioun of Almichtie God for thair defence and ſaue- gaird ; and putt thane ſelfis in armes be all the gude meanis thay can, re- maining in full reddynes to perfew or defend as thay ſalbe certifeit be his Maieſtie or vihirwayes findis the occaſioun vrgent; in the meantyme dili- gentlie eſpying and getting intelligence of the treflounable courſes and procedingis of the ſaidis Jeſuitis, Seminarie Preiſtis, and trafficquing Pa- piſtis, thair fauouraris, mantenaris and reflettaris, and mak aduertiſment to his Maieſtie or ony of his Counſall thairof, with all ſpeid and celeritie, as thay will anſuer to God and his Maieſtie thairypoun. Reg. Sec. Conc.] The Generall Aſſemblie of the Kirk gives commiſſioun to thair breth- ren, Mrs Patrick Galloway, the Kings Majeſties Miniſter, Peeter Black- burne, and Patrick Simſone, to give informatioun to his Majeſtie [reſiding then at Sterlin] of the evident danger imminent to the Kirk of God within this realme, according to the inſtructioun givin to them ; and ther withall to preſent to his Majeſtie the humble articles and petitiouns of the Aſſem- blie proponit for removeing of the ſaids dangers; and to inſiſt with all humilitie and due reverence for his Majeſties good anſuer thervnto, to the glorie of God and good of his Kirk; and to report with all good diligence his Majeſties anſuer, before they diſſolve. 1594. UNIVERSALL KIRK OF SCOTLAND. 829 The dangers quhilks, throw the impunitie of the excommunicat Pa- piſts, traffiquers with the Spaingeards and vthers enemies of the religion and eſtate, are imminent to the true religion profeſt within this countrey, his Majeſties perſon, crowne, and libertie of this our native countrey. The ſamein dangers, quhilks of befoir be the craftie and pernicious prac- tiſes of the Jeſuites, and the malicious, vnnaturall, and treaſonable conſpi- racies of the Erles of Huntlie, Erroll, and Angus, with thair complices, threatins the ſubverſion of the true religioun, and the profeſſours therof, his Majeſties crowne and perſon, and betraying of this thair native coun- trey to the cruell and merciles Spaingeards, and were at that tyme diſco- verit, and [vively] apprehendit be his Majeſtie and Eſtates, and haill body of this realme, ſo evidentlie that none can pretend ignorance, at this tyme are imminent, more vrgent, and more to be feared nor quhen the danger appeirit to be greateſt, as may evidently appeir be the reaſons following: Firſt, It is certaine that the Spaingeard, quho, with ſo great prepara- tioun in the 88 geir, interpryſed the conqueiſch of this yle, remaines as get in that firme intentioun, and waites only vpon a meitt occaſioun to accompliſh that his purpoſe, as appeirs cleirly be his continueing in [this] intertainment of intelligence and traffiqueing with the forſaids excommuni- cats ever ſince the diſſipatioun of his navie. Secondlie, The manifeſt rebellions of the forſaid excommunicats and defectioun from his Majeſties obedience, after ſo evident appeirances of thair wrack for thair manifeſt and treaſonable attempts at the Brig of Die, at Falkland, &c. and the proofe of his Majeſties clemencie and favour to- wards them in pardoning thair foirſaids treaſons, declares that thair mali- cious and reſtles ingynes in the proſecuting of thair vnnaturall conſpiracies aganis the religioun and countrey, cannot leave [of] nor ceaſe ſo long as they are not puniſchit, nor reſtrainit by juſtice and executioun of juſtice. Thirdlie, Quheras the Kirk, at all occaſiouns, hes infiftit to declare to his Majeſtie and Counſell, and Eſtates, the dangers evident for the tyme, and to crave convenient remedies thervnto, get in effect nothing hes bein obtained thervnto, notwithſtanding quhatſomevir promiſes, ačtis, proclama- tions, readis &c.; quherthrow they have bein alwayes put in great ſecuritie, and takes libertie and boldnes of farther praćtiſes and attempts, 830 THE BOOKE OF THE 1594. Fourthlie, Notwithſtanding it was expreſſlie provydit be act of Counſell, that none ſould preſume to traffique or ſpeake in favour of the ſaids ex- communicats, vnder the paine of tinfell of thair offices; get now they are advancit in greater credit of his Majeſtie, that have bein knowin to be thair cheifeſt favourers; and they ceaſe not get, contrair to thair promiſes, to procure them all favour, ficht and immunitie, as it appeirs in effect, quhatſoevir they pretend. Fyftlie, The erectioun of the idolatrie of the Meſs in diverſe quarters of the land, as, namelie, in Mr Walter Lindſayes houſe of Balgay in Angus, in the gong Laird of Bonytounes houſe of Birnes, in the Erle of Angus houſe of Bothwell in Cliddiſdaill, and in the places of his reſidence in Dowglaſdaile, and in the Erle of Huntlies houſe of Strabogie and Auld Aberdein, in the Erle of Errolls houſe of Logieamount and Slaines, proves cleirlie that either they find themſelves ſufficiently aſſured of ſuch favour and aſſiſtance within the countrey as may plainly mantaine thair cauſe be force, or els [that] they are perſwadit of the aide of ſtrangers, to be at readines in ſuch due tyme as they may ſerve for thair releife, before that his Majeſtie and the profeſſours of religioun performe any thing in effect in the contrair, or viherwayes they durſt nevir ſo openlie diſcloſe thair idolatrie. Sextlie, The refuſeing of the aët of abolitioun offerit to them be his Majeſtie, to the great greife of his good ſubjects, proveth ſufficiently the ſamein; for it is very probable and manifeſt that they nevir wald have refuſit ſo great a benefite, except they had thoght themſelves fullie aſſured of a better, either be favour of Court and aſſiſtance within the countrey, or be [concurrance and Jaide of ſtrangers without. Sevinthlie, Thair refuiſall to entir in ward, notwithſtanding of his Ma- jeſties indignatioun, and all that might follow thervpon, proves the ſamein. Auchtlie, The late arriveall of this barke at Montrois evidently ſhawis, that thair dangerous pračtiſes are preſentlie at the point of executioun aganis the religioun and the countrey, and mon haſtilie bring foorth ſome great inconvenient, except they be preventit and refiftit be ane preſent remedie. Nynthlie, The oppin conventiouns of the forſaid excommunicat Erles haldin at Brechin and viher places, ſince the arriveall of the ſaid bark, de- clares that they eſteine thair courſes now to be ſo ſubſtantially led, that they regard not quhat [may] be done for reſiſting of the ſame. 1594. UNIVERSALL KIRK OF SCOTLAND. 831 10. The diligence of the ſaids excommunicats in preparing and putting thair haill forces in the north in armes and readines, vpon advertiſement, ſhewis that they have ſome preſent interpryſe, and attends only vpon con- curreance, quhilk appeirandly they are verie meikle animat to looke for fince the arrivall of the ſaid bark. 11. Quheras his Majeſtie and Eſtates, at the firſt diſcoverie of thair con- ſpiracies, apprehendit a very great danger to true religioun, the Kings Eſtate and Crowne, and libertie of the countrey; and notwithſtanding that the ſamein cauſe of danger as git remaines haill vnremovit, ther is no apprehenſioun of any danger, nor earneſt care to withſtand it : It is evi- dent, that either ther is ane inclinatioun and purpoſe to cover, extenuat, and beir foorth the evill cauſe, quherthrow they will not fie; or els the Lord in judgement hes blindit and hardnit the hearts of all Eſtates, to grop in the mid day that quhilk they cannot fie, quhilk 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 more to be fearit, be- cauſe ther is no cauſe of feare apprehendit. Remedies of the ſamein. For remedie of the forſaids dangers, the Aſſemblie ordaines the Com- miſſioners to deale earneſtly with his Majeſtie, that he may apprehend the perrill, and be movit with ane bent affectioun, to proceid againſt the foir- namit excommunicats, Papiſts, traittours, as followis. The Remedies. The Kings Anfuers. 1. That the ſaids excommunicats There sall nothing of the turne be vn- be forfaultit without favour, and to done on my part, as I have at lenth de- that effect, that the Parliament ap- clarit to the beirers. pointit to the 27 of this inſtant, be haldin preceiſlie without any kind of delay; the advocat ſufficientlie in- ſtrućtit in every point, that the ſum- mounds may be found relevant, and ſufficient probatioun provydit. 832 1594. THE BOOKE OF THE 2. That none ſuſpect of religioun be choſin vpon the Articles. 3. That they be perſewit after the foirfaultrie be way of deid with all extremitie, and thair land and rents annexit to the crowne, to remaine with his Majeſtie and ſucceſſours for ever, and no part therof diſponit to any in favour of the perſons foir- faultit. 4. That in the meane tyme his Majeſties guard be imployit for ap- prehending of Mr Walter Lindſay, the Abbot of Newabbay, Bonytoun, gounger, Mr George Ker, Mr Alex- ander Leſlie, Thomas Tyrie, with all vthers traffiquers, Jeſuites, and Seminarie Preiſts, not contained in the ſumounds of forfaultrie. 5. That the rebells houſes be takin, chargit and mannitt, [and thair] liv- ings intromettit with and vptakin into his Majeſties vſe without favour, and no part therof diſponit to thair friends, or any vther perſon for thair comoditie. 6. That all perſons be inhite vnder the paine of treaſon, and tinfell of lyfe, land and goods, to receipt, ſup- plie, ryſe, concurre, and have intel- ligence with the forſaids excommu- nicats, vnder quhatſumevir pretence of vaſtalls dependers. Great reason, and farther as I have shawin the forsaid bearers. Great reason, the foirfaultrie being endit. How willing I am to be imployit in apprehending any practiseing Papists, I remitt me to the bearers declaratioun. Great reason how soone they are for- faultit; [and] I thank them for thair Counsell. Great reason, thair foirfaultour alwayes preceiding. 1594. 833 UNIVERSALL KIRK OF SCOTLAND. 7. That the haill ſubieóts be char- geit to put themſelves in armes, be all good means they can, remaining in full readines to perfew and de- fend, as they ſalbe certified be his Majeſtie, or vtherwayes findand the occaſioun vrgent. 8. That the bark arryvit at Mon- trois be apprehendit, and that the perſons that were within her, to- gither with ſuch [vthers] as hes had a dealing with them, according as they ſalbe givin vp in tickett, be callit and diligentlie examinit for diſcoverie of the pračtiſes and purpoſes quhilk they have preſentlie in hand. 9. Forſameikle as the Lord Hoome hes contraveinitfundriepoints, quher- in he was obliſchit to the Kirk of Edenburgh be his promiſe at the re- ceiving of his ſubſcriptioun, as, name- lie, in not ſatiſfieing the Aſſemblie of Fyfe ; in not receiving a Miniſter in his houſe ; in not removeing out of his companie Captaine Andro Gray and Thomas Tyrie ; quherby, [as] alſo be his ſlanderous lyfe ſen his ſubſcriptioun, he hes givin juſt cauſe of ſuſpicioun to the Kirk and all good men, that in his heart he is not 3et truelie ſanétified and con- verted to the true religioun : Ther- for, that his Majeſtie wald take ear- neſt tryall of the premiſſes, and ther- of judge if ther appeir in him ſick a To be ready at my charge is very meit; but I vnderstand not the last clause of Vrgent occasioun. I sall omitt no diligence in that quhilk can be requyrit at my hands, as I sall ansuer to God. Distingue tempora et concordabis Scrip- turas. The meaning of this the beirers will expone vnto 3ou. 5 N 834 THE BOOKE OF THE I594. ſinceritie of religioun and lyfe as his Majeſtie may lippen to, and the Kirk looke for ſure freindſhip in ſuch dan- gerous a tyme, in the cauſe of reli- gioun ; quhilk not being found, that his Majeſtie wald remove him fra his companie, and diſcharge him of all publick office and comandment. 10. That the Guard preſentlie The complaints belongs not to thair takin vp be tryed, together with office : Alwayes I have satisfied the thair Captaines, in reſpect of many beirers heirin. Sic subscribitur, complaints givin in againſt them to JAMES R. the Aſſemblie. At Edenburgh the 10 of May 1594. The Aſſemblie gives commiſſioun to Mrs Patrick Galloway, Robert Rollock, Patrick Simfone, James Melvill, James Nicolſone, to propone the dangers and remedies above wrytin to his Majeſtie, and to report his Majeſties anſuers theranent. Sic ſubſcribitur, Mr ANDRO MELVILL, Moderatour. Seño 11+ 13 Maj. Anent the horrible ſuperſtitioun vſed in Garioch and diverſe parts of the countrey, in not labouring ane parcell of ground dedicate to the Devill, vnder the name of the Goodmans Craft : The Kirk, for remedie therof, hes found meitt that ane article be formed to the Parliament, that ane ačt may proceid from the Eſtates therof, ordaining all perſons, poſſeſſours of the ſaids lands, to cauſe labour the ſamein betuixt and ane certane day ap- pointit therto ; vtherwayes, in cace of diſſobedience, the ſaids lands to fall in the Kings hands, to be diſpomit to ſuch perſons as pleaſes his Majeſtie, quho will labour the ſamein. 1594. UNIVERSALL KIRK OF SCOTLAND. 835 Seſſio 12* 14 Maj. Anent the ſupplicatioun of the Miniſter and parochiners of Bruntiland, deſyreand the Aſſemblie to allow the act of the Synodall Aſſemblie of Fyfe concerning thair new kirk, in allowing therof to be the paroch kirk : The haill Kirk preſent being advyfit with the ſaid ordinance, vnderſtanding that the new kirk buildit be thame is moſt comodious for the parochin, both in reſpect of the greatnes of the congregatioun, and ewiſtnes of the place, and alwayes more convenient then the auld kirk, quhilk is not able to receive the congregatioun, and is farther diſtant from them : Therfor allowis and approvis the judgement of the Provinciall Aſſemblie of Fyfe, and ordaines the ſaid new kirk to be the paroch kirk therof in tyme comeing. Alexander Lord Hoome compeirand in the face of the Aſſemblie, and inquyrit be the Moderatour, if he confeſſit in [his] heart befor the Lord, and with his mouth, that he was juſtlie caſtin out of the Kirk be a ſentence of excommunicatioun pronouncit againſt him be the Synodall Aſſemblie of Fyfe, and, as he wald anſuer vpon paine of his ſalvatioun and damnatioun, ſimplie to ſpeake the trueth theranent, Proteſtit and acknowledgit [openlie, I that he was juſtlie excommunicat, and confeſt his fault therin : And being inquyrit why he foght not to be relaxit from the ſaid ſentence according to the direétioun of the Preſbitrie of Edenburgh, excuſit him be ignorance of that part of the aët: As alſo being accuſit, that he detainit the ſtipend of fundrie of the Miniſtrie, ſpeciallie of Chirneſyde, anſuerit, That he was ready [to doe] quhat he ought to doe of law : Being farther demandit, why he keipit not conditiouns ſpeciallie ſett downe in the aët of the Preſ. bitrie of Edenburgh, as, namelie, tuiching ane Miniſter in his awin houſe, tuiching the removeing of Thomas Tyrie out of his companie, anſuerit, That he remembrit not that he was obleiſed be promiſe to have a Miniſter in his houſe, get, in that point, he is content to have ane, as the Kirk fall appoint him ; [and] as to Thomas Tyrie, Grants that he was in his ſervice fen his ſubſcryveing, bot vnderſtands not that he was obliſched to remove him quhill the Kirk had proceidit [to] excommunication againſt him, quhilk he beleives he foght of the Kirk, and beleives that they grantit [it ;] alwayes fra he was excommunicat, he removit him out of his com- panie ; and as to Johne Tyrie and Captane Gray, they were not his ſer- 836 THE BOOKE OF THE 1594. vants: Being inqyrit, if ther was any [perſon] callit Cowie, quhom with he ſpak ſhortly, or any ſett on land with the bark that came laſt in [from Flanders, Denyes the ſamein : And inquyrit if Macquhirrie was in his houſe ſhortlie, Grants, within this few dayes he was in his houſe, and came by his witting, haveing neither letter nor commiſſioun to him, and paſt away within halfe ane houre: And laſt of all, the ſaid Lord confeſſit in preſence of God and his holy angells, quhom he tooke [witneſſes, and the Lord Jeſus [Chriſt] quhom he tooke Judge, quhen he fall come to judge the quick and the dead, that he profeſſit from his heart the religioun preſentlie profeſſit be this Kirk here preſent, quherof he had alreadie ſub- ſcryvit the articles befor the Preſbytrie of Edenburgh, and with his ſolemne oath confeſſit befor them, and now confeſſes befor the Aſſemblie, to be the only true and infallible religioun quhilk leids to ſalvatioun, quherin he mynds to live and die, and fall to the vttermoſt defend againſt all the enemies therof; and denyes, as he fall anſuer to the dreadfull God, the Romane Catholick religioun, as the Antichriſtian religioun directlie opponit to the truth of God and his true ſervice, quhilk he teſtifies to the haill Aſ- ſemblie be vphalding of his hand, and be ſolemne witneſling of God, that he hes no diſpenſatioun nor indult to ſubſcryve or ſweare to the ſaids articles. For farther ſatiſfactioun of the brethren, the Kirk ordaines my Lord Proveſt of Edenburgh, Alexander Hoome, the Laird of Aittoun, Mrs Johne Dauidſone, David Black, David Lindſay, to deale farther with my Lord afternoone, to try of his full reſolutioun. Inſtrućtiouns to Sir Robert Melvill of Mordocairnie, and Alexander Hoome of Northberwick, Commiſſioners for his Majeſtie at the pre- ſent Generall Aſſemblie, of Articles proponit in his Majeſties name to the ſaid Generall Aſſemblie at Edinburgh. 1. To proteſt that his Majeſties royall priviledge, newlie ſett foorth be ačt of Parliament, be not prejudgeit in the conveining of the nixt Generall Aſſemblie ; and to that effect, that befor thair diſſolving at this time, they direct ſome of thair number to his Majeſtie, to be reſolved be him vpon the time and the place of the nixt [meeting of the] Generall Aſſemblie, accord- ing to his Majeſties propoſitioun, and their promiſe in the laſt Generall Aſſemblie haldin at Dundie. 1594. UNIVERSALL KIRK OF SCOTLAND. 837 2. That they will ratifie and approve, be act of this preſent Aſſemblie, thair promiſe made to his Majeſtie in thair foreſaid laſt Aſſemblie, that in any thing that any of the Miniſtry had to crave, or complain to his Majeſ- tie, they ſhould doe it be particular conference with himſelfe, and not vtter publickly in pulpitt any vnreverent ſpeeches againſt his Majeſties perſon, Counſell, or Eſtate, vnder the pain of deprivatioun ; and that for this cauſe they will preſently try and cenſure ane of thair number who hes contra- veinit the ſaid ačt : and in ſpeciall, that they will examine ſo many of thair number as was preſent at the laſt Synodall Aſſemblie haldin at Perth, and charge them vpon thair great aithes and conſciences, firſt, to declare what vnreverent and treaſonabill ſpeeches of his Majeſty they heard Johne Roſſe vtter publickly from the pulpitt, in all thair audiences; and nixt, whither they cenſurit him for the ſame thereafter or not ; and to de- fire them in his Majeſties name, that according to the Synodall cenſureing of him, they wald judge him as he demerits on the ame part, and his Majeſties modeſt behaviour, ever ſince the beginning of that turne, hes deſervit. 3. That they will excommunicat Mr Andro Hunter, for bringing in ane ſcandall vpon thair profeſſioun, as the firſt opin traitour of their funètioun, againſt ane Chriſtian King of thair [own] religion, and their naturall Sove- raigne. 4. That be ačt of thair Aſſemblie they will ordaine every particular Min- iſter within thair charge, to diſſwade, as weill be publick as privat exhorta- tioun, thair flock committit to thair cure, from concurring with the treaſon- abill attempts of Bothwell, or any vther traitours, that raiſes or fall raiſe themſelves vp againſt the lawfull authoritie placit be God in his Majeſties perſon : and ſpecially, that they ſall narrowlie take heid, and not ſuffer any of thair flock to be ſeducit vnder colour of religioun, or whatſumevir falſe pretext, to receave wages and become ſouldiours for ſervice of any per- ſons, except they fie his Majeſties commiſſioun and warrand thervnto ; and namelie of Bothwell, quho hes preſentlie, in diverſe parts of this realme, attemptit the ſame. 5. That in reſpect the Parliament time is at hand, and the occaſioun will ſuddenlie ſerve for declareing of his Majeſties godlie and honeſt intentioun in perſecuting of the Papiſts [and] excommunicat Lords, both be law and vther- wayes ; that, therefor, they will ſelect ane or two Commiſſioners of the diſ. creiteft and wifeſt of every principall Preſbytrie, and give them commiſſioun 838 THE BOOKE OF THE 1594. to attend vpon his Majeſtie at this time, as weill that his Majeſtie may have thair good advyce and aſſiſtance in his good turne, no leſſe concerning the eſtate of the religioun then the eſtate of his Majeſties crown and country; and likewiſe that his Majeſtie may, be their moyen, direét and inform quhat he wald wiſch to be done be the haill reſt of the Miniſtrie, as occaſioun fall from time to time be preſent. Sic ſubſcribitur JAMES R. Seſſio 13a; 14 Maj. Anent the offence conceivit be his Majeſtie agains a brother callit Johne Roſs : The Aſſembly of the Kirk thocht it expedient that certaine of the godly, diſcreiteft and beſt learnit men of the Kirk, ſould be choſin out, befor quhom that matter ſould be firſt brockin vp and preceiſlie handlit, and therafter brocht in publick befor the haill number; and to that effect were choſin Mrs Andro Melvill, James Nicolſone, Robert Bruce, Robert Rol- lock, Johne Davidſone, Johne Craig, David Lindſay, Patrick Galloway, James Melvill, Walter Balcanguell, Alexander Forbes, James Robertſone, David Ferguſone: Quhilk mumber were ordainit to conveine immediatly after thair ryſeing in this houſe, and ſo many of the brethren of the Syno- dall of Striveling as are preſent, warmit to be ready as they ſalbe callit for, Seſſio 14a. 15 Maj. The quhilk day compeirit Alexander Lord Hoome in Aſſemblie, and with all humilitie craveit that he might be abſolvit from the ſentence of excommunication led againſt him, proteſting befor God he wald in tyme comeing give proofe of obedience and ſervice to God, and mantaine the trueth of his religioun profeſſit be the Kirk heir preſent to his lyves end; and althogh he was ſometyme in ane different religioun from them, now avowis, he being bettir inſtrucit in the heid quherin he ſometyme differit from them, the preſent Confeſſioun of Faith and religion profeſſit preſent- lie be the Aſſemblie; and if he ſall heirafter declyne therfra, ſubmitts him in that cace to the Aſſemblie of the Kirk, hoping be Gods grace, nevir to make defeótioun therfra. 1594. UNIVERSALL KIRK OF SCOTLAND. 839 The Aſſemblie, in reſpect this matter hes bein paſt be word, hes thoght meitt that certaine conditiouns ſalbe ſett downe in wryte, to be ſubſcryvit be his Lordſhip ; therafter his fute of abſolutioun to be confidderit. Seſſio 15a, Eodem die. The Aſſemblie ordanes ane faſt to be keipit within the Preſbitrie of Edenburgh, and fick vther parts quher the ſamein may be conveniently had, vpon Sonday the 26 of this inſtant, immediatlie preceiding the Parliament; and his Majeſtie to be remembrit that ane exhortatioun may be had, ac- cording to the cuſtome quhilk was keipit of befoir, the firſt day of the Parlia- ment, and a thankſgiving at the concluſion therof be ane of the Miniſtrie; and alſo that his Majeſtie be put in mynd of the ſaid faſt appointit the foir- ſaid day, to the effect his Majeſtie and his houſe may keip the ſamein. In lyke maner it is ordanit, that a generall faſt be obſervit [vniverſallie] through the haill realme, the twa laſt Sondayis of Junijnixt to come, with exhortatiouns and prayers to be keipit betuixt the twa Sondayis on the weik dayes: The cauſes of the quhilk faſt ſalbe intimat and preſentit the morne in wryte be Mrs James Melvill, Patrick Galloway, and James Nicolſone. The ſamein day, the conditiouns vnderwrytim being proponit to Alex- ander Lord Hoome be the Generall Aſſemblie, to teſtifie his wafained re- pentance, after reiding of the ſaids articles ſeverallie : Firſt, he ratified and approvit the ſubſcriptioun and aith givin be him to the Confeſſioun of Faith, at Edenburgh the 22 day of December laſt, and that with ane ſo- lemme aith, halding vp his hand, and aggrieing to the ſaid articles, and every ane of them; [and] in tokin of acceptatioun therof, [proteſting] he dois the ſamein ſincerelie, ſubſcryvit the ſamein with his hand, humblie re- quyring, in reſpect of his obedience and repentance, that the Kirk wald re- laxe him from the ſentence of excommunicatioun pronouncit againſt him. The Aſſemblie, in reſpect of his repentance ſhawin, his aith and declara- tioun givin geſterday, and obedience in ſubſcryveing the ſaids conditiouns, being ſatiſfied therwith, and hopeing that he fall fullie keip promiſe in tyme comeing, ordaines him to be abſolvit from the ſaid excommunicatioun, and the ſentence of abſolutioun to be pronuncit be the Moderatour the morne at meiting. 840 THE BOOKE OF THE 1594. Followis the Conditiouns. 1. The Aſſemblie craves that the ſaid Alexander Lord Hoome ratifie and approve the fubſcriptioun and aith givin be him to the Confeſſioun of Faith, at Edenburgh the 22 day of December laſt, [or ſubſcrive] and ſweare againe de novo in face of the haill Aſſemblie, as ſalbe thoght expe- dient. 2. That he remove and hald furth of his companie, all Papiſts and tra- ffiquers aganis the true religioun, and quhatſoevir [perſouns] falbe dilaitit to his Lordſhip to be ſuſpect and corrupt in religioun ; that he receive and intertaine in his houſe Mr Archibald Oſwell as his ordinarie Paſtour; and failgeing of him, ſome vther diſcreit and godlie Miniſter, be advyce of the Preſbitrie of Dunbar; and that he make his familie fubie&t to the Word and diſcipline. 3. That he reſort to the publick heiring of the word, in all places quher it fall happin him to repaire and have his reſidence, and that he commu- nicat. 4. That he make his haill tennents and ſervants ſubject to the diſcipline of the Kirk quher they remaine. 5. That he repaire all the ruinous kirks within the Pryorie of Colding- hame, and provyde ſufficient livings for Paſtours plantit and to be plantit therat [according to the aët of Parliament;] and ſuchlyke of all kirks within his bounds, ſo farre as law and reaſon may bind therto. 6. That he make thankfull payment to the Miniſters of Chirnſyde, Swintoun, and Fiſchak, of thair ſtipends, conforme to thair aſſignations and decreits paſt thervpon, in cace he be obliſchit therto be law. 7. That he concurre, be his counſell, crydet, and aſſiſtance, for mantein- ance of the true religioun publicklie profeſt and taught within this realme, with the mantainers therof, aganis all and quhatſumevir wald come in the contrair, within the countrey or without. - 8. That he neither receipt, aſſiſt, intertaine, intercomoun, or have [any] intelligence with, the excommunicat Papiſt Lords, Jeſuits, Seminarie Preiſts, nor traffiqueing Papiſts; nor ſoliſt [for] thane, or ſhew them favour, direétlie or indirectlie, in judgement or out of judgement. 9. That he neither reaſon nor ſuffer any reaſoning to be againſt the true religioun, or any point therof, in the places quher he may inhibite the ſame. 1594. UNIVERSALL KIRK OF SCOTLAND. 841 10. That he imploy himſelfe carefullie to apprehend and preſent to juſtice Mr Alexander M'Quhirrie, and all and quhatſumevir Jeſuites, [Seminarie Prieſts, and traffiqueing Papiſts, that fall reſort] within his bounds; and that he doe nothing that may be found be the miniſter appointit for the tryall of his behaviour, to be prejudiciall to the true religioun preſentlie pro- feſfit be the Generall Aſſemblie heir preſentlie conveinit; and in cace he ſalbe found to contraveine any ane of the forſaids points, that, in that cace, he conſent to be ſummarlie excommunicat vpon the notoriety of the faët. And in teſtimonie of his acceptatioun of the ſaid conditiouns, that he ſubſcryve thir preſents with his hand. Sic ſubſcribitur, ALEXANDER LORD HOOME. Forſameikle as Alexander Lord Hoome, be his ſubſcriptioun, is bound to obſerve and keip the conditiouns proponit to him be the Generall Aſſemblie, and acceptit be him; and in cace he be found to contravein the ſamein, or any of thane, to be ſummarlie excommunicat vpon the notoritie of the faët: The Generall Kirk gives libertie to quhatſumevir Preſbitrie that fall vnderſtand of his contraventioun of the ſaids conditiouns, to call him, and try him of the ſaid contraventioun, and convićt him therof if he be found guiltie; and the convićtioun to be direct and ſent to the Preſbitrie of Edenburgh, to quhom the Kirk gives commiſſioun ſummarlie to pronounce the ſentence of excommunicatioun againſt him. Seſſio 16a, 16 Maj. According to the ordinance of the Aſſemblie, the aëtioun of abſolutioun of Alexander Lord Hoome being committit to Mr David Lindſay, exhor- tatioun being firſt made, the ſaid Lord was inquyrit, If he was ſorie in his heart for the fault and offence he had committit, and that he had incurritt the ſaid ſentence, and fand ane earneſt dolour in his heart for that he was ſeparate from the Kirk heir preſent ſo long, thrifting moſt earneſtlie to be joynit thereto as ane member of Chryſts bodie, and promiſeing, as he fall anſuer to God, in tyme comeing to continue ane conſtant profeſſour in the trueth of his religioun, preſentlie and publicklie allowit be the Kirk of Scotland heir conveinit, to his lyves end, and to ſhew the fruites of a true Chriſtian in his lyfe, removeing all ſlanderous perſons out of his companie: 5 O S42 THE BOOKE OF THE 1594. Quho anſuerit, in Gods preſence, It was his true meaning, and intendit to ſhew the ſame in evident effects in tyme comeing : Quherfor, thanks being givin to God, and prayer made, he was ſolemnlie abſolvit from the ſaid ſentence be the ſaid Mr David, and receivit be him in name of the ſaid brether, and embraced as ane member reconcileit to the Kirk. Seſſio 17a. 17 Maj. Forſameikle as Mr Andro Hunter, [Miniſter, I hes deſertit his flock, and is fugitive from the lawis, being bruitit and ſuſpectit to have joynit him- felfe with the Kings rebells: The Aſſemblie preſent depoſes him fra the functioun of the Miniſtrie, ay and quhill he have ſatiſfied for his offence, his Majeſtie and the Kirk. Anent the Kings Majeſties Articles: In reſpect the firſt article tuitches the tyme and place of thair mixt Aſſemblie, the haill Aſſemblie, with advyce of his Hienes Commiſſioners, hes appointit thair mixt General Af. ſemblie to be at Montrois, the laſt Tueſday of Junij come ane geir ; provyd- ing alwayes, in cace it be found expedient pro re nata be the Preſbitrie of Edinburgh to be ſooner, vpon thair advertiſement, the ſamein to be pre- veinit. And as concerning his Majeſties firſt article, anſuer is givin, That the tyme and place is appointit in preſence of the Commiſſioners, according to the ačt of Parliament. As to the ſecond, The aët made at Dundie, de novo is ratified. The anſuer concerning Johne Ros particular continued quhill afternoone. Concerning Mr Andro Hunter, The Kirk hes depoſed him. The 5 and 6 articles aggried vnto. Ordaines every particular Paſtour, at his awin Kirk, to intimat the ſen- tence of abſolution pronuncit in favours of my Lord Hoome, from the pro- ces of excommunication led againſt him. Seſſio 184. Eodem die. Anent the matter of offence conceivit be his Hiemes againſt Johne Ros, Miniſter, be occaſion of ane ſermoun made be him in preſence of the Pro- 1594, UNIVERSALL KIRK OF SCOTLAND. 843 vinciall Aſſemblie at Perth: The ſaid matter being firſt ordainit to be treattit and weyit in privie conference, and ane certaine of the grave, learnit and godly brethren beand appointit therto, and to give thair judge- ments to the whole Aſſemblie, the ſaid brether reportit thair advyce and proceiding in wryte as followes: Firſt, They have found that the peiple departit not out of the kirk befor the end of the doćtrine, as it hes bein reportit to his Majeſtie, quherthrow he might have vºtered any kynd of offence; and that the ſaid Aſſemblie had pronuncit no dammatour ſentence againſt him, bot that they onlie ad- moniſhit him vpon ſuch cauſes and confideratiouns as efter followes: 1. In reſpe&t that he delyverit that doćtrine at that tyme quhen his Ma- jeſties rebells and enemies were aſſemblit on the feilds, quherthrow it might appeare to the peiple, the Kirk allowit Bothwells treaſonable attempts, and that the Aſſemblie of purpoſe had placit him in that rowme, to alienat the hearts of his peiple from his Majeſties obedience. 2. In reſpect of certaine ſpeiches delyverit be him without any ſufficient warrand, ſo farre as they could fie and vnderſtand, and namelie that fen- tence pronuncit againſt the houſe of Guiſe de futuro. 3. In reſpect of the hard delyverie of ſpeiches ſpokin of his Majeſtie, quhilk might have bein thocht to have craveit greater geirs and farther ex- perience: Farther the haill brether, both of the Conference and of the Provin- ciall of Perth, all in ane voyce acknowledgis that ther is juſt cauſe of ane ſharper rebuike and threatning of heavier judgements foorth of the grounds of that text, then hes bein or might have bein vtterit be him ; and quhatſo- evir he vtterit, as he deponit before God and [vpon] his conſcience, he vttered it out of love, feiking alwayes his Majeſties ſtanding, on na pre- occupied mynd, prejudgeit opinioun, or troublit affectioun, bot of ane faul alwayes ſeiking and thrifting his Majeſties honour and weill in God; and therfor approves his whole doćtrine in that point, as it hes bein red and de- clarit be himſelfe, in ſuch heids as hes feimit to have bein moſt offenſive. And as concerning the admonitioun of the Provinciall of Perth, and the cauſes moveing them thervnto, the brethren reverences and allowes thair judgement in all things, vpon confideratioun as is befor expreſt; onlie anent the ſentence touching the Houſe of Guiſe de futuro, becauſe the haill bre- thren hard it not, [and] he himſelfe profeſſes he remembers not he ſpake ſwa, neither had he ſuch meaning [at any time, and confeſſes his fault if ſuch ane word hes fallin out; the brethren thinks meitt with himſelfe in that point, that if he hes ſpokin ſo, he hes failit, having no juſt warrand : And being myndit 84.4 THE BOOKE OF THE 1594. to ſatiſfie his Majeſtie alwayes ſo farre as [poſſiblie] may be done with ane good conſcience, after earneſt incalling of the name of God for aſſiſtance of his Spirit, and long advyſement, hes found it good that the admonitioun of the Provinciall of Perth, as ſaid is, be reverencit of the ſaid haill Gene- rall Aſſemblie, and that the Aſſemblie at this tyme give farther to the ſaid Johne Rosane grave and earneſt admonitioun, to ſpeake at all tymes reve- rentlie and with ſuch wiſdome of his Majeſtie, as he alwayes may have ſo cleir ane warrand of his ſpeiches as may fullie ſatiſfie his awin conſcience befor God, and may have the approbatioun and allowance of all his godly brethren : and that this admonitioun be extendit to all vther goung men of the Miniſtrie, and to the haill Aſſemblie. Quhilk judgement of the haill brethren being well confidderit be the haill Aſſemblie, after good deli- beration, vottit to the approbatioun of thair ſaid judgement, and allowit the ſamein in all points. And therafter the ſaid Johne Ros beand callit in, he, in preſence of the ſaid Aſſemblie, proteſtit befor God, and [in] his conſcience, that quhatſo- evir he vtterit in the doćtrine dely verit be him, he vºterit the ſamein for love to his Majeſties weill and ſtanding, of no preoccupied mynd, prejud- geit opinioun, or troublit affectioun, bot of ane faul ſeikand his Majeſties honour and weill in the Lord, haveand neither eye nor reſpect to his Ma- jeſties traitours beand then in armes vpon the fields; get granting ſome words to be hardlie delyverit (thocht truewlie :) And as concerning the words ſpokin of the Houſe of Guiſe de futuro, [as is alledgit, J befor the Lord, he remembers not he ſpake ſuch wordes, neither had intentioun nor meaning to ſpeake the ſamein, and if he ſpake the ſamein, it was ane fault et lapſus linguæ. The Moderatour, at command of the ſaid Aſſemblie, in the name and feare of God, admoniſchit the ſaid brother, and all vthers gong men of the Miniſtrie, and haill Aſſemblie, in all tyme comeing, to ſpeake ſo reverent- lie and diſcreitly of his Majeſtie, that they may have ſo cleir warrand of thair ſpeiches as may fullie ſatiſfie thair awin conſcience befor God, and have approbatioun and allowance of all the godlie, and his Majeſtie have no juſt cauſe of complaint and miſlyking in tyme comeing : Quhilk ad- monitioun the ſaid Johne with all humilitie reverenced. 1594. UNIVERSALL KIRK OF SCOTLAND. 845 Humble Anſuers of the Generall Aſſemblie of the Kirk [conveinit] at Edenburgh, the 27 day of May 1594, to his Majeſties Articles, preſentit be his Commiſſioners. Firſt, Anent the tyme and place of the Generall [Aſſemblie :] The ſamein is appointit be advyce of his Hienes Commiſſioners preſent, accord- ing to the aët of Parliament. 2. The aët made be the Generall Aſſemblie at Dundie, is de novo rati- fied and approvin. And the particular of Johne Ros reſolvit, as his Ma- jeſtie ſalbe informit more particularlie be the Commiſſioners of the Kirk to be direét to his Grace. 3. Twitching Mr Andro Hunter: The Aſſemblie hes proceidit and givin ane ſentence of depoſitioun for his offence aganis him, quhill he ſatiſ- fie his Majeſtie and the Kirk. 4. Every particular Miniſter within his charge is ſtraitlie commandit to diſſwade their flocks, as weill be publick as privat exhortatiouns, fra con- curring with the treaſonable attempts of Bothwell, or any [vther] traitour to his Majeſtie, that raiſes or fall raiſe themſelves vp againſt his authoritie; and ſicklyke to take heid and ſuffer not their flocks, vnder cullour of reli- gioun, or quhatſoevir falſe pretext, to receive wages of any perſouns with- out his Majeſties warrand, and namelie of the ſaid Bothwell. 5. They have appointit a reaſonable number of brethren to awaite on his Majeſtie, for ſatiſfieing of the laſt article. With thankſgiving to God for his mercies, the Aſſemblie diſſolvit, 846 THE BOOKE OF THE 1595. A. D. M.D.XCV. THE Generall Aſſemblie of the Kirk of Scotland conveinit at Mon- trois, the 24 day of Junij 1595 geirs. Exhortatioun was made be Mr Andro Melvill, Proveſt of the New Col- ledge of Sanét Androes, and Moderatour of the laſt Aſſemblie. Mrs Ro- bert Pont, Peter Blackburne, James Nicolſone, were on the leits, and the ſaid Mr James, be pluralitie of vottis, was choſin Moderatour hac vice. Seſſio 2a, 24 Junij. Anent the queſtioun movit in the Aſſemblie, If it be proper to them to declare be the Word of God, quhat mariages are laufull, and quhat are wnlawfull, ſo farre as concernes the ſpirituall part therof: It was anſuerit affirmative, that it was proper. Seſſio 3a, 25 Junij. Ordaines the Preſbitries in all parts within this countrey to proceid againſt the Papiſts within thair bounds, with the ſentence of excommuni- 1595. UNIVERSALL KIRK OF SCOTLAND. 847 cation : And becauſe of the weaknes of the Preſbitrie of Inuerneſſe, or- daines them to proceid therin with the advyce of Mrs George Monro, Johne Monro, Johne Mºkengie, and Andro Crombie. Forſameikle as diverſe Papiſts and ſuſpect of Papiſtrie, after thair ſub- ſcriptioun and aithes, pretending deadly feids, abſtaining from the table of the Lord, quherby they vtter themſelves in effect and in heart to continue Papiſts: Therfor the Aſſemblie ordaines the Preſbitries quher fick per- ſons are, to proceid againſt them with the ſentence of excommunication ſo long as they refuſe to communicat, in the ſamein manner as if they had not ſubſcryvit nor givin aith. A. Forſameikle as diverſe perſons cutt of from the ſocietie of the Kirk be ſentence of excommunicatioun pronouncit againſt them, nottheles they are receivit and intertainit as if they were the true members of Chryſts Kirk, to the great contempt of God, and the evill example of vthers : The Aſ- ſemblie therfor ordaines the Preſbitries quher ſuch perſons are, to proceid againſt them according to the acts of the Kirk, vnder the paine of publick rebuik in face of the whole Aſſemblie of the brethren of the Preſbitrie, if fault be found in them, and making humble confeſſioun vpon thair knees of thair offence, in cace the ſamein be found in them as ſaid is, and vnder the paine of the depoſitioun of the Miniſter in whoſe default the ſaid ordi- nance of the Kirk is not execute ; and that the ſamein penaltie and exe- cutioun be vſit and ſtrike vpon them that hes intercomuning, intelligence, or familiaritie with the ſaids excommunicats, quhilk is vſed aganis the re- ceipters forſaid, vinder the ſamein paine. Seſſio 4°. Eodem die. Forſameikle as ther is divers perſons profeſſing with vs the veritie of the Goſpell, quhilkis nevertheles the ſpace of diverſe 3eiris, vnder pretence of deadlie feids, hes withdrawin and daylie withdrawes them from participa- tioun of the holy table, declareing therby how little they eſteime that great benefite, and in effect, as it were, cutting aff themſelves from the commu- nioun [of the faithfull :] Heirfoir ordinance is givin to all Preſbitries within thair bounds, to charge all perſons abſtaining from the communioun be reaſon of deadlie feids, notwithſtanding therof, as it becomes chriſtian members, to participat the ſaid holy table ; and in cace they be obſtinat 848 THE BOOKE OF THE 1595. and refuſe, to proceid with the cenſures of the Kirk againſt them ; it being alwayes confidderit be the Preſbitrie, that if ther be any of infirmitie or tendernes of conſcience that refuſes, in that cace the ſaid Preſbitrie fall travell with the ſaids perſons to bring them to thair duetie and participa- tioun of the ſaid table, granting, with good advyce and diſcretioun, ſome reaſonable [tyme] as to reſolve themſelves, within the quhilk if they give not obedience, and refuſe to participat as ſaid is, that the ſaid Preſbitrie proceid againſt them with the ſentence of excommunicatioun. Seſſio 5a. 26 Junij. The Kings Majeſties Commiſſioners deſyrit of the Aſſemblie, that he micht have ane choiſe of ſuch two of the Miniſtrie his Majeſtie wald nomi- nat, in place of Mr Johne Craig and Johne Duncanſone. The Aſſemblie hes found meitt [and votit] that a certaine of the moſt grave, learned, and beſt diſpoſed brethren of the haill Miniſtrie be chofin and nominat be them, out of the quhilk it may pleaſe his Majeſtie to nominat two : Wnto that effect Commiſſioners to be appointit before the end of this Aſ- ſemblie to advyſe his Majeſtie of the choiſe to be made of theſe whoſe names ſalbe ſett downe befor the Aſſemblie diſſolve ; craveing his Hienes Commiſſioners to make his Majeſtie foirſein, that they may know on quhom his eyes are ſett, and be reſolvit befor thair louſing. Anent the planting of Kirks: Becauſe ane ſpeciall impediment hes bein therof, the dilapidatioun of the benefices poſſeſt be the brethren of the Mi- miſtrie, quho [hes] fett thair benefices with the diminutioun of the rentalls, or be converſioun of vićtuall in filver, not regarding the aëts and ordinances of the Aſſemblie: Heirfor for remeid, the Generall Aſſemblie hes givin power and commiſſioun to the brether vnderwrytin within the bounds par- ticularlie vnder devydit, to call befor them fick perſons within the Miniſ. trie, that fen the aët of the Aſſemblie, made in the geir of God 1578, hes ſett thair benefices with diminutioun of the rentall therof, or converſioun of the vićtuall in filver, [and] to proceid againſt them with the ſentence of depoſitioun, quhilk fall ſtand in force ay and quhill they reſtore thair bene- fice to the awin integritie, quherin the ſamein was at thair entrie; that is to ſay, To Mrs Andro Melvill, James Melvill, Robert Wilkie, Thomas Buchannan, Andro Moncreif, to call befor them the ſaids perſons within 1595. UNIVERSALL KIRK OF SCOTLAND. 849 the bounds following, viz. from Spay to Tay, and all Louthiane, Mers and Teviotdaill, to compeir befor them in Sanét Androes: Nixt Mrs David Lindſay, Robert Bruce, David Ferguſone, Robert Pont, James Balfour, or any thrie of them, to fitt in Edenburgh, and call the ſaids dilapidatours befor them, within the bounds of the haill [north] to Spay and Fyfe, as als beneficit perſons that hes made dilapidatioun within the Dyocie of Ros: Thirdlie, Mrs Patrick Simfone, Andro 3oung, Harie Levingſtoun, James Pont, Johne Davidſome, to fitt in Striveling, and call befor them the ſaids brethren that hes dilapidat thair benefices within the bounds of Striveling- ſhyre, Stratherne, Cliddiſdaill, Dumbartane, Ranfrew, Lennox, Kyle, Car- rick, Cunighame, Galloway, Nitheſdaill : And for the better executioun to be had of this commiſſioun, ordaines everie Preſbitrie within the bounds forſaids, to ſend to the judges every ane of them within thair awin bounds, particular informatioun and anſuer to the heids quhilk ſalbe pennit be thair brother, Mr Robert Pont, betuixt and the 15 of Auguſt mixt: And to the effect that the Preſbitries be not ignorant heirof, the Aſſemblie preſent- lie has nominat the brether after ſpecifiet to give warning to the Preſbitries within the bounds reſpective following, according to the diviſioun aftir ſpe- cifeit : That is to ſay, Mr Andro Crombie for Ros; Mr Alexander Raw- ſome, Mr Alexander Dowglas, for Murray; Mr Peter Blackburne, Mr Duncane Davidſone, James Reid, for Aberdeine; Mr Andro Mill, Mr Alexander Forbes, for Mernes; John Durie, Mr James Melvill, for An- gus ; Mr Alexander Lindſay, and William Glaſſe, for Stratherne ; Mrs James Melvill, David Ferguſone, for Fyfe ; Mrs Walter Hay, Andro Blackhall, for Louthiane; James Deis for Mers and Teviotdaill; for Tweddall, Mrs Andro Blackhall and Walter Hay; for Strivelingſhyre, Mr Adame Ballantyne ; for Cliddeſdaill, Ranfrow, Lennox, and Dum- bartane, Mr Walter Stewart and Mr Gawin Hamiltoun ; for Nitheſdaile, Mr James Bryſſeoun, Hew Fullertoun; for Galloway, Mr Johne Aik- man; for Kyle, Carrick, and Cunighame, Mr David Barklay: Quhilks informatiouns being receivit be the ſaids judges, ordaines them, with all diligence, to proceid againſt the ſaids perſouns. And for the faithfull exe- cutioun of the ſaid commiſſioun, the ſaid judges was ſworne, except Mrs Thomas Buchannan, Robert Bruce, Patrick Simfone, Harie Levingſtoun, James Pont, quho were not preſent. Forſameikle as a great occaſioun of the none planting of the kirks ſtands in laike of proviſioun of the Miniſtrie, and that thair ſtipends from geir to 5 P 850 *. THE BOOKE OF THE 1595. geir, being changeable, they are drawin from thair kirks, to the negle&ting of thair flockis, and to the diſgraceing of thair callings: With commoun advyce it is heirfor concludit and reſolvit, that ane conſtant platt ſalbe ſett downe be the brethren following, appointit out of everie province, quho fall fitt and conveine the firſt day of September nixt in Edenburgh ; and befor their conventioun and fitting, every Preſbitrie fall, betuixt and the 15 day of Auguſt mixt to come, delyver to thair ſaids brethren appointit of their provinces, ane reſolvit informatioun, wrytin in forme of a booke in mundo, of the eſtate of thair kirks, in the heids following ; viz. of the mames of the benefices within thair bounds, whither the ſamein be ſeverall benefices, or annexit ; quho is patrone therof, quho is poſſeffour ; be quhat rycht the ſamein is bruikit; the auld rent, the preſent rent, and the juſt availe therof; and quhat kirks may be unite or divydit: quhilks informa- tiouns being receivit and colle&tit together, the ſaids Commiſſioners con- veining together as ſaid is, fall appoint every Preſbitrie ſeverall dayes, to direct a ſpeciall brother fullie inſtructit be them with a conſtant platt of the kirks within thair Preſbitries ; and the ſaid brether ſwa directed, with the Commiſſioners forſaids, to conclude and put in forme a conſtant platt of thair Preſbitrie, and ſo furth to proceid, quhill the worke be wholie made vp and compleit: and after compleiting therof, the ſaids Commiſ. fioners fall make warning to every Preſbitrie to direct a brother from them to confidder the haill wark; and the ſamein being allowit be the ſaids Commiſſioners and brethren from every Preſbitrie, quhilks are confidderit to be fiftie in number, the ratificatioun therof to be focht of his Majeſtie and Counſell . Of the quhilks Commiſſioners, choſin out be this Aſſem- blie from the provinces, the names followes, viz. from 3etland, Orknay, Cathnes, and Sutherland, Mr Robert Pont ; for Ros, Mr Andro Crombie ; for Murray, Mr Alexander Dowglas ; for Aberdeine, Mr Alexander Cunighame, Mr Peter Blackburne; for Mernes and Angus, Mr James Nicolſone, Mr Andro Milne ; for Stratherne, Dunkeld, Dumblane, and Striveling ſhyre, Mr Patrick Galloway, Mr Alexander Lindſay; for Fyfe, Mr Thomas Buchannan; for Louthiane and Tweddall, Mr David Lindſy; for the Merſe, Johne Clappertoun ; for Teviotdaill, Mr Johne Knox; for Clidſdaill, Ranfrow, Lennox, and Dumbartane, Mr Gawin Hamiltoun, Mr Johne Hewiſone; for Nitheſdaill, Mr James Bryſon, and, in cace of his ſeiknes, Mr Hew Fullertoun; for Galloway, Mr Johne Aikman; for Kyle, Carrick, and Cunighame, Mr Johne Mºquherne : Quhilks brethren 1595. UNIVERSALL KIRK OF SCOTLAND. 851 and Commiſſioners in number 18, fall alſo have power to make ane platt for ane interim, quhilk being concludit be the ſaids Commiſſioners and a brother direét from every Preſbitrie, quhilk will make fiftie mair, no recla- matioun ſalbe therfra, but [quhat] falbe concludit concerning the conſtant platt or interim, fall ſtand in conſtant force and full effect, as if the ſamein had bein concludit be the Generall Aſſemblie, without any reclamatioun therfra, as ſaid is ; and becauſe the worke will requyre waiting on, and the ſaids aughtein Commiſſioners wilbe put to charges and expences, it is ordainit that thair expenſis ſalbe borne be thair provinces: And for the faithfull executioun [heirof. I they are all ſworne, except Mrs Alexander Dowglas, Johne Knox, Patrick Galloway, Johne Clappertoun, and Johne Hewiſone, quho were not preſent. Seſſio 8a; 27 Julij. Compeirit Sir James Chiſholme in preſence of the haill brethren, and confeſſit with humilitie his offencis, namelie his apoſtaſie from the religioun, for the quhilk he craveit Gods mercie ; and farther he declairit that he profeſſes with vs the [haill] true religioun, renunceand the Antichryſt and all his errours, craveing from his heart to be receivit in the boſome of the Kirk; with the quhilk the brethren being movit, concludit he ſould be relaxit be the Generall Aſſemblie, at thair firſt meiting the morne, from the ſentence of excommunicatioun led againſt him ; and therafter the forme of his ſatiſfactioun to be appointit and ſett downe be the Aſſemblie. The heids of Inquiſitioun to be made in everie Preſbitrie anent Dila- pidatioun. Imprimis, To take [up] from every beneficit Miniſter the preſent rentall of his benefice, and quhat geirlie duetie, be his awin confeſſioun, he getts preſentlie of the ſamein. 2. If he hes ſett taks therof, [and] to quhom, privatlie or publicklie, and, if neid beis, to take his aith theron. 3. To inquyre quhat was the eſtate of his benefice quhen he entred with it, and whither he was hurt [or vitiated] be his predeceſſour. 859 THE BOOKE OF THE * 1595. 4. To take diligent inquiſitioun not only be report of the beneficit per- ſon himſelfe, but be vthers that knowes quhat the juſt valour of the bene- fice was worth, or payit of old in the beſt eſtate. 5. What the famein wald extend to in geirlie rent of teynds, or vther- wayes, if it were frie of tackis, and in a Miniſters awin hand; and, if neid beis, that the Preſbitrie or Commiſſioner call ane inqueiſt of men of beſt knowledge in the countrey about, to declare the veritie heirin, and ſend the ſamein to the judges appointit in due tyme, with the haill circumſtances befor rehearfit. - His Hienes Commiſſioners preſentit Articles from his Majeſtie, craveing the ſame to be red and anſuerit. [The tenor whereof and anſwers made thereto follow : The tenor of the Kings Articles. C.] His Majeſtie craves that ther be ane ačt made, ordaining that quho- ſoevir fall at any tyme practiſe any trefonabill interpryſe or conſpiracie againſt his Majeſties perſon or eſtate, beand found and declairit culpable [therof] be law, ſall lykewayes incurre the ſentence of excommunication therfor, that therby ame inſeparable vnioun may be betuixt the two ſwords. 2. That ane ordour be takin concerning excommunication in thrie points, eſpeciallie, firſt, That it be not at the appetite of two or thrie particulars, and that it be not proceidit in quhill firſt ane convenient number of the Kirk be gravelie conveinit. 2. That it be not for civill cauſes, or ſmall crymes, and ſpecially any Miniſters particular, leiſt it be thocht that they imitate the Popes curſing, and ſo incurre the lyke contempt. 3. The forme of ſummar excommunicatioun, without any citatioun, be alluterlie aboliſchit in tyme comeing. Jº . Item, In reſpect Mr Johne Craig is awaiting on quhat houre it fall pleaſe God to call him, and is altogether vnable to ſerve any longer, and his Majeſtie mynds to place John Duncanſone with the Prince, and ther- for hes no Miniſters bot Mr Patrick Galloway : Therfor his Hienes defyres ane ordinance to be made, granting him any two Miniſters that he fall chooſe. 1595. UNIVERSALL KIRK OF SCOTLAND. 853 [Humble Anſuers of the Generall Aſſembly, conveened at Montroſe, to the Articles preſented be his Hienes Commiſſioners. C. & B.] Firſt, Quher ane ordinance is craveit to be made againſt pračtiſers of any treaſonabill interpryſes or conſpiracie againſt his Hienes perſon and eſtate, beand found and declairit culpable therof be law, that they therfor fall incurre the ſentence of excommunicatioun, The Generall Aſſemblie aggrieth therto, legitima cognitione [eccleſiaſtica] preeunte. As to the ordour craveit to be tane concerning excommunicatioun, eſpe- cially in 3 points containit in the ſecond article, The firſt part is condiſ- cendit to : And as to the ſecond, That no excommunicatioun ſalbe vſed in cauſes meere civill, or in ſmall matters, and the aboliſching, in tyme comeing, of the former ſummar excommunicatioun without citatioun : Theſe points importing great weght, and craveing mature deliberatioun, the Aſſemblie hes thoght meit to ſuperceid all concluding therin quhill the mixt Conventioun, quher, by Gods grace, they mynd to reſolve thervpon ; and that, in the meanetyme, none of the Miniſtrie proceid to excommuni- catioun without citatioun preceiding, niſi periclitetur eccleſia et reſpublica. Anent his Majeſties [ſute] concerning his Miniſters: It is aggreit that his Majeſtie fall have choiſe of the moſt grave, learned and godlie brether of the Miniſtrie, with advyce of the Commiſſioners following, to be direct to his Majeſtie, viz. Mrs Robert Bruce, Andro Melvill, James Melvill, David Lindſay, David Ferguſone, James Balfour, Thomas Buchannan, James Nicolſone, Andro Lamb, George Glaidſtanes, or any fixe of the ſaid brethren, quho are appointit to meit the 22 Julijnixt. Seſſio 9°. 28 Junij. After humiliatioun of Sir James Chiſholme on his knies, and acknow- ledging of his offence to the ſatiſfactioun of the brethren, be the voyce of the Moderatour, the ſentence of abſolutioun was pronouncit in his favours, and he relaxit from the proces of excommunicatioun led againſt him. Anent the ačt made in favours of the executours of Miniſters: The Aſ- ſemblie and brethren preſent, for cleiring therof, declares, If the Miniſter die after Michaelmes, quia fruges ſeparatae ſunt a ſolo, that his executours 854, THE BOOKE OF THE 1595. fall fall that geirs rent, and the half of the mixt; and that the proviſioun of this ačt be extendit to the relićts of vnguhile Mr James Hamilton, and the Lords requeiſtit to that effect. Forfameikle as ther is great cauſe of humiliatioun of vs befor God, whoſe viſible anger appears on the heids of this land, get be the moſt pairt litle regairdit: The Kirk hes ordainit a generall faſt and humiliatioun to be vniverſallie obſervit in all the kirks within this realme, vpon the twa firſt Sondayis of Auguſt nixt to come : The cauſes therof to be led out gravelie be the Paſtours, according to the grounds they fie and perceive. [1. The great aboundance and increaſe of fin, and tranſgreſſion of all the commandements of God, be all the Eſtates, foſtered be impunity, and laike of juſtice, produceing in ſpeciall all kind of murder and oppreſſion. 2. The great apoſtacy, defeótion, and decay of zeal and godlineſs of every Eſtate. - 3. The great and preſent danger, that the Church, Common well, and King ſtandeth in, through the wrath of God, not only kindled againſt us, but alſo juſtlie burning and devouring us up already by fundrie fearfull plagues and puniſhments, as by unfeaſonable weather, dearth and famine, and the appearance of greater; the deep conſpiracys and daily confederacys of the faction of the known adverſarys to religion, King, and countrie, threatning to root us out from being any more a nation, and the breaking and removeing of our two ſtates of Church and Common Wealth. 4. The compaſſion it becometh us to have of our brethren of other Churches, under no leſs danger than we, through all Europe, not only be the Confederats of the Counſell of Trent, but alſo be the barbarous crueltie and great bondage exerciſed and brought upon our dear and worthie brethren by ſuch as it becometh not, ſpecially in Poland, England, Saxonie, and diverſe parts of Germanie. C.] Forſameikle as ther is ane abuſe neceſſar to be remeidit, eſpecially in Cathnes and ſome vther parts, quher they that poſſeſſes the benefices, di- lapidat the haill rents therof, as the late Biſchop of Cathnes did in ſpeciall, except a very ſmall quantitie, in penſiouns moſt prodigallie to all that ſocht the ſame, quherby he hes, dilapidat the haill patrimonie of the ſaid Biſchop- rick: For remeid quherof, the Aſſemblie ordaines Mr David Lindſay and Mr James: Balfour to admoniſch Mr Thomas Craig and the Soliſtar of the Kirk, to perfew the ſaids penſioners for redućtioun of thair penſiouns, 1595. UNIVERSALL KIRK OF SCOTLAND. 855 quhilk cannot ſtand be the law, of the haill, or of the moſt part of the fruites of any benefice, and to infift diligentlie therin. Anent mariages: The Aſſemblie declarit thir two ſorts to be vnlawfull; firſt, when ane perſon marieth another quhom they have pollutit by adul- terie ; nixt, quhen the innocent perſon is content to remaine with the [nocent andl guiltie, and the guiltie will have another, or takis another. As concerning mariages made be excommunicat Preiſts, or vthers that hes ſerved in the Kirk, and [are] depoſit from thair office, or be privat perſons: The Aſſemblie declares ſuch mariages to be null ; ordaining the brethren of Edenburgh to travell with the Commiſſars of Edenburgh, that they decyd according to the ſaids concluſions. Anent the contraverſie betuixt the Miniſtrie of Sanét Androes and William Balfour: The brethren appointit to conferre therament reportit thair judgement following, That the ſaid William fall declare that he knew no vther but that Mr David Black, Miniſter of the towne forſaid, had left the proceſs of the manſs contravertit, and that he hes no wayes pro- ceidit therin, in contempt of the Kirk, or any particular perſon within the ſame ; and thir things he does proteſt in conſcience, and confeſſes that he hes done vnduetifullie ; that is to ſay, that he hes ovirfein himſelfe in his duetie towards the Kirk, in midling, not forwarning them with the title of the houſe quherin he dwells, in reſpect of the Kirks deſignatioun therof paſt of befor, for the quhilk he is penitent befor God and his Kirk: provyd- ing alwayes, that the ſaid confeſſioun be no wayes prejudiciall to the ſaid Wil- liam in the right and title of the ſaid houſe, and that the ſamein be no wayes objećted againſt him, in judgement or out of judgement; and that the ſaid William fall make the ſaid confeſſioun befor the brethren of the Conference of this Aſſemblie, the brethren of the Preſbitrie that are heir being preſent: The quhilk being done, that this preſent Generall Aſſemblie fall diſcharge the ſaid Preſbitrie of Sanét Androes from all proceidings be cenſures aganis the ſaid William for that matter, and in lyke maner, the ſaid Mr David from all publićt inveótiouns aganis the ſaid William in his ſermouns for that cauſe ; and the ſaid Mr David and William, in token of forgivenes of all mutuall offences bygane, and profeſſioun of chriſtian amitie in tyme to come, fall joyne hands together before the ſaid brether of the conference, and keip the ſamein amitie in tyme comeing; remittand the contraverfie of thair titles to the diſcretioun of the Judges ordinar : and this to be ordainit be the General Aſſembly, to be declarit in the paroch kirk of Sanét An- 856 THE BOOKE OF THE 1595. droes, be Mr William Scott, Miniſter at Kennoquhy. The brethren ap- pointit to conferre be the Generall Aſſemblie were thir, Mrs Robert Bruce, Peter Blackburne, William Scot, Thomas Buchannan, Andro Lamb, Johne Caldcleugh : Quhilk judgement of the ſaid brethren the Generall Aſſemblie approvit in all points. Anent Gramer Schooles in Townes: Every Preſbitrie, within thair awin bounds, is ordainit to take ordour for viſitatioun and reformatioun therof, and to deale with the Magiſtrats for augmentatioun of thair ſtipends and proviſioun of Maiſters; as alſo appointing of ſome perſons moſt meitt of thair Counſell, to attend carefullie on the Schooles, and to aſſiſt the Maiſters in diſcipline. Anent the aëtis of the Aſſemblie : The brether hes ordainit that the ſamein be fichtit, and ſpeciall ačts for pračtiſe of the Kirk be extractit and joynit with the Booke of Diſcipline, to be publiſchit either in wryte or print, that none pretend ignorance therof; and to this effect to concurre with the Clerk, Mrs Robert Pont, Thomas Buchannan, James Melvill, Johne Johnſtoun, and James Carmichael. p Anent Colledges: In reſpect that it is thoght neceſſar that ane viſita- tioun be had of the ſamein, the preſent Aſſemblie hes givin commiſſioun to thair brether, Mrs James Melvill, Thomas Buchannan, James Balfour, Robert Rollock, Walter Balcanguell, Nicoll Dalgleiſch, James Nicolſone, and Alexander Forbes, to conveine together the firſt day of January nixt to come, to the viſitatioun of the ſaids colledgis, to try, examine, and con- ſider the doćtrine, lyfe, and diligence of the Maiſters; the diſcipline and ordour vſit be them ; the eſtate of thair rents and livings; and quher they find abuſe, to reforme ſo farre as they [may :] remittand to the Aſſemblie ſuch things as they cannot take ordour with ; and quhat they effectuat heirin, to report to the mixt Aſſemblie. 1595. UNIVERSALL KIRK OF SCOTLAND. 857 A. D. M.D.XCV. THE Generall Aſſemblie of the Kirk of Scotland, haldin at Eden- burgh, in the New Kirk thereof, the 24 [22. P.] day of Marche 1595. Exhortatioun beand made be Mr James Nicolſome, laſt Moderatour, the Aſſemblie proceidit to the eleētioun of a new Moderatour, and appointing on the leits Mrs David Ferguſone, David Lindſay, James Balfour, Robert Pont, the ſaid Mr Robert, be pluralitie of votis, was choſin Moderatour hac vice. [Mr Davidſon, Miniſter at Saltpreſtoun, and a member of the Preſbytrie of Hadintoun, produced the advice of that Preſbytrie, touching the heads of the letter ſent from the Commiſſioners of the Generall Aſſembly to them. The tenor whereof followeth : Touching the two heads proponed be the Commiſſioners of the Gener- all Aſſembly to their brethren, to adviſe upon againſt this Aſſembly; viz. Of univerſal repentance, and earneſt turning to God: And of order taking for reſiſting the enemies, and maintainance of the liberty of religion and country. Our advice in the firſt is, That yet once at the laſt, the chief and groſs fins of all eſtates, which procure this preſent wrath of God, be agreed upon 5 Q 858 THE BOOKE OF THE 1595. by name ſeveraly, and acknowledged by this Aſſembly, for the more eaſie provocation of the whole body of this realme to earneſt repentance, and ſpeedy turning away from the fins foreſaid; for as John ſaith, If wee ac- knowledge our fins, God is faithfull and juſt to forgive us our fins: other- wayes, if in ſo great a multitude of our iniquities, which this day anſwer fo plainly to the faces of all eſtates of this realme, wee ſay one ſtill with the unhappy Jewes, as hitherto wee have done, Wherein have wee fined: what elſe do wee, but as deſperatly they did, and ſaid in the days of Jeremy, Surely wee will walk after our own imaginations, and doe every man after the ſtubborneſs of his wicked heart. And ſo as it is ſaid in the Law, The Lord will not be mercifull vnto us, but will ſhew us the back, and not the face, no not though Moſes and Samuel would pray for us in the day of our deſtruction. And to begin at ourſelves of the Miniſtry, That wee acknowledge our publick tranſgreſſions in our perſons, and office particularly, whereof the catalogue is in readineſs to be ſeen, according to the admonition of the Lord by his prophet, ſaying, Let the prieſts, the miniſters of the Lord, weep between the porch and the altar, and let them ſay, Spare thy people, O Lord, &c.; left it be found according to the ſaying of the Apoſtle, That wee that teach others, teach not ourſelves, and ſo be found reprobats. Next, That this Affembly agree upon the true and right taking up the fins of our Princes, and Magiſtrats ſuperior and inferior; and on the ſound means to deal with them duetifully and faithfully, without all flattery, for their true amendment, according to Gods command to the prophet, ſaying, Say unto the King, and to the Queen, humble yourſelves, fit down, for the crown of your glory ſhall come doun from your heads; for their fins are not the leaſt cauſe of the plague of God on the people, as by David, Ma- naffes, and others may be ſeen. Thirdly, and laſt, That the moſt notorious fins of the whole body of the people in burgh and land, be given in, and acknowledged, and order taken for the ſpeedy ammendement thereof by the Miniſtry and Magiſtrats, ac- cording to the examples of Joſuah, Jehoſapliat, Ezekias, Joſias, the King of Niniveh, Conſtantius, Conſtantime, &c., the Prophets, and Apoſtles, &c. The catalogue over eaſy to be made. As for reſiſting the common enemy, which is the ſecond, our judgement is, That the ſound following out of the former advice touching the firſt, ſhall make an eaſy way for the ſecond ; otherwayes, which God forbid, it 1595. UNIVERSALL KIRK OF SCOTLAND. 859 will be but loſt labour to travell much in that matter; yet wiſhing and hoping the beſt, wee have remitted the particulars of that matter, and our advice thereanent, to the Commiſſioners of this Preſbytrie, who faithfullie (wee doubt not) will diſcharge their duty in the ſame. This advice was approved be many, but withſtood be ſome, namely, the Moderator himſelf, Mr Robert Pont, who alledged, that the firſt and chief motive of their conveening was to conſult upon their withſtanding the Spainards. The Commiſſioners letter was read, and it was found that Mr Davidſon had ſaid right. Mr Davidſon was appointed to give up the particular catalogué of the chief offences and corruptions in all eſtates. He preſented the catalogue of offences in Miniſters, upon Wedneſday be- fore the Aſſembly. Mr Andrew Melvill deſired to be added, The cenſure anſwerable to the offence. Whereupon Mr Nichol Daglieſh, Peter Bleck- burn, Walter Balcanguall, John Mackquhern, Adam Johnſtoun, John Knox, James Law, John Johnſtoun, and Mr Davidſon himſelf, were ap- pointed to goe apart, and to confider what offence merited admonition, what deprivation; which they did. C.] Seſſio 44, 25 March. [1596.] [Upon Wedneſday the 25 of Marche, the King came himſelf to the Af. ſembly. He urged a contribution of the whole realme, not to be lifted preſently, but when need ſhould require. The Moderatour exponed to his Grace, the two heids quherin the Kirk hes hitherto bein occupied, and how farre els it hes proceidit, viz. Firſt, The ſubſtantiall heid, [for] moyen how to reſiſt the enemie, quhilk was verbo recited be my Lord Kinloſs, for the reſt of the number deput to advyſe therwith ; and mixt, concern- ing the purgatioun of the Kirk of offences: And becauſe the firſt is not get thoroughlie concludit, the Aſſembly thocht it expedient that the Bar- romes and Miniſtrie quhilk mett thervpon, take farther reſolutioun after- noone, and preſent thair advyce to the Aſſemblie in wryte. C. & B.] His Majeſtie therafter proponit the lamentable diſſordour of the geirlie alteratioun of the platt [appointed for the modification of Miniſters ſti- pends, and therfor deſyrit that ame conſtant platt ſould be made, quher- wnto his Majeſtie was moſt earneſtly bent. The Aſſemblie hes thoght meit 860 THE BOOKE OF THE 1596. befor any thing be concludit therin, to fie the aët of Parliament made in the geir of God 1592 geiris. Seſſio 54. Eodem die. Overtures for reſiſting of the enemies of the religioun and eſtate of the countrey, aſweill forraine as inteſtine. Firſt, That all fic that hes kythit in ačtioun with his Majeſties forſaultit rebells, and thair knowin favourers and aſſiſters, be chargeit to enter thair perſons in ward, ther to remaine ay and quhill they find ſufficient cautioun, that they fall not traffique nor intertaine intelligence with the ſaids rebells, nor any vther enemies to the eſtate or religioun, neither fall joyne with them nor make them any aſſiſtance, in cace they repare within the coun- trey; and that they give thair eldeſt ſonnes or neireſt freinds in pledgis for the [maire ſure] obſerving heirof. 2. That the haill livings of the forſaids rebells to his Majeſtie, be exačt- lie tane vp be his Majeſties officiars to be appoyntit for that effect, and to be imployit for the intertainment of hyred men, for defence of the good cauſe againſt the enemies, and for bearing of vther charges neceſſar for the advancement of the ſaid cauſe, as ame of the effectuall meanes to encourage all ſuch as are knowin to be weill affectionat to the cauſe, and to procure thair anefald concurrence to the vttermoſt. 3. That ther be chofin in every paroch be his Majeſties authoritie, and vott of the Miniſter, Seſſioun, and Principalls of every paroch, Captaines knowin to be moſt meitt [and of beſt affectioun, to convein the haill par- och in armes monethlie in muſtures, and to fie that they be all ſufficient- ly armeit according to thair abilitie, and trainit vp in the exerciſe of thair armes: And ſicklyke that ther be choſin Generall Commanders in diverſe quarters and ſhyres of the countrey, to conveine in armes at all occaſiouns neidfull, to refift all attempts and interpryſes of the enemie forraine and inteſtine. - 4. That ſome ſubſtantious ordour be takin for bringing hame ſufficient number of corſletts, muſketts, picks, and vther armour neidfull ; and that the ſamein be brocht and receivit aff the merchands hands with all expe- ditioun. 1596. UNIVERSALL KIR.K OF SCOTLAND. 861 Laſt, That the haill cautioners that became bound for the good beha- viour of the ſaids rebells without the countrey, be chargeit befor the Coun- ſell, and convićt of the penalties conteinit in the aëts of the cautionrie ; and that the ſaids penalties be imployit vpon the ſuſtentatioun of hyrit men, and vthers burdens neidfull for the weill of the cauſe. Seſſio 6a, 26 March. Forſameikle as the towne of Edenburgh hes takin purpoſe and labour in divyding of their populous congregatioun, and hes made good progreſſe therin to the good example of the countrey; nottheles the worke remaines imperfyte in a part, through not diviſioun of the Auld Kirk be a parpall wall, being verie commodious and litle expenſive: Therfor the Aſſem- blie direétit my Lord of Kinloſe, the Kings Majeſties Commiſſioner, the Lord Sinklair, the Juſtice Clerk, Mrs Peter Blackburne, James Nicolſone, Andro Melvill, [to] the Counſell of the ſaid burgh, immediatlie from the Aſſemblie, to exhort and requeiſt the Counſell to further and perfyte the good beginning, and to divyde the ſaid kirk be ane parpall wall. Quho returning back with the Bailgies of the towne, declarit that the Counſell, be reaſon this day of Law is not frequent, alwayes to the divi- fioun be a parpall, hitherto they could not aggrie, being myndit to build the Tolbuith ; deſyreand the Kirk earneſtlie to requeiſt the Lords and Colledge of Juſtice, quho hes land within the burgh, that they wald con- tribute therto ; quhervnto the Kirk aggried, provydeing that they wald fall to preſentlie to the diviſioun be a parpall : ordaining the Bailgie to report the direct anſuer of the Counſell heirvpon, vpon Mononday nixt to come. Ordaines ane article to be givin in to the Kings Majeſtie for eſtabliſhing ane ačt, annulling all taks ſett be Miniſters without conſent of the Aſ- ſemblie. Seſſio 7a. Anent contraverfies and deciſioun therof amongſt the Miniſters: The Kirk and Commiſſioners preſent ratifies the aët made at Dundie heiranent, 862 THE BOOKE OF THE 1596. and ordainit the ſame to be extendit to Reidars afweill as Miniſters; and the paine of contumacie mentionat theirin to be deprivatioun. Becauſe the bounds of Nitheſdaill, Annandaill, and Galloway, are deſ. titute of Paſtors, the Kings Majeſties Commiſſioners proponit to the Aſ. ſemblie, that the Kirk wald take care to appoint ſome qualified men for the Miniſtrie ther, for whoſe proviſioun and intertainment his Majeſtie wald take ordour. Concerning the defectiouns of the Miniſtrie : The ſamein at length being red out, [reaſonit, and confidderit, the brethren concludit the ſamen aggrieing therwith ; and in reſpect that be Gods grace they intend re- formatioun, and to fie the Kirk and Miniſtrie purgeit ; to the effect the worke may have better ſucceſſe, they think it neceſſar that this Aſſemblie be humblit for wanting ſuch care as became them in ſuch points as is ſett downe, and ſome zealous and godlie brother [in doćtrine] lay them out for thair better humiliatioun, and that they make ſolemne promiſe befor the Majeſtie of God, and make a new covenant with him for a more reverent and carefull diſchargeing of thair miniſtrie : To the quhilk effect was chofin Mr John Davidſone, and Teufday nixt, at myne houres in the morn- ing, in the New Kirk, is appointit for that effect ; quhervnto none is to reſort but the Miniſtrie. The forme is to be advyſed the morne in privie conference. Seſſio 8a. [This commiſſion following was given for viſitation of Kirks. For as much as it being conſidered be the Aſſembly and Commiſſioners preſent, to be a thing moſt neceſſar, that the moſt dangerous parts of the country, and where leaſt, or no planting is, a viſitation ſhould be appointed to occurre the dangers already fallen out, or that may farther fall out if they be not prevented; and for the better planting of the Miniſtry, where as yet it is not planted : Herefor the Aſſembly has given and committed, and be the tenour hereof gives and committs their full power and com- miſfion to their loving brethren under written within the particular bounds after ſpecified, according to the diviſion following, to viſit and try the 1596. UNIVERSALL KIRK OF SCOTLAND. 863 doétrine, life, diligence, and fidelity of the Paſtors within the Preſbytries, where they are eſtabliſhed already; and alſo in the bounds, where as yet no Preſbytries are planted ; and therein to take inquiſition and tryal, if there be any beneficed perſons of the Miniſtrie not making reſidence, having no reaſonable cauſe to purge the ſame ; if there be any that have delapidated their benefices, ſett tacks, or made to others diſpoſitions of their benefices, or any part thereof, by the conſent of the Generall Aſſem- bly; any ſlanderous, or unmeet to ſerve the Kirk of God : And if any ſuch be found, to proceed againſt him according to the quality of the ſaid offence, according to the ačts of the Kirk; aſſuming to them ſuch breth- ren of the Preſbytrie, where they make tryal, as they think moſt zealous, fincere, and beſt affected to reformation, to aſſiſt them, with power alfwa to depoſe ſuch as are worthy of depoſition be the acts of the Kirk, and place others in their rowmes. And where no Preſbytrie is, the brethren appointed to the viſitation of theſe bounds, to travell diligently to plant the Miniſtry therein, and to proceed in all the heads above written be them- ſelves, with the like power of depoſition with the former. The particular times of their viſitation to begin as hereafter ſhall be appointed; and ge- nerally, in all things to proceed as the Aſſembly might doe, if they were preſent: That is to ſay, for the bounds of Orkney, Zetland, Caithneſs, and Sutherland, Mr Robert Pont, Mr Alexander Dowglaſs, Miniſter at Elgin, Mr George Monro, Elder, to beginne their viſitation the firſt day of June next : For Roſs, Murrey, and Abberdeen, Mr James Nicolſon, Mr Patrick Bleckburne, Mrs James Melvill, Andrew Melvill, with the ſaid Mr Alexander Douglaſs, to begin their viſitation the firſt of Auguſt next : For Angus, Mr James Balfour, David Lindſay, Andrew Mun- creif, or any two of them, to begin their viſitation the firſt of July next : For Kyle, Carićt, Cuninghame, and the bounds of Galloway, Mrs Robert Bruce, Patrick Sharp, John Spotſwood, to begin their viſitation the firſt of July next ; and the ſaid Mr Robert Bruces place, in his abſence, to be ſupplyed be Mr Robert Rollock: For Nithſdale, Annandale, Lauder- dale, Eſkdale, and Ewiſdale, Mr John Davidſon, John Johnſtoun, William Scott, John Carmichael, John Knox, and John Welſh; their viſitation to begin the firſt of Auguſt next to come. And ordaines the Preſbytries which have no viſitors appointed be this Commiſſion, to be carefull in their own viſitation while the next Aſſembly: Injoyning alſo the Preſbytries, out of which Commiſſioners are tane to viſitation, and what the ſaid 864 THE BOOKE OF THE 1596. Commiſſioners doe in execution of this commiſſion, to report to the next Generall Aſſembly of the Kirk, &c. C.] The tenour of the advyce of the brethren deput for penning the cor- ruptions and enormities in the Miniſtrie, and remeid therof, allowit be the Generall Aſſemblie heir conveinit. Corruptions in the Office. Forſameikle as be the too ſudden admiſſioun and light tryall of perſons to the Miniſtrie, it cometh to paſſe, that many ſlanders fall out in the per- ſons of Miniſters, it wald be ordainit in tyme comeing, that more diligent inquiſitioun and tryall be vſed of all ſuch perſons as fall enter in the Min- iſtrie, as ſpeciallie in thir points, That the intrant falbe poſed vpon his conſcience befor the great God, (and that in the moſt grave maner,) quhat moves him to accept the office and charge of the Miniſtrie vpon him. That it be inquyrit, if any by ſoliſtatioun or moyen, direétlie or indireétlie, preaſe to entir in the ſaid office; and it being found, that the foliſter be repellit, and that the Preſbitrie repell all ſuch of thair number from votting in the eleētioun or admiſſion as falbe found moyeners for the ſoliſter, and poſed vpon thair conſcience to declare the trueth to that effect. . Thirdly, Becauſe be preſentatiouns, many forciblie are thruſt in the miniſtrie and vpon congregatiouns, that vtters therafter that they were not callit be God, It wald be provydit that none ſeik preſentatiouns to bene- fices, without advyce of the Preſbitrie within the bounds quherof the bene- fice lyis; and if any doe in the contrair, they to be repellit as rei ambitus. That the tryall of perſons to be admitted to the Miniſtrie heirafter, con- ſiſt not only in thair learning and abilitie to preach, but alſo in conſcience, and feiling, and ſpirituall wiſdome, and namelie, in the knowledge of the bounds of thair calling, in doćtrine, diſcipline, and wiſdome, and to behave him accordinglie with the diverſe ranks of perſons within his flock, as namely, with atheiſts, rebellious, weake conſciences, and fick vthers, quherin the paſtorall charge is moſt kythit, and that he be meitt to ſtop the mouthes of the adverſaries; and fick as are not found qualified in thir points to be delayit to farther tryall, and quhill they be found qualified. 1596. UNIVERSALL KIRK OF SCOTLAND. 865 And becauſe men may be found meit for ſome places, quhilk are not meitt for vthers, it wald be confidderit that the principal places of the realme be provydit with men of moſt worthie gifts, wiſdome and experience, that none take the charge of greater number of peiple nor they are able to diſ. charge ; and the Aſſemblie to take ordour heir with, and the act of the Provinciall Aſſemblie of Louthiane made at Lynlithgow to be urgeit. That ſuch as ſalbe found not givin to thair booke and ſtudie of Scriptures, not carefull to have bookis, not given to ſanétificatioun and prayer, that ſtudie not to be powerfull and ſpirituall, not applying the doćtrine to his corruptiouns, quhilk is the paſtoral gift, obſcure and too ſcolaſtike befor the peiple, cauld and wanting zeale, negligent in viſiteing the ſeik, careing for the poore, or indiſcreit in chooſing of parts of the Word not meiteſt for the flock, flatterers, and diffembling publick fins, and ſpeciallie of great perſonages in thair congregatiouns, for flatterie or feare; that all fick per- ſons be cenſured according to the degries of thair faults, and continueing therin, to be depryvit. That ſuch as be flouthfull in miniſtratioun of the ſacraments, and irre- verent, as profaners, receiving cleane and vncleane, ignorants and ſenſles profane, and making no conſcience of thair profeſſioun in thair calling or families; omitting due tryall, or vſing none or light tryall ; having reſpect in thair tryall to perſons quherin there is manifeſt corruptioun : that all fick be ſharply rebuikit, and if they continue therin, to be depoſit. And if any be found a feller of the ſacraments, that he be depoſit ſimpliciter; and fick as colludes with ſlanderous perſons, and diſpenſing and ovirfieing them for money, incurre the lyke puniſhment. That every Miniſter be chargeit that he have a Seſſioun eſtabliſhed of the meiteſt men in his congregatioun, and that diſcipline ſtrike not only vpon groſſe finnes, as whordome, bloodſhed, &c. but vpon all fins repugnant to the Word of God, as blaſphemie of God, banning, profaining of the Sab- both day, diſſobedience to parents, idle vnrulie anes without calling, drunk- ards, and ficklyke deboſhit men that makes no conſcience of thair lyfe and ruleing of thair families, and ſpeciallie of educatioun of thair children, lying, ſlandering, backbytting, flattering, and breeking of promiſes: And this to be ane vniverſall ordour throughout the realme; and ſuch as are negligent, continueing therin after admonitioun, to be depoſit. That none falling in publick ſlanders be receivit againe in fellowſhip of the Kirk, except his Miniſter have ſome appeirand warrand in conſcience, 5 R 866 THE BOOKE OF THE 1596. that he hes both ane feiling offin, and apprehenſioun of mercie ; and for this effect that the Miniſter travell with him be doćtrine and privat inſtructioun, to bring him heirto, and ſpecially in the doćttrine of repentance, quhilk being neglected, the publick place of repentance is turned in a mocking. Dilapidatioun of benefices, dimitting of them for favour or money, that they become laik patronages, without the advyce of the Kirk; and fick- lyke, interchanging of them be tranſačtioun, and tranſporting of themſelves be that occaſioun, without the knowledge of the Kirk, be preciſlie puniſh- ed: Sicklyke, ſetters of taks, without the conſent of the Aſſemblie, be puniſhed according to the aëts; and that the dimiſſioun in favours for money or vtherwayes to the effect above wrytin, be puniſchit as the dila- pidatours. Corruptiouns in thair perſons and lyves. That ſick as are light and wantoun in thair behaviour, as in gorgeous or light apparrell, in ſpeich, in vſeing light and profane companie, vnlawfull gameing, as dancing, cardeing, dyceing, and ſuch lyke, not befeiming the gravetie of ane Paſtour, be ſharplie and gravelie reprovit be the Preſbitrie, according to the degrie therof; and continuing therin after due admoni- tioun, that he be depryvit as ſlanderous to the Goſpell. That Miniſters being found ſwearers or banners, profaners of the Sab- both day, drunkards, fighters, guilty of all thir or any of them, to be de- poſit ſimpliciter ; and ſuch lyke, liers, detračters, flatterers, breakers of promiſes, braulers and quarrellers, after dew admonitioun continueing therin, incurre the ſame puniſhment. That Miniſters givin to vnlawfull and incompetent trades for filthie gaine, as halding of hoſtlaries, taking of ocker beſyd good conſcience and lawis, and bearing warldly offices in Noble and Gentlemens houſes, merchandiſe, and ſuch lyke, buying of vićtuall and keiping to dearth, and all vther worldlie occupatiouns as may diſtraćt them from thair charge, and be ſlander to the Paſtoural calling, be admoniſhed and brought to the acknow- ledging of thair faults, and if they continue therin, to be depoſit. That Miniſters not refident at thair flocks be depoſed, according to the aćts of the Generall Aſſemblie and laws of the realme ; vtherwayes the burdein to be laid vpon the Preſbyteries, and they be cenſurit therfor. That the Aſſemblie command all thair members, that none of them 1596. UNIVERSALL KIRK OF SCOTLAND. 867 awaite on the Court and the affaires therof, without the advyce and allow- ance of the Preſbytrie. Item, That they intend no actioun civill without the ſaid advyce, except in ſmall matters; and for remeiding of the neceſſitie that ſome Miniſters hes to entir in pley of law, that remedie be craveit, that ſhort proces be devyſed to be vſed in Miniſters ačtiouns. That Miniſters take ſpeciall care in vſeing godly exerciſes in thair families, and teaching of thair wyves, children, and ſervants, in vſing ordinarie pray- ers, and reiding of the Scriptures, in removeing of offenſive perſons out of thair families, and ſuch lyke vther points of godly converſatioun and good example; and that they, at the viſitatioun of thair kirks, try the Miniſters families in thir points forſaids; and ſuch as are negligent in thir points, after due admonitioun, ſalbe judgeit vnmeit to governe the houſe of God, according to the rule of the Apoſtle. That Miniſters in all companies ſtryve to be ſpiritual and profitable, [and to] talk of things pertaining to godlines, as, namelie, offick as may ſtrenthen them in Chryſt, inſtruct vs in our calling, of the meanes how to have Chryſts kingdom better eſtabliſhed in our congregatiouns, and to know [how] the goſpell flouriſhes in our flocks; and ſuch lyke vthers the hinderances and the remedies that we find ; quherin ther is manifold cor- ruptiouns, both in the companying with ourſelves and with vthers; and that the contraveiners heirof be tryit and ſharply rebuikit. That no Miniſter be found to countenance, affiſt, or procure for ane publick offender challengit be his awin Miniſter for his publick offence, or to beare with him, as thogh his Miniſter were too ſevere vpon him, Vnder the paine of admonitioun and rebooking. Anent Generall Aſſemblies: To urge the keiping of the acts anent the keeping of the Aſſembly, that it may have the awin reverence. Seſſio 10a, 29 [Martii.] Inſtrućtiouns to Mrs James Preſtoun, and Edward Bruce, Commen- datour of Kinloſs, his Majeſties Commiſſioners to the preſent Ge- nerall Aſſemblie. Imprimis, 3e fall ſhew to the ſaid Aſſemblie our good will to have all the kirks of Scotland plantit with Miniſters, and ſufficient livings appointit 868 THE BOOKE OF THE 1596. to them, to the great hurt of our awin rent, and that portioun of the thrids quhilk was aſſignit to our houſe, and our Comptrollours in poſſeffioun ther- of: Bot fieing that the haill thrids is not ſufficient to plant the haill kirks, nor get comodious to Miniſters to ſerve in ane place, and have thair livings to ſeik in another [very] farre diſtant from thair cure : Therfor we thoght good to ſett fordwart ane ordour for locall ſtipends, founded vpon this ground, that all the kirks of Scotland ſould have Miniſters, and all Miniſters ſtipends within thair awin paroches, of ſick valour, as be our au- thoritie on the ane part, and concurrence and procurement of the Kirk on the vther, might be obtainit from the takſmen of teinds, preſent poſſef- fours of the ſaid rent ; for the quhilk effect we cauſit ane ačt of Parliament to be made in the geir of God 1592, grantand commiſſioun to certaine Noblemen, Counſellers, Officiars, [and] Miniſters, on the vther parts, to intreat and profecute this matter; and als hes givin command in particular, to certaine of our Lords of Checker to help, with thair advyce and labours, to bring this matter to ſome perfectioun, quherin, as we vnderſtand, ther is ſomething done, as ane part of the brethren can [bear] record. Lyke as we, continueand in our good mynd in our tyme to have the kirks ſettlit anent thair livings, and not intanglit geirly with proceſſes, and our haill kirks plantit within this realme, be thir preſents, offers and promitts to the ſaid Aſſemblie, to cauſe our Commiſſioners, Counſellours, and Officers, to con- veine preſentlie, befor the expyreing of this Aſſemblie, with the ſaid Com- miſſioners for the Kirk, to begin this good purpoſe, and to lay the ground, and ſett downe the ordour, and tyme and place of conveining, to proſecute the ſamein to the finall end, conforme to the aët of Parliament, ſo that the ſtay, (if any,) ſalbe on the part of the Kirk, as it has bein of befor, and not on our part. Item, 3e fall ſhew to them that it is a ſtay to this good worke, that be ſome of thair preachings they wald make the peiple to vnderſtand, that we and our Counſell ſtay the planting of kirks, and take away the preſent livings poſſeſt be Miniſters; albeit the contrair be of veritie, that We and our Counſell is moſt willing that the haill kirks be plantit, and the rents of the Miniſters augmentit, ſo farre as lawfullie may be obtainit with conſent of our Nobilitie, and vthers takſmen of teinds, whoſe rights, but ordour of law, We cannot impare ; and therfor this forme of preiching diſcourages our good Counſellours moſt willing to this work, and is ane heavie ſlander 1596. UNIVERSALL KIRK OF SCOTLAND. 869 vpon the Miniſters themſelves, quheringe fall deſyre ordour to be taine, that the lyke be not done in tyme comeing. - Item, 3e fall deſyre theſe gour inſtrućtiouns in our name, to be regiſtrat in the Books of the Aſſemblie, as ane perpetuall teſtimonie of our good will; and als that anſuers be given, [in particular, J be ane generall voting of the haill Aſſemblie, and no wayes to be referrit to ane privat conference; and the anſuers ſa vottit to every particular heid to be regiſtrat in lyke maner ther with, and the extračt of all theſe articles and anſuers to be de- lyverit to gou, to report to vs again. Sic ſubſcribitur, JAMES R. Seſſio 11a. [Upon Tueſday the 30 of March, the Miniſters and other Commiſſioners conveened in the Little Kirk at nine hours, the one kirk door being ſhutt, and the other ſett open for a certain ſpace, whereby it came to paſs, that few were preſent, except the Miniſtry, the whole number amounting to four hundred perſons, all Miniſters, or choiſe profeſſors. After the firſt prayer, Mr Davidſon cauſed the Reader to read the 15 and 34 chapters of Ezekiel : which being done, firſt, he purged himſelf of ambition for that place; yet ſeeing it pleaſed God, ſaid he, to move them to choiſe him the leaſt worthy, and unmeeteſt in the number, to occupy the place of a teacher that day, they were not to look, that he came there to be cenſured of them, but to uſe the authority of a teacher as to diſciples in that reſpect ; and yet did not take from them the liberty that God gave them to try the ſpi- rits, whither they were of God or not. He ſhewed, that the end of that convention was the confeſſion of their own fins, who were Miniſters, and promiſe of amendment in time to come, and ſo to enter into a new league with God, that being ſanétified by repentance, they might be the meeter to provock others to the ſame ; that they ſhould not think it needleſs nor ſtrange to enter in examination of themſelves guilty of the imminent judg- ment. They were to conferr, and compare themſelves, their learning, geal, godlineſs, multitude, dayes, times, occaſions, and helps, or rather wants, with the Prophets of former times, namely the Prophets of theſe dayes, whereof theſe two chapters treated, and fee what priviledge they have more than they had ; and why among their multitude pro re nata 870 THE BOOKE OF THE 1596. there might not be as many falſe prophets, and as few true and ſincere, as were in theſe dayes. He amplified this head, and ſaid by preterition he would not be rhetorical in diſcourſe; and yet he was very moving in ap- plication to the preſent times, ſo that within an hour after they entered in the kirk, they looked with another countenance, than that wherewith they entered. He exhorted them to enter into their privy meditations, and to acknowledge their fins, with promiſe and purpoſe of amendment. So while they were humbling themſelves for the ſpace of a quarter of an hour, there was ſuch ſighs and fobs, with ſhedding of tears, among the moſt part of all eſtates that were preſent, every one provocking another by their example, and the teacher himſelf be his example, that the kirk reſounded, ſo that the place might worthyly be called Bochim ; for the like of that day was never ſeen in Scotland ſince the Reformation, as every man con- feſſed. There have been many dayes of humiliation for preſent or immi- ment dangers; but the like for fin and defection was there never fince the Reformation. After the prayer and publick confeſſion, he treated upon Luke 12. 22, with rare aſſiſtance of Gods Spirit, to the wonderfull aſtoniſhment, and caſting doun, and to the raiſing up again of the brethren. The exerciſe continued till near one afternoon. When the brethren were to diſſolve, they were ſtayed be the Moderatour, and deſired to hold up their hands to teſtify their entering into a new league with God. Seſſio 12°. Penultimo Martij. Forſameikle as the brethren of the Miniſtrie conveinit in this Generall Aſſemblie, hes with ſolemne humiliatioun acknowledgit thair fins this day, and negligence of thair conſcience befor God, and hes entrit in a new co- venant with him, proteſting to walk more warlie in thair wayes, and to be more diligent in thair charges; and ſeeing ane great part of the Miniſtrie is not preſent at this actioun : Therfor the Kirk commands the brethren of the Synodall Aſſemblies to make the lyke ſolemne humiliatioun and proteſtatioun as was obſervit be the Generall, at thair nixt conveining; and ſo many as beis not at thair Synodall, to doe it at the Preſbitries. 1596. UNIVERSALL KIRK OF SCOTLAND. 871 Articles proponit be the Commiſſioners of the conſtant Platt to be advyfit and paſt in Aćts be the Generall Aſſemblie. Firſt, It is thoght requiſite be the ſaids Commiſſioners, and craveit, that the ſaid Aſſemblie wald ordaine, that the Moderatours of ilk Preſbitrie within this countrey, ſould give preſentations, jure devoluto, of all benefices of cure, belanging to laick patrones within their bounds, that hes not pre- ſentit qualified perſons within ſex monethis of the deceis of the laſt poſſeſ. four therof; and ficklyke, of benefices that fall vaik heirafter, in cace the ſaids patrones neglect to preſent within fixe monethis, to Miniſters ſerving, or that fall ferve the cure of the ſaids kirks, vnder the paine of deprivatioun ; and that the ſaids Miniſters accept thair preſentations, and perfew [them :] And if ther be not ačtuall Miniſters preſentlie at the ſaids kirks, in that cace, that the ſaid Moderatours deale effectually with vthers qualified per- fons, to accept the ſaids preſentatiouns, and to proſecute the ſamein be law. That all beneficit perſons, that are heir preſent in this Aſſemblie, be movit preſentlie to interdyte themſelves from all ſetting and diſponing any part of thair benefice to quhatſomevir perſon or perſons, without the ſpe- ciall conſent and allowance of the Generall Aſſemblie ; and the interdic- tioun to be ſubſcryvit be ſick as are preſent; and ythers that are abſent, to be vrged be thair Preſbitries to doe the ſame, immediatlie after the diſſolv- ing of the Aſſemblie. Becauſe the kirks in diverſe places of the countrey ſuſtaines great hurt through the laik of qualified perſons in the Miniſtrie, inſtructit and trainit vp in the Schooles of Theologie : Therfor it is craveit, that ane ačt be made in this Aſſemblie, ordaining every Provinciall Aſſemblie to furniſch a ſufficient intertainment for a burſer in the New Colledge of Sanét An- droes, this 96 geir, and ſo furth, geirlie, in all tyme comeing ; and that every Provinciall Aſſemblie fall have the priveledge to preſent the ſaid burſer ſo oft as the benefice or place fall vaik : And in cace ther be any of the Miniſters ſonnes within the Province, of meit graces for the ſaid place, that he be preferrit to all vthers to the Miniſtrie; and after the ex- pyring of his courſe in the ſtudie of Theologie, that he be bound to imploy his travels within the Province, to the quhilk his graces may be anſuerable; and that it be not leiſum to the ſaid burſer to imploy his travells in any vther place, except be the ſpeciall advyce and conſent of the ſaid Province. 872 THE BOOKE OF THE I596. Seeing the neceſſitie of the commoun affaires of the Kirk craves, that ther be a continuall travelling and attendance at Court, both for the fur- therance of the preſent worke, quhilk is in hands, of the planting of the kirks; as alſo of the continuall diligence of the enemie, waiting at all oc- caſiouns, ſpeciallie when they find any ſlacknes vpon the part of the Kirk, in the diſcoverie and reſiſting of the interpryſes of the ſaid enemie : Ther- for it is craveit, that a care and burdein of the commoun cauſe be laid vpon ſome brethren be the Generall Aſſemblie, either of them that are reſidents heir about Court, or els of ſome vthers to be appointit in diverſe parts of the countrey, becauſe vtherwayes ther is none that finds themſelves in con- ſcience bound to have any care heirof, or to take any paines heirin. To the firſt two articles the Aſſemblie aggreit. To the thrid, The Aſſemblie ordainit it to be movit in the Provinces firſt. To the fourt, Appoints Mrs Robert Bruce, David Lindeſay, James Bal- four, and James Nicolſone with them, quhen he is preſent. Seſſio 13a; Ultimo die Martij. Anent the articles concerning thair Majeſties perſons and houſes: The Aſſemblie hes nominat Mrs Patrick Galloway, James Nicolſon, and James Melvill, to conferre with thair Majeſties theranent. Offences in his Majeſties Houſe. Firſt, As ſtrangers and vther good ſubie&ts repairing to the Court, hes bein confortit to fie Chriſtian religioun religiouſlie exerciſeit; ſo now they are ſomequhat troublit, ſeeing now the exerciſe of the reiding of the Word at table, and reverent ſaying of the grace befor and after meat, diverſe tymes omittit. - That on the weik day the repairing to the heiring of the Word is mair rare then befor; and that he wald be admoniſchit for hearing of ſpeaches, in tyme of fermoun, of them that defyre to commoun with his Majeſtie. Privie meditatioun with God in ſpirit and conſcience, earneſtly to be recommendit to him. 1596. UNIVERSALL KIRK OF SCOTLAND. 873 His Majeſtie is blottit for banning and ſwearing, quhilk is over com- moun in courteours alſo, and movit be thair example. His Majeſtie wald labour to have ſick companie about him as himſelfe, according to his awin quhilk is gravelie to be recom- mendit to his Majeſtie to be put in pračtiſe. Robert Laud, and ſuch as are ſuſpectit, to be removit; eſpeciallie murtherers, [Papiſts, and profane perſons. The Queens Majeſties miniſtrie to be reformit; and tuiching her com- panie, her not repairing to the word and ſacraments, night walking, ball- ing, &c.; and ſuch lyke concerning her gentlewemen. $ In reſpect of the report of the brethren of the North, that gentlemen and burgeſſes are lyke to leave thair houſes for feare of the enemies, ſeeing thair great inſolence vnrepreſſed at home; the returning of thair wyves to the countrey againe, and thair proviſions in thair houſes and caſtells for thair home comeing, quhilk is murmurit againſt in all the countrie : For remeid, it is to be craveit that the Ladies of Huntlie and Erroll preſentlie be broght back againe and placeit in Sanét Androes; my Lord Gordoun. ficklyke to be broght to the South, and put to the ſchooles; thair freinds in the South to be wardit; and Cluny, Geicht, Abergeldie, Cowbairdie, Bonytoun gounger, Craig gonger, Alexander Hay of Auchmather, Mr Alexander Leſlie of Peill, James Knowis, Johne Gordoun of Newtoun, [Towie Barclay, Patrick Conn, J to be apprehendit. And for this [effect] it was thoght good that ſome Commiſſioner, the Proveſt of Edinburgh, with the Laird of Wedderburne, be directit to the North, with the Kirks Commiſſioners already appointit. The commoun corruptiouns of all Eſtates within this realme. Ane vniverſall caldnes and decay of zeale in all Eſtates, joynit with ignorance and contempt of the Word, Miniſtrie and Sacraments; and quher knowledge is, no ſenſe nor feiling, quhilk vtters itſelfe moſt mani- feſtlie be this, that they want religious exerciſes in thair families, as of prayer and of reiding of the Word; and quher the ſamein, for the moſt part abuſed and profanit be cuiks, ſtewarts, jackmen, and ficklyke; and the maſters of families aſhamit to vſe thir exerciſes of godlines in thairawin 5 s 874 THE BOOKE OF THE 1596. perſons; and no conference at thair tables, but of profane, wanton and worldie matters. Superſtitioun and idolatrie mantainit, quhilk vtters itſelfe in keiping of feſtuall dayis, and boonefyres, pilgrimages, finging of carrells at Yoole. Great blaſphemie of the name of God in all Eſtates, with horrible bann- ing and ſwearing in all thair ſpeiches. Profanatioun of the Sabboth, and ſpeciallie in ſeid tyme and harveſt, and commoun journeying on the Sabboth, and tryſting on wardlie turnes, exercifeing of all kynd of wanton gamis, keiping of mercatts, dancing, drinking, and ſuch like. - - - Litle care, reverence, and obedience of inferiours to thair ſuperiours; as ficklyk of ſuperiours in diſcharging thair duties to thair inferiours; as quher children pleyis in law aganis parents, and many of them maries aganis thair fathers [will and] conſent ; and no care of thair parents for thair educatioun in virtue and godlines. Ane flood of bloodſheds and deadlie feids ryſeing thervpon, and vniver- fall aſſiſting of bloodſheds for eluding of Jawis. Adulteries, fornicatiouns, inceſts, vnlawfull mariages, and divorcements allowit be publick lawis and Judges; and children begottin in ſuch marriages declairit to be lawfull; [exceſſive] drinking, waghting, and gluttony; quhilk is no doubt the cauſe of this [great dearth andl famine ; [and] gorgeous and vaine apparrell, filthie and baudrie ſpeiches. Sacriledge in all eſtates without any conſcience, growing continuallie mair and mair, to the vtter vndoing of the Kirk, and ſtaying of the plant- ing of the goſpell. Cruell oppreſſioun of the poore tennents, quherby the haill commouns in the countrey are vtterly wrackit, be extreame dear ſetting of thair rowmes, and halding out of thair cornes by vntymeous teinding, and ex- treame thraldome in ſervices. Oppreſſioun vnder pretext of law, be vſurie, and be contračts againſt law; foreſtalling of mercats, and regrateing be gentlemen, burgeſſes, and com- mouns; quherby pryces of vićtualls is mervailouſlie raiſed to the great hurt of the poore; and ficklyke be girnelling of vićtualls, and withhalding them from the mercatts, and not threſhing of them out in due tyme. Ane great number of idle perſons without lawfull calling, as pypers, fidlers, ſangſters, formers, pleaſants, ſtrang beggers, living in harlotrie, and having thair children vnbaptizit, without all kynd of repairing to the word. 1596. UNIVERSALL KIRK OF SCOTLAND. 875 Offences in the Court and Judgement Seat. Vniverſall neglect of juſtice both in civill and criminall cauſes, as, name- lie, in granting of remiſſions and reſpitts for blood, adulteries and inceſts; no executioun of good lawis made againſt vyces, or in favour of the Kirk; and in civill matters, the Judges, for the moſt part, vnmeitt, either in re- ſpect of the want of knowledge, or conſcience, or baith ; and quhen any office vaikes, the worſt men advancit therto, both in high and inferiour rowmes. No executioun made againſt the adherents of the detected enemies, and the enemies themſelves, nor imploying of thair livings to the [vſe of I re- fifting of the enemies, quherby the enemies are rather benefitit nor hurtit. The odious murther of Dunnibirſle not puniſchit. In Parliaments, ſacrilegious perſons, as Abbots, Pryours, dumb Biſchops, voteing in name of the Kirk, contrair to the lawis of the countrey, quherby the cauſe of the Kirk is damnified. The Seſſioun is chargeit with buying of pleyis, delaying of juſtice, and bryberie, quhilk is evident by extraordinar and ſudden conqueiſts. Greives to be humblie meanit to his Majeſtie, in name of the Generall Aſſemblie, be thair Commiſſioners, touching the principall offences in the eſtate of the countrey, that, be his Majeſties counſell and au- thoritie, ſufficient remedie in tyme may be provydit thervnto. Firſt, It is humblie meanit to his Majeſtie, that, to the great hazard of religioun, and peace of the countrey, and greife of all good men, the for- faltit rebells, and enemies of his Majeſties eſtaite, inioyes thair lands and livings als peaceablie, and to thair greater advantage, then if they were at his Majeſties peace within the countrey; and thair confederats and freinds, partakers and aſſiſters with them in thair treaſonable attempts, are ſufferit in ſo great a libertie, nevir having once ſo mikle as entrit thair perſons in ward, or givin pledges and ſuretie for thair good and duetiefull behaviour and obedience to his Majeſtie, in cace it fall happin the ſaid rebells, or any forraine enemies, to repaire within the countrey for diſquyeting of the eſtate therof; as if they [had] immunitie and exemptioun from all lawis, to confirme themſelves for ſtrenthening the hand of the enemies, 876 THE BOOKE OF THE 1596. quhen they happen to arrive; as it appeirs thair intentioun is, by [thair] preparatioun of force and armour, and leagues of friendſhip quhilk they are daylie binding vp. Diverſe Jeſuites and excommunicat Papiſts are intertainit within the countrey, deteining ſuch as they have pervertit in thair errours, and in- duceing vthers in the ſamein corruptioun ; and halding them in hope of [the] returning of the Papiſts Lords, with aſſiſtance of ſtrangers; as, namelie, Mr Robert Abercrombie, Mr Alexander Mºquhirrie, Abbot of Newabbay, Johne Gordoun of Newtoun, the gong Laird of Bonytoun, Mr Alexander Leſlie of Peil, Patrick Con, Alexander Ramſay, and diverſe vthers. • That in many places of the countrey, for lake of proviſioun of ſufficient ſtipends for proviſioun of Paſtours, the peiple lyis altogether ignorant of thair ſalvatioun, and duetie to God and the King, quherthrow the land is overflowit with atheiſme and all kynd of vyce; ther being above foure hundreth paroch kirks deſtitute of the miniſtrie of the word, by and attour the kirks of Argyle and the Yles. It is regratit Vniverſallie be his Majeſties lieges, that throw the delaying, perverting, and eluding of juſtice, murthers, oppreſſions, inceſt, adulteries, and all [kynd of] haynous crymes abounds. It is to be heavilie meant, that the brethren of the Miniſtrie, that hes gottin any meane proviſioun or help be the aſſignatioun [made] lxxxxv geirs, are delayit and refuiſit of juſtice, be the Lords of Seſſioun refuſand to decide thair ſuſpenſiouns according to the aët of Februar 1587. Articles to be proponit to his Majeſtie for remeid of the former greives. For remeid of the former greives, it is humblie to be craveit of his Ma- jeſtie, that the lands of the forefaultit rebells be diſponit to fick as are knowin to be moſt meitt, and of beſt affectioun, to refift the enemies of religioun, and of his Majeſties Eſtate, both forraine and inteſtine : And in the meane tyme that thair livings be takin vp, and intromettit with be his Majeſties officers, and imployit vpon the intertainment of wagit men, and vther neceſſar vſes, for the manteinance and advancement of the good cauſe; and that the Ladies of Huntlie and Erroll be chargeit to come ſouth, and make thair reſidence in Sanét Androes, that they be no more a receipt 1596. UNIVERSALL KIRK OF SCOTLAND. 877 and incouragement to the enemies, as they are preſentlie, be thair ſubtile forme of pračtiſe, quhilk they have vſit this geir by paſt, to the confirming of thair freinds and confederats, and intyſing of vthers quhom they might ſeduce to thair purpoſe, and open violence to ſuch as refuſes to yeild to thair courſe ; and that the Ladie Huntlies eldeſt ſonne be brocht ſouth, to be trainit vp in the knowledge of good letters and religioun ; and that the Lairds of Clunie, Gicht, Abergeldie, Cowbairdie, Craig gonger, Alex- ander Hay of Auchmatie, Buckie, James Knowis, Towie Barklay, Patrick Con, and the reſt of thair principall freinds and confederats, that hes kythit with them in ačtioun, in thair treaſonable interpryſes againſt his Majeſtie, be chargeit to come ſouth, and entir thair perſons in ſome ſufficient ward, ther to remaine ay and quhill they find ſufficient catioun vnder the paine of great ſowmes, that they fall neither traffique, intercommoun, ſupplie, nor intertaine intelligence, or give any kynd of aſſiſtance to any of his Majeſties rebells, or [any vther] enemies of religioun [Quhatſumevir, and give ſufficient pledgis of thair ſonnes and neireſt freinds to that effect. That his Majeſtie give commiſſioun to ſome of his ſpeciall ſervants, and vthers that are knawin to be of [abilitie and] good affectioun, to ſeik, ſearch, apprehend, and preſent before his Majeſtie, Mr Robert Abercrom- bie, Mr Alexander Mºquherrie, the Abbot of New Abbay, Alexander Ramſay, the gong Laird of Bonytoun, Alexander Leſlie of Peile, Johne Gordoun of Newtoun, and vthers, Jeſuites, and excommunicat Papiſts, as thair names falbe givin in a roll. - That his Majeſtie wald proſecute his good purpoſe and intentioun declairit befor the Aſſemblie, anent the planting of the haill kirks within the coun- trey, with qualified Paſtours, and ſufficient proviſioun of ſtipend for thair intertainment; and for that effect, that he wald give commiſſioun to the viſitours nominat be the Generall Aſſemblie, to take inquiſitioun of the eſtate of all the kirks within the bounds of thair viſitatioun, and to deal with the tackiſmen and poſſeſſours of the teyndis, in his Majeſties name, for ſufficient proviſioun to the Miniſters, out of the rent of every paroch, and to report the ſamein to his Majeſties Commiſſioners appointit for the wark of the Platt, in the ačt of Parliament, and provyde ſome honeſt moyen for the intertainment of thair charges in the journey. That his Majeſtie take ordour ſubſtantially be advyce of his Counſell and Eſtate, how the principall Judgement ſeats and vther inferiour Judgements may be purgeit of Vnqualified and corrupt perſons, and filled with vthers 878 THE BOOKE OF THE 1596. meit to diſcharge that calling faithfullie, for the comfort of his Majeſties peaceable and well diſpoſed ſubieóts. That his Majeſtie wald command [and ordain] the Lords of Seſſioun to miniſter juſtice to the brethren of the Miniſtrie, that hes gottin any aug- mentatioun of thair meane ſtipends or new proviſioun by the Commiſſioners appointit be his Majeſties Commiſſioun the 1595 [geirs, and that according to the aët of Februar 1587, as they are bound by thair ſolemne aith and promiſe ; ſeeing the extraordinarie dearth vrges them with ſo great neceſ. ſite, that vnleſſe his Majeſtie have ſome conſideratioun of thair eſtate, they and thair families will be driven to extreame povertie and want. [The new and conſtant Platt of planting all the Kirks of Scotland, penned to be preſented to the King and Eſtates, anno 1596. Our Soverane Lord, with conſent of the three Eſtates in Parliament, underſtanding that be the law of God it is expreſly commanded, as alſo for intertainment of religion and Gods ſervice, it is more nor neceſſar, that the Miniſters of his holy word have ſufficient rents for their honeſt ſuſten- tatioun ; confidering alſo that the rents and patrimony, which of old per- tained to the Kirk, is greatly damnified and exhauſted be annexation of the whole temporalitie thereof to his Hienes Crown, and be erection of a great part of the ſaid temporal lands of the Kirk, with diverſe kirks, and tithes included therewith, in new temporal Lordſhips; and be the new faſhoun of ſetting of long tacks of the ſaid tithes for divers nineteen years and life rents ſucceſſivé, for payment of ſmall filver duety, no wayes equivalent to the half of the reaſonable valour of the ſaid tithes; and be the pretended rights of many penſions, life rents, aſſignations, and other diſpoſitions of the ſaids tithes, and duetie of tacks; and be his Majeſties right of the thirds, ſuperplus, commoun kirks, firſt fruićts, and fyft pennie of every benefice, rights and diſpoſition of the ſame, proceeding from his Hienes after his perfect age, and from his Graces predeceſſors, for the moſt part ratified in Parliament, whereby there is no moyen left preſently to aug- ment the ſmall ſtipend of a poor Miniſter, albeit he had never ſo great ne- 1596. UNIVERSALL KIRK OF SCOTLAND. 879 ceffity, nor yet to plant anie new Miniſter at anie congregation, albeit the moſt part of the pariſh kirks of Scotland are altogether deſtituted of all exerciſe of religion; and that there is a great number of Miniſters not provided, but wanting upon ſome ſpecial charge and vocation ; lyke as a great number of good ſchollers of the youth of this realme, for the like poverty, is compelled to paſs to France, to the great danger of apoſtacy from religion, whereas otherways they might be profitable to the Kirk, and might be homeſtly intertained upon the ſaid tithes; which tithes, not only before the written law of God, and thereafter be expreſs commande- ment of the ſame, but alſo be the conſent of all nations, and ſpecialy of this realme, have ever pertained to the Kirk, whereby of all reaſon the Kirk having no other patrimony, ought to be maintained in the right and poſſeſ- fion of the ſaid tithes, at left ay and while they be ſufficiently provided otherwayes; conform to the which divers ačts have been made in Parlia- ment, That before the new proviſion of anie Prelat, the Miniſters at the kirks and pariſhes united to the ſaid Prelacie, ſhould be firſt provided to ſufficient ſtipends, otherwayes the proviſion of the Prelacy to be null: And likeways in the tenth ačt of Parliament holden 1567, it is ordained, that the whole thirds be firſt imployed to the uſe of the Miniſters, ay and whill the Kirk come in poſſeſſion of their own patrimony, which is the tithes: and alſo in the ſaid act of annexation, and divers other laudable ačts, it is expreſly provided, that the Miniſters ſhould be ſufficiently provided of liv- ings furth of the beſt and readieſt of the ſpiritualities; and that they ſhould be provided in title to all ſmall benefices, that they ſhould be pro- vided to manſes and gleebs for their reſidence at their kirks; and that laick patrons ſhould provide qualified perſons: which ačts have not tane fully effect, but on the contrair the livings of the ſaid Miniſters left un- certainly to be fought from year to year, at his Hienes Exchecker, out of the thirds with infinit proceſs in law, be reaſon of the manifold diſpoſition of the thirds to other laick perſons, proceeding from his Hienes as having right to the whole thirds, commoun kirks, ſuperplus, fyft pennie, and tem- poralitie of ilk benefice, and be reaſon of the collation of benefices pleno jure to perſons no wayes qualified, contrair to the good meaning and in- tention of the foreſaid ačts of Parliament, to the utter wrack and deſtruc- tion of the Kirk be plain povertie, as the profeſſed enemies of Chriſt would have done of old, if ſpeedie remedy be not found: Therefore his Hienes remembring that there is nothing more proper to his royal office, nor to 880 THE BOOKE OF THE 1596. be nuriſher of the true Kirk, and to be carefull of the advancement of the true religion, and continuing thereof to the poſterity, with conſent of the Eſtates in Parliament, be the tenor of this ačt declares, that the whole tithes of this realme, both Perſonages and Vicarages, as well united to Prelacies and other dignities, as not united, and other tithes quhatſomever, have pertained in all times bygame, and ſhall pertain in all times, to the Kirk as their proper patrimony: and of new, with conſent foreſaid, giveth, granteth, and diſponeth, and perpetually mortifieth the ſaid tithes of all Perſonages, and Vicarages, and other benefices whatſomever, within the realme, to the Kirk to remain therewith, as their own proper patrimony, conform to the tenor of this preſent ačt, in all time coming : And, with advice foreſaid, ſtatuteth and ordaineth, that the Lords of Exchecker, with ſuch of the Miniſtry as ſhall be appointed hereunto, being of equal number with the ſaid Lords, ſhall modifie and aſſigne out of certain touns of every pariſh, a certain quantity of vićtual of the teind ſhaves thereof, and other dueties of the Vicarage, as the nature of the ground may pay, with the manſe, and whole gleeb land, if the ſame remain yet unfewed ; and if the ſaid glebe be fewed, four aiker of the ſaid gleeb, whither the ſame be of the Parſons, Vicars, Biſhops, Pryors, or Prioreſſes, Deans, and Subdeans, Abbeys, or any other Kirk Land, for the gleeb, as a local ſtipend to every pariſh kirk of this realme, without exception, for ſuſtentation of the Miniſ. ter thereat ſufficiently and honeſtly in all reſpects, of the fruićts of the pariſh itſelf, notwithſtanding the ſaid kirks be annexed to Prelacies, or other benefices, or not doted to Colledges, or Univerſities, or otherwayes pertaining to old poſſeſſors of whatſomever degree, or to Miniſters newly provided in title therto at the Kings preſentation, or laick patrons, divided amongſt many Prebendaries, Deanries, or Chaplanries, or not divided commoun kirks, or other whatſomever qualitie, or condition the ſaid pariſh kirk has been of, or be whatſomever manner of way the tithes thereof have been bruiked in times by paſt, and notwithſtanding all and whatſom- ever right his Majeſtie may have, or pretend to the thirds, ſuperplus, firſt fruits, and fift penny, of the ſaid benefices; and notwithſtanding of all pen- fions, tacks, aſſignations, life rents, erection of the ſaid tithes, or any part thereof in a temporal Lordſhip, proviſion to Prelacies, or other benefices, unions, or diviſions of the ſaid pariſhes, and other diſpoſitions of the ſaid tithes, or any part thereof whatſomever, proceeding from his Majeſtie, or his predeceſſors, after his or their perfect age, confirmed in Parliament 1596. UNIVERSALL KIRK OF SCOTLAND. 881 with whatſomever ſolemnity or otherwayes, to whatſomever Caſtles, Col- ledges, Univerſities, or particular perſons of whatſomever degree : And not- withſtanding of whatſomever other tacks, penſions, life rents, fewing of the ſaid tythes, with lands, and fewing of the ſaid gleebs, and other diſpoſitions whatſomever, made be Prelats, or beneficed perſons, with conſent of their Chapters, to whatſomever particular perſon, Colledge, or Univerſity, for whatſomever ſpace of years, or yearly duty: And notwithſtanding of the priveledge of the Lords of Seſſion, and ačts of Parliament, and other laws bygane, unions, annexations, and incorporations of ſeveral pariſh kirks to a Prelacy or other benefice, or diviſion of the fruićts of a pariſh amang many Prebendaries, or Chaplanries, or others; and notwithſtanding all other impediments which any way may ſtay the full execution of this preſent ačt : Declaring all and whatſomever the ſaid proviſion of benefices, unions, in- corporations, diviſions, tacks, penſions, life rents, erections, and fewing of tithes, manſes, gleebs, priveledges, ačts, lawes, and former conſtitutions, and other diſpoſitions whatſomever of the ſaid tithes, manſes and gleebs, proceeding from his Majeſtie, or his Majeſties predeceſſors, or whatſomever other beneficed perſon, with whatſomever ſolemnity, to be null in time coming, in ſo far as they may make any prejudice to this preſent ačt, and to the particular local aſſignation of ſtipends to be aſſigned to every pariſh kirk, conform thereto, and to the full execution thereof, but any other re- dućtion or declarature of law : With power to the ſaids Lords and Miniſ- ters to take true tryal of the valour of the ſaid tithes; and to appoint, or- dain, and aſſigne the ſaids perpetual local ſtipend at every pariſh, out of ſuch ſpecial touns and lands of the ſaid pariſhes; and to unite ſeveral pa- riſhes in one, to diffever one in moe, with conſent of the parochiners; and to make a ſpecial book thereupon ; and generaly to doe all things neceſſar for this effect: Which local aſſignations of ſtipends and tithes whatſomever of the particular towns and lands to be ſpecified therein, ſhall pertain as freely to the Miniſter of the ſaid pariſh, as if he had been provided of old in title thereto : with power to the ſaid Miniſter to colle&t, gather, and intromett with, and to make warnings and inhibitions againſt the poſſeſ- fors of the ſaid tithes, manſes and gleebs, with as great effect as any Parſon, or Vicar, or any other beneficed perſon might have done in any time by- paſt, notwithſtanding all impediments foreſaids, and other whatſomever, but prejudice of the ſaids Miniſters rights to the whole remanent of the ſaid benefices, when the ſame ſhall vaike, and fall in their hands, be de- 5 T 882 - THE BOOKE OF THE 1596. ceaſe of the preſent poſſeſſors, reducing or expyring of tacks, or other ways whatſomever, and of the free diſpoſition thereupon, as accords of the law, and conforme to this preſent ačt in all points. And for the better execution of the premiſſes, our Soverane Lord, with advyce foreſaids, diſ- folves expreſſly all and whatſomever unions of ſeveral pariſh kirks to Pre- lacies, benefices of dignity and others, and ſuppreſſeth and abrogateth the name and ſtiles of the ſaid Prelacies and dignities, and unites of new the tithes of every pariſh, where the ſame were divided of old amongſt many Prebendars, Chaplans, and others, in a whole benefice; and ordaines that Miniſters be provided in title to every pariſh kirk in particular, which was before united to Prelacies now vacant, or which have vaiked in his Graces hand, ſince the Parliament holdin at Edinburgh in anno 1584, or which fall in any wife hereafter vaick be demiſſion, deprivation, or other ways whatſom- ever; and to all other ſeveral pariſhes vacant, both to the Perſonage and Vicarage thereof, with the manſe, and gleeb of four aikers of land, conform to the former acts made anent the ſaid gleebs and manſes; at the which kirks the ſaid Miniſters ſhall be obliſhed to make their reſidence, and ſhall have intromiſſion with the fruits thereof, conform to this preſent ačt, and book of perpetual modification of the local ſtipends to follow hereupon : and after their deceaſe, demiſſion, or deprivation, the other qualified per- ſons to be preſented thereto be his Hienes and his Graces ſucceſſors, and be others having the right of preſentation and patronage thereof; and that no new Prebendars ſhall be provided after the deceaſs of the preſent poſſeſſors, but the rent to accreſce to the living of the Miniſter, conforme to this ačt, &c. And becaus it is moſt neceſſar that the ſaids local ſtipends be of a certain quantity, according to the nature of the ground, and out of cer- tain ſpecial lands moſt eweſt to the kirk, and commodious to the Miniſ- ter, that the Miniſter may know of whom to crave his duetie: And feing it is impoſſible to the Lords of Excheker to know what lands to appoint for payment hereof, be reaſon they know not, neither the names of the lands, nor valour of the teind ſhaves of every particular toun and land within this realme : Therefore his Hienes, with advyce forſaids, ordaines, that every Preſbytrie within this realme, with advice of three Barons, or landed Gentlemen, who have their reſidence within the ſaid Preſbytrie, of good religion, and leiſt participant of Kirk rents, choſin be advice of the General Aſſembly, and failling the concurrence of the ſaids Barrons, that 1596. UNIVERSALL KIRK OF SCOTLAND. 888 the ſaid Preſbyters be themſelves ſhall have power to eſtimate reaſonably the valour of tithes, both Perſonage and Vicarage, of every particular town, and lands laying within each one of the ſaids touns, and pariſhes of their Preſbytries, and of the commodiouſneſs thereof to the ſuſtentation of their Miniſter: which eſtimation ſhall be publiſhed upon two ſeveral Sundayes, in time of divine ſervice, in the ſaid pariſh kirks; with proviſion, that what- ſomever party intereſſed in any wife be the ſaid eſtimation, and pleaſe to complain thereupon, ſhall have moſt ſummar remeed before the ſaids Lords of Exchecker, after ſummar cognition of the caus betwixt the ſaid Preſby- trie, and particular Miniſter of the pariſh kirk, and general Procurator of the Kirk, or others having intereſt on the one part, and the ſaid partie compleaner on the other part. Attour becauſe the dilapidation of the rents of the Kirk has pro- ceeded for the moſt part from the Kirkmen themſelves, who had ower great liberty to ſett ſuch long tacks, and fewes, and for ſuch dueties as they pleaſed ; the ſolemnity of ordinar Chapters ſerving not to re- ſtrain the ſaid dilapidation, for which they were firſt inſtituted, but rather to authorize the ſame ; which Chapters for the moſt part be now worn out: Therefore, our Soverane Lord, with advice foreſaid, ſtatutes and or- daines, that no Miniſter or beneficed perſon ſhall have power to ſett in tack, or to make any kind of diſpoſition, alteration, or change in any wayes, the eſtate of the local ſtipends of the pariſhes, with whatſomever conſent or ſolemnity; neither to ſett new tacks, or to renew old tacks of whatſomever other tithes of his pariſh, or any part thereof, or make whatſomever diſpo- ſition of the ſame in tyme coming, without conſent of the whole or the moſt part of the Preſbytrie, wherein the pariſh lyeth, [aſſemblit] at the ordinary day of conveening, after reaſoning two former ordinar dayes, anent the equity of ſetting, renewing, or making of the ſaid tacks and diſpoſitions: And declares, that the converting of vićtuals or other dueties [in filuer, J ſhall be expreſs diminution of the rentall, and a cauſe of nullity and re- dućtion: And for eſchewing of antedeating of tacks and rights of tithes [whatſumeuer], and of the infinit time for which the ſame was ſett in tyme bypaſt, his Hienes, with advice foreſaid, ordains, that all and what- ſomever tacks of whatſomever tithes ſett in any time preceding the date hereof, for whatſomever longer time of many nynteen years tacks, or lyfe rents ſucceſſivá, ſhall endure only for the ſpace of nineteen years after the date of the ſaid tack; with proviſion, that whatſomever mynteen year 884 THE BOOKE OF THE 1596. tack, or life rent of tithes, which has not begun in the ſetters tyme, ſhall be null and of none availl, albeit another nineteen year tack or life rent con- tained in the ſame tack, has begunne or run out in the ſaid ſetters time: and that all former tacks of tythes preceeding the date hereof, life rents, aſſignations, penſions, erections, fewes, and other diſpoſitions of tithes, ſhall be produced before the Lords of Exchecker before the day of next to come, and regiſtred in the books of the Colleótorie: at the left ſo much of the ſaid erections and fewes to be regiſtered, as con- taineth the rights of tithes contained therein; and the date of the regiſtra- tion thereof, and the perſon ingiver of the ſaids tacks and other rights, to be regiſtred therewith in like manner, and marked and ſubſcribed be the Colleótors Clerk, vpon the bak of the ſaid tacks and rights, for eſhewing of all frauds which may be herein; with certification, that the tacks, and other rights of whatſomever tithes, not regiſtred, as ſaid is, ſhall be null, and make no faith in judgment nor without ; and that the imprinting or publication of this aét, ſhall be ſufficient intimation hereof, and of the cer- tification foreſaid, without any other ſpecial letters, &c. Moreover, becaus the Miniſters and other beneficed or laick perſons, hav- ing the rights of tithes of other mens heritage, oft times unjuſtly trouble both themſelves and the lawfull poſſeſſors of the ſaids tithes, with inhibitions, and aćtions of ſpoilzie, whereby they compell them to hight their tithes above the reaſonable valour : Therefore our Soverane Lord, with advice foreſaid, de- clares and ordaines, that whatſomever perſon is lawfully in the natural poſ. ſeſſion of tithes be leading and intrometting therewith, the heritage or preſent right of poſſeſſion of the land being his own, and makes good and thankfull payment, within dayes after ilk terme, of the duetie of the ſaid tithes, conforme to the eſtimation above written, to be made be the Preſbytries forſaids to the Miniſters and others having right to the ſaid tithes; in that caſe, the ſaid perſon ſhall be free of all ačtion of ſpoilzie and danger which may follow upon inhibition led againſt him thereanent : provyding alwayes, that whatſomever perſon committ any violence in ejećting another furth of the natural poſſeſſion of leading of tithes, ſhall be ſubjećt either to the ac- tion of ſpulzie, or the quadruple of the eſtimation foreſaid, at the option of the partie ejećted, as ſaid is. Like as alſo it is provyded, that quher the right both of the property, and preſent right of the actual poſſeſſion of the land, and als of the tithes, concurre in one mans perſon, it ſhall be leaſome to him to uſe inhibitions, and, conforme to the old order, apprehend poſſeſ. 1596. UNIVERSALL KIRK OF SCOTLAND. 885 fion of his own tithes, paying always the duetie and valuation thereof to the Miniſter, or others having right; in which caſe, the offer of the eſtimation foreſaid ſhall be no relevant defence to reſcind the natural poſſeſſion of the tithes of another perſons heritage; and to eſhew the danger of ſpulzie in prejudice of him who has the right both of the lands and tithes, as ſaid is, and in favour of him, who has not preſent right to the aëtual poſſeſſion of another mans land, nor yet of the tithes thereof. &c. Attour, be reaſon that the ſaid patrimony of the Kirk ſhould alſo ſuſtain and uphold ſchools and poor, with common affairs of the Kirk, and other godly uſes : Therefore our Soveraign Lord, with advice foreſaid, ſtatutes and ordains, that a perfeót rentall be made of the ſuperplus of the rents of every pariſh kirk, by and attour the foreſaid local ſtipends, containing the rights, be the which the ſuperplus of every benefice is poſſeſſed; and that the Miniſter, albeit he be provided in title to the whole benefice, and have the colle&tion of the whole fruićts thereof, and liberty to reduce tacks and fewes, as any other beneficed perſon might have done of before; yet the ſaid Miniſters ſhall not have the free diſpoſition of the ſaid ſuper- plus to their own uſe, but ſhall be comptable therefor to them who ſhall obtain the right thereof: and in caſe of their failzie in thankfull payment, or committ violence, they ſhall be ſubjećt to the danger of ſpulzies double or quadruple of the eſtimation foreſaid, fic like as others that make not payment thankfully to the ſaid Miniſters themſelves, conforme to the former article. And as for the ſuperplus of the rent of every particular pariſh kirk, by and attour the local and perpetual ſtipend appointed for the Miniſter, which ſuperplus either preſently pertaineth to the Kirk be vaiking of the benefice or vtherwayes, or ſhall hereafter pertain, or fall in the Kirks hands, be expyring or redućtion of tacks and other rights, deceaſe of the preſent poſſeſſors, or otherways whatſomever, our Soverane Lord, with advice foreſaid, ordaines and ſtatutes, that the ſaid ſuperplus ſhall be diſ- poned be the advice of the Lords of Exchecker, and brethren of the Miniſtry appointed for modification of Miniſters ſtipends; firſt, to the Colledges, and Lords of Seſſion, and old poſſeſſors of the benefices, induring their life times, for ſo much as ſhall be tane from them be the preſent order; next, that the common affaires of the Kirk be ſufficiently ſuſtained thereupon ; thirdly, that reaſonable confideration be had of the poor, ſtrangers, widowes, and orphans; reparation of bridges, kirks, hoſ. 886 THE BOOKE OF THE 1596. pitals, and other godly works: And if there be any reſt, the ſame ſhall be collected, and keeped to the uſe of the Kirk, and at their diſpoſition allenerly. And whatſomever particular perſon, Colledge, or other ſhall obtain affignation of any part of the ſuperplus be the ſaids Lords and mo- difiers, their ſaid affignation and letters thereupon ſhall be ſpecialy in quantity, and out of what touns and lands the ſame is aſſigned ; and the ſaid letters ſhall be ſpecialy direéted againſt the tenments and ačtual poſſeſ- ſors of the ſaid particular lands, and the Miniſter of the pariſh allanerly, ſo that no letters in time coming be directed generaly againſt all and fun- drie the parochiners, &c.; and of the beſt and readieſt of the fruićts where the right whereupon the letters paſs extends only to a part of the fruits, and not to the whole fruićts of the paroich, as was of before, which was the occaſion of great confuſion. * And becaus the Prelacies in effect were before diſſolved, the whole temporalities thereof being annexed to the Crown, and Miniſters ſtipends ordained to be tane out of the pariſh kirks united and incorporated there- with ; lyke as be this order the whole ſpiritualitie and tithes are of new deſtinated, given and mortified to the Kirk, whereby the ſaids Prelacies are all utterly diſſolved, and ſo ceaſs in time coming to be one of our Eſtates in Parliament: Therefore our Soverane Lord, with advyce fore- ſaid, ſtatutes and ordains, that in time coming every Preſbytrie ſhall ſend, of their own number, a Commiſſioner to the Parliament, out of the which whole number of Commiſſioners the reſt of the Eſtates ſhall choiſe ſo many as, being joyned with the old poſſeſſors of the Prelacies, who ſhall be preſent for the time, may make out the full and compleat number of them who have vote in Parliament for the eſtate of the Kirk, which num- ber ſhall be equal with the number of any of the other Eſtates. And after the deceaſe of the whole preſent poſſeſſors of Prelacies, the whole number of the Kirks Eſtate ſhall be eleēted, and tane of the ſaid Com- miſſioners of the Preſbytries, who ſhall have ſuch vote, priveledges and liberties in Parliament, as the ſaid Prelats had of before, &c. And to the effect that the rights of no parties be further prejudged, our Soverane Lord, with advice foreſaid, ratifieth all ačts and ſtatutes made of before in favour of the Kirk, in ſo far as the ſame agrees, or may in any wife fortify this preſent ačt; and ſpecialy the aët of Secret Counſell, Seſ. fion, and Exchecker, upon the 14 of Februar 1587 : And in like manner, all ačts and ſtatutes made in favour of fewes, tacks, patronages, penſions, 1596. UNIVERSALL KIRK OF SCOTLAND. 887 erections and other diſpoſitions of the kirk rents, in ſo far as they are not contrair or any ways repugnant to this preſent ačt, or full execution there- of: Which ačts, together with all and whatſomever rights pertaining to privat perſons and parties, ſuch as fewes, proviſion of their benefices, erec- tions, tacks, lyfe rents, penſions, patronages, aſſignations, and diſpoſitions whatſomever of the tithes, ſhall ſtand in the ſame force as of before the making of theſe preſents, excepting plainly in ſo far as they are expreſſly prejudged be the ſaid local ſtipend to be appointed to every particular pariſh, conform to the tenor of this preſent Aét, and Book of particular modification to follow thereupon, and other proviſions and reſtriótions ex- preſsly contained herein. Lyke as our Soverane Lord, with advice fore- ſaid, abrogateth all former lawes, ačts, conſtitutions, pračticks, and ordi- nances whatſomever, which may in any wiſe hinder, ſtop, or impede this preſent ačt and full force and execution thereof: and declares whatſom- ever ſhall be done in the contrair thereof, or any part of it, the failyie and contravention ſhall be tryed; and the right diſpoſition or other deed whatſomever, done contrair to the tenor hereof, ſhall be reduced and an- nulled, als well by way of exception, reply, or duply, as by way of a&tion. Lyke as our Soveraign Lord, with advice foreſaid, commands, that no Judge remitt to an ačtion, or delay the proponer of the ſaid nullities by way of exception, reply, or duply, but proceed inſtantly to the tryall of the ſaid nullities, as ſaid is. Attour, becaus there are divers and fundry perſons who preſently bruike the rents of every pariſh kirk, our Soverane Lord, with advice foreſaid, ordaines, that the quantity of the local and perpetual ſtipends ſhould be equally tane from every one of the ſaids perſons proportionally, at the left every one to relieve others proportionally, according to the free profit which they receive of the ſaids tithes, at the diſcretion and ſummar cognition of the ſaid Modifiers, who ſhall be only Judges herein, and ſhall try, judge, and cognoſce ſummarly upon the equity of the relief betwixt the poſſeſſors of the ſaids tithes, ſuch as where there is a Prelat, or old provided man, ane, or moe tackſmen or penſioners, new erected Lordſhips, with tithes included, with the fewes of lands, fewes of fermes, and whatſomever other variety there is of rights, be the which the poſſeſſor of the tythes of every pariſh reſpective bruiketh the ſame : and what relief the reſt ought to make them, from whom immediatly the rights of the tithes are tane, which ſhall be aſſigned for the perpetual local 888 THE BOOKE OF THE 1596. ſtipend of every pariſh kirk; wherein alſo ſhall be conſidered the right which our Soverane Lord had to the thrids or any other parts of the bene- fices, togither with ſuch other ačtions, for the which his Majeſtie might have charged the poſſeſſors of the ſaid tithes. Like as alſo the ſaids Lords of Exchecker, in making of the ſaid relief, ſhall confider immunities, prive- ledges, and rights, which parties had of before, and validitie thereof, with all other circumſtances ex æquo et bono. And for this effect, our Sove- ran Lord, with advice foreſaid, giveth power to the ſaid Lords of Exche- ker, and Miniſters ſpecially to be appointed, be his Hienes Commiſſion, being always equal in number with the ſaids Lords, to interpret all ob- ſcurities, and to decide ſummarly all controverſies, which ſhall ariſe upon this preſent ačt, and upon the foreſaid relief, betwixt all parties ſubjećt thereto. C. & Melvills Diary.] 1596. UNIVERSALL KIRK OF SCOTLAND. 889 A. D. M.D.XCVI. The Generall Aſſemblie haldin at Perth, the firſt day of Marche 1596, [the laſt of Februar: C.] Quher ther conveinit the Com- miſſioners from all Preſbytries, according to his Majeſties miſſive. Seſſio 1a. Exhortatioun ther was none. Anent the ſupplicatioun given in be Mr Thomas Nicolſone, Advocat, bearing that in reſpect he was admittit to be Clerk of the Generall Aſſem- blie, in place of vmquhile Mr James Riche, laſt Clerk therof, be fevin of the Commiſſioners deput be the laſt Generall Aſſemblie, to intreat and conclude in the affaires of the Kirk, quhilk ſould fall out [and intervene] betuixt and the nixt Generall Aſſembly, that, therfor, the Aſſemblie now conveinit wald admitt the ſaid Thomas to the ſaid office, and corroborat his admiſſioun with thair authoritie: The brethren conveinit, all in ane voyce, hes creatit and admittit the ſaid Thomas de novo, and eleētit him to be Clerk of the Kirk, with power to him to vſe and exerce the ſame, and all priveledges belonging therto, as frielie as any Clerk might have done 4t:. any time bygane. : " : :": 890 THE BOOKE OF THE 1596. Seſſio 2a: 2 Martij. Anent the commiſſioun direét be his Majeſtie to Sir Johne Cockburne of Ormeſtoun, Knyght, Juſtice Clerk, and Mr Edward Bruce, Commenda- tour of Kinlos, with all expeditioun, to repaire to the Commiſſioners of the Preſbytries of the Kirk preſentlie conveinit within the Kirk of Perth, and to inquyre of them if they be ane lawful Generall Aſſemblie of the Kirk, and hes ſufficient power of themſelves to give anſuer, treat and con- clude vpon ſuch things as are to be proponit and intreattit in this preſent Conventioun, according to his Majeſties warrand and miſſive direct to them be his Hienes to that effect, and to report thair anſuer, in wryte, therament. The brethren preſent, after long reaſoning and conference had ament the premiſſes, thinks that thair meiting is ane laufull Generall extraordinar Aſ- ſemblie, be reaſon of his Majeſties letter direct to the Preſbitries and Pro- vincialls to that effect, and the Preſbitries and Provincialls commiſſioun given to meitt in the towne of Perth : and therfor are willing to heir quhat his Majeſtie will propone ; and to treat, conclude, and give anſuer ther- anent, conforme to the commiſſions with the quhilk they are authorizit be the Preſbitries and Synodalls. Seſſio 3a, 2 Martij. The Commiſſioners deput be his Majeſtie proponit certaine heids and ar- ticles to the brethren to be reſolvit and concludit in the preſent Aſſemblie, quherof the tenour followis: Sen the quyetnes of the Kirk, and frieing of the ſame of ſlander, quhilk vpon the contrair effects wald neceſſarly follow, is the cheife butt and end, quherat his Majeſtie ſhoots in the conveining and halding of this preſent Aſſemblie : Therfor, for eſchewing of faſchious and langſome diſputatiouns, quhervpon diverſe vncomely contraverfies and debaits might ariſe, his : Majeſtie hes thocht good to remitt the deciſioun of a great number of the ::$ºinted queſtions to a better opportunitie, to be reaſonit in the meane * tyme be fick as ſalbe authorizit be commiſſioun to that effect; and for the preſent fall content himſelfe with the decifioun of thir few articles follow- 1596. UNIVERSALL KIRK OF SCOTLAND. 891 ing, having made choiſe of nane bot ſick as neceſſitie of tyme could not permitt to be delayit, without great harme and ſlander to follow. 1. That it be not thocht vnlawfull neither to the Prince nor any viher of the Paſtours any tyme heirafter, to move doubts, reaſon, or crave refor- matioun in any points of the externall policie and governement or diſci- pline of the Kirk, that are not effentiallie concerning ſalvatioun, or is not anfuerit affirmative vel negative be any expreſſe part of the Scriptures; provyding that it be done decenter, in rycht tyme and place, [animol edi- ficandi non tentandi. 2. That fen the civill and politick governement of the country belongs always and allanerlie to the Kings office and his Counſellours, and is no wayes pertinent to the ſpirituall Miniſtrie of the Word, that no Miniſter fall at any tyme heirafter meddle with the matters of the Eſtate in the pul- pit, or with any of his Majeſties laws, ſtatutes, or ordinances: Bot if any of the Miniſtrie fall think any of them hurtfull to the religioun, or contrair to the Word, they fall privately complaine thervpon to the King and his Counſell. 3. That it ſall not be laufull to the Paſtours to name any particular mens names in the pulpitt, or ſo viuelie to deſcryve them as may be equivalent with thair naming, except vpon the notoritie of a cryme; quhilk notoritie man only be defynit be the guiltie perſons being fugitive for the tyme, or being fylit by ane aſſyſe, or excommunicat for the ſame. 4. That every Miniſter, in his particular applicatioun, fall have only re- ſpect to the edificatioun of his awin flock and preſent auditour, without expatiating vpon vther diſcourſes no wayes pertinent for that congregatioun. 5. That everie particular Preſbitrie ſalbe commandit to take diligent ac- compt of thair Paſtours doćtrine, and that he keip himſelfe within the bounds of the premiſſes. 6. That ſummar excommunicatioun be allutterlie diſchairgeit as inept, and that thrie laufull citatiouns, at leaſt of auðt days interuall betuix every ane of them, preceid the ſentence. 7. That no Seſſioun, Preſbitrie, nor Synodall, vſe thair cenſures vpon any bot them that are reſident within the bounds committit to them; vther- wayes thair decreits and ſentences to be null. 8. That all ſumounds containe ane ſpeciall cauſe and cryme; and name ſuper inquirendis to be ſumound, quod eſt mere tyrannicum. 892 THE BOOKE OF THE 1596. 9. That no meiting nor conventioun be among the Paſtours without his Majeſties knowledge and conſent; excepting alwayes thair ordinar Seſſiouns, Preſbitries, and Synods. 10. That in all the principall townes, Miniſters be not chofin without the conſent of thair awin flock and of his Majeſtie; and that ordour to be begun preſentlie in the planting of Edenburgh. 11. That all matters concerning the reſt of his Majeſties queſtiouns be ſuſpendit [unmedled with, either in pulpitt or any vther judicators, quhill firſt all his Hienes queſtiouns be fullie decydit; and in ſpeciall, that all matters importing ſlander come not in before them in the meane tyme, quherin his Majeſties authoritie royall is hielie prejudgeit, bot only in cauſes that are meere eccleſiaſtick. 12. That fevin or aucht of diſcreit wyſe Miniſters be authorizit be com- miſſion, to reaſon vpon the reſt of the queſtiouns, as opportunitie of tyme fall ſerve. 13. That they give commiſſioun to the Miniſtrie of the North to be at a point with Huntlie; and if he ſatiſfie them, to abſolve him. And for the better anfuering of the ſaids articles, the Aſſemblie ordainit certaine brethren to be choſin out of every ſhyre preſentlie conveinit, quho ſould give thair advyce and overture vpon the ſaids articles proponit be his Majeſtie, and therafter report the ſame to the Aſſemblie : They are to ſay, Mrs John Monro, Alexander Dowglas, Peter Blackburne, Johne Strath- anchin, Alexander Forbes, James Nicolſone, Andro Lamb, Alexander Lindſay, William Cowper, Thomas Buchannan, James Melvill, Johne Spotiſwood, Adame Colt, Thomas Storie, Andro Clayhills, Johne Knox, James Bryſſoun, Patrick Sharp, Gawin Hamiltoun, Alexander Scrymgeour, David Barklay. Seſſio 4a. [Anſwers to the Articles be the brethren appointed on the conference. The brethren conveened gave their advyce in the firſt article, That it is not expedient to make a law or ačt touching this, leaſt a door ſhould be opened to curious and turbulent ſpirits; otherwiſe they think it lawfull to 1596. UNIVERSALL KIR.K OF SCOTLAND. 893 the King be himſelf or his Commiſſioners, to propound in a Generall Aſ- ſembly whatſomever points he deſires to be reſolved in, or to be reformed in ſpecie externi ordinis, ſeeing ſubſtantia externae adminiſtrationis eccleſiaſ. ticae eſt pleniffine tradita in Sacris Literis: And as the Generall Aſſembly may accept of that from the King, ſo may the Generall Aſſembly doe anent any thing that is done be his Hiemes in any Convention, meeting, or Aſ- ſembly conveened be him hereafter. 2. Their advice to ſecond article is, That laws already made, hurtfull to religion, and prejudiciall to the liberty of the Word, be declared to be ex- pired, as the ſame ſhall be particularly condeſcended upon; and no laws be made hereafter touching religioun without advice and conſent of the Kirk, who are declared to be the third Eſtate of the country : and that no aćt whatſomever be made contrary to the Word, the preaching whereof the Paſtours have concredited to them ; which if it ſhall fall out (as God forbid) they think, that every Paſtour, be advice of his Preſbitrie, Synodall or Ge- neral Aſſembly, ſhould firſt complean and ſeek remedy of the ſame; which remedy not being gotten, they ſhould direét the force of the Word againſt the ſame with all liberty. And as concerning matters of Eſtate, the breth- ren deſires the explaining of this point of the article. - 3. No mans name ſhould be expreſſed to his rebuke in pulpit, but where the fault is notorious and publick; yet they eſteem Notoriety muſt be de- fyned otherwayes than by being fugitive, and fyled by Aſſiſe, or excommu- nicated: for contumacy after citation, publick commiſſion of murther, adul- tery, or the like, as was Bothwels coming to the Abay, the murder at Dunnybriffel, and many other of that fort, makes notoriety. As to the vive deſcription, equivalent to the naming, it is hard to ſet a law therto, ſeeing a guilty perſon will apply to himſelf, howbeit the Preacher never thought of him. - 4. No Paſtor ſhould uſe application, wherein he has not reſpect to the edification of his own flock, and the preſent auditors. 5. It is the duty of every Preſbytrie to take account of every Paſtors doétrine, that he keep himſelf within the bounds of the Word of God. 6. In the Generall Aſſembly holden at Montroſe, it was ordained, That every Preſbytrie ſhould ſeek out the warrants of ſummar excommunication pro et contra, and produce the ſame to be confidered in the next General Affembly; and that deciſion might be takin therein, according to the Word of God. And ſeeing the Commiſſioners from Preſbytries at this preſent 894, THE BOOKE OF THE 1596. have not brought with them the ſaids reaſons, it is beſt to leave this matter to the ordinar General Aſſembly. In the meantime the aët of Montroſe to be keeped. 7. The General Aſſembly has appointed every offender to be cenſured in the place where he offendeth ; which they cannot goe by, nifi in cauſa COI/l/Ill IIll., 8. Fiat. 9. This article is againſt the meeting of Paſtors neceſſar, as viſitation of kirks, admiſſion of Miniſters, concurrence of brethren on the moſt lawfull errand, as in taking up of feeds, reſolving of queſtions, and ſuch lyke : Therefore, beſide their Seſſions, Preſbytries, Synods Provincial and Gene- ral, the brethren think all meetings, for diſcharge of their office, ought to be allowed. 10. This article is anſwered be an ačt of the General Aſſembly, which ſtatutes, that the principal touns fall be planted with Miniſters be advice of the General Aſſembly, at the which his Hienes Commiſſioners are, and ſhould be preſent. 11. This article imports a diſcharge of many points of our Diſcipline, ſo as it cannot be preſently anſwered. They gave their advice be word to 12 and 13 articles. C.] Seſſio 54. 4 Martij. The brethren conveinit being deſyrit be the Kings Commiſſioners, ſent fra his Majeſtie to that effect, to repaire to the place quher his Hienes and Eſtates were preſentlie ſittand, to conferre anent the forſaids articles, they, at his Majeſties defyre, reſorted to the Counſell houſe; and ther, befor any farther reaſoning, after his Majeſtie had diſcourfit vpon ſick things as ſould be proponit, proteſtit in maner as after followis: - Sir, Forſameikle as we are come hither to teſtifie to gour Majeſtie our obedience, and to heir quhat ſalbe proponit be gour Hienes to vs, with all reverence we proteſt, that this our meiting be noteſteimit asthoch we made ourſelves ane Aſſemblie with the Eſtates, or get dois ſubmitt any matters eccleſiaſticall, either concerning doćtrine or diſcipline, to this Judicatour: 1596. UNIVERSALL KIRK OF SCOTLAND. 895 But after we had conferrit and reaſonit with gour Majeſtie anent the arti- cles proponit to vs, we muſt returne to the ordinary place of our Aſſemblie, ther to reaſon, vote, and reſolve in all theſe points, according to the Word of God and a good conſcience. And this our proteſtation we moſt humblie deſyre may be admittit and inſert in gour Majeſties Bookis of Counſell, for eſchewing of inconveniences that heirafter may riſe. The quhilk proteſtatioum was ratified and reiterat and confirmit be his Majeſtie; and after lang reaſoning vpon the ſaids articles, the brethren was dimittit. [The anſwers as they were altered, and are extant regiſtred in the 6th Seſſion, here follow. C.] Seſſio 64, 4 Martij. 4. Anent the Articles proponit be his Majeſtie to be reſolvit and anſuerit be the Generall Aſſemblie, the brethren, after long conference and mature deliberatioun, concludes and anſuers to the ſame, in maner and forme as after followeth : 1. That it is laufull to his Majeſtie, be himſelfe, or his Hienes Commiſ- fioners, or to the Paſtours, to propone in a Generall Aſſemblie, quhatſoevir [poynt] his Majeſtie or they defyres to be reſolvit or to be reformit in matters of extermall goverment, alterable according to circumſtances; provyding it be done in right tyme and place, animo edificandi, non tentandi. 2. The Aſſemblie ordaines that no Miniſter fall reprove his Majeſties laws, ſtatutes, ačts, and ordinances, vnto the tyme that firſt he be advyce of his Preſbítrie, Synodall or Generall Aſſemblies, complaine and ſeik re- medy of the ſame from his Majeſtie, and report his Majeſties anſuer, befor any farther proceiding. 3. No mans name ſould be expreſt to his rebuik in pulpitt, except the fault be notorious and publick; quhilk notoritie is defynit, If the perſon be fugitive, convićt be ane affyfe, excommunicat, contumax after citation or laufull admonition; nor get ſould any man be deſcryvit vivelie be any other circumſtances except publick vyces alwayes damnable. 896 THE BOOKE OF THE 1596. 4. The brethren finds that no perſon ſould vſe applicatioun, quherin he has not a cheife reſpect to the edifieing of his awin flock and preſent auditours. 5. The Aſſemblie ordaines every Preſbitrie to take diligent accompt of the Paſtours doćtrine, and that he keip himſelfe within the bounds of the Word. 6. The Aſſemblie ſuperſeids to anſuer to the 6 article to the mixt Aſſem- blie; and, in the meane tyme, ſuſpends all ſummar excommunicatioun quhill the ſaid Aſſemblie. 7. The 7 lykewayes is referrit to the next Aſſemblie. 8. Ordaines all ſummonds to containe a ſpecial cauſe and cryme, and that mane be ſummound ſuper inquirendis. 9. No Conventiouns ſould be among the Paſtours without his Majeſties knowledge and conſent, except alwayes thair Seſſiouns, Preſbitries, and Synods, thair meitings in viſitatioun of kirks, admiſſioun and deprivatioun of Miniſters, taking vp of feids, and ſick vthers as hes not bein found fault be his Majeſtie. 10. In all principall townes, Miniſters ſould not be chofin without the conſent of thair awin flock and his Majeſtie. 11. All matters concerning his Majeſties queſtiouns remanent falbe ſuſ- pendit, not damned or rebuiked either in pulpitt or vthers thair Judica- tours, quhill firſt all his Hienes queſtions be decydit in the nixt Generall Aſſemblie; and in ſpeciall [no] matters importing ſlander fall come in before them in the mean tyme, quherin his Majeſties authorite royall is [highly] prejudgeit, excepting only eccleſiaſticall cauſes. 12. The Aſſemblie hes chofin and appointit certaine brethren with com- miſſioun to intreat vpon the ſaids queſtiouns, and to report thair advyce and opinioun to the nixt Generall Aſſemblie; referring the tyme and place of conveining to his Majeſtie. The brethren appointit to that effect, as followis: Mrs James Nicolſoun, Johne Caldcleugh, Andro Clayhills, David Lindſay, Thomas Buchannan, James Melvill, Robert Wilkie, William Couper, Johne Couper, Thomas Bryſoun, Robert Rollock, Pa- trick Galloway, Johne Duncanſone, Robert Hewie. 13. The Aſſemblie gives commiſſioun to the Miniſtrie of the Preſbytries of Murray and Aberdein to inſiſt in conference with the Erle of Huntlie; and to that effect appoints Mrs Andro Milne, Andro Leich, Andro Lamb, George Gladſtanes and Johne Ramſay, to concurre and aſſiſt with them, and [ordaines them to] report thair anfuers to the conditiouns and articles given to them in commiſſioun for tryall of the ſaid Erle. 1596. UNIVERSALL KIRK OF SCOTLAND. 897 Seſſio 7a. 5 Martii. The Articles for the trial of the Erle of Huntlie. Firſt, That the ſaid Erle, from the day of his compeirance befor the ſaids Commiſſioners, ſall make his conſtant and ordinarie reſidence in Aberdein, that he may be inſtrućtit be hearing of the Word, and ordinary conference, indureing the tyme appointit for the ſame. 2. That he be weill informit with knowledge to condiſcend on the prin- cipall grounds of religioun affirmativé, and the vntrueth of the errours contrair to the ſame; and that he be able to give a reaſon of his knowledge in ſome meaſure. 3. That he be brocht to a plaine acknowledging of the Kirk within this countrey, and profeſſe himſelfe adjoynit to the ſame, as ame obedient mem- ber therof, and be content to heare the Word, participat the ſacraments, and obey the diſcipline of the Kirk, as the ſame is preſentlie allowit be the Kings Majeſtie and Eſtates. 4. That he ſolemnlie promiſe, be word and wrytin band, to remove out of his houſe, companie, and haill bounds vnder his power, Jeſuits, Preiſts, and excommunicat perſons. 5. That he aggrie to ſweare and ſubſcryve the Confeſſioun of Faith in preſence of the haill Commiſſioners. 6. That he aggrie to ſatiſfie the Kirk of Aberdeine, in moſt humble manner, for his apoſtaſie, and ther renew the forſaids promiſes and bands in moſt ſolemne manner. 7. Anent the ſlaughter of the Erle of Murray, That he declare his greife and repentance for the ſame, and promiſe to make ane aflythment to the pairtie, quhen the ſame may be convenientlie acceptit of, and vtter his forſaid repentance and greife therin, at the tyme of his publick ſatiſfactioun forſaid. - 8. Forſameikle as be occaſioun of ſervice done to his Majeſtie in perfew- ing the ſaid Erle be force and vtherwayes, fundrie in theſe parts hes in- currit his diſpleaſure and deadlie feid, that he be content to remove all theſe occaſiouns with ſuch convenient diligence as the ſaids Commiſſioners ſall think expedient. 5 X 898 THE BOOKE OF THE 1596. 9. For declaratioun of his affald adjoyning with vs, that he be content at thair fichts, and advyce of his beſt diſpoſed freinds, to provyde ſufficient ſtipends for his kirks. 10. That he fall acknowledge his faults, quherfor he was [juſtly] excom- municat, and eſpecially the burning of Dunibirſlie, and [his] apoſtaſie. 11. That he fall have ane ordinar Miniſter reſident in his awin houſe continually :— - - With power to them to conveine the 22 day of March inſtant, or ſooner if they can poſſiblie, and to conferre with the Erle of Huntlie, and reſolve him of the Articles forſaids, and to report his mynd and reſolutioun anent the ſame at the nixt Generall Aſſemblie, to be haldin at Dundie the 10 day of May nixt to come. . . . . - - - Anent the ſupplicatioun givin in be Dame Elizabeth Oliphant, Countes of Angus, making mentioun, That quher diverſe and frequent futes hes bein made be herſelfe and the remanent freinds of William, ſometymes Erle of Angus, defyrand conference with certaine of the Miniſtrie, for his farther reſolutioun in the heids of Chriſtian Religioun, quhilk hes not tane fo good ane effect as was lookit for, be reaſon of certaine impediments quhilk hes fallin out in the meanetyme ; requeiſting, therfor, moſt earneſtly to appoint certaine of the wifeft brethren quher he maks his reſidence, to conferre and reſolve him of the doubts that ſtayes [him] from imbraceing of the true and Chriſtian Religioun publićtlie profeſt within this realme: The Aſſem- blie ordaines the Miniſtrie of Angus and Mernes to. conferre with the Erle of Angus anent fick doubts as he wald be, reſolvit vpon ; and ſpeci- allie to conferre with him anent the Articles, preceiding, quhervpon the Erle of Huntlie is ordainit to be tryed, exceptand only ſick as concernes the Erle of Murrayes ſlaughter; and to report his reſolutioun in the pre- miſſes to the nixt Generall Aſſemblie. - * * * * * Generall Aſſemblie preſentlie conveinit at Perth, beirand as fol. lowes: - t s . . . . . . Firſt, I offer to abyde any juſt tryall of the alledgit traffiqueing againſt the religioun preſentlie profeſt within this countrey, indureing my abſence 1596. UNIVERSALL KIRK OF SCOTLAND. 899 off the countrey, and to make all ſufficient purgatioun to gour Wiſdomes for the ſame. • . . - Farther, I offer all poſſible ſecuritie and catioun, in all tymes coming, nevir to traffique aganis the ſaid religioun, and that neither the ſaid re- ligioun nor diſcipline therof fall anywayes be hindred be me, bot have the ordinar courſe in my bounds, as in vther parts of the countrey. And to declare my willingnes to be reſolvit in the ſaid religioun, I am content to accept conference therin, and requyres the ſame at gour Wiſ- domes, quho hes the power, that ge will appoint ame or mae of gour num- ber indifferentlie, as they ſalbe requyrit of me in the parts quher I preſent- lie dwell, and hes the leaſure or occaſioun to reſort quher I ſall happin to be, to conferre with me vpon the haill contravertit heids, [that I may have inſtruction;] and if I ſalbe thereby movit, that the haill number of that Synod quher my reſidence is, will take the paines to conveine and meit me at ſome competent place, to hear and teſtifie of me. Indureing the quhilk tyme of conference, I fall no wayes reſpect any Jeſuit, Seminarie Prieſt, or excommunicat perſon. And if it fall happin that I be reſolvit in the heids of contraverfie, I fall wnfainedlie from my heart imbrace the ſaid religioun, and make publick con- feſſioun therof in tyme comeing, and fall make ſatiſfactioun for my defec- tioun from the ſame, as ſalbe injoynit. . . * * Laſtlie, Deſyris to be abſolvit, or at leaſt ſuſpendit, from the ſentence of excommunicatioun indureing the tyme of my conference; fo that none of my freinds that reſorts to me, and may be ſtedable to me be thair counſell, either in the ſaid conference or vthers my leiſum affairs, be troublit be gour cenſure therfor, bot may have gour licence to have acceſſe to me, and I to them, in quhatſoevir part of the countrey I fall reſort; lykeas I have ob- tainit his Majeſties licence and charge to gour Wiſdomes to give me con- ference; quhilk it may pleaſe gou receive, and doe accordingly as ge wold give me argument of gour good intentioun towards my converſion; quherof I doubt not ; and for the performing of the premiſſes fall find catioun and ſovertie. The Aſſemblie ordaines the Miniſtrie of Murray and Aberdeine, with the fyve Miniſters adjoynit to them, for conference with the Erle of Huntlie, to treat lykewayes with the [Erle of Erroll anent the premiſſes, and to report to the nixt Generall Aſſemblie quhat reſolutioun they find in. him concerning the Articles conteinit in thair commiſſioun direét for the #::::: 900 THE BOOKE OF THE 1596. tryall of the Erle of Huntlie; exceptand alwayes fick articles as concerns the ſlaughter of the Erle of Murray. Farther, The Aſſemblie ordaines theſe Commiſſioners grantit for con- ference with the ſaids Erles of Angus, Huntlie, and Erroll, to be extendit to the Lairds of Newtoun and Bonytoune, in cace they offer themſelves to ſatiſfie the Kirk. Attour, If it fall happin the ſaid excommunicat perſons, or any of them, to reſort or repare to any vther part within this realme, the Generall Aſ- ſemblie gives full power and commiſſioun to the Miniſtrie of the Preſbitries quher they fall chance to reſort, to treat and conferre with them anent the heids and articles above wrytin. Anent the ſupplicatioun givin in be Mr Johne Rutherfuird, defyreing the proces of his deprivatioun led be the Preſbitrie of Sanét Androes to be produceit, ſein, and confidderit be the Aſſemblie: The Aſſemblie ordaines the ſaid Preſbítrie to produce the ſaid proceſs at the nixt Generall Aſſem- blie, and ther to anſuer to the ſaid Mr Johne his complaint givin in againſt them. Certaine Petitiouns given in be the Miniſtrie preſentlie conveinit, [to be preſented] to the Kings Majeſtie. It is humblie craveit be this preſent Aſſemblie, that gour Majeſtie, with advyce of the Eſtates preſentlie conveinit, confiddering how it hes pleaſed God to give a good ſucceſſe to this preſent Conventioun, and that all things concludit herein tends to the peace and quyetnes of the haill Eſtate of this countrey, and the diffappointing of the expectatioun of the adver- ſaries, will, with advyce forſaids, publiſh be opin proclamatioun the good ſucceſſe of this preſent Conventioun, together with a declaratioun of gour Majeſties intentioun, vtterit be gourſelfe at this tyme in preſence of gour Eſtates, declaring gour good will to mantaine the true religioun preſentlie profeſt within gour countrey, the diſcipline adjoynit therto, and the Miniſ- ters to quhom the charge of the ſame is comittit; and to declare that gour Majeſties will is, that quhatſoevir law, ačt, or proclamatioun hes bein made, prejudiciall to the ſame, ſalbe eſteimit contrair to gour Majeſties meaning, and to have no force nor effect in no tyme heirafter ; and that mane of tº: jour fubie&ts pretend, be any colour therof, to trouble any of the ſaids 1596. UNIVERSALL KIRK OF SCOTLAND. 901 Miniſters, but that they wilbe vnder gour Majeſties protećtioun ; and that he will eſteime the contraveiners, troublers of gour eſtate, and puniſh them accordinglie. 2. That all Papiſts, Jeſuits, and excommunicats remaining within this countrey, be chargeit to paſſe aff the ſame, betuixt and the firſt of May nixt to come, or els to ſatiſfie the Kirk: and if they doe not the ſame befor the day appointit, that Sheriffis in ſhyres, Proveſts and Bailgies in townes, be commandit to apprehend and preſent them before his Majeſtie and Counſell, to be puniſchit according to the law ; and if they be negligent in apprehending them, that commiſſioun be givin to certaine moſt zealous and willing perſons to doe the ſame. 3. That it may pleaſe gour Majeſtie, according to gour accuſtomit cle- mencie, to relaxe preſentlie the Miniſters of Edinburgh from the horne, and ſuffer them [peaceablie] to returne and remaine within this realme; as alſo to releive and ſett at friedome fick gentlemen and profeſſours of re- ligioun as now are vnder challenge, ſeeing gour Majeſtie knowis that the love to religioun movit them to theſe things quherwith they are now burdenit. - 4. That ſeeing that Edenburgh has that honour to be cheife burgh in this countrey, and that place quherin religioun, ſince the beginning, hes bein moſt flouriſhing, and now are both deſtitute of thair awin Miniſters, and ficklyke callit, from tyme to tyme, before gour Majeſtie, quhilk is no ſmall greife to thair hearts, in reſpect that gour Majeſtie knowes the great- eft part of the haill towne are moſt willing to give gour Majeſtie all obe- dience, and to hazard lyfe and ſubſtance for gour Majeſties ſtanding, That it may pleaſe gour Majeſtie favourablie to deale with them according to gour accuſtomit gentlenes, that it may appeir that gour Majeſtie is more inclynit to ſhew favour to men that meanes [uprightlie] to gour Hienes then to Papiſts. We are movit to crave the ſame, that all gour ſubie&ts may fie a generall aggriement. 5. That it may pleaſe gour Majeſtie, ſeeing Mr David Black hes obeyit fick things as was injoynit to him, to give him libertie to returne to his flock; and ſicklyk to Mr John Welch and to Mr John Hewiſone. 6. Becauſe diverſe complaints of hurting and mutilating of Miniſters are givin in before vs, namely - We moſt humblie crave that gour Majeſtie wald take ſome ſubſtantiall ordour for puniſhing the offenders in example of all vthers heirafter. 902 THE BOOKE OF THE 1596. 7. That proviſion be made for planting of kirks, and that the augmenta- tiouns and planting of new kirks, made in anno 1595, be allowit. Follows his Majeſties Anſwers to the ſaid [Petitions and] Articles. The firſt article is grantit in ſubſtance. The ſecond is alſo grantit. As to the third, [and firſt part thereof, I concerning the Miniſters of Edenburgh, They are ordained to be relaxit vpon cautioun to be found be them to the Juſtice Clerk, that they fall vnderly the law. As to the gen- tlemen for quhom the Aſſemblie makes requeiſt, His Majeſtie thinks good that they, be the mediation of thair freinds, be ſuters for themſelves. And as to the fourth, touching the towne of Edenburgh, His Majeſtie mynds no wayes to trouble innocent men, bot ſick only as are guiltie, and mynds ſhortlie to be at point with them. Twitching the invaſioun of the Miniſters, a Commiſſioun is [ordainit to be] direétit for calling and puniſhing the offenders. Concerning the laſt article, his Majeſtie ordaines the Treaſurer, Mr James Elphingſtoun, the Clerk Regiſter, Mr Johne Preſtoun, and Mr Edward Bruce, to take ordour, afweill for the planting of kirks, as with the augmentatiouns quhilk were grantit anno 1595. 1596. UNIVERSALL KIRK OF SCOTLAND. 903 [The Kings Preface to the reader before the printed Queſtions, de- claring what was his intention in moving of ſo many queſtions anent the Diſcipline. The tenor whereof followeth. To the Reader. For as much as it is one of the principal points of the office of a Chriſ. tian King to ſee God rightly honoured in his land; for effectuating whereof it is neceſſar, that the Spiritual office bearers in the Kirk not only teach ſound doćtrine, concerning the points of ſalvation; but lykways obſerve a comely order in the Spiritual Policy agreeing with the Word of God, the loveable cuſtome of the primitive Kirk, and with the lawes of the countrey, and nature of the people, for repreſſing the vices, whereto they are chiefly inclined, as beſt may ſerve to eſtabliſh and maintain the purity of religion : Therefore it becomes every Chriſtian King, as fathers, nour- iſhers of the Kirk within their dominions, and revengers of the breaches of both the tables, to ſtrengthen and aſſiſt, be the concurrence of their civil ſword, the ſaid Spiritual office bearers in the due execution of their calling: and, on the other part, to compell them to exerciſe faithfully their office, ac- cording to the rule preſcribed to them be the Word of God; not ſuffering them to tranſgreſs the limits thereof in any fort : Wee, therefore, having had due confideration hereof, and perceiving not only a great liberty uſed in application of the doćtrine within our countrey, without any clear warrant of the Scripture as yet alledged, for proving of the ſame ; as alſo a great ob- ſcurity in divers points of Diſcipline and Policy of the Kirk; novelties daily creeping in ; the lawful authorities and warrants thereof not being as yet made manifeſt; have thought, comely following the loveable exemple of Chriſtian Emperours of the primitive Kirk, to conveen and aſſemble a Na- tional Council, as well of the Miniſtry, as of our Eſtates, and of all forts of men of deepeſt learning and greateſt ſincerity in religion; to be holden and to beginne to fit in our burgh of Perth the laſt of Februar next to 904 THE BOOKE OF THE 1596. come ; gravely to treat, reaſon, conſult, and determine, (according to the Word of God, as the only rule,) upon the clearing and diſtinguiſhing of the Spiritual Juriſdićtion, as well in the application of doćtrine, as in the whole Policie and Government of the Houſe of God. And to the effect that all men may come the better prepared to the ſaid Convention, being duely forewarned, and adviſed with the matters that then are to be traited on, Wee have thought good to ſet doun certain Articles thereof, in form of Queſtions, as hereafter followeth ; taking God, the ſearcher of all hearts, to record, that our intention in this, is no wayes to trouble the reſt and peace of the Kirk by thorny queſtions, or to claim any tyrannical and un- lawful government over the ſame, but only to ſee all ſuch troubleſome queſtions ſolved at this tyme; which, if they ſtill remained in doubt, might, either in our time, or in the time of our ſucceſſors, bread ſlanderous de- bates: and that the Policy of the Kirk be ſo cleared, as all corruptions may be weeded out of the ſame, and none ſuffered hereafter to creep in ; that thereby the glory of God may be advanced, all grounds of farther Queſ. tions betwixt us and the Miniſtry may be removed, and a pleaſant harmony and mutual concurrence between us may be eſtabliſhed, to the great comfort of all good men, and terrour of the wicked. C.] [The Queſtiouns proponed be the King, to be reſolved at the Con- ventioun of the Eſtaits and Generall Aſſemblie, appointed to be at brouche of Perthe, the laſt of Februar. Q. 1. May nocht the maters of the externall gubernation of the Kirk be diſputed, ſalua fide et religione. Q. 2. Is it the King feueralie, or the paſtorſeueralie, or bathe coniunét- lie, that ſould eſtabliſhe the Aétes anent the externall gouernment of the Kirk, or what is the form of thair coniumétion to mak lawes. Q. 3. Is nocht the conſent of the maiſt part of the flock, and alſo of the Patron, neceſſar in the eleētioun of the Paſtors. Q. 4. Is it laufull for the Paſtor to leaue his flock againſt thair willes, albeit he haue the conſent of the Preſbyterie; and for what cauſe ſould the Preſbyterie conſent therto. Q. 5. Is it lawfull for a Miniſter to vſe farder applicatioun nor that quhilk may edifie his awin flock; or is the haill warld the flock of euerie particular Paſtor. 1596. UNIVERSALL KIRK OF SCOTLAND. 905 Q. 6. Is he a laufull Paſtor, who wants impoſitionem manuum. Q. 7. Is it laufull to Paſtors to expreſs particular mens names, Coun- fallis, or Magiſtrats in pulpit, or ſo viulie to deſcryue tham, that the peiple may Vnderſtand whom be they mein, without notorius declarit vices and priuat admonitions preceiding. Q. 8. For quhilk vyces ſould admonitiones and reprouing of Magiſtrats pas publiétlie from pulpits in their abſence or preſence, reſpectiué. Q. 9. Is the application of doćtrine in pulpits lauchfull quhilk is foundit vpon informatiouns, bruits, and rumors, ſuſpitions, conditions gif this be and that be, probabilities, liklines or vnliklines in things to come in ciuill maters, quhilk all may be fals, and conſequentlie the doćtrine following thervpon ; or ſould all applicatioun be vpon the veritie of knawin and notorius vyces. Q. 10. Is the text, quhilk is read in the pulpits, the ground wherupon all the doćtrine ſould be buildit, or may all things be ſpokin vpon all texts, ſo that the reiding therof is bot a ceremonie. Q. 11. May a ſimple Paſtor exerceiſe anie iuriſdićtioun but conſent of the maiſt part of his particular ſeſſioun. Q. 12. Is nocht his ſeſſioun iudge to his doćtrine. Q. 13. Sould nocht the Moderator of the Seſſion be chofin yierlie of anie who has vot therin. - Q. 14. May the Seſſioun be laufullie eleēted by Miniſters onlie, but the conſent of the haill congregatioun, Q. 15. Why ſould nocht Eldars and Deacones of ilk particular Seſſioun be eleēted ad vitam. Q. 16. How manie Preſbyteries is meit to be in the haill countrie, in what places, and whow manie Paſtors of Kirk in ilk Preſbyterie. Q. 17. Sould nocht the Eldars and Deacons of ilk particular Seſſioun, haue vot in the Preſbyteries, or the Paſtors only. Q. 18. What is the maters of the iuriſdićtion of the Preſbyterie, quhilk may nocht be intreated in particular Seſſions. - Q. 19. What form of proceſs in libelling and citation, termes and dyattes, probation and pronuncing of the ſentence, ſould be vſit befor the particular Seſſiouns and Preſbyteries reſpectiué. Q. 20. What maters ſould the Synod intreat vpon, quhilk may nocht be decydit in the Preſbyteries. - - 5 Y 906 THE BOOKE OF THE - 1596. Q. 21. Sould nocht all wha hes vot in the Preſbyteries, and als in the particular Seſſions, have vot in the Synodall Aſſemblies. Q. 22. Sould ilk Vniuerſitie or ilk Collage, or ilk Maſter or Regent within ilk Collage, haue vot in the Preſbyteries or Synodals in the towns or countries whar they ar; and fic lyk, what form of vot ſould they haue in the Generall Aſſemblies. Q. 23. Is it leſum to conuocat the Generall Aſſemblie by his Maieſties licence, he being pius et Chriſtianus Magiſtratus. Q. 24. Is it neceſſar that the Generall Aſſemblie be ordinar, or onlie extraordinarlie conuened for waightie cauſes concerning the Kirk. Q. 25. Hes nocht all men of guid lerning and religion vot in the Gene- rall Aſſembly. Q. 26. Isilk particular Paſtor oblefit to repear to the Generall Aſſem- blie, or is it ſufficient that onlie Commiſſioners com fra ilk particular Seſ- fioun, Preſbyterie, or Synodall. Q. 27. Wha ſould chuſe the Commiſſionars to cum fra ilk ſchyre to vot in the Generall Aſſemblie. Q. 28. Quhat is the number of votters neceſſar to the lawfulnes of the Generall Aſſemblie, and whow manie of the haill number ſould be Paſtors, and how manie wther men. Q. 29. May anie thing be acted in the Aſſemblie to the quhilk his Ma- ieſtie conſents nocht. - Q. 30. Is it nocht expedient that the twa part of them, wha has ius ſuf- fragii, ſould conſent to anie thing decermit in eccleſfiaſticall iudgment, that matters pas nocht be a vot ma or les. Q. 31. Hes nocht ilk Iudgment inferior to the Generall Aſſemblie an territor limitat, outwith the quhilk they haue no powar of citation or iuriſ. dićtion. Q. 32. What is the ordinar eccleſiaſticall Iudgment to the diſcipline of his Maieſties houſhold and Counſall, remouable with his Maieſtie to anie part of the realme. Q. 33. Sould thair be libellit precepts conteining the cauſe of the cita- tion and certificatioun of the cenſures befor all eccleſiaſticall Iudgments, or onlie till anſwer ſuper inquirendis. . Q. 34. Hes the inferior Iudgment powar to ſummond to compeir befor anie ſuperior Judgment, or ſould men be ſummoned onlie be the authoritie of that Iudgment befor quhilk they ſould compeir. 1596. UNIVERSALL KIRK OF SCOTLAND. 907 Q. 35. Is it nocht neceſſar that priuat admonitionnes, with reaſonable interualles of tym, pas befor all maner of citationnes. Q. 36. What interualles of tym is neceſſar betwix priuat admonitioun, and betwix the laſt admonition and the firſt citation, and betwix the citation and the day of compeirance befor ilk an of the ſaid judgments. Q. 37. Whow manie citatiounes ſould infer contumacie. Q. 38. Is ſimple contumacie, but probation of a cryme, or is anie cryme but contumacie, ſufficient cauſe of excommunication. Q. 39. Is ther nocht diuers kynds of cenſures, fic as prohibitio priuati convićtus, interdićtio a coena, nocht publiſhed to the peiple; and laſt of all, publica traditio Satanae. Q. 40. Sould the Preſbyteries be iudges of all things that imports ſklan- der; and giffa be, wharof are they nocht indges. Q. 41. Can excommunication be vſed againſt theiffis, murderars, vſurars, or nocht peyars of thair dettes; and if ſa it may be, why ar nocht all Bordour and Hieland theiffis curſed ; as als all the manſwering merchants and occurrars amongs the burrowes. Q. 42. Is ther any appellation fra the inferiour to the ſuperior iudg- ment; and is nocht the ſentence ſuſpendit during the appellation. Q. 43. Sould nocht all proceſs and ačtes be extraćted to parties hauand intereſt. Q. 44. Is ſummar excommunication lauchfull in anie cace, but admoni- tiounes and citationnes preceiding. Q. 45. Hes anie wther nor the Paſtors of the Kirk vott in excommuni- cation. Q. 46. Hesilk eccleſiaſticall Iudgment a lik power to excommunicat. Q. 47. Is it lawfull till excommunicat fik Papiſts as profeſſit neuer our religion. Q. 48. A woman being excommunicat, hauing a faithfull houſband therefter, ſould he abſtein from hir companie. - Q. 49. Is it nocht reaſonable, that befor anie letters of horning be granted be the Seſſion vpon the proceſs of excommunication, that the partie ſould be ſummoned to heir tham granted. Q. 50. Hes nocht a Chriſtian King powar to annull an notorius iniuſt ſentence of excommunication. Q. 51. May anie Counſall or Vniuerſitie be excommunicat, for what cauſe, whom be, and maner therof. 908 THE BOOKE OF THE 1596. Q. 52. When the Paſtors does nocht thair dewtie, or when a iuriſdic- tion vſurpes aboue an viher, or anie vther ſchiſme falles out, ſould nocht a Chriſtian King mend fic diſorders. Q. 53. May faſtes, for generall cauſes, be proclamed be a Chriſtian Prince command. Q. 54. May onie eccleſiaſticall Iudgment compell a man to ſwear in ſuam turpitudinem. Q. 55. Sould ther onie thing be intreated in the eccleſiaſticall Iudgment, preiudiciall to the ciuill iuriſdićtion or priuat mens rights; and may nocht the ciuill Magiſtrat lauchfullie ſtay all fic procedings. [C. & Melvill's Diary.] [Inſtrućtions givin be the Synod of the Prouince of Fyff to the Com- miſſionars, to be chofine by euerie Preſbyterie within the ſaid Synod, to go to the Conventioun appointed be his Maieſtie at Perth : The quhilk the ſaid Synod ordeanit than and euerie an of than preceiflie to keipe. Firſt, Yie ſall ſchaw that yie are com for obedience to his Maieſtie, and nocht for that yie acknaw.lage that to be a lawfull Generall Aſſemblie, be reaſone it was nocht appointed be the laſt Generall, nor convocat be the advys of the Commiſſionars of the laſt Generall Aſſemblie, as hes bein the practiſe of the Kirk at all tymes befor within this realme, warranted be the Word of God and lawes of the countrey. Item, Yie fall ſchaw that yie may nocht condiſend in anie wayes to the reaſoning or putting in queſtioun the maters of the Polecie of the Kirk; becauſe the Generall Kirk of this realme, to quhilk yie ar ſubieót, hes alreadie determined the faming ; quhilk determinatioun yie haue alſo ſub- ſcryvit vnto, and man may call the ſam in dout, and put tham in reaſoning, but a Generall Aſſemblie: Therfor yie ſall deſyre his Maieſtie, in all hu- militie, for continuation of the reafſoning to the ordinar aſſigned Generall Aſſemblie, to be haldin at Sanét Androus the xxvi of Apryll mixtocome. Item, Gif na continuatioun can be obteined, and yie ar vrged to pro- ceide, yie fall proteſt for the liberties of the Kirk, and planlie diſaſſenting, keipe yourſelffs frie of euerie thing that ſalbe done theranent. Item, Becauſe the Conventioun is appointed be his Maieſtie onlie for the 1596. UNIVERSALL KIRK OF SCOTLAND. 909 queſtionnes, yie fall nocht mell in anie maner of way withe the receaving of Hountlie or vther excommunicats, or anie wther thing remitted from Synodall, or Preſbyteries, or properlie belanging to a Generall Aſſemblie. Item, In cais the brethring amang thamfelues, or his Maieſtie, or anie of his Counſall, enter in reaſoning with yow, or anie of yow in privat, that ye hauld faſt be thir generall grounds. 1. That the haill externall government of the Kirk mon be tean out of the Word of God. 2. That the ordinar Paſtors and Dočtors of the Kirk mon ſchaw the will of God out of his Word; and that onlie to be followed. 3. That the Paſtors and Dočtors of the Kirk of Scotland hes, with lang and graue deliberatioun, ſett down and conſtitut the haill externall diſci- pline and government of the Kirk; according to the quhilk it hes bein thir manie yeirs ſa happelie governit and rew.lit, that na hereſie, ſchiſme, or diſſentioun hes haid place therin vnto this houre; and that ther is nan beiring office in the Kirk, who calles the ſam in dout. It wald, therfor, pleis his Maieſtie nocht to ſuffer the rair and maiſt peaceable and decent conſtitutioun therof to be diſturbit be exagitating of fruićtles queſtionnes, mamlie at this tyme, quhen Papiſts preaffes, be that mean of diſputatioun namlie, to brangle and pervert all. Item, Yie fall trauell with the Miniſters, Barronnes, and Noblemen, that fall happin thair to be conveinit, that an vniform ſupplicatioun may be maid and giffen in for reſtoring of the Miniſters of Edinburche, and Mr Dauid Blak again to thair flockes; and behave yourſelves heirin, in the feir of God and loue of Chryſt and his kingdom, faithfullie and providentlie, with all dewtifull reuerence to the Kings Maieſtie. [.C. & Melvill's Diary.] [The Preſbytrie of Edinburgh being in jealouſy lykways of the Kings proceedings, limited their Commiſſioners in forme, as followeth. The form of Commiſſion givin to the Commiſſioners of the Preſbytrie of Edinburgh. For as much as his Majeſtie has appointed a Generall Aſſembly of the Miniſtry to conveen at Perth, the laſt of Februar inſtant; and to that effect, his Hienes has dire&ted letters miſſives to divers Preſbytries within this realme; and among others to the brethren of the Preſbytrie of Edinburgh, willing and deſiring them to addreſs two or three of the wifeft and moſt 910 THE BOOKE OF THE I596. diſcreet brethren of their number to the ſaid Aſſembly, againſt the ſaid day and place, inſtrućted with commiſſion, and their beſt advyce and opinion in matters touching the Policy of the Kirk, as the ſame bears: The bre- thren, therefore, of the ſaid Preſbytrie, to witneſs their humble obedience to his Majeſtie as to their Soveraign, have directed, lykeas be theſe pre- ſents direét, their well beloved Mr David Lindſay, Mr Patrick Galloway, John Duncanſom, Miniſters, with power to them to conveen and aſſemble themſelves with the Commiſſioners of other Preſbyteries, that ſhall happen there to be conveened, to hear and fee what fall be proponed anent the treating of the difference of the Civil and Eccleſiaſtical Judgements, and matters concerning the Policy of the Kirk, and external government there- of, and to report to them; but no wife to proceed in reaſoning, voting, or concluding any thing, which may be prejudicial to the Conſtitutions of the General Kirk, anent the ſaid matters; and to deal therein according to the inſtrućtions given in write, and no otherwiſe. To all which wee give the brethren foreſaid our power and commiſſion, promiſing to hold firm and ſtable &c. Subſcribed be the Clerk of the Preſbytrie. Inſtrućtions to the Brethren. 1. Ye ſhall ſhew, that ye are come for obedience to his Majeſtie, and not for that ye acknowledge this to be a lawfull Aſſembly, be reaſon it is not appointed be the laſt General, nor conveened be the Commiſſioners of the laſt General Aſſembly, as has been the pračtiſe of the Kirk, at all tymes before, in this country. º 2. Ye ſhall ſhew, that ye may not condeſcend any way to the reaſoning of the matters of the Policy, becauſe the General Aſſembly, to which ye are ſubjećt, has already determined the ſame ; which determinations ye have alſo ſubſcribed unto ; and none may call the ſame in doubt, or put them in reaſoning, but the General itſelf: Therefore ye ſhall deſire his Majeſtie, in all humility, for a continuation of the reaſoning till the ordi- nary Aſſembly, which is to be in Sanét Andrews, in the month of April next to come. t 3. If no continuation can be had, and ye be urged to proceed, ye ſhall proteſt for the liberties of the Kirk, and keep yourſelves always free of every thing, that ſhall be done thereanent. 1596. UNIVERSALL, KIRK OF SCOTLAND. 911 4. Becauſe this Aſſembly is conveened be his Majeſtie, only for thir differences, ye ſhall not medle in any manner with Huntlies receiving, or any other thing properly pertaining to the General. 5. Laſt, Ye ſhall travel with the Miniſtrie, Barons, and Noblemen, that ſhall happen there to be conveened, that an uniforme ſupplication may be made for reſtoring the Miniſters of Edinburgh to their flocks; and to behave yourſelves herein prudently, as accords. C.] 912 THE BOOKE OF THE 1597. [Upon the 27 of Aprile, Mr Robert Pont, Moderator of the laſt Gene- rall Aſſembly ordinar, went to Sanét Andrews of purpoſe to keep the dyet appointed be the laſt Generall. Few or none conveened, but ſome few Commiſſioners out of Lothian, Perth, Stirline, and out of the Synod of Fife. They conveened in the New College School, the place appointed for the ſaid Aſſembly. After in calling on the name of God, and humble confeſſion of the fins which had procured that deſolation, craved mercy, and fenced the Aſſembly. Notes and documents of proteſtation were taken for the liberty of the Kirk. All ſummonds, references, appellations were continued till the Aſſembly following. The exhortation of the Mo- derator was lykeways continued to that day. C.] 1597. UNIVERSALL KIRK OF SCOTLAND. 913 A. D. M. D.XCVII. The Generall Aſſemblie, halden at Dundie the 10 day of May 1597, in the Litle Kirk. Seſſio 1a. Exhortation beand made be Mr Robert Pont, laſt Moderatour, the bre- thren appointit on the leits Mrs Nicoll Dalgleiſh, James Melvill, Patrick Simfone, Patrick Sharp, Thomas Buchannan, Johne Porterfeild, Robert Rollock, James Balfour, David Ferguſone, and David Lindſay : be plu- ralitie of vottis Mr Robert Rollock was eleēted Moderatour hac vice. Seſſio 2a. Mr Thomas Nicolſone, and Johne Williamſone, Writer, beand put on leits for the Clerkſhip, vaikand be the deceis of Mr James Ritchie; be pluralitie of votis, Mr Thomas Nicolſome, Advocat, was chofin, ſworne, and admittit. Seſſio 3a. [Alſo it was ordainit, That at the penning of every Aét, there ſhould be certain diſcreit and wife brethren, with the Clerk, to ſee the Aćts formed; 5 Z 914 THE BOOKE OF THE 1597. of which number were Mr James Melvil and Mr James Nicolſon ; but when Mr James Melvil came to attend, they were commanded to come to the King with the minuts: So he got not acceſs again. It was alſo ordained, That all the A&ts ſhould be read in audience of the haill Aſſemblie, before the diſſolving of the ſame ; and therafter to be inbookit and regiſtrat. C. & B.] [It was ſhewed to the Aſſembly, how the Kings Articles paſt at Sanét Johnſtoun; but no remedy: Howbeit, a great number of the ſincereſt ſort did their part homeſtly. Mr John Davidſons letter to the Aſſembly was read in the third Seffion, the copy whereof followeth. Gal. 5. Stand faſt therefore in that liberty where with Chriſt has made us free ; and be not intangled again with the yock of bondage. As infirmity of body hindered my preſence from this Aſſembly, (Rever- end and loving brethren,) ſo ſtraitneſs of time ſuffereth me not to fupply my abſence be writt, as I would : yet feeing duty craved ſomewhat in this cafe, at ſo neceſſary a tyme, I abridged a few things to call to your godly rememberance; beſeeking you all to take them in good part, as they come of a loving mind to Chriſts cauſe and weale to his Kirk. It is not un- known to you, (dear brethren,) that the unity and the liberty in the fin- cerity of doćtrine, has been, and is to this day, the roſe garland of the Kirk of Scotland; and that the preſervation of this unity and liberty in doc- trime, come of the agreement in the liberty of the execution of diſcipline, which has been the hedge and bulwark, as it were, to the doćtrine hither- to : Therefore the invaſion of the freedom of diſcipline cannot be without enſueing danger to the liberty and unity of doćtrine, no more than Edin- burgh can be long free of fear of perrill, if invaſion of the borders be not refifted at the borders. And it may well be thought, that the preſervation of the liberty and unity in diſcipline, was ſaved be the wiſe wearing off thornie queſtions thereanent, by wiſe forefight of our worthie fathers and brethren, who ranged the queſtions in the General Aſſembly to allow the tyme and place therof, that the heat therof ſhould not burſt out at the be- ginning, and ſo diſturb the whole aétion. Befides this, theſe queſtions 1597. UNIVERSALL KIRK OF SCOTLAND. 915 were limited to come by degrees from other inferior Aſſemblies, who were not able to ſolve them; and not to break in at the broad ſide. And laſt, if they were queſtiouns of weight, they were remitted from one Aſſembly, to be ripely adviſed on by the brethren, to the nixt Affembly, for avoiding of contention and raſh concluſions. Which good cuſtome, if it had not been keeped, our liberty and unity could not have ſtood, as two loving fiſters, to this day; for where queſtions get over great liberty, godly edifying is ex- cluded, as miſerable experience teacheth among the Popiſh ſchoolmen. They breed ſtrife, as the Apoſtle writes; and the beginning of ſtrife is, as one that openeth waters : wherefor, ere contention beginne, let us leave of, as Solomon faith. Neither is it about mere externall things, or alterable, as men ſpeak, that the chief queſtion is now a day; howbeit, queſtions, even in theſe matters, as is ſaid, are warrilie to be admitted; for as that ancient Father gives out, Facilius eſt conſtituta labefaétare, quam labefaétata in priſ. tinum ſtatum reducere: But it is about a ſubſtantiall part of doćtrine, to wit, rebuke of vice, and that manifeſt, open, and obſtinat vice, that groweth to ſuch great hight, as it would be licentiat be lawes, with impriſonment and bondage of the liberty of the truth, as all that are not wilfully blind, may eaſily fee; for the which truth, and liberty therof, wee are bound to ſtrive: Therefore, let us ſtand faſt in that liberty, wherewith Chriſt, in that caſe, has made us free above all nations; and let us not agree with men in theſe things, quae concordiam prorſus excludunt. Nefarie quidem impie- que concordes erant, qui turrim extruebant. Nanzianzenus. And let li- bido movandi circa eccleſiam be far, at the left, from ourſelves of the Miniſ- try; as in ſenſe the ſame Author hath. Many things hath our Kirk need of at this time, meeter to be handled, than ſuch queſtions. Neither has our Prince, (God be praiſed,) occaſion to conveen us, for making agreement and concord among us, as the good Emperours had. And as for things to be reformed for the well of the Kirk, I hear no word of them. I pray, Satan's drift be not to break our agreement, that hath ſtood ſo long in Chriſt: For it is delivered be an ancient Father in this ſenſe, Nam tyranni Eccleſiam inſe&tando, firmiorem etiam ipſam reddiderunt, &c. Quod cum verſipellis ille animadvertiffet, aliam fraudem excogitavit, inimicitiaſque et funeſta difidia inter duces (Antiſtites) ipſos excitavit. And Baſil giving the cauſe of this plague, writeth in this ſenſe, Diſſentio multorum contra mul- tos ex eo contingit, quod indignos nos ipſos gubernatione et moderamine Domini conſtituimus. Wherfor, brethren, let us ſtand faſt in our Chriſtian 916 THE BOOKE OF THE 1597. liberty and unity, et abſit, ut inter nos triſti contentione (as one writes) decertemus. But if the tyme be come, that the ſentence of the Apoſtle is to be performed, Oportet enim, etiam haereſes inter vos effe, we doubt not but, Qui probati ſunt, manifeſti fient inter nos. And if any ačt ſhall paſs (as God forbid) in contraire anie jote of your Chriſtian liberty, agreable to Gods word, and the laws of the realme, I, in my own name, and the reſt of Chryſts faithfull Meſſengers within this realm, will ſtand, be Gods grace, to the proteſtation made verbaly be me, in his Majeſties preſence, at the laſt General Aſſembly holden at Edinburgh : for it will not be the new cords of the Philiſtins, that will keep Sampſon bound. Howbeit Moſes would not leave behind him ne ungulam quidem, he was not for that a ſhiſmatick. And Elias was no troubler of Iſrael. Haec, opaques aev aws ral anabws. Yet I truſt the good brethren will take my ſimple mean- ing in good part. Farewell, good brethren: and the good Spirit of the Lord be preſident among yow. Amen. From Saltpreſtoun, the 8th of May 1597. Your loving brother in Chriſt, JoHN DAVIDson. My ſimple advice is, if any grant of abſolving from excommunication be made, as I know no cauſe yet why ; yet if others know, that they get annum probationis injoymed to them before they be admit- ted to Court, or have acceſs to fit at the helme: for though they have Jacobs voice, yet I fear, Eſaues hands. But it is objećted, that this matter will be troubleſome to us, if we ſtand to it : Anſwer, It is a new doćtrine to ſay, That Chriſtians be without a croſs. Seſſio 4a. Anent the ſupplicatioun givin in be the Laird of Wachtoun, and Glen- magies, defyrand a command to be givin to Mr William Murray, Miniſ. ter at Dyfert, to ſett in tak and aſſedatioun to them or thair tennents thair teynds of thair awin lands, lyand within the parochin of Dyfert; or els, for eſchewing of farder danger, to retaine the ſaids teinds in his awin hand: The Aſſemblie ordaines the ſaid Mr William to retaine the ſaids 1597. UNIVERSALL KIRK OF SCOTLAND. 917 teinds in his awin hand; diſcharging him of all ſetting of the ſame to any perſon quhatſumevir, vnder the paines conteinit in the aëts of the Generall Aſſemblie. Anent the ſupplicatioun givin in be the Preſbytrie of Dumbartan, de- ſyrand, in reſpect of the fewnes of thair number, that certaine of the Preſ- bytrie of Paiſlay might be adjoynit to them, to the effect they might be the more able to awaite vpon the commoun affaires, pertaining to the glory of God and weill of the Kirk: The Aſſemblie ordaines a commiſſioun to be direét for viſitatioun of the haill Preſbytries within the bounds of Clids- daill, Ranfrew, and Lennox, with power to them to confidder how many Preſbytries ſalbe neceſſar within the ſaids bounds, and to ſett downe a ſolid ordour theranent. Anent the complaint givin in be the Preſbytrie of Brechin aganis Mr Dowgall Campbell, Miniſter of Fernewell, for his obſtinacie in refuſeing to pronounce the ſentence of excommunication aganis Patrick Butter at com- mand of the ſaid Preſbytrie, he being Moderatour thereof for the tyme; for the quhilk they had ſuſpendit him from preiching the Word vnto this Aſſemblie: The Generall Aſſemblie ratifies and allowes the ſaid ſuſpen- fioun. Seſſio 6a. The brethren of the Preſbytries of Murray, Aberdein, and Mernes, with the vther brethren joynit with them in commiſſioun joyntlie, reſpectivé ap- pointit be the laſt Generall Aſſemblie haldin at Perth, for tryall of the obe- dience of the Erles of Angus, Huntlie, and Erroll, to the particular in- junétiouns ſett downe be the ſaid Aſſemblie, and injoinit to them for de- claratioun of thair repentance, being deſyrit be the Generall Aſſemblie to report what reſolutioun they fand in the ſaids Lords, tuiching ſick articles and conditiouns as were ſett downe in the ſaid commiſſioun, They being preſent befor the haill Aſſemblie teſtified and declared, that they fand them obedient and willing to ſatiſfie in all humble manner, and perſevering and continuing in thair earneſt fute for reconciliation with the Kirk : And as concerning the ſaids articles and conditiouns, quhervpon the ſaids Com- miſſioners were ordainit to have tryed and reſolvit them, the ſaids Com- miſſioners, every ane for thair awin parts reſpectivé, produceit the ſaid ar- 918 THE BOOKE OF THE 1597. ticles and conditiouns, with full anſuers to every ane of them particularlie fubſequent made be the ſaids Lords, offering to acquieſce to the ſaids con- ditiouns, and to fulfill the ſame : And for more declaratioun of thair con- ſents therto, the ſaids articles and anſuers therto particularly following every ane of them were ſubſcryvit ſeverally be the ſaids Lords, in ſigne and tokin of thair embraceing therof, as followes : The Erle of Huntlies anſuers to the Articles. The firſt is obeyit : For he compeirit [at Aberdeen] the 22 of Marche ap- pointit to him, and ther abode, [waiting] on doćtrine and conference, till the Commiſſioners were ſatiſfied with his reſolutioun ; and ſo the conference endit. 2. The brethren appointit to deale with him, brocht him, after lang con- ference, to confeſſe [the verity of the haill grounds of religioun affirmativé; reſolvit his doubts be the Word of God; and moveit him with know- ledge to refuſe and deteſt all heids of Papiſtrie contrair to the ſame. 3. He acknowledges the Reformit Kirk of Scotland to be the true Kirk: he is ready to joyne himſelfe efaldlie therto, acknowledging himſelfe a member therof, ſubmitting himſelfe to the ſame ; will heare the Word, and obey the ſame be the grace of God; participat the ſacraments; and obey the haill diſcipline [of the Kirk, as it is allowit be the Kings Majeſtie and Eſtates. - 4. He is readie to ſweare and ſubſcrive the Confeſſioun of Faith in pre- ſence of the haill Commiſſioners, ſo foone as they ſall come back with power to pronounce his abſolutioun. 5. In fignificatioun of his obedience to the articles, he hes declarit to the haill commiſſioners, that fen he entrit in dealing with the Kirk, he never intercommunit be word or wryte with any Jeſuite, Prieſt, or excommu- nicat Papiſt, except ſo many as are vnder conference with the Kirk; and is content to abyde thereat in all tymes coming : Sicklyke he is content to give his wrytin band, that he fall baniſch and expell out of his [company and] haill bounds all Jeſuites and Seminarie Preiſts, and fall expell there- from all excommunicat Papiſts, except ſuch as fall have licence from the Kirk and Kings Majeſtie : and, finallie, that none fall have recept be his 1597. UNIVERSALL KIRK OF SCOTLAND. 919 knowledge, in the places of his commandement, that are profeſt enemies to the religioun. 6. He is content now, or heirafter, to ſatiſfie for his apoſtafie, in the place appointit, at the diſcretioun of the ſaids Commiſſioners; and then to ratifie the forſaids premiſſes. 7. He declares his vnfained greife for the ſlaughter of the Erle of Mur- ray, and will ſatiſfie the pairtie at the pleaſure of the Kings Majeſtie, the Kirk, or of godlie and indifferent freinds, will make offers to that effect; lykeas he hes given a blank to his Majeſtie to be fillit vp with particular aflythment, and that after his abſolutioun. 8. He promiſes now, or heirafter, to crave of God mercie for the ſaid ſlaughter, quhen, quher, or how the Kirks Commiſſioners ſall appoint. 9. At the deſyre of the ſaids Commiſſioners, he preſentlie remitts all rancour and malice conceivit be him, for any occaſioun or deid offerit to him be the countreymen in the Kings ſervice; and promitts, vpon his fide- litie, nevir to quarrell any for the ſame that are within thir bounds, and ſpeciallie none of the Miniſtrie either north or ſouth. 10. He aggries, that at the ficht of the Miniſters Mrs David Cunighame, Alexander Dowglaſs, George Glaidſtances, and of his freinds Pitlurge, Clunie fall ſett downe ane ordeur for pro- viſioun of his kirks, quhilk he promiſes to execute immediatlie after his abſolutioun, 11. Be advyce of the ſaids Commiſſioners, he promitts to take a Miniſter, and intertaine him in his awin houſe. 12. He confeſſes, that be his publick offences he gave ſufficient matter to the Kirk to have deduceit the ſentence of excommunicatioun aganis him. Sic ſubſcribitur, HUNTLIE. The Erle of Errolls anſuers to the Articles. 1. The firſt is obeyit: For he having ſufficientlie excuſeit his abſence fra the firſt dyett, the 27 of Marche, came to Aberdein, the ſyſt of Aprile, quher the Commiſſioners appointit him to reſort to Aberdein, about the 20 day of Apryle, to have conference with ſuch of thair number as they ap- pointit to meit him ther; quhilk he did, comeing in the towne the 20 of 920 THE BOOKE OF THE 1597. Apryle, and ther abode, reſorting to publick doćtrine and conference till the Commiſſioners were ſatiſfied with his reſolutioun ; and ſo the confer- ence was endit. 2. The brethren appointit to deale with him, after long reaſoning, brocht him to confeſſe the veritie and whole grounds of religioun affirma- tive, reſolvit his doubts be the Word of God, and ancient Dočtours; and movit him, with knowledge, to refuſe all heids of errour in Papiſtrie, con- trair to the ſame. - 3. He acknowledgis the reformit Kirk of Scotland to be the true Kirk. He is ready to joyne himſelfe therto, and profeſſes himſelfe a member therof; will heare the Word, obey the ſame be the grace of God, partici- pat the ſacraments; and obey the haill diſcipline of the Kirk, as it is ac- knowledgit preſentlie be the Kings Majeſtie and Eſtates. 4. He ſolemnlie promiſes and offers his wrytin band, that lykeas, fen his promiſe, and entring in conference with the Kirk, he never intercommu- nit with Jeſuits, Preiſts, or excommunicat perſons, except fick as are deal- ing with the Kirk, ſwa to keip in all tymes comeing ; and that he fall ban- iſch out of his companie and bounds all Jeſuites, Prieſts; and fall expell therfra all excommunicat Papiſts, except fick as fall have licence fra the Kirk and Kings Majeſtie; and, finallie, that none fall have receipt in his bounds that are profeſt enemies to the Kirk, be his knowledge. 5. He is readie to ſweare and ſubſcrive the Confeſſion of Faith, in pre- fence of the haill Commiſſioners, ſo ſoon as they fall come back from the nixt Generall Aſſemblie, with power to pronounce his abſolutioun. 6. He is content to ſatiſfie for his apoſtaſie in the place appointit, and ther to ratifie the forſaids premiſſes. 7. At the deſyre of the ſaids Commiſſioners, he preſentlie remitts all rankour and malice conceivit be him, for any occaſioun or deid offerit to him be the countrey men in the Kings ſervice; and promitts, vpon his fidelitie, never to quarrell any for the ſame, ſpecially none of the Miniſtrie, fouth or north. 8. He aggries, that ſuch as of the Miniſtrie falbe appointit, with ſuch freinds [as he fall appoint,J ſett downe quhat fall be his part for planting of the kirks within his bounds; quhilk he promiſes to execute after his abſolutioun. 9. Be the advyce of the Commiſſioners, he is content to take a Miniſter, and intertaine him in his houſe. 1597. UNIVERSALL KIRK OF SCOTLAND. 921 10. He confeſſes, that he gave ſufficient matter to the Kirk to denunce the ſentence of excommunication aganis him. Sic ſubſcribitur, ERROLL. The Erle of Angus anſuers to the Articles. 1. He being callit befor vs, it was injoynit to him to remaine at Barras in the parochin of Kynneft, and ther awaite vpon the heiring of the doc- trine in that his paroch kirk; and vpon conference at ſuch tymes [and places] as was appointit in Conveth and Aberbuthnot kirks; quhilk he hes faithfullie keipit and obſervit untill his reſolutioun was obteinit. 2. After we had reaſonit and conferrit with him in many of the contra- vertit heids of religioun, be the Scriptures, and ancient Dočtours, he ſatiſ- fied vs affirmativá and negativé. 3. He acknowledgit the Kirk of Scotland to be the true Kirk, and is ready to joyne himſelfe therto, and profeſſe him to be a member thereof, will heare the Word, participat the ſacraments, and obey the haill diſcipline of the Kirk, as it is allowit preſentlie be his Majeſtie and Eſtates. 4. He ſolemnlie promiſes be his word and wrytin band, to remove foorth of his haill companie and bounds, Jeſuites and excommunicat perſons; lykeas he hes done ſince the Commiſſioners nominat thir articles to him. 5. He defyres the Commiſſioners to get a power to abſolve him, and immediately therafter, he fall ſweare and ſubſcrive the Confeſſioun of Faith. 6. He is content to ſatiſfie for his apoſtaſie in his awin paroch kirk, and ther to ratifie his forſaid promiſes. 7. He vnderſtands none of the countrey to have incurrit his wrath or deadly feid for perſewing him in his Majeſties ſervice, quhilk he proteſts befor God; that he nevir meanit to harme any man for giving obedience to his Majeſties lawis, quhilk if he had done, he ſould rather have made mends nor [have] forgivin; and if any in particular will complaine, he will ſatiſfie this article, albeit, in very trueth, as all the countrey knowis, he hes ſuſtained great loſs, quhilk he hes the Kirk to meane, in moſt humble man- ner, to his Majeſtie, as the Commiſſioners will declare at more length. 8. He is content at the ficht of the Commiſſioners, and his beſt advyfit freinds, to provyde ſtipends for his kirks, how ſoone he ſalbe abſolvit and reſtoreit to his living. 6 A 922 THE BOOKE OF THE 1597. 9. He will moſt willingly take a Miniſter and intertaine him at his awin houſe, be the advyce of the Commiſſioners. 10. He confeſſes, that he deſerved to be excommunicat. Sic ſubſcribitur, ANGUS. The quhilk report made be the ſaids Commiſſioners, in diſcharging of thair forſaid commiſſioun, the Generall Aſſemblie preſentlie conveinit, ra- tifies and allowis, as aggrieable and anſuerable to the ordinance of the laſt Aſſemblie, haldin at Perth, in all poynts: and therfor ordaines the ſaids Commiſſioners reſpectivé, to proceid farther with the ſaids Erles in the ſaid matter, and to receive a ſatiſfactioun of ſick things as are promiſed be them in the ſaids conditiouns, and to crave the preſent accompliſhment therof, ſo farre as poſſiblie can be done. They are to ſay, That as they, in thair anfuer, hes allowit and ſubſcryvit, ſa that they preſentlie confeſſe the veritie of the haill grounds of our religioun affirma- tivé ; and with ſome meaſure of knowledge, refuſe and deteſt all heids of Papiſtrie, contrair to the ſame. That they acknowledge the Reformit Kirk of Scotland to be the true Kirk; that they effaldlie joyne themſelves, and acknowledge themſelves members therof, ſubmitting them to the ſamé ; and ſalbe readie, at all occa- fiouns, to heare the Word, and obey the ſame, participat the ſacraments, and obey the haill diſcipline of the Kirk, as it is allowit be his Majeſtie and Eſtates. That, befor thair abſolutioun, they ſweare ſolemnlie and ſubſcrive the Confeſſioun of the Faith, in preſence of the haill Commiſſioners. That as they have teſtified be thair writt, even ſo be thair band they promiſe to remove out of thair companie, in all tyme comeing, all Jeſuites, Preiſts, and excommunicat Papiſts, except ſick as ſalbe licentiat be the Kirk That, at the time of thair abſolutioun, they ſatiſfie in moſt humble man- mer in the kirks of Aberdein and for thair former apoſtaſie, and ther ratifie theſe thair promiſes in moſt ſolemne manner. That the Erle of Huntlie, befor his abſolutioun, aſk God mercie for the Erle of Murrays ſlaughter, and declare his penitence for the ſame. And becauſe thair Lordſhips hes promiſed never to quarrell any Gentle- men of the countrey, that hes perfewit or wtherwayes troublet them, and 1597. UNIVERSALL KIRK OF SCOTLAND. 923 therby incurrit thair wrath in his Majeſties ſervice, and at his Hienes com- mandement: Therfor, to the effect the fruites therof may more evidently appeir, that thair Lordſhips faithfullie promiſe, that lykeas thair ſonnes hes already obtainit, or at the leiſt is to obtaine of his Majeſtie, of frie grace and meere donatioun, the gift of thair foirfaultries; evin ſo the gentlemen in the countrey, that are vaſſalls to them, and hes incurrit the lyke [fen- tence of 1 foirfaltour, and perrillit thair lands, not through thair awin evill demerit, bot be reaſon they were vaſſalls to them, may receive and obtaine of thair Lordſhips, the lyke grace as is impairtit vnto them be thair Sove- raigne: and as his Majeſtie grantit a benefite to them, who had offendit, evin ſo thair Lordſhips vaſſalls be not trublit for any compoſitioun of thair lands, quhilk, not be thair fault, bot throw thair Lordſhips failzie, were in- dangerit and holdin in none entrie; and that thair Lordſhips renew the promiſe of remitting all rancour and malice of heart againſt the ſaid gentlemen. - And as to the proviſioun of Kirks quhilk pertaines to [ilk ane of I the ſaid Erles reſpective, that [they, at the advyce of thair beſt affectionat freinds and the ſaids Commiſſioners, ſett downe ane ſolid ordour, how the Miniſtrie may be plantit and honeſtlie ſuſtainit at the ſame ; quhilk they fall ratifie and approve, and put in executioun immediatelie after thair ab- ſolutioun. That, be the advyce of the Commiſſioners, they make choiſe of a Miniſ- ter, quho ſalbe intertainit in thair houſe for inſtrućting of the ſame. That they renew the confeſſioun of thair fins, acknowledging that they were juſtlie excommunicat for the ſame. And to the effect that all ſlander may be removit from the Erle of Huntlie, and ſpeciallie that quhilk did ariſe vpon the ſlaughter of Mr William Mure, quhilk was committit dureing his Lordſhips remaining in Aberdein, that his Lordſhip provyde ſick remeid, that the poore woman, mother to the ſaid Mr William, may be ſatiſfied; and fick affythment made, alſweill for him as her huſbands ſlaughter, as the Commiſſioners fall think expedient. With power to the ſaids Commiſſioners, after the accompliſhment of the premiſſes, to abſolve the ſaids Erles from the ſentence of excommunicatioun, and receive them again in the boſome of the Kirk. 924 - THE BOOKE OF THE . 1597. Seſſio 7a. 14 Maij. Anent the Articles givin in be his Majeſtie in the laſt Aſſemblie haldim at Perth, the deciſioun and anſuering quherof was referrit be the ſaid Aſ- ſemblie, to be reaſonit and intreatit be certaine Commiſſioners, and ther- after to be concludit in this Aſſemblie ; and anent the declaratioun of cer- taine acts made in the ſaid Aſſemblie haldin at Perth, for ſatiſfactioun of ſuch as were not preſent at that tyme, nor acquaintif therwith : The ſaids articles and queſtions being reaſonit and vottit in face of the haill Aſſem- blie, his Majeſtie being preſent for the tyme, theſe declaratiouns and con- cluſiouns after following were ſett downe and concludit be the ſaid Aſſem- blie, as followis. Notes in forme of declaratioun of certaine of the A&ts made in the Generall Aſſemblie haldin at Perth in Februar laſt by paſt, for ex- plaining of his Majeſties and the Aſſemblies meaning, for the ſatiſ. fačtioun of ſuch as then were not acquaint therwith : quhilk are ordainit to be regiſtrat in the Aéts of this preſent Aſſemblie. Firſt, Anent the lawfulnes of the ſaid Aſſemblie haldin at Perth : It is declairit be this preſent Aſſemblie, that one of the reaſons moving the brethren to acknowledge the lawfulnes of the ſaid Aſſemblie, was found to have bein, that the Commiſſioners of the Kirk accordit with his Majeſtie theranent, as is expreſilie ſett doune in his Majeſties letter. Item, The reaſon moving the Aſſembly to grant the more willinglie to the 2 Article concerning the reproving of his Majeſties laws, was this; his Majeſties earneſt and conſtant affectioun to the religioun, and obedience to the Word, was evidentlie knawin to the haill Aſſemblie ; and that it was his Majeſties declarit will and intentioun, alwayes to frame his laws and whole government according to the ſame; for the quhilk cauſes the Aſſem- blie aggried to the ſaid article. . Anent the Article ordaining that no mans name be expreſt in pulpitt, except in motorious crymes, &c.: The point of notorietie is farder defyned, [If the cryme] be ſo manifeſt and knowin to the world, ut nulla tergiver- ſatione celari poſſit. * Anent the Article ordaining, that no conventioun of Paſtours be without 1597. UNIVERSALL KIRK OF SCOTLAND. 925 his Majeſties knowledge and conſent: His Majeſties conſent is declarit to be extendit to all and quhatſoevir forme either of Generall [Aſſembly, or ſpeciall Synodall, permittit and authorizit be his Hienes lawis, according as they have warrand in the Word of God, as being the moſt authentick forme of conſent that any king can give. Anent the Article concerning proviſioun of Paſtours to burrowes : It is declarit that the reaſon therof was and is, that his Majeſtie was content, and promiſed, that quher the Generall Aſſemblie finds it neceſſar to place any perſon or perſons in any of the ſaids townes, his Majeſtie and the flock fall either give thair conſent therto ; or els a ſufficient reaſon of the re- fuiſall to be proponit either to the haill Aſſemblie, or to a competent number of the Commiſſioners therof, as his Majeſtie fall think expedient. Anſuers to the reſt of his Majeſties Queſtiouns, according as they Were proponit be his Hienes and his Commiſſioners in the preſent Aſ. ſemblie. Firſt, Anent the propoſitioun movit be his Majeſtie to the Aſſemblie, craving that befor the concluſioun of any weghtie matters concerning the eſtate of his Hienes or of his ſubie&ts, his Majeſties advyce and approbatioun be cravit therto, that the ſame being approvit be his Majeſtie, may have the better executioun, and, if neid beis, be authorizit be his Hienes lawis: The Aſſemblie craves moſt humblie, that his Majeſtie, either be himſelfe or his Hienes Commiſſioners, in matters concerning his Majeſties eſtate, or the haill eſtate of his ſubieóts, and vthers of great wecht and importance, that hes not bein treattit of before, wald give his advyce and approbatioun therto, before any finall concluſioun of the ſame : and, for the better obe- dience to be given to ſuch lyke ſtatutes in all tyme comeing, that his Ma- jeſtie wald ratifie the ſame, either be act of his Hienes Parliament, or Se- creit Counſell, as ſalbe thocht neidfull: The quhilk his Majeſtie promiſed to doe, according to his Hienes propoſitioun, quhilk was acceptit and allowit of the haill Aſſemblie. The Aſſemblie ordaines, that there be ane vniformitie in the ordinatioun of the Miniſtrie throughout the haill countrey, impoſitioun of hands; and that they be admittit to certaine flocks, vpon the quhilk they ſalbe aſtrićted to attend, according to the A6ts of the Aſſemblies made of befor; and or- daines that none, that are admittit to the Miniſtrie, be promovit to teach 926 THE BOOKE OF THE 1597. in publick and great rowmes, except vpon very vrgent neceſſitie, in defect of ačtuall Miniſters, they be ordainit to ſupply ſick wants be the Preſbytries, Synodall or Generall Aſſemblies, quho fall tak diligent ordour that they keip themſelves within the bounds of thair gift, and ſpeciallie in appli- catioun. t That no Paſtour exerciſe any juriſdićtioun, either in making of conſtitu- tiouns, or leading of proceſſes, without the advyce and concurrence of Seffioun, Preſbytrie, Provinciall or Generall Aſſemblie. That all Seſſiouns be eleētit with conſent of thair awin congregatiouns. That all Seſſiouns, Preſbytries, and Provincialls, vſe fick forme in all thair proceſſes as may be found laufull and formall, and able to abyde tryall ; the quhilkis ſalbe regiſtrat in matters of importance : and, to that effect, ordaines the proceidings of privat Seſſiouns to be fightit at Preſby- tries; and the proceidings of Preſbytries at Provinciall Aſſemblies; and the proceidings of the Provinciall at Generall Aſſemblies. The Aſſemblie ordaines, that in the exerciſes, quhen the Miniſters are conveinit at thair Preſbytries, no applicatioun be vſed. That in the determinatioun of matters of importance, quher the vottis ſalbe only different [vpon] two or thrie, that nothing be concludit therin till better reſolutioun ; and that, in ſuch difference, he that gives the nega- tive with his vote, fall give rationem negandi. The Aſſemblie ordaines the Preſbytries to meddle with nothing in thair judicatour, quhilk fall not be found, but contraverfie, proper to the Eccle- fiaſtick judgement; and that heirin ane vniformitie be keipit throughout the haill countrey. That all proceſſes and ačts be extractit to parties having intereſs, quher is ame wrytin proceſſe. The Aſſemblie ſuperſeids to anſuer the article tuiching ſummar excom- municatioun quhill the nixt Generall Aſſemblie; and in the meane tyme ſuſpends all ſummar excommunicatioun : alwayes, in great crymes, the Aſſemblie ordaines a publićt intimatioun therof to be made, and the com- mitter therof to be ſuſpendit a ſacris, and prohibited a privato convićtu. If any Preſbytrie ſalbe deſyrit be his Majeſties miſfive to ſtay the proceid- ing of any thing prejudiciall to the civill juriſdićtioun or privat mens rights, It is ordainit, that the ſaid Preſbytrie fall defift in the ſaid matter, vntill they ſend to his Majeſtie for ſatiſfactioun theranent. - 1597. UNIVERSALL KIRK OF SCOTLAND. 927 Seſſio 8a. 16 Maij. Becauſe fundrie ſlanders riſes, through the diſſordour of reidears, be bap- tizeing of bairnes gottin in adulterie and fornicatioun, befor ſatiſfactioun made by the offenders; and celebrating of vnlawfull marriages: The Aſſemblie ſtatutes and ordaines, that no Reidar miniſter the ſacrament of baptiſme in any way, in all tymes coming ; and that they preſume not to celebrate the bands of marriage without ſpeciall command of the Miniſter of the Kirk; and in cace ther be no Miniſter therat, of the Preſbytrie, had to that effect: and ordaines every Preſbytrie to cauſe this ačt to be intimat at every paroch kirk, that none pretend ignorance heirof in any tyme coming. Seſſio 9°. 16 Maj. The quhilk day, in preſence of the haill Aſſemblie, the Kings Majeſtie being perſonally preſent, declarit, that [ſeeing, I through the ſhortnes of tyme, ther were fundrie matters of weght and importance, not only con- cerning particular flocks, bot quhilk did in ſpeciall tuitch the haill eſtate and body of the Kirk, quhilk could not be commodiouſlie intreatit and con- cludit in this preſent Aſſemblie; as namelie, twitching both the planting of particular congregatiouns and of the haill kirks within this realme, quhilks as get, through the default of honeſt intertainment, remaine vn- plantit and deſtitute of the comfort of the Word; and anent ane ſolid ordour to be takin anent a conſtant and perpetuall proviſioun for the ſuſ. tentatioun of the haill Miniſtrie within this realme, to the end they be not, as in tymes bygame, to depend and awaite vpon the Commiſſioners appointit for modifieing of their ſtipends, and ſo be forcit to abſent themſelves the moſt part of the geir from thair flock, to the great diſgrace of thair calling, diſhearting of thair congregatioun, and diſcontentment of his Majeſtie, whoſe care ever hes bein, and earneſt defyre continues as get, that every congregatioun have a ſpeciall Paſtour homeſtly ſuſtainit, for the better await- ing on his cure, and diſchargeing of his duetiefull office in the ſame : and therfor his Majeſtie deſyrit the brethren to confidder, whither it were ex- pedient that ane generall commiſſioun ſould be grantit to certaine of the moſt wyſe and diſcreit of the brethren, to conveine with his Majeſtie for 928 - THE BOOKE OF THE 1597. effectuating of the premiſſes: The quhilk his Majeſties advyce the Aſſem- blie thinks very neceſſar and expedient; and therefor hes given and grantit, lykeas, be the tenour heirof, they give thair full power and commiſſioun to the brethren vnderwrytin, viz. Mrs Alexander Dowglas, James Nicolſone, George Glaidſtaines, Thomas Buchannan, Robert Rollock, Robert Pont, David Lindſay, Patrick Galloway, Johne Duncanſone, Patrick Sharp, Johne Porterfeild, James Melvill, William Couper, and Johne Clapper- toun, or any fevin of them, to convene with his Majeſtie, betuixt the day of thir preſents and the laſt of May inſtant, [with power to them] to take ſolid ordour anent the proviſioun of Miniſters to the townes of Edenburgh, Dundie and Sanét Androes, his Majeſties and the Princes houſes; to give thair advyce and opinioun to his Majeſtie, anent the planting of every par- ticular kirk within this realme; to make ſuch overture as they can beft devyſe twiching the conſtant platt; and generally to give thair advyce to his Majeſtie in all affaires concerning the weill of the Kirk, and intertain- ment of peace and obedience to his Majeſtie within this realme: with ex- preſſe power and command to the ſaids Commiſſioners to propone to his Majeſtie the petitiouns and greives, aſweill of the Kirk in generall, as of every member therof in particular, promitten de rato. Anent the ſupplicatioun givin in be Mr John Rutherfurd, makand men- tioun, that quher in the Generall Aſſemblie laſt bypaſt haldin at Perth, he gave in ane ſupplicatioun, quherin he deſyrit the proces of deprivatioun [led and] deduceit aganis him be the Preſbytrie of Sanét Androes, to be produceit before the ſaid Aſſemblie, to the effect the ſame might be tryit, and the proceidings thereof examinit be them, the quhilk was referrit be them at that tyme to this preſent Aſſemblie, ordaining the ſaid Preſbytrie of Sanét Androes to produce the ſaid proces befor this preſent Aſſemblie, and to anſwer to the complaint givin in be the ſaid complainer, defyrand therefor the brethren of the Preſbytrie of Sanét Androes to be callit for produćtioun of the ſaid proces, to the effect the ſamein might be ſein and confidderit be this preſent Aſſemblie, according to the ordinance made at Perth, as ſaid is : The Generall Aſſemblie, in reſpect of ſhortneſs of tyme, remitts the ſaid complainer and his ſupplicatioun to the Commiſſioners ap- pointed to conveine with his Majeſtie at Edinburgh, and ordaines the Preſ. bytrie of Sanét Androes to produce the ſaid proceſſe befor the ſaids Com- miſſioners, and the anſuer to the ſaid complainers ſupplicatioun in all points; with power to the ſaids Commiſſioners, or any fevin of them, to 1597. UNIVERSALL KIRK OF SCOTLAND. 929 take full tryall, cognitioun, and finallie to conclude in the ſaid matter, promitten de rato. Seſſio vltima. 17 Maj. Anent the ſupplicatioun givin in be James Wood, appeirand of Bony. toun, makand mentioun, that, according to the direétioun of the laſt Aſ. ſemblie haldin at Perth, he had attendit vpon the Commiſſioners appointit be the ſaid Aſſemblie, and had aggried, be thair conference, in many heids of religioun with them ; deſyreand therfor, as he is willing to perſevere in conference with the ſaids Commiſſioners to his finall reſolutioun, that a commiſſioun may be grantit to the brethren appointit for dealing with the Erles of Huntlie and Errol, to continue in conference with the ſaid com- plainer; and in cace they find him reſolvit, to abſolve him from the ſen- tence of excommunicatioun, and receive him again in the boſome of the Kirk: as alſo that the Commiſſioners of Angus appointit for the ſaid pur- poſe, may have a ſpeciall command to intreat with the ſaid complainers father, for appeaſing his wrath towards him, in reſpešt he is content to ſubmitt himſelfe moſt humblie to his ſaid father, or to the Kirk, for ſatiſ- faćtioun of any eyeliſts that he or they hes found in him in tymes bypaſt: The Aſſemblie gives full power and commiſſioun to the brethren appointit for receiving the Erles of Huntlie and Erroll, to enter in farther confer- ence and tryall with James Wood, appeirand of Bonytoun : and in cace of full ſatiſfactioun to be made be him to the ſaids Commiſſioners, in ſuch heids and articles quherin he hes not as get ſatiſfied, the Aſſemblie gives wnto them power to abſolve him from the ſentence of excommunicatioun, and receive him againe within the boſome of the Kirk. Attour, the Af. ſemblie ordaines Mrs George Gladſtanes, Andro Mylne, Andro Leich, Johne Ramſay, and Andro Lamb, to deale with the Laird of Bonytoun, and travell in the reconciliatioun deſyrit and ſatiſfactioun offerit be the ſaid complainer his ſonne. Anent the ſupplicatioun given in be Mr William Murray, Miniſter at Dyſart, making mentioun, that quher he hes livit vpon the duetie of the tak of the Perſonage thir diverſe geirs bygane, being only thrie hundreth merks, and ſuſtaineth great charges thervpon ; and now feing the ſaids taks are outrunne, and he is informit that diverſe ſupplicatiouns are givin 6 B 930 THE BOOKE OF THE 1597. in be the gentlemen of the ſaid parochin, craveand the ſaid complainer [to be aſtrićted] to ſett them taks of thair awin teinds reſpectivé; deſyre- and therfor not to aſtrićt the ſaid complainer to any particular perſons, bot to give him power to ſett taks to ſick as fall doe moſt commodiouſlie for the weill of the Kirk: The Aſſemblie gives power to the ſaid complainer to ſett in tak the teinds of the Perſonage of Dyſart, except of the lands pertaining to the Lairds of Glennagies and Wachtoun, reſervit be ame vther aćt of this Aſſemblie, with advyce and conſent of the Preſbytrie of Kirk- caldie, and of the brethren after following, viz. Mrs Thomas Buchannan, William Cranſtoun, James Melvill, Robert Wilkie, David Ferguſone, and Johne Fairfull; vnto the quhilks the Aſſemblie remits the ſupplicatioun of ſuch as craves tackis of the teinds of the ſaid Perſonage. Anent the Erle of Craufurds requeſt, deſyreand licence to a perſon of Inneraritie to ſett a tack of the teinds therof, in cace it be found be the civill Judge that he hes beſt right therto : The Generall Aſſemblie gives power to the Commiſſioners appointit to conveine in Edenburgh with his Majeſtie, to give power to the perſon that ſalbe preſentit, to ſett taks of the teinds controvertit to either my Lord Craufurd, or the Laird Purie Fothringhame, that falbe found be civill magiſtrate to have beſt right to the ſame. Thanks being given to God, the brethren ordaines the mixt Aſſemblie to be haldin at Striveling, the firſt Tueſday of May 1598. Here followeth the tenour of a Miſſive ſent by the Commiſſioners of the General Aſſembly to the Preſbyteries. [Grace and peace from God the Father of our Lord Jeſus Chriſt. Beloved brethren, as we have found continuance of mercy in ſtaying the deſolation, which was already begun, according to many threatenings againſt the contempt of this land; ſo wee fee, through the lack of due conſideration and forefight in ſuch as principaly ſhould have the moſt tender care of this work, and partly through the ſubtile wayes of diſſembling friends, good occaſions are likely to be turned to our hurt, unleſs remeed 1597. UNIVERSALL KIRK OF SCOTLAND. 931 be wiſely provided in tyme : For this cauſe wee have thought it needfull, and be conſent of his Majeſtie concluded, that the General Aſſembly, which was ordained to be in May, ſhould hold the firſt Tueſday of March next at Dundie, for preventing of inconveniences, that delay of tyme might draw to further evil, and for taking of ſolid reſolution in ſuch things as are ne- ceſſary to be deliberat upon, concerning the Kirks vote in Parliament, and ſome other neceſſary points; whereanent, for your better information, wee have thought expedient to acquaint you with the effect of our travells here at this tyme. - According as it has been the continual cuſtome of the Kirk at Parlia- ments to crave ſuch things as were found neceſſary to paſs in lawes for their well and priviledges; ſo with advice of diverſe Commiſſioners of Preſbyteries, wee found it requiſite to infifi in ſuch articles as have been craved be the Kirk at Parliaments in tymes bypaſt; and namely wee urged the article ament the Kirks vote in Parliament, and the article anent the univerſal proviſion of the whole Kirk with ſtipends. In both wee found great oppoſition be the far greateſt part of the Lords: but the Kings Ma- jeſtie conveyed our ſuits with ſuch wiſdom and dexterity in our favours, that in end, after many hard anſwers, his Majeſtie procured, that he might diſpone the whole great benefices to Miniſters; and that ſuch Miniſters as ſhould be admitted thereto, ſhould have vote, but prejudice alwayes to the preſent diſcipline and juriſdićtion of the Kirk in any point; as ye will un- derſtand be the act itſelf, whereof we have ſent you here a copy, which his Majeſtie thinks ſhall be a mean, in ſhort tyme, to vindicate the Miniſ. try from their preſent contempt and poverty; and this is already perceived be many to their grief, who fear their hurt in our credit. For this cauſe we have been earneſtly requeſted by fundry of the wiſeſt of all Eſtates, who moſt favour the good cauſe, that without ſcruple we ſhould accept this good occaſion. The which point of preſent acceptation was urged be the Lords ſo ſtraitly, that unleſs we wold give our conſent thereto preſently, in name of the Kirk, they wold not ſuffer the foreſaid ačt to paſs in our favours; yet his Majeſtie was ſo favourable towards us, and ſo carefull to ſave our credit, and eſchew offence, that, be his moyen, all is reſerved free to this Aſſembly for our part: Therefore we beſeek you, Brethren, to have a regard hereof with ſuch wiſdom and care as is neceſſary in a matter of ſo great importance, and ſend in commiſſion to the ſaid Aſſembly, the moſt wife, grave, and of beſt credit and experience among you, ſo far as 932 THE BOOKE OF THE 1597. infirmity and age may ſuffer; that good occaſion may be uſed at this tyme, as that the good may be taken without any hurt, ſo far as is poſſible. Anent the Platt and proviſion of ſtipends at every Kirk, commiſſion is given to a number of Lords and Miniſters, who are to eſſay that work with all diligence, and to crave your farther help in the information anent the eſtate of the kirks : which therefore ye ſhall take paines to have in readi- neſs, as ye ſhall be required upon the next advertiſement. The Lord direct you in all fincerity and wiſdom, that ye may find a bleſfing upon your labours alwayes. From Edinburgh the 22 day of December 1597. Your Brethren and fellow labourers, the Commiſſioners of the Gene- ral Aſſembly, and in their name and command Mr Robert Rollock, Moderator of the General Aſſembly. C.] Tenour of the A&t of Parliament. In Parliamento apud Edinburgh, 13" Decembris A. D. MDxcvH. Our Soverain Lord, and his Hieneſſe Eſtaites in Parliament, havand ſpeciall confideration and regairde of the great priviledges and immunities granted bee his Hieneſſe predeceſſoures of maiſt worthie memorie to the halie Kirk within this realme ; and to the ſpeciall perſomes exercing the offices, titles, and dignities of Prelacies within the famin : quhilkis perſones hes ever repreſented ane of the Eſtaites of this realme, in all Conventiones of the ſaidis Eſtaites; and that the ſaidis priviledges and freedomes hes bene from time to time renewed and conſerved in the ſame integritie and condition, quhairin they were at ony time of before; ſwa that his Majeſtie acknowledging the famin now to be fallen, and becummin vnder his Ma- jeſties maiſt favourable protećtion : Therefore his Majeſtie, of his greate geale, and ſingular affection, quhilk hee alwaies hes to the advancement of the trew religion preſentlie profeſſed within this realme, with adviſe and conſent of his Hieneſſe Eſtaites, ſtatutis, decernis, and declaris, that the Kirk within this realme, quhairin the ſamin religion is profeſſed, is the trew and halie Kirk; and that ſick Paſtoures and Miniſters within the famin, as at ony time his Majeſtie fall pleaſe to provide to the office, place, title, and dignitie of ane Biſhop, Abbot, or vther Prelate, fall at all time hereafter 1597. UNIVERSALL KIRK OF SCOTLAND. 933 haue vote in Parliament, fiklike and als freelie as ony vther Eccleſiaſticall Prelate had at ony time bygane : And als declaris, that all and quhatſum- ever Biſhopprickes preſentlie vaikand in his Hieneſſe handes, quhilkis as git ar vndiſponed to ony perſon, or quhilkis ſall happen at ony time here- after to vaik, falbe onelie diſponed be his Majeſtie to ačtual Preachers and Miniſters in the Kirk; or to fik vthers perſones as falbe foundin apt and qualified to vſe and exerciſe the office and funètion of ane Miniſter and Preacher; and quha in their proviſiones to the ſaid Biſhopprickes, ſal accept in and vpon them to be ačtual Paſtoures and Miniſters; and according therto fall practize and exerce the ſamin thereafter. Item, As concerning the office of the ſaidis perſones to be provided to the ſaidis Biſhoppricks in their ſpirituall policie and governement in the Kirk, the Eſtaites of Parliament hes remitted, and remittis the famin to the Kingis Majeſtie, to be adviſed, conſulted, and agreed vpon be his Hieneſſe with the General Aſſemblie of the Miniſters, at fik times as his Majeſtie ſall thinke expedient to treat with them thereupon ; but prejudice alwaies in the meane time of the juriſdićtion and diſcipline of the Kirk eſtabliſhed be ačtes of Parliament, maid in onie time preceeding, and permitted be the ſaidis ačts to all Generall and Provincial Aſſemblies, and vthers quhatſum- ever Preſbyteries and Seſſiones of the Kirk. 934 THE BOOKE OF THE 1597. A. D. M.D.XCVII. The Generall Aſſemblie of the Kirk of Scotland, haldin at Dundie the 7 day of Marche 1597. In the quhilk were conveinit the Kings Majeſtie and Commiſſioners from all Shyres and Townes of the countrey. Seſſio 1*17 Martij. Poſt meridiem. Exhortatioun beeand made be Mr Robert Rollock, Moderatour of the laſt Aſſemblie, ther was appointit vpon the leits, Mrs Patrick Simfone, David Ferguſone, Peter Blackburne, James Robertſone, and Robert Wil- kie ; and be the pluralitie of votes, Mr Peter Blackburne was eleētit Mo- deratour hac vice. Seſſio 2a, 8 Martij. Anent the Commiſſioun given to certain brethren of the North, for the abſolving of the Erles of Angus, Huntlie, and Erroll, from the ſentence of excommunicatioun : The Aſſemblie ordaines Mr Peter Blackburne, in name of the reſt, to give in in wryte, the haill forme of thair abſolutioun, and ſatiſfactioun to the articles injoymed to them in the laſt Aſſemblie, to the effect the ſame may be regiſtrat in the Bookes of the Aſſemblie. 1597. UNIVERSALL KIRK OF SCOTLAND. 935 Seſſio 3a, Eodem die. Becauſe there is no accompt tane of the acts of every Provinciall Aſſem- blie ; therefore it is ſtatute and ordainit, that, in all tymes coming, every Provinciall Aſſembly within this realme ſend the acts of thair Synod made fen the Generall Aſſemblie immediatlie preceiding, with thair Commiſſion- ers direét be them to the next Generall Aſſemblie, to the effeót the brethren of the Generall Aſſemblie may take tryall and cognitioun, that the pro- ceidings of every Synod be done decenter et ordine, and ſo allow or diffallow of them as they [fall] think meitt; and this ordour to begin at the nixt Generall Aſſemblie. Item, Becauſe it was meinit be ſome of the brethren, and found fault with, that ſuch as vſes to be appointit Commiſſioners from the Synodalls to the General Aſſemblie, but any reaſonable cauſe, refuſe to obey and accept thair commiſſioun, quherthrow it falls out oftentymes, that at the Generall Aſſemblie ther inlakes Commiſſioners from ſome Synods: Heirfor it is ſtatute and ordainit, that every Synod fall chooſe out them that ſalbe thoght moſt meit to come as Commiſſioners to the Generall Aſſemblie, who fall remaine to the laſt day of the Aſſemblie incluſivá; and to the effect they may pretend no reaſonable cauſe in the contrair, and ſpeciallie of povertie, therefor it is ſtatute and ordainit, that in cace the Commiſſioners that are choſen may not commodiouſlie awaite vpon the Aſſemblie vpon thair awin expenſis, then and in that cace, the reſt of the quhilk number he is chofin fall contribute to his expenſis, according to the abilitie of thair livings, vnder the paine of the tinfell of the tenth part of thair ſtipends; quhilk Commiſſioners beand ſa furniſchit be ane commoun contributioun, as ſaid is, he fall repaire to the Generall Aſſemblie, and remaine vnto the finall end therof, vnder the paine of the tinfell of the tenth part of his awin ſtipend : And in cace either the Commiſſioner or the brethren of his Synodall, through not obeying every ane thair proceſſe of the premiſſes reſpectivé, incurreing the danger of the penalties above rehearfit, and get refuſing to make payment of the ſaids penalties, viz. of the tenth part of thair ſtipends, then and in that cace, they ſalbe ſuſpendit from thair calling and functioun, ay and quhill they ſatiſfie the ſame. Anent the ſummounds raiſit at the inſtance of the Synodall of Fyffe againſt Andro Arnot, Miniſter of Scotlandwell, craveand the ſaid Andro, 936 THE BOOKE OF THE - 1597. conforme to his promiſe, to mak proviſioun for the kirk of Auchtermoonſie, ane of the kirks of the ſaid Miniſtrie: The ſaid Andro being callit, com- peirit and declarit, that he promiſed to make ſufficient proviſioun for the ſaid kirk, provyding alwayes he were reſolvit of the payment of his thrid, quhilk he payes preſentlie to Mr Robert Inchaw ; quhilk promiſe he pre- ſentlie ratified, and band himſelfe to make proviſioun for the ſaid kirk of Auchtermoonſie immediatly after the diſſolving of the Aſſemblie, he being releivit of the payment of the thrid, as ſaid is. Seſſio 4a. 9 Martij. [The Synod of Lothian gave in their grieves againſt the Commiſſioners of the Generall Aſſembly, whereupon was made this ordinance follow- ing. C.] The Commiſſioners appointit in the laſt Generall Aſſemblie for planting of the townes of Edenburgh, Dundie, and Sanét Androes, and ſuch vther affaires, as at mair lenth is conteinit in the ſaid commiſſioun, and callit to give ane accompt of fick things as had bein done be them be vertue of thair commiſſioun forſaid, Mr James Nicolſone, in name of the reſt, produceit a booke containing a whole regiſter of thair whole proceſs and proceidings fince the acceptatioun of the ſaid commiſſioun, quhilk was publicklie red in preſence and audience of the haill Aſſemblie: And becauſe ther was ſome of the brethren that thoght themſelves greivit at certaine of thair proceid- ings, therfor it was thocht expedient that the brethren after following ſould cognoſce vpon the ſaids greives and Commiſſioners anſuers therto, quhilk both ſould be givin in in one wryte befor them, and therafter report to the haill Aſſemblie quhat they fand therin : They are to ſay, Mrs George Monro, James Dundas, Robert Howie, Duncane Davidſone, William Dowglas, Andro Mylne, Andro Lamb, James Robertſone, William Rynd, Archibald Moncreiff, Alexander Lindſay, David Ferguſone, William Cran- ſtoun, David Spence, Robert Wilkie, John Knox, Gawin Hamiltoun, Johne Hall, Johne Spotiſwood, Patrick Symfone, Robert Darroch, Harie Levingſtoun, David Barcklay, Hew Fullertoun, and Johne Welſch. 1597. UNIVERSALL KIRK OF SCOTLAND. 937 Greives to be proponit to his Majeſtie. Firſt, To crave of his Majeſtie ane releife of this preſent taxatioun to fick of the Miniſtrie as poſſeſſes ſmall benefices within iij marks, feing they are not able to be ſuſtainit vpon the ſame. . 2. To crave in generall for the haill miniſtrie, that they be not troublit with the taxatioun in no tyme coming ; bot that the officiars that ingathers the ſame, charge the takſmen immediatlie quho are bund to releive the Mi- niſtrie of their taxatioun ; becauſe ſo long as the Miniſters charges thair takſmen, not only it averts them from thair calling, but alſo breids a grudge betuixt them and thair parochiners. - 3. To crave a redreſſe of the abuſe of the buriall, that ane ačt of Parlia- ment may be made, diſcharging burialls in kirks. 4. To crave ane redreſſe anent adulterous marriages, quher two perſons, both divorcit for adulterie committit either with vther, craves the benefite of the Kirk to be joynit in marriage. 5. To crave his Majeſtie, quhat ordour ſalbe tane anent the relaxatioun of ſuch murtherers from excommunicatioun as are alreadie relaxit from the horne, and get hes not ſatiſfied the partie, quhilk is a tokin of no penitencie. 6. To advyce with his Majeſtie, if the carieing of profeſt witches from towne to towne, to try witchcraft in vthers, be laufull ordinar tryall of witchcraft, or nocht. 7. Anent the laik patronages: To lament unto his Majeſtie the great abuſe quhilk the late ačt of Parliament hes brocht in giving licence to the patrone to poſſeſſe the fruits of the benefice, in cace he preſent a qualified man, and the ſame be not admitted be the Kirk; vnder colour quherof they vſe to preſent ane qualified man to the Preſbytrie, and hes him ſworne to ſett back a tack of the fruites of the benefice to the patrone ; quhervpon, albeit the perſon preſentit be qualified, get the Kirk cannot admitt him, in reſpect of the impediment forſaid, quherthrow both the patrone vplifts [the fruićts of] the benefice, and the Kirk lyes deſtitute; therfor to crave redreſſe of the ſame. 6 c 938 THE BOOKE OF THE 1597. Seſſio 5a, Eodem die. Anent the greives givin in to his Majeſtie befor noone, his Majeſtie being preſent gave his anſueris as followes : To the firſt and ſecond : His Majeſtie deſyrit the Commiſſioners to be deput from this Aſſemblie, to give in ane ſupplicatioun to the Counſell, anent the ſame, quhervnto his Majeſtie ſould hold hand ; and in the mean tyme promiſed to cauſe ſtay all farther executioun againſt ſick of the Min- iſtrie as were at the Aſſemblie preſentlie, quhill the 15 of Apryle nixt to COIll e, Anent burials: His Majeſtie thocht good that ane ſupplicatioun ſhould be givin in to the mixt Parliament, craveand that, for avoyding of burialls in kirks, every Nobleman ſould bigge a ſepulture for himſelfe and his awin familie. Anent adulterous marriages: His Majeſtie thocht good that ane ſup- plicatioun ſould be givin in to the nixt Parliament, craveand ſuch mar- riages to be declairit null in all tyme comeing, and the bairnes gottin therin to be baſtards. Anent murtherers: His Majeſtie declared, quhen any murtherer is re- laxit from the horne, upon cautioun to vnderly the law, that he is not, therfor, finpliciter relaxit, bot to ane day to abyde tryall of his fault; and therfor thinks that the Kirk may continue in thair cenſures agamis ſuch a perſon, and deny him any benefite of the Kirk, vntill they fie evident tokins of repentance in him, the partie be ſatiſfied, and thervpon ane full remiſſioun obtainit. Anent tryall of witchcraft : His Majeſtie declared, that, be ane act of the laſt Parliament, it is remittit to certaine of his Hienes Counſell, certaine Miniſters and Advocates, to conclude vpon [a ſolid order] anent tryall of witches, and to advyce whither the forſaid carieing of witches is permiſſive, [or not.] Tuiching the quhilk, the Aſſemblie ordainit Mr Patrick. Galloway and Johne Duncanſone to hald his Majeſtie in remembrance. Anent the abuſe of laik patronages: His Majeſtie the cht good lykewayes, that ane ſupplicatioun ſould be givin in to the nixt Parliament for redreſſ- ing of the ſame. Becauſe it was reportit in the Aſſemblie, that albeit fundrie perſons were 1597. UNIVERSALL KIRK OF SCOTLAND. 939 convićt of witchcraft, nevertheles, the civill Magiſtrat not only refuſit to puniſh them, conforme to the lawes of the countrey, bot alſo, in contempt of the ſamein, ſetts the perſons at libertie, quhilk were convićt of witchcraft : Therfor the Affemblie ordaines that, in all tyme coming, the Preſbytrie proceid in all ſeveritie with thair cenſures agamis [all] ſuch Magiſtrats as fall ſet at libertie any perſon convićt of witchcraft heirafter. Item, Becauſe diverſe perſons, with ane prepoſterous haſte, hes proceidit to the band of Matrimonie, without any laufull proclamatioun of thair bands, quherthrow the ordinances of the Kirk are hielie contemnit: Ther- for it is ſtatute and ordainit, that no perſons be couplit together in marriage, without they be thryſe laufullie proclaimit at thair awin paroch kirk, ac- cording to the conſuetude obſervit within this realme: and in cace of contraveining of the ſame, that the Miniſter be depryvit of his office ; and the parties ordainit to ſatiſfie the Kirk be public repentance. Anent burialls: It is ordainit, that no pićtures or images be caried about in burialls, vnder the paine of the cenſures of the Kirk. Item, Becauſe it was regratit, that becauſe certaine of the Miniſtrie being beneficit perſons, hes fett taks and affedatiouns of the fruits of thair benefice, and therafter hes obtainit licence of tranſportatioun from thair kirk, ſo that the ſame, be reafone of the taks ſet be them, remains continuallie vnplantit for lake of proviſioun : Therfor it is ſtatute and ordainit, that, in tyme comeing, no Miniſter get licence of tranſportatioun from his Kirk, befor it be tryed, that he hes not hurt the benefice, from quhilk he wald be tran- ſportit, be ſetting tacks of the fruits of the ſame ; and if the tacks, that were ſett befor his entrie to the ſaid benefice, expyrit in his tyme, that he hes re- newit no auld tack, but conſent of the Generall Aſſemblie, and meliora- tioun of his benefice. Item, Becauſe for lake of moyen, fundrie of the Miniſters hes not as git obteinit the deſignatioun of their manſes and gleibes, Therfor it is ordainit, that everie Miniſter, that is not git poſſeſt with his manfe and gleib, obtaine poſſeſſioun of the ſame, betuixt and the nixt Aſſemblie : And in cace the perſon, in whoſe favours the deſignatioun is grantit, be not able, throw po- vertie, to awaite vpon the law for [obtaining] poſſeſſioun of the ſame, that the reſt of the brethren of his Preſbytrie concurre and help him with ex- penſſes for obtaining of the ſame. 940 THE BOOKE OF THE 1597. Seſſio 6a, 10 Martij. Anent the proceidings of the Commiſſioners appointit in the laſt Gene- rall Aſſemblie, quhilk they did anent the planting of the Miniſtrie of Sanét Androes, and anent the examinatioun of the depoſitioun of Mr Johne Rutherfuird : The Aſſemblie ratifies, allowis, and approves thair proceid- ings therin. And farther ordaines, for reaſonable cauſes moving [them, Mr Robert Wallace to be relaxit from the ſentence of ſuſpenſioun from his Miniſtrie, pronuncit in thair decreit againſt him, he ſatiſfieand my Lord of Menmure, be the advyce of Mrs David Lindſay, Robert Bruce, and Robert Rollock, to the effect he may be placit to ſerve in fick parts, quher the Kirk fall think his travells to be beſt imployit. - As concerning Mr Johne Rutherfuirds proceſs, and the reſt of the things done in Sanét Androes be the ſaids Commiſſioners : Mrs David Black, Johne Carmichaell, Robert Durie, Alexander Forſythe, and the reſt of the brethren of the Preſbytrie of Sanét Androes that were ther preſent, after reaſoning of ſuch things quherof they had not bein of before reſolved, de- clared themſelves ſatiſfied therin. Becauſe it was reportit be the Commiſſioners of the Generall Aſſemblie, that the conſtant Platt for planting of every particular kirk, was hindred be the takſmen who hes the haill teinds in thair hands, and refuſeth to con- diſcend to any ſubſtantiall ordour ament the planting of the Miniſtrie, with- out ſome ſecuritie were made vnto them anent the reſt of thair teinds : Therfor the Aſſemblie thocht good to confidderquhatbe the conditions cravit be thair takſmen, in cace of augmentatioun of the duetie of thair tackis for ſuſtentatioun of the Miniſtrie : To the quhilk it was anſuerit be the viſi- tours of Murray and Aberdeine, that the taxmen deſyrit ane perpetuitie of thair tacks, be renewing therof at thair outruning without greifiom : [Mernes offered preſently to augment in vićtual, upon condition that the tacks be renewed at the outrunning therof, for a liquidat ſumme, in name of greffom :] The lyke offerit Angus: Clidſdaill, Galloway, Lauthian, and Fyfe, wald make no offer. Upon conſideration quherof, the brethren deſyrit his Majeſtie that ane law might be made anent the augmentatioun of the duetie of the tackis for ſuſtentatioun of the Miniſtrie : To the quhilk his Majeſtie offerit willingly 1597. UNIVERSALL KIRK OF SCOTLAND. 941 to deale with the takſmen in ſuch fort, that they ſould be forcit to augment the duetie of thair tackis to a reaſonable and competent living for ame Miniſter at every kirk, vpon conditioun they had ſome reaſonable eaſe of thair teinds. And for effectuating therof, the Aſſemblie ordaines every Miniſter to give in a particular overture in wryte to the Commiſſioners quhilk ſalbe appointit be the Generall Aſſemblie, [and information,] quhat is the juſt valour of the teinds of his paroch ; to quhom they are ſett; for quhat duetie; to quhom the duetie is payit ; and quhat better every ane can give for planting his awin kirk; to the effect his Majeſtie, with advyce of the ſaid Commiſſioners, may take ame ſolid ordour anent the ſufficient planting of every particular kirk betuixt and the nixt Gene- rall Aſſemblie. Seſiio 7a: Eodem die. The brethren appointit to try the proceidings of the Commiſſioners of the laſt Aſſemblie, and the greives givin in againſt the ſame, with the Com- miſſioners anſuers therto, declairit, that they had confidderit the haill grieves givin in be the Synodall of Lauthiane, and the Commiſſioners anſuers made to the ſame ; and that they thocht it expedient, ſo that it were the will of the Aſſemblie, that the ſaids greives and anſuers ſould be buried : Notheles, the Aſſemblie, for ſatiſfactioun of the haill brether, thocht good, that the ſaidis greives and anſuers ſould be red in audience of the haill Aſ- ſemblie ; quhilk being done, after voteing, it was concludit, that the pro- ceſs and proceidings of the ſaids Commiſſioners ſould be ratified in that pairt ; and the ſaids greives and anſuers buried and obliterat, for continu- ance of peace and quyetnes in the Kirk. Seſſio 8- 11 Martij. The brethren, after reviſeing of the haill proceidings of the Commiſſion- ers of the laſt Aſſemblie, ratifies, allowis, and approves [the ſame ; J and ordaines the haill greives givin in, and anſuers made therto, to be buried and put out of memorie. For better executioun of thair proceidings, the General Aſſemblie or- 942 THE BOOKE OF THE 1597. daines Mrs Robert Rollock, David Lindſay, Robert Pont, Patrick Gallo- way, Johne Duncanſone, James Nicolſone, Thomas Buchannan, George Glaidſtanes, or any fyve of them, to conveine with his Majeſtie, to put the decreit of the ſaids Commiſſioners, anent the planting of Edenburgh, to farther executioun, and place the Miniſters of Edinburgh at thair particu- lar flocks; ordaining lykewayes the Miniſters of Edenburgh to obey the ſaid decreit be accepting every one of them thair particular flocks, vnder the paine of deprivatioun from thair Miniſtrie ; and in cace of diffobedience on thair parts, and none acceptatioun of thair particular flockis, as ſaid is, that the ſaids Commiſſioners depryve them from thair funètion [of the Miniſtrie :] And therafter ordaines the ſaids Commiſſioners to plant the Kirk of Edenburgh with ſuch of the wyſeſt and moſt diſcreit of the breth- ren as they fall think moſt meit, to the glorie of God and edificatioun of the particular flockis within the towne of Edenburgh ; and in the meane tyme, quhill the ſaids Commiſſioners conveine for performing of the premiſſes, the brethren ordaines the Miniſters of Edenburgh to continue in the preaching of the Word and miniſtration of the ſacraments. Seſſio 10° 13 Martij. Becauſe fundrie of the brethren deſyrit to be ſatiſfied of his Majeſties mynd be his awin mouth toward certaine of the Miniſtrie, and in ſpeciall toward the Miniſtrie of Edinburgh, anent quhatſoevir thrawarts or accidents that hes fallen out thir two geirs bygane; his Majeſtie, for making his mynd more cleirlie to be vnderſtood be the haill brethren, declarit himſelfe to be content and ſatiſfied with the Miniſtrie of Edinburgh ; and that his Hienes did beare no grudge nor evill will to any of them for any accidents quhilk hes fallin out in any tyme bygane, and that the ſame ſould never be remembrit be his Majeſtie in any tyme comeing ; bot that his Hienes and they, (to the quhilk the Miniſtrie of Edinburgh willinglie aggreit,) ſould never call any of theſe accidents fallin out in any tyme bygane to remem- brance, neither make mentioun of the ſame in privat ſpeiches or publick ſermons, in any tyme heirafter. The quhilk day, in preſence of the haill Aſſemblie, the Kings Majeſtie having declarit his advyce anent the neceſſitie of Commiſſioners, to be ap- pointed be the Generall Aſſemblie, to awaite and concurre with his 1597. UNIVERSALL KIRK OF SCOTLAND. 943 Majeſtie for bringing to ane finall end, the longſome worke of the conſtant Platt for the planting of Miniſters at the principall burghes within this realme, in cace any of thir places fall happin to vaike betuixt and the nixt Generall Aſſemblie ; for awaiting on the Parliament, if any ſalbe, and craveing the redreſſe of ſick things quher with the Miniſters ſall find them- ſelves greivit; and finallie, for redreſſing of ſick enormities, and awaiting vpon ſuch good occaſiouns, as may fall out before the nixt Generall Aſ. ſemblie ; defy reing, therfor, that the brethren wald confidder the neceſſitie forſaid, and according to their diſcretioun, whither if it were expedient, that ane commiſſioun ſould be grantit to certaine of the moſt wife and diſ. creit of the brethren for the cauſes forſaids: The quhilk his Majeſties ad- vyce the Aſſemblie thinks very neceſſar and expedient, and therfor hes givin and grantit, and, be the tenour heirof, gives and grants, thair full power and commiſſioun to Mrs Peter Blackburne, James Nicolſone, Andro Mylne, Alexander Dowglas, Johne Ramſay, Thomas Buchannan, David Ferguſone, William Cranſtoun, George Glaidſtaines, Alexander Lindſay, Harie Livingſtoun, Robert Pont, David Lindſay, Robert Rollock, John Hall, Johne Clappertoun, Johne Knox, Gavin Hamiltoun, Andro Knox, his Majeſties and the Princes Miniſters, or any nyne of them, to conveine with his Majeſtie, at ſuch tyme and place as falbe found expedient; with power to them, or any myne of them, to concurre with his Majeſtie, anent the ſetting downe and concluding of the ſolid grounds and fundament of the conſtant Platt, and quhat ſecuritie falbe made to the taxmen for the remnant of thair teinds: Quhilks grounds being ſett downe be them, they fall make every Preſbytrie within this realme privie to the ſame ; and in cace the ſaids Preſbytries, be thair Commiſſioners or be themſelves, after viſitatioun of the ſaids grounds and concluſiouns, ratifie and approve the ſame, with power to the ſaids Commiſſioners, or any nyne of them, to con- veine therafter with his Majeſtie and [Lords of] the Privie Counſell, hav- ing the power of the Parliament to that effect, and there to put ane finall end and concluſioun to the conſtant Platt, and ſolid planting of every par- ticular kirk within this realme ; with power alſo to the ſaids Commiſſion- ers, or any nyne of them, to plant ſufficient Miniſters in the principall burghes within this realme, in cace the Miniſtrie therof fall happin to vaike betuixt and the nixt Generall Aſſemblie, and in ſpeciall to take care ament the proviſioun of Miniſters to his Majeſties and the Princes houſes, the kirks of Newabbay, and Dumfreis; with power alſo to the ſaids Commiſ. 944 . THE BOOKE OF THE 1597. fioners, or any nyne of them, to awaite vpon the Parliament, if any falbe befor the nixt Aſſemblie, and give in the greives of the ſamein, deſyrand them to be redreſt; and to give thair advyce to his Majeſtie, for avoyding or eſchewing of any danger or inconvenient quhilk may be licklie to fall out in prejudice of the Kirk : And lykewayes, in cace his Majeſtie find himſelfe greivit, or crave redreſſe of any enormitie done to his Hienes be any of the Miniſtrie, with power to them, or any nyne of them, to fitt and cognoſce vpon the ſame, quherin, for thair better informatioun of the cryme or fact quhilk fall happin to be committit, they fall crave the advyce of the moſt diſcreit of the Preſbytrie quher the offender dwells, as they ſall think expedient, and therafter proceid in taking tryall of the fact be themſelves and conclude therin, as falbe moſt expedient to the glorie of God, and peace and quyetnes of the Kirk within this realme: And, finallie, with expreſſe power and command to the ſaidis Commiſſioners, to propone to his Majeſtie at thair conventiouns, the petitiouns and greives, aſweill of this Aſſemblie in generall, as of every member therof in particular, as ſalbe meinit vnto them, promittend de rato, &c. Anent the forſaid commiſſioun grantit for redreſſe of ſuch things as fall happin his Majeſtie to be offendit with in the perſon of any of the Miniſ- trie : His Majeſtie declarit in preſence of the haill Aſſemblie, that albeit the haill power of cognoſceing of ſuch perſons, be devolvit in the perſons of the Commiſſioners, quho ſould concurre with his Majeſtie to that effect; nevirtheles, his Majeſtie mynds no wayes to trouble the Commiſſioners with any ſuch matters, vnleſſe firſt it be knowin notoriouſlie, that the Preſbytrie, quher the offender maks reſidence, both hes gottin knowledge of the fact, and either hes altogether neglectit the tryall therof, or els not ſatiſfied his Majeſtie with the puniſhment imponit to the offenders be them. - Seſſio 1 1a. Eodem die. Forſameikle as the Commiſſioners of the Generall Aſſemblie, at the Par- liament haldin in December laſt bypaſt, vpon ane earneſt zeale quhilk they did alwayes beare to the weill of the Kirk, had givin in certaine articles to the Lords of Parliament, concerning the libertie of the Kirk, and in ſpeciall had craveit that the Miniſtrie, as repreſenting the true Kirk of God within 1597. UNIVERSALL KIRK OF SCOTLAND. 945 this realme, and ſo being the third Eſtate in this realme, might have vote in Parliament according to the loveable ačts and conſtitutiouns of before made in Parliament, in favours of the friedome and libertie of the holie Kirk; quhilks thair travells and indevores, proceiding alwayes vpon ane godly intentioun, they ſubmittit to the cenſures of this preſent Aſſemblie, defyreing the brethren to allow or diſſallow the ſame, as they ſould think moſt expedient for the glorie of God and the eſtabliſching of the true reli- gioun within this realme : Quhervpon the brethren being ryplie advyfit, allowit the honeſt and godlie intentioun of the Commiſſioners in craveing vote in Parliament [for the Miniſtrie, J as conforme and aggrieing to fundrie vther ačts of the Aſſemblies preceiding, in the quhilk it hes bein found expedient that the Kirk ſould [fute] vote in Parliament. Forſameikle as his Majeſtie is willing to vtter his good intentioun that he hes alwayes borne to the eſtabliſching of the true Kirk of God within this realme, declairit, that for the better performance thereof, his Hienes had aſſiſted the Commiſſioners of the laſt Aſſemblie in craveing vote in Parliament in name of the Kirk; quhilk thair fute, albeit it was in ſome pairt, and [as it were] in a certaine manner, grantit be the Lords of Par- liament; get the acceptatioun therof, the forme, and haill circumſtances of the perſons, were referritt to this Generall Aſſemblie, to be acceptit or refuiſit as the Kirk ſould think expedient. And feing his Majeſtie had an- ticipat the appointit tyme of the Aſſemblie, and deſyred the brethren to conveine at this preſent time, eſpecially for the cauſe forſaid; therfor his Majeſtie deſyrit that the brethren wald enter in a particular confideratioun of the haill points of the ſaid ačt in every particular point thereof; and firſt to reaſon, in publick audience of the haill Aſſemblie, whither it were lawfull and expedient, that the Miniſtrie, [as] repreſenting vndoubtedlie the Kirk within this realme, ſould have vote in Parliament, or not. The ſaid queſtioun being at verie great lenth reaſonit and debaittit in vtramgue partem, in preſence of the haill brethren, and therafter vottit, the Generall Aſſemblie votis, [finds, I and concludis, that it is neceſſar and expedient for the weill of the Kirk, that the Miniſtrie, as the thrid Eſtate of this realme, in name of the Kirk, have vote in Parliament. 6 D 946 THE BOOKE OF THE 1597. Seſſio 12a. 14 Martij, Concerning the number of the Miniſtrie that ſould have vote in Parlia- ment in name of the Kirk, it was lykewayes concludit and thocht expedi- ent, that als many of them ſould be chofin for the vote [in Parliament] as was wont of auld, in tyme of the Papiſticall Kirk, to be Biſchops, Abbots, and Pryours, that had the lyke libertie, viz. to the number of fiftie and ane, or therby. Item, After reaſoning, it was vottit and concludit, that the electioun of ſick of the Miniſtrie as ſould have vote in Parliament, aucht to be of ane mixt qualitie, and appertaine partlie to his Majeſtie, and partlie to the Kirk. And becauſe, through ſhortneſs of tyme, the brethren could not be perfytelie reſolvit in the remanent heids and circumſtances concerning the office of him that ſould have vote in Parliament, viz. de modo eligendi; of his rent; of the continuance of his office, whither he ſould be choſin ad poenam, or not; of his name; of the cautions for preſervatioun of him from corruptiouns, and fick vther circumſtances: Therfor the Aſſemblie ordaines every Preſbytrie to be rypelie and throughlie advyſit with the par- ticular heids above wrytin ; and therafter to convocat thair Synodall Aſ- ſemblies through the haill countrey vpone ane day, quhilk ſalbe the firſt Tueſday of Junij nixt to come, and ther, after new reaſoning and advyſe- ment of the particular heids above wrytin, that every Synodall chooſe out thrie of the wyſeſt of thair number, quho ſalbe readie vpon his Majeſties ad- vertiſement, quhilk ſalbe vpon ane moneths warning at the leaſt, to conveine with his Majeſtie, together with Dočtours of the Vniverſitie, viz. Mrs Andro Melvill, Johne Johnſtoun, Robert Rollock, Patrick Sharpe, Robert Howie, Robert Wilkie, and James Mertin, fick day and place as his Majeſtie fall think expedient, with power to them to treat, reaſon and conferre vpon the ſaids heids, and vthers pertaining thereto ; and in cace of aggriement and vniformitie of opiniouns, to vote and conclude the haill queſtioun con- cerning vote in Parliament : v therwayes, in cace of diſcrepance and vari- ance, to referre the concluſioun therof to the mixt Generall Aſſemblie. For better obſerving of the Preſbytries, It is ſtatute or ordainit, that every Preſbytrie fall aſſemble themſelves once ordourly, ilk weike in thair full number, at the leaſt ſo many of them as hes thair refidence within aucht myles to the place of the ordinar conventioun of the Preſbytrie. 1597. UNIVERSALL KIRK OF SCOTLAND. 947 That every member of the Preſbytrie ſtudie the text quhervpon the exer- ciſe is to be made. That a commoun heid of religioun be intreattit every moneth in ilk Preſ. by trie, both be way of diſcourſe and diſputation. That every Paſtour have ane ouklie exerciſe of inſtrućtioun and exami- natioun of ane part of his congregatioun in the Catechiſme. Quhilks haill heids are ordainit to be obſervit vnder the paine of incur- ring the cenſures of the Kirk. Seſſio ultima. Eodem die. Anent the Proteſtatioun given in be Mr John Davidſone, for himſelfe and in name of certaine brethren, as he alledgit, proteſting, that this preſent Aſſemblie was not ane frie Aſſemblie ; quhilk his Proteſtatioun he deſyrit to be inſert in the bookes of the Aſſemblie. It being inquirit be the Moderatour, if any man wald adhere to the ſaid Proteſtatioun : There was none found that wald adhere to the ſame, nor was of the ſaid Mr John his opinioun thereanent; and therfore the brethren diſchargeit the Clerk to inſert the ſame in the books of the Aſſemblie. The brethren having red and conſiderit the paines and travells takin be Mr Patrick Sharp, Principall of the Colledge of Glaſgow, and his Leſſouns vpon the Catechiſme and grounds of religioun, allowis of the ſame, and thinks them very neceſſar and profitable; and therfor ordaines them to be printit. Becauſe the queſtioun anent ſummar excommunicatioun, for lake of tyme, cannot be commodiouſly intreatit at this preſent, therefor the brethren con- timewis the ſame quhill the next Aſſemblie: in the meane tyme ſuſpends all ſummar excommunicatioun. Becauſe ther hes bein no ordour ſett downe hitherto anent the number of Commiſſioners [to be] direét from every Preſbitrie to be ſent to the Generall Aſſemblie, Therfor it is ſtatute and ordanit, that, in all tyme comeing, thrie of the wyſeſt and the graveſt of the brethren ſalbe direét from every Preſbytrie at the moſt, as Commiſſioners to every Aſſemblie ; and that none preſume to come but commiſſioun, except they have a ſpeciall complaint ; and that the Clerk of the Aſſemblie take heid to receive no more in commiſſioun bot thrie allanerlie, as ſaid is ; and lykewayes that ane be direct from every Preſbytrie in name of Barrones, and ane out of every 948 THE BOOKE OF THE 1597. burgh except Edinburgh, quhilk ſall have power to direct two Commiſ. fioners to the Generall Aſſemblie. Anent the ſupplicatioun givin in be the Towne of Dundie, craveing ane vther Miniſter to be appointit to them in place of William Chryſtefone, quho through age is not able to diſcharge his calling: The brethren thocht their defyre reaſonabill; and having appointit on the leits Mrs Johne Hall, Miniſter at Leith, and Robert Howie, Principall of the New Colledge of Aberdein, be pluralitie of vottis, Mr Robert Howie was chofin to be Min- iſter at Dundie, and ordainit to be tranſportit with all poſſible diligence. Becauſe it was reportit that the Miniſtrie of Orknay had dilapidat thair benefices be ſetting of tackis of the rent of the ſame, to the great hurt and prejudice of the kirks, Therfor it is ſtatute and ordainit, that none of the Miniſters of Orknay or 3etland fett any tacks of any part of the fruites of thair benefices, nor get give thair conſent to the tackis that ſalbe ſett be vthers, in any tyme comeing, vnder the paine of deprivatioun. Becauſe it was reportit be certaine of the brethren, that notwithſtanding of the actis of the Aſſemblies proceiding againſt ſaillors and traffiquers with Spaine, the ſaid traffique was not intermittit, Therfor the Aſſemblie or- daines the aëts made anent the ſaids traffickers to be put to farther execu- tioun in all points, but any reſpect of perſons. The Aſſemblie hes ordainit the Preſbitries of Dundie and Arbroth to ſummond befor them the Counteflis of Huntlie, Sutherland, and Cathnes, to ſubſcryve the Confeſſioun of Faith, vnder the paine of excommunicatioun ; quhilk ſummounds ſalbe execute be Mr William Paip, quho fall ſummound the Ladie Cathnes; Alexander Dowglas, the Ladie Huntlie; and George Monro, the Ladie Sutherland. The brethren ordaines the mixt Generall Aſſemblie to be haldin at Aberdein, the firſt Tueſday of July 1599 geirs. [By the Kings Proclamations the next General Aſſembly was appointed to be holden at Montroſſe in March. C.] 1600. UNIVERSALL KIRK OF SCOTLAND. 949 A. D. M.D.C. THE Generall Aſſemblie of the Kirk of Scotland haldin at Montrois, the 18 of Marche 1600 geirs: Quher the Kings Maieſtie being perſonallie preſent, were conveinit the Commiſſioners of Schyres. Seſſio 1a. Exhortatioun being made be Mr Peter Blackburne, Moderatour of the laſt Aſſemblie, Mrs Robert Bruce, Patrick Galloway, Robert Wilkie, Patrick Sharp, James Melvill, and Patrick Simfone, were appointit on the leits: Be pluralitie of votis Mr Robert Wilkie was eleētit Moderatour hac vice. Seſſio 2a, Eodem die. The Commiſſioners appointit in the laſt Generall Aſſemblie for viſita- . tioun of the kirks within every Preſbitrie, as are particularlie divydit in the ſaid Commiſſioun, being requyrit quhat diligence they had done in diſ. charge of the ſaid commiſſioun : It was anſuerit for the moſt part of them, that they were not able to diſcharge any part of the ſaid commiſſioun, in reſpect they wantit moyen to make thair expenſis during the tyme of the viſitatioun : and therfor the Aſſemblie thocht good that it ſould be meanit to his Maieſtie, that through inlake of expencis the worke of viſitatioun 950 THE BOOKE OF THE 1600. was lyke to ceaſe, and to crave that ſome remeid may be provydit therto. Forſameikle as it was regratit, that the act made in the laſt Aſſemblie, anent the ordinar keiping of Preſbytries, and the reſorting therto, was not regardit be fundrie of the Miniſtrie, and ſpeciallie be them of the Preſbi- tries of Air and Irwing: Therfor the Generall Aſſemblie ordaines the ſaid act to be put to executioun in all points, throughout all the Preſbitries within this realme ; and quhofoevir contemnes and violats the ſamein, after twyſe admonitioun, that he be ſuſpendit from his miniſtrie : ordaining the viſitors, that falbe appointit fra this Aſſemblie, to report to the nixt Aſ. ſemblie quhat diligence they find done, tuiching the keiping of the ſaid ačt. Seſſio 3a; 19 Martij. Anent the ſupplicatioun givin in be the Synodall of Galloway, making mentioun, that quher they had ane act for the erecting and bigging of ane kirk at the burgh of Stranrawer, within the Preſbitrie of Wigtoun, and an- nexatioun therto of the 20 pound land of the parochine of the Inche, lyand towards the coaſt of Ireland, pertaining to the Lairds of Garthland, Stran- rawer, Kinhilt, and Sorbie, with the 29-mark land of the parochin of Sal- ſett, the fyve mark land of Auchterlure, and fyve mark land of Stranrawer, as being moſt commodious for the inhabitants of the faid lands, for reſort- ing to the ſaid kirk for heiring of the Word ; vinto the quhilk erectioun and annexatioun forſaid, the heritours and kyndlie tennents of the ſaids lands, hes alreadie givin thair conſent: defyreand, therfor, the Generall Aſſemblie will ratifie and approve the ſame, as at mair lenth is conteinit in thair ſupplicatioun. The Generall Aſſemblie [ratifies and J approves the erecting [and annexatione] forſaid, of the ſaid Synodall of Galloway in all points. Becauſe the generall queſtioun was proponit to the haill Aſſemblie, quher congregatiouns are ſo ſpatious, that a great part therof may not commodiouſlie reſort to thair awin paroch kirk, be reaſon of the great diſ- tance of thair habitatioun therfra, If it be lawfull to ane number of the ſaid congregatioun to big ame new kirk, and intertaine a Paſtor at the ſame 1600. UNIVERSALL KIRK OF SCOTLAND. 951 vpon thair awin expenſis : The Generall Aſſemblie, after lang reaſoning, thinks it both lawfull and expedient, and declares they will affift the ſamein as a godlie wark, and will crave the ſamein to be ratified in Parliament, how ſo oft it fall occurre. Becauſe it was reportit, that a great number of gentlemen, and vthers of this realme, wilfullie and obſtinatelie abſtaines from the holie communioun ; ſome vnder collour of deadlie feids, and ſome for ſome vther licht cauſes: Therfor, for remeid of the ſaid abuſe, it is ſtatute and ordainit, That all Preſbitries, within this realme, give expreſſe charge and command to every particular Miniſter within thair bounds, charging them to take vp the names of all them within thair parochines, quho hes not communicat ilk geir anes at the leiſt; and therafter ſummond them [to compeir] befor the Preſbi- trie, to heir and fie themſelves decernit to communicat within thrie monethis nixt after the charge ; certifieand them and they failgie, the aët of con- ventioun made aganis non communicants falbe put to executioun aganis them : quhilk being done, and the ſaids perſons, non communicants, re- maining obſtinate, and the ſaidis thrie monethis expyred, that the Preſbi- tries delate the names of the ſaids non communicants to the Kings Maieſtie, to the intent the forſaid ačt of conventioun made againſt non communicants may be put to executioun aganis them : And in the parochin quher ther is no Miniſter, that this ordour be ſupplied be the Preſbitrie within the quhilk the ſaid paroch lyes. Forſameikle as it was heavilie lamentit in the Kings Maiefties preſence, that quhenas fundrie of the Miniſtrie were occupied in thair lawfull calling, in perſewing malefactours, ſuch as adulterers, murtherers, and vther flan- derous perſons, vrging them to purge [themſelves of] the ſlanders commit- tit be them, conforme to the ſtatutes of the Kirk, daylie obſervit within this realme, that at ſuch tymes they were drawin from thair calling, and chargit to compeir befor the Secreit Counſell, be letters privielie obtainit vpon falſe narratives be the ſaids ſlanderous perſons; quherby not only were they diſtraćtit from thair lawfull functiouns, but alſo the diſcipline of the Kirk and puniſhment of vyce [was] greatlie [neglectit and] contem- nit: Therfor the brethren of the Aſſemblie moſt humblie requeiſts his Maieſtie not to ſuffer ſuch contempt of the diſcipline of the Kirk, quher- by the brydle wald be loufit to all impietie and licentious living. To the quhilk his Maieſtie promiſt, that, in tyme comeing, no letters ſould 952 THE BOOKE OF THE 1600. be direct from the Secreit Counſell, at the inſtance of any perſon, aganis any Miniſter in particular, or any Preſbitrie in generall, for quhatſoevir thing he or they ſall doe in the executioun of their offices, befor the perſon, requyrer [of the ſaids letters, J produce ane teſtimoniall under forme of ane inſtru- ment de denegata juſtitia of the Miniſter or Preſbytrie judge ordinar. Seſſio 4* Eodem die, poſt meridiem. The brethren appointit to await vpon the Kings Maieſtie, for advyſeing of ſuch articles as ſould be cravit of the nixt Conventioun for taking ordour with Jeſuits, Papiſts, Seminarie Prieſts, &c., hes, with the Kings Maieſties advyſe, formed the articles vnderwrytin, to be givin in to the nixt Con- ventioun. 1. That all Jeſuits and Seminarie Prieſts, excommunicat and trafficking Papiſts, that fall happin, in any tyme comeing, to returne within the coun- trey, or that are preſentlie within the countrey, fall, immediatlie after thair delatioun to his Maieſtie, be apprehendit and put in ward, ther to be de- teinit ay and quhill they be convertit to the religioun, or els puniſchit ac- cording to the ačts of Parliament, or els removit aff the countrey. 2. That the refetters of obſtinate excommunicat Papiſts, and thair cheife friends and acquaintances, in whoſe houſes they haunt, be chargit to find catioun, vnder a pecuniall paine according to thair abilitie and rank, that they ſall no way receit nor intertaine the ſaid excommunicats. 3. That all excommunicat Papiſts be chargeit to ſatiſfie the Kirk within the ſpace of thrie monethis, vnder the paine of horning ; and if they fail- gie, to be denuncit therto, that thair eſcheitts and lyferents, in cace of geir and dayes rebellioun, may be intromettit with be his Maiefties Theſaurer, and not diſponit to any donatour. 4. That the Marqueis of Huntlie be chargeit to [exhibit and preſent before his Maieſtie and Secreit Counſell, John Gordoun of Newtoun, Pa- trick Butter, and Alexander Leſlie, according to his band, that they may be committit to ward ay and quhill they ſatiſfie the Kirk. Bonytoun (Songer, alledgit reſident within the Preſbitries of Ellon, Aberdeine, and Breichin, is ordainit be the General Aſſemblie to be con- veinit befor the Preſbitrie of Brechin, and ther to offer his ſatiſfactioun as to his judges ordinar. 1600. UNIVERSALL KIRK OF SCOTLAND. 953 Tarwes, and Methlik, kirks of the Synodall of Aberdeine, vpon the xj day of November 1597 geirs, with mutual conſent of the parochiners, and heri- tours of the lands to be interchangit and annexit, with conſent of the ſaid Synodall, excambit certaine lands, and annexit them in reſpect of the farre diſtance from thair awin paroch kirks, and contiguitie to the kirks quher- wnto they are annexit, but prejudice alwayes of thair rents of the Perſonage and Wiccarrage of the ſaids lands, to be payit to the auld Perſons and Vic- cars, as befor the ſaid excambion. The Generall Aſſemblie, at the defyre of the ſaid Synodall, ratifies and approves the ſaid excambion and alteratioun in all points, and ordaines the ſamein to take full effect. Forſameikle as diverſe and great inconveniences ariſes daylie through the vntymeous marriage of goung and tender perſons befor they come to age meit for marriage; and that ther is no law, nor ſtatute of the Kirk, [made] as get deſyning the age of perſons to be married : Therfor it is ſtatute and ordainit, that no Miniſter within this realme preſume to joyne in matrimonie [any perſones], in tyme coming, except the man be of fourtein geirs, and the woman of twelve geirs at the leiſt: ordaining lykewayes the Commiſſioners of the Generall Aſſemblie to deſyre this ſtatute to be ratified in the Conventione. Anent the queſtioun, Whither a man being blind may diſcharge all the parts of the office of a Paſtor; and in ſpeciall anent the admiſſioun of Mr Johne Boyle to the miniſtrie of Jedburgh, being blind : The Aſſemblie referres the anſuer of the generall queſtioun to the next Generall Aſſemblie. And as to the admiſſioun of the ſaid Mr Johne, referris it to the Com- miſſioners of the ſaid Generall Aſſemblie; and in the meanetyme diſcharges the ſaid Mr Johne fra vſing any part of the office of a Paſtour, except the preaching of the Word. Becauſe the mariage of perſons convićt of adulterie, is a great allurement to maried perſons to committ the ſaid cryme, thinking therby to be ſepa- rate from their awin lawfull halfe marrowes, to injoy the perſons with quhom they have committit adulterie : for eſchewing quherof, the Generall Aſſemblie thinks it expedient, that ane ſupplicatioun be givin in to the nixt Conventioun, craveand ane act to be made, diſchargeand all mariages of ſuch perſons as are convićt of adulterie; and that the ſamein be ratified in the nixt Parliament: ordaining the brethren appointit to awaite vpon the mixt Conventioun to give in this article with the reſt. 6 E 954, THE BOOKE OF THE 1600. Seſſio 6a, 20 Martij, poſt ineridiem. Forſameikle as, in the laſt Aſſemblie, ther was commiſſioun givin to every Synodall within this realme, to elect and chooſe out thrie of the wyſeſt of thair number, to be readie vpon his Majeſties advertiſement, and to conveine with his Hienes, and treat vpon ſuch heids, concerning vote in Parliament, as were not condiſcendit vpon in the laſt Aſſemblie, and, in cace of agriement, to conclude the haill matter; vtherwayes to referre the ſame to the nixt Aſſemblie, as at mair lenth is conteinit in the ſaid commiſ- fioun : conforme to the quhilk, the ſaids Commiſſioners being conveinit at Falkland, the 25 day of Julij 1598, they being rypelie advy fit with the heids following, gave thair advyce and concluſioun, as follows: 1. Concerning the maner of chooſing of him that fall have vote in Par- liament in name of the Kirk : It is condiſcendit vpon, that he fall firſt be recommendit be the Kirk to his Majeſtie; and that the Kirk fall nominat fixe for every place that ſall have neid to be filled, of quhom his Majeſtie fall chooſe ane, of quhom he beſt lykes ; and his Majeſtie promiſes, obleiſes, and binds himſelfe to chooſe no vther but ane of that number : And in cace his Majeſtie refuſes the haill vpon ane juſt reaſon of ane inſufficiency, and of greater ſufficiencie of vthers that are not recommendit, the Kirk fall make ane new recommendatioun of men according to the firſt number, of the quhilk, ane falbe chofin be his Majeſtie without any farther refuiſall or new nominatioun ; and he that ſalbe chofin be his Majeſtie, ſalbe ad- mittit be the Synods. 2. It is concludit, that the Generall Aſſemblie fall have the nominatioun or recommendatioun of him that, in the name of the Kirk, fall vote in Par- liament, quho fall take the advyce of the Synods and Preſbytries theranent, direct from them in wryte: and the Synod fall have libertie to nominat aſweill within thair province as without ; provyding that there be a man within the province meit for the place, caeteris paribus, he be preferrit to another. 8. Anent his rent : It is advyfeit, with one conſent, that the Kirk being plantit ſufficientlie, the Colledgis and Schooles alreadie erectit not prejud- geit, that the Kings Majeſlie fall provyde him to all the reſt that may be obtainit of that benefice, quherto he is preferrit. 1600. • UNIVERSALL KIR K OF SCOTLAND. 955 As to the cautions to keip him, that fall have vote in Parliament, from corruptiouns: They be theſe following: 1. That he preſume not, at any tyme, to propone at Parliament, Coun- ſell, or Conventioun, in name of the Kirk, any thing without expreſſe warrand and directioun from the Kirk, and ſick things as he fall anſwer [for] to be for the weill of the Kirk, vnder the paine of depoſitioun from his office: neither fall he conſent, or keip filence, in any of the ſaids Con- ventiouns, to any thing that may be prejudiciall to the weill and libertie of the Kirk, vnder the ſamein paine. 2. He fall be bound, at every Generall Aſſemblie, to give ane accompt anent the diſcharge of his commiſſioun fen the Aſſemblie gangand befor; and fall ſubmitt himſelfe to thair cenſure, and ſtand at thair determinatioun quhatſumever, without appellatioun ; and ſall ſeik and obtain ratificatioun of his doings at the ſaid Aſſemblie, vnder the paine of infamie and excom- municatioun, 3. He ſall content himſelf with that part of the benefice quhilk ſalbe givin in be his Majeſtie for his living, not hurting nor prejudging the reſt of the Miniſters of the kirks, within his benefice, plantit or to be plantit, or any vther Miniſter [of the countrie] quhatſumever; and this claus to be inſert in his proviſioun. & 4. He fall not delapidat in any wayes his benefice, neither make ſett nor diſpoſitioun therof, without the ſpecial conſent of his Majeſlie and Generall Aſſemblie: and for the greater warrand heirof, he fall interdyte himſelfe not to delapidat his benefice, nor conſent to delapidatioun thereof made be vthers to the Generall Aſſemblie; and falbe content that inhibitiouns be raiſed on him to that effect. - 5. He ſalbe bound faithfullie to attend vpon his awin particular con- gregatioun, quherat he ſalbe Miniſter, in all the points of a Paſtor; and heiranent ſalbe ſubjećt to the tryall of his awin Preſbitrie and Provinciall Aſſemblie, as any vther Miniſter that beares not commiſſioun. 6. In the adminiſtration of diſcipline, collatioun of benefices, viſitatioun, and all vther points of eccleſiaſticall government, he fall neither vſurpe nor acclaime to himſelfe any power or juriſdićtioun farther than any vther of the reſt of his breither, unleſſe he be imployit be his breither, Vnder the paine of deprivatioun : And in cace he vſurpe any part of eccleſiaſticall governement, and the Preſbitrie, Synodall, or Generall Aſſemblie, oppone 956 THE BOOKE OF THE 1600. or make any impediment therto; quhatſoevir he doe, after that impediment, to be null, ipſo faëto, without any declaratour. 7. In Preſbitries, Provinciall and Generall Aſſemblies, he fall behave himſelfe in all things, and be ſubjećt to their cenſureing, as any of the brethren of the Preſbitrie. 8. At his admiſſioun to his office of Commiſſioner, thir and all vther points neceſſar he fall ſweare and ſubſcryve to fulfill, vnder the paine of the penalties forſaids; and vtherwayes not to be admittit. 9. And in cace he be depoſit be the Generall Aſſemblie, Synod, or Preſ- bitrie, from his office in the Miniſtrie, he fall alſo tyne his vote in Parlia- ment, ipſo facto, and his benefice fall vaik. And farther cautions to be made as the Kirk pleaſes and finds occaſioun. Anent his name that for the Kirk fall [have] vote in Parliament: It is advyfeit, be vniforme conſent of the haill brether, that he falbe callit Com- miſſioner of ſuch a place ; and in cace the Parliament, be his Majeſties moyen, be induceit to acknowlege that name, it fall fland ſo : if not, the Generall Aſſemblie fall conclude this queſtioun anent his name. The queſtioun being demandit, Whither the commiſſioun of him that for the Kirk [ſall vote in Parliament, ſould indure for his lyfe tyme, ex- cept ſome cryme or offence interveine, or for a ſhorter tyme at the pleaſure [of the Kirk]: The Commiſſioners of the Provinciall Aſſemblies being of diverſe opiniouns, thoght good to referre this queſtioun to the mixt Ge- nerall Aſſemblie. Quhilks haill concluſiouns being red in preſence and audience of the haill Aſſemblie, and they being rypelie advyſeit therwith, ratified, allowit, and approvit the ſamein ; and thocht expedient that the ſaid cautiouns, together with fick v thers as ſalbe concludit vpon be the Aſſemblie, be inſert in the bodie of the aët of Parliament, that is to be made for confirmatioun of vote in Parliament to the Kirk, as moſt neceſſar and ſubſtantial parts of the ſamein. Anent the ſupplicatioun givin in be James Leirmonth, gonger of Dairfie, James Kynninmonth of that ilk, Johne Traill of Blebo, for themſelves, and in name of thair tennents, and vthers, parochiners of the paroch of Sanét Androes, makand mentioun, That albeit they are parochiners of the ſaid paroch kirk, lykeas they and thair predeceflours hes bein [continually ſub- jećt to the diſcipline of the ſaid kirk, and hes been] ever readie to vnderly 1600. UNIVERSALL KIRK OF SCOTLAND. 957 quhatſoevir burdein was impoſit for furtherance of the ſaid kirk, and con- curre with the reſt of the parochiners, according to thair rent and portioun of the ſaid paroch : nevertheles the Miniſtrie and Seſſioun of the ſaid kirk refuſes to ſuffer them and thair ſaids tennents to enjoy the benefits of the Kirk with the remanent of the ſaid paroche ; but debarres them from the heiring of the Word, receiving of the ſacraments, and benefite of marriage, within the ſaid kirk of Sanét Androes, but any reaſonable cauſe : De- ſyreand, therfor, ane command to the Miniſtrie and Seſſioun of the ſaid kirk of Sanét Androes to admitt the forſaids perſons and thair vaſſalls to the hearing of the Word in the ſaid kirk of Sanét Androes, and the injoy- ing of the haill remanent benefites of the Kirk, as at mair lenth is conteinit in the ſaid ſupplicatioun. The Generall Aſſemblie having confidderit the premiſſes, commands and ordaines the Miniſtrie and Seſſioun of the ſaid kirk of Sanét Androes to admitt the ſaids complainers, and thair vaſſalls and tennents, parochiners of the ſaid kirk, to the hearing of the Word, mariage, and receiving of the ſacraments of the Kirk, within the ſaid kirk of Sanét Androes, as thair proper paroch kirk, in all tyme comeing, ay and quhill thair awin conſent be obtainit in the contrair. Seſſio 7a, 21 Martij. Anent the ſupplicatioun givin in be the parochiners of Tulliebodie, make- and mentioun, Albeit the ſaid paroch of Tulliebodie be ane auld paroch, ſeparate from all vthers, having within itſelfe the number of foure or fyve hundreth communicants or thereby, and payes thair teinds to the Abbot of Cambuſkenneth, quho rigorouſlie exacts the ſame : Nevertheleſſe the Preſbitrie of Striveling hes, be thair ordinance, commandit the ſaid kirk of Tulliebodie to be vnittit to the Chappell of Alloway moſt wrangouſlie ; ſeeing the ſaids complainers, be ane anterior command of the ſaid Preſ. bitrie, not only reedified thair ſaid Kirk of Tulliebodie, but alſo, vpon thair awin charges, furniſchit a Paſtor to the ſaid kirk ; lykeas get they are moſt willing to doe, notwithſtanding thair teinds are moſt wrangouſlie led away be the ſaid Abbot, as ſaid is : deſyreing, therfor, thair ſaid ſupplica- tioun to be confidderit, and the ſaid unioun to be diſſolvit, as, at mair lenth, is conteinit in the ſaid ſupplicatioun. 958 THE BOOKE OF THE 1600. The brethren of the Preſbítrie of Striveling being callit to give a reaſon of this thair vnioun of the ſaid kirks, anſuerit, That the cauſe moving them was, Firſt, That both the ſaids parochines lay verie commodiouſlie to the ſaid kirk of Alloway: Secondlie, That the number of both the ſaids pa- rochines wald make but one ſufficient congregatioun : Thirdlie, That ther could not be ane ſtipend obtainit to the ſaid kirk of Tulliebodie, in ſo farre that at the defyre of the ſaids complainers, ther being ane Paſtour appointit to the ſaid kirk, vpon promiſe that they wold furniſch him a ſufficient ſtipend, he was forcit, for povertie, for to leave them : quheras, be the con- trair, be the vnioun of the ſaid two kirks, the Erle of Marre furniſches a ſufficient ſtipend to ane Paſtour, reſident at the ſame. The Generall Aſſemblie having confidderit the premiſſes, ratifies and approves the vnioun of the ſaids kirks of Alloway and Tulliebodie, and ordaines Alloway to be the paroch kirk in all tyme coming. Anent the ſupplicatioun givin in be the Preſbítrie of Deir, makand men- tioun, that quher the Laird of Phillorth having erectit ane Colledge vpon the towne of Fraſerburghe, and aggreit with Mr Charles Ferme to be both Paſtour of the ſaid burgh, and Principall of his Colledge ; quhilk burdein the ſaid Mr Charles refuſes to accept vpon him, without he be commandit be the Generall Aſſemblie: Deſyreand, therfor, ane command to be givin to the ſaid Mr Charles to accept both the ſaid charges, as at mair lenth is containit in the ſaid ſupplicatioun : The Generall Aſſemblie having at length confidderit the neceſſitie of the ſaid wark, and how the ſaid Laird of Phillorth hes refuſit to intertaine a Paſtour at the ſaid kirk, vnleſſe he vndertake both the ſaid charges, Ther- for commands [and charges] the ſaid Mr Charles Ferme to vndertake and awaite vpon, aſweill the ſaid kirk, as to be Principall of the Colledge of Fraſerburghe. Seſſio 8a, Eodem die. Forſameikle as the Commiſſioners of the Synodalls conveinit at Falkland, the 25 of Julij 1598 geirs, being of diverſe opiniouns concerning the con- tinuance of his commiſſioun that ſall have vote in Parliament, Whither he ſould indure for his lyfetyme, except ſome cryme or offence interveine, or 1600. UNIVERSALL KIRK OF SCOTLAND. 959 for a ſhorter tyme, at the pleaſure of the Kirk, they thocht good to referre the ſame to this preſent Aſſemblie : Therfor the Generall Aſſemblie having reaſonit at length the ſaid queſtioun, tuiching the continuance of him that fall have vote in Parliament, after votting of the ſame, finds and decernes, that he fall annuatim give count of his commiſſion obtainit from the Aſſem- blie, and lay downe the ſamein at thair feitt, to be continuit or alterit ther- . fra be his Maieſtie and the Aſſemblie, as the Aſſemblie, with conſent of his Maieſtie, fall think moſt expedient for the weill of the Kirk. It is ſtatute and ordainit, that name of them that fall have vote in Par- liament, fall come as Commiſſioners to any Generall Aſſemblie, nor have vote in the ſame in any time comeing, except he be authorizit with a com- miſſion from his a win Preſbitrie to that effect. It is found be the Aſſemblie, that crimen ambitus ſalbe a ſufficient cauſe of deprivation of him that fall have vote in Parliament. It is ſtatute and ordainit, that every Miniſter intimat this Generall Aſ- ſemblie, that the vote in Parliament is concludit be the Aſſemblie; and that name vtter ſpeich in pulpitt contrair the ſame. Forſameikle as it hes bein found neceſſar of before, and profitable for the weill of the Kirk, that certaine Commiſſioners be appointit fra Aſſemblie to Aſſemblie, whoſe ſpeciall care and travell ſould be to give thair advyce to his Maieftie in all affaires concerning the weill of the Kirk, and inter- tainment of peace and concord betuixt his Maieffie and the Kirk : Ther- for the Generall Aſſemblie, continowing in that ſame courſe, hes givin and grantit, lykeas be the tenour heirof gives and grants, thair full power and commiſſioun to Mrs Johne Strachane, James Nicolſone, Andro Mylne, Alexander Forbes, Alexander Dowglas, Robert Howie, James Melvill, Johne Caldeleuch, Robert Wilkie, Harie Livingſtoun, Alexander Lind- ſay, George Glaidſtanes, Robert Pont, David Lindſay, Robert Bruce, Johne Hall, Johne Clappertoun, Johne Knox, Andro Lamb, James Lowſone (Law 2) Johne Spottiſwood, Gawin Hamiltoun, David Barklay, Andro Knox, with the Kings Maiefties Miniſters, or any nine of them; Giveand, grantand, and committand to them thair full power to plant ſuch kirks in Burrogh Townes as are deſtitute of Paſtours; and in ſpeciall, the kirk of Leith, in place of Mr Johne Hall laſt removit therfra, and the ſouthweſt kirk of Edinburgh, vaikand be the deceis of vmquhile Mr Robert Rollock: to preſent the greives of this preſent Aſſemblie to the nixt Con- 960 THE BOOKE OF THE 1600. ventioun, and to receive the anſuers of the ſamein. And lykewayes, in cace his Maieſtie find himſelfe greivit at any enormities committit be any of the Miniſtrie, to try and cognoſce vpon the ſamein, and take ſick or- dour theranent as falbe meiteft to the glorie of God, and weill of the Kirk; to advyſe with his Maieſtie anent the effectuating of the conſtant platt : Promitten de rato &c. Thir are the Commiſſioners appointit to await on the Conventioun ; Mrs David Lindſay, Robert Bruce, James Nicolſone, Andro Lamb, William Couper, Alexander Lindſay, Johne Spottiſwood, with the Kings Maieſties Miniſters. Becauſe it was vnderſtand be the Aſſemblie, [that Mr Andrew Lamb, I Miniſter at Aberbrothok, was licklie to be tranſportit to ſome vther flock, quher his gifts micht profite the Kirk in ſome greater aboundance: Ther- for the Generall Aſſemblie gives licence to the ſaid Mr Andro Lamb to be tranſportit from the ſaid kirk of Aberbrothok. The ſaid day, the Generall Aſſemblie receivit and admittit Mr Thomas Hope to be Soliſter for the Kirk in place of James Mowat ; quho being perſonallie preſent, dimittit the ſame in the Aſſemblies hands, after the ſaid Mr Thomas had givin his oath of fidelitie in the ſaid office. Anent the proceſſe of appellatioun perſewit be James Lord Lindſay of the Byres, and remanent gentlemen and parochiners of the paroch kirk of Seiris, agamis the Preſbyteries of Couper and Sanét Androes, concerning the admiſſioun of Mr Robert Buchannan, Proveſt at Kirkheuch, to the Miniſtrie [at the kirk] of Seiris, and tranſportatioun of him from the kirk of Forgane in Fyfe : The brethren appointit to viſite the ſaid proceſs, having made thair report to the haill Aſſemblie, the rights, reaſons, and allegatiouns of all the ſaid pairties beeand [heard and confidderit, The General Aſſemblie decernes and ordaines the ſaid Mr Robert to remaine Miniſter at the ſaid kirk of Seiris: And ſick lyke gives thair power and commiſſioun to Mrs James Melvill, Robert Wilkie, James Nicolſone, Alexander Lindſay, and William Scott, giveand them power to elect and chooſe out a diſcreit man, with conſent of the ſaids parochiners of Seiris, to be adjoinit to the ſaid Mr Robert as Miniſter and fellow helper with him at the ſaid kirk of Seiris; with power alſo to them to modifie how mikle of his ſtipend ſalbe modified [payit Pl be the ſaid Mr Robert, and how mikle be the ſaids parochiners of Seiris. And in ſpeciall, the Aſſemblie 1600. UNIVERSALL KIRK OF SCOTLAND. 961 recommends vnto them thair brother, Mr William Symfone, Miniſter at Bruntiland. Forſameikle as there are diverſe parts of the countrey, that, for lake of viſitatioun, are become almoſt deſolate, Therefor the Generall Aſſemblie hes thocht good that certaine viſitours be direétit for viſiteing of the bounds of Kirkudbright and Wigtoun, Mrs David Barklay, Alexander Scrym- geour, and Nathan Inglis; of the bounds of Murray, Mrs George Hay and Andro Crombie; of the bounds of Orknay and Cathnes, Mrs Robert Pont, John Monro elder, and John Monro 3onger ; of the bounds of Roſſe, Mrs Alexander Dowglas, Johne Carmichaell, and William Scott; and for Nitheſdaile, Mrs Robert Wallace and Johne Welſche : with pow- er to them to inquyre in the lyfe, doćtrine, and qualificatioun of the Miniſ. trie within the ſaids bounds; to try the ſayers and heirars of meſſe with- in the ſamein : with power alſo to plant and tranſport Miniſters to ſuch places as they fall think moſt expedient for the glory of God and weill of the Kirk; and to report to the nixt Aſſemblie. Becauſe the Iland of Errone lyes moſt commodious and adjacent to the Preſbitrie of Irvin, Therfor the Generall Aſſemblie annexis the ſame to the ſaid Preſbitrie. Anent the ſupplicatioun givin in be the Preſbitrie of Migle, makand mentioun, That ſeeing the ſaid Preſbitrie had vnited the kirks of Eſſie and Neua to be and remaine a congregatioun vnder the charge of ane Paſtour, at ane kirk to be biggit in the mids of the ſaids two parochines; partlie in reſpect of the fewnes of the number [of] both the ſaids paroch- ines, not extending [to] the number of fyve hundreth perſons; partlie in reſpect of the commoditie of the place, ſeeing the fartheſt part of both the ſaids parochines will not be diſtant halfe a myle from the place, quher the ſaid kirk ſould be biggit ; and partlie in reſpect of the impoſſibilitie of moy- en to ſuſtaine two fundrie Miniſters at the ſaids two kirks: Deſyreing, therfor, ane ratificatioun of the vnioun in this Aſſemblie, together with a command to the brethren direct to the Eſtates conveinit at Perth, to crave the ſamein to be ratified in the ſaid Conventioun, as at mair lenth is con- teinit in the ſupplicatioun : The Generall Aſſemblie ratifies and approves the vnioun forſaid ; and ficklyke [ordaynes] the brethren appointit to gang to the Conventioun at Perth, to crave the ſaid vnioun to be ratified in the ſaid Conventioun. Anent the appellatioun perfewit be the Preſbitrie of Dumfermling fra 6 F 962 THE BOOKE OF THE 1600 the decreit pronuncit be the Synodall of Fyfe, haldin at Couper the 6 of Marche 1598, finding that the ſaid Preſbytrie had done wrong in planting of the kirk of Dalgatie with hurt and prejudice of the Kirk of Aberdoure, being the moſt great and populous congregatioun, and the haill ſtipend being but a meane ſtipend, and therfor decernand the haill ſtipend to remaine with the kirk of Aberdoure: The ſaid Preſbytrie of Dumfermling com peirand be Mr Johne Fairfull, Miniſter of Dumfermling, thair Commiſ- fioner, and the Commiſſioners of the Synodall of Fyfe being lykewayes preſent, with the Commiſſioners of the Towne of Aberdoure, the rights and reaſones of both the ſaids parties hard and confidderit, The Generall Aſſem- blie decernes and ordaines Mr William Patoun, Miniſter at Dalgatie, to ſerve the cure of both the ſaids kirks of Aberdoure and Dalgatie, and to have aſſignit to him for his ſervice thereat, the haill auld ſtipends of Aber- doure and Dalgatie befor the diviſioun therof, for the crope and gèir of God 1599, and geirlie in tyme comeing, ay and quhill ſufficient proviſioun may be gottin for planting of both the ſaids kirks. The Generall Aſſemblie grants libertie to Mr William Symfone, Miniſter at Bruntiland, to tranſport himſelfe from the ſaid kirk, in reſpect he hes ſervit therat thir many geirs bygane, but any ſtipend; and the Queines Ma- ieſtie and her Chamerlanes, quho was in vſe of payment of before of the Miniſters at the ſaid kirk, refuſes to make payment to the ſaid complainer of the ſamein : and therfor recommends him to the Synodall of Fyfe, to have confideratioun of him in planting of their kirks. The mixt Generall Aſſemblie is appointit to be haldin at Sanét Androes the laſt Tueſday of Julij 1601. [The General Aſſemblie appointit to be hauldin at Sanét Andros was be the Kings proclamation at Mercat croſſes, commanded to be keipit with him at Brunteyland in the monethe of May. C.] 1600. UNIVERSALL KIRK OF SCOTLAND. 963 A. D. M.DCI. THE Generall Aſſemblie of the Kirk of Scotland, haldin at Bruntiland, the 12 day of May 1601 geirs. In the quhilk the Kings Majeſtie with his Commiſſioners of the Nobilitie and Burrowes, were pre- ſent. Seſſio 1a. Exhortatioun being made be Mr Robert Wilkie, Moderatour [of the laſt Aſſemblie,1 the brethren proceidit to the eleētioun of ane new Moderatour: and Mrs Patrick Galloway, Patrick Simfone, Patrick Sharpe, Johne Hall, and James Robertſon, being put on leits; be pluralitie of votes Mr Johne Hall was choſen Moderatour hac vice. Seſſio 2* 14 Maij. The quhilk day the brethren having entrit in confideratioun of the ge- nerall defectioun from the puritie, zeale, and pračtiſe of trew religioun in all eſtates of the countrey ; and how that the ſame muſt of neceſſitie, at laſt, be concludit either in Papiſtrie or Atheiſme, within ſhort ſpace, in the righteous judgement of God, except ſome ſubſtantious remeid be provydit therto in tyme ; and becauſe the evill cannot be weill curit unleſſe the ori- ginall fprings and [ſpeciall] cauſes therof be rypit up : Therfor the bre- 964 THE BOOKE OF THE 1601. thren, after mature deliberatioun and weying of the cauſes of the ſaid de- fe&tioun, hes found the principall cauſes therof to be, as followes. Cauſes of the defectioun from the puritie, zeale, and pračtiſe of true religioun in all eſtates of the Countrey : And how the ſame may be moſt effectuallie remeidit. The principall cauſe of this fearefull change, no doubt, is the juſt wrath of God kindlit againſt the haill land for the vnreverent eſtimatioun of the Goſpell, and for the fins of all eſtates, and diſhonouring of thair profeſ. fiouns, and making the name of God to be blaſphemed through the profane world without remorſe. Laik of care and diligence vpon the part of the Miniſtrie, in the diſcove- rie of them that makes apoſtaſie to Papiſtrie ; and negligence in executioun of the lawis and diſcipline aganis fick as happins to be diſcoverit. Want of Paſtours, and vnplantit kirks, and diſplanting of kirks, quhilk hes bein provydit, be diminutioun of the Thrids. Neglecting of places that are of cheifeſt importance to the intereſt of re- ligioun, in not planting ſufficient Paſtours therat, fick as [are] her Majeſ- ties houſe, the Princes houſe, the Erles of Huntlie, Erroll, and Angus houſes, and places of thair cheifeſt reſidence; the Lord Hoomes houſe, the Lord Herries houſe, and cheife places of thair—reſidenee ;-the-towne of Dumfreis, and vthers of the Nobilitie and [of] greateſt power within the countrey. The ovir haſtie admiſſioun of men to the Miniſtrie, befor they be knowin to be of ſufficient gifts and experience to diſcharge fruitfullie that high call- ing [in] thir difficile tymes. The negligence of the Miniſtrie in advancing of thair knowledge, be ever continuall and conſtant reiding of the Scriptures, and controverſies of the tyme ; quherthrow they might be able to bring the conſciences of thair auditors in ſubie&tioun to the obedience of the Goſpell, and convince of the adverſarie. Negligence in the lyves of the Miniſtrie, not frameing thair converſa- tioun in gravitie as paterns of lyfe to the peiple ; bot frameing themſelves exceſſively to the humours of men, eſpeciallie in communicatioun at tables, and giving ſometymes examples of intemperance, [and] in the light and prodigall abulzements of thair families. 1601. UNIVERSALL KIRK OF SCOTLAND. 965 The diſtraćtioun of mynds quhilk is ſuppoſed to be in the Miniſtrie ; [and] the diſtraćtioun quhilk is ſuppoſed to be of his Majeſties mynd from ſome of the Miniſtrie. The advancing of men ſuſpect in religioun, and knawin to be evill affectit to the good cauſe, vnto offices, honours, [and] credit in Court, Counſell, and Seſſioun, and vther rowmes of great importance within the countrey. The deſolatioun of the Kirk of Edinburgh through the want of Paſ- tours. The continuall reſidence and intertainment of the Ladie Huntlie, a knowin and profeſt Papiſt, of Margret Wood, ſiſter to the Laird of Bony- toun, and vthers knawin and profeſt Papiſts, in his Majeſties Court and companie. The education of thair Majeſties children [in] the companie of obſtinat and profeſt Papiſts, fick as the Ladie Livingſtoun. The negligent educatioun of the children of noblemen, and fending them out of the countrey vnder the charge of paedagogues ſuſpect in reli- gioun, or, at the leiſt, not weill groundit and confirmit therin, to be brocht vp and inſtrućtit in places quher Papiſtrie is profeſt. The impunitie of ſkippers, mariners, and awners of ſhipes, that, vnder the name of paſſingers, tranſports from vther places, and brings within the countrey Seminarie Prieſts, Jeſuites, and vther traffiqueing Papiſts, with thair coffers, and bookes; aud the impunitie of ſick quho convoyes and ſparſells the bookes through the countrey. - The decay of Schooles and of the educatioun of the gouth in knowledge of good letters and godlines, ſpeciallie a land wart, for lake of proviſioun ſufficient to intertaine a qualified Schoolemaſter in places neidfull. That men ſuſpect in religioun, and challengit therfor be thair Preſbytrie and Paſtours, hes acceſſe to Court dureing the tyme of thair proceſſe. That the late reconcileit Papiſts are not vrgeit to performe the condi- tiouns aggreit to be them at thair reconciliatioun to the Kirk. Remedies of the former Evills. The Generall Aſſemblie, having entrit in the confideratioun of the cauſes of the ſaid [great and fearefull defectioun of all eſtates of perſons within this land from the true and ſincere profeſſion of the Goſpell, [preſentlie] 966 THE BOOKE OF THE 1 (jQ1. founding within the ſame ; and having found the principall cauſes of this change to be, no doubt, the juſt wrath of God kindlit againſt this land, for the vnreverent eſtimatioun of the Goſpell, and for the fins of all eſtates, and for the diſhonouring of their profeſſioun, and making the name of God to be blaſphemit be the profane world without remorſe: quhilk horrible judgements hes fallin in every eſtate, for the contemptuous heiring of the Word of God, in ſo farre as ther is none hes worthilie eſteinmit the ſaid pre- cious Word according to the dignitie therof: Therfor, and for removing of the former evills, and cauſes, and farther judgements, if they be not pre- ventit be ſpeidie repentance, the Aſſemblie hes [concludit and Jordainit a generall humiliatioun to be keipit ſolemnlie throughout the haill land, with faſting and prayer in all ſeverall congregatiouns, two ſeverall Sabboth dayes, both in burgh and land, within the realme; and lykewayes in burrow townes, throughout the haill weik betuixt the ſaids two Sabboths; and the cauſe of the ſaid humiliatioun to be [intimat to be] only the fins of the land, be the quhilk the profeſſioun of the Goſpell hes bein diſhonourit, and the wrath of God provockit; quhilk generall humiliatioun is ordainit to be vpon the laſt two Sabboth dayes of Junijnixt to come. The vnplantit kirks wald be effectuallie recommendit to his Majeſties care, whoſe authoritie only is able to accompliſh that worke; and, for the better furtherance therof, that his Majeſtie wald cauſe take heid that the thrids be keipit vnvitiat. - Nothing more neceſſar nor to have his Majeſties houſe, the Princes houſe, the Erles houſes, and places of thair reſidence, and vthers places of chiefeſt importance, as the Towne of Dumfreis, to be weill plantit with learnit, wiſe, and godlie perſons: and quher the laik of proviſioun mycht be a hinder to the preſent planting, as at the Erles houſes, it were requi- ſite for a time, that the meiteſt for that purpoſe, not being in places quher the cauſe may be ſo farre intereſt be the want of a refident Paſtour, ſould be tranſportit fra thair awin places, to remaine for ane quarter or halfe ane geir, that ane ſubſtantious meane may be found out for ane con- fiant proviſioun and planting of theſe rowmes, be whoſe labours, in the meane tyme, the Erles and thair families might be confirmit in the trueth, and the enemies debarrit from thair companies, and therafter to returne to thair awin charges; the Preſbytries, in the meanequhill, taking ordour for the helping of thair kirks in the tyme of thair abſence: And to that effect, ordaines Mr George Glaidſtanes to be direct to awaite vpon the Erle of 1601. UNIVERSALL KIRK OF SCOTLAND. 967 Huntlie ; Mrs Alexander Lindſey and William Couper vpon the Erle of Erroll; Mrs James Law and Johne Spottiſwood vpon the Erle of Angus; Mr Johne Carmichell vpon the Lord Hoome; Mrs David Lindſey and Johne Hall vpon the Lord Herreis. That ane petitioun be givin in to his Majeſtie and Secreit Counſell, de- ſyring, that theſe quhom his Majeſtie knowis, or ſall know heirafter, to deale in favours of profeſt traffiqueing Papiſts farther nor the lawes of the coun- trey fall permitt, ſalbe countit and haldin as men ſuſpect in religioun, and fall not have the honour to be in his Majeſties houſe, Counſell, or Seſ. fioun. Item, That it be craveit lykeways of his Majeſtie and Secreit Counſell, that all Papiſts, men and women, challengit be the Kirk for thair religioun, and not ſatiſfieand the Kirk for the ſame, be diſchairgit from reſort to court, quhill they have ſatiſfied, and bring from the Preſbytrie of thair bounds a ſufficient teſtimoniall of thair obedience. Item, For diſcovering of the adverſaries of the true religioun lurking within this countrey, it is ordainit, that every Preſbytrie, immediatlie after the diſſolving of this preſent Aſſemblie, take vp the names of the non com- municants within thair bounds, and ſend them to his Majeſties Miniſters with all expeditioun, ſubſcryvit be the Moderatour and Clark of the Preſ- bytrie, and Miniſter of the paroch; and that from this tyme furth, at every Provinciall Aſſemblie, the names of the non communicants be tane vp, and ſent to his Majeſties Miniſters. Item, That it be inquyrit ament the late reconcilit Lords to the Kirk, be the Preſbytries quher they make reſidence, whither they have keipit and performit the articles ſubſcrivit be them at thair receiving, and that they be vrgit ſeverallie to performe every ane of the ſaid articles; and if they re- fuſe, that the Preſbytries certifie the Kings Majeſties Miniſters therof. Item, For eſchewing of farther evill quhilk might come to the eſtate of the religioun be the evill educatioun of the gouth foorth of the country, it wald be cravit of his Majeſtie and Secreit Counſell, that ſuch noblemen and vthers as directs a paedagogue with thair ſonnes furth of the countrie, that thair paedagogue be knowin godlie and of good religioun, [learnit] and inſtructit in the ſamein, and approvit of his religioun be the teſtimo- niall of his Preſbitrie : that thair remaining out of the countrey be in the places quher the religioun is preſentlie profeſt, or, at the leaſt, quher ther is no reſtraint of the ſame be the crueltie of Inquiſitioun : that dureing the 968 THE BOOKE OF THE 1601. tyme of thair abſence they fall not haunt any idolatrous exerciſe of reli- gioun : and ſuch [as] hes not the moyen to ſuſtaine a paedagogue with thair ſons foorth of the countrey, that they ſend them to ſuch parts quher ther is no reſtraint [of religioun : and in caice thair ſonnes, after thair de- parting out of the countrey, haunt theſe parts quher the profeſſion of the trew religioun is reſtrainit, that they find caution not to intertaine them : And in cace any that paſſes out of the countrey imbrace any religioun ex- cept that quhilk is preſentlie profeſt within this realme, that they fall not be able to bruik moyen, heritage, honours, nor offices, within this realme; and this to be ane exceptioun aganis the ſervice of thair breives, and at the tyme of admiſſioun of them to any office or honours: And in cace any of thair parents contraveine any of the premiſſes, that they incurre ſuch paine as his Majeſtie and Secreit Counſell fall modifie; and that ſuch as are already out of the countrey, [either] be callit back againe befor ane day to be appointit be his Majeſtie and Secreit Counſell, or els that thair parents be ſubject to the lyke conditiouns befor ſett downe. Item, it wald be craveit of his Majeſtie and Secreit Counſell, that all ſkippers, mariners, and awners of ſhips, be inhite that they bring in any Jeſuites, Seminarie Prieſts, declarit fugitive traitours and rebells within the countrey, bot ſuch as they know to be of true religioun, or hes ſufficient teſtimoniall of the homeſtie of thair religioun fra the places quher they have —bein-converſant, vnder the paine of eſcheiting thair haill goods; and vnder the ſame paine, that they delyver them in the hands of the Magiſtrat of the towne or port, quher they fall happin to arryve at, ther to be keipit, ay and quhill they be examinat and tryed, and his Majeſties warrand obtainit for thair libertie after they have bein tryed [and fand] honeſt in religioun ; and fall keip them, thair bookes, goods, and geir in ſhipboord, ay and quhill they receive ane warrand from the ordinar Magiſtrate for the releiv- ing of the ſame ; and to that effect, that they ſett none vpon land bot in commoun ports, quher ther is ane Magiſtrate to receive the paſſengers from thair hands. Item, That his Majeſtie be dealt earneſtlie with anent the removeing of his dochter out of the Ladie Levingſtouns companie, in reſpect of her ob- ſtinate continueing in the profeſſioun of Papiſtrie: for the quhilk cauſe, his Majeſtie being requeiſted [be] the haill Aſſemblie, promiſed that his Hienes dochter ſould be tranſportit, betuixt and Mertimes nixt to come, to his awin houſe. 1601. UNIVERSALL KIRK OF SCOTLAND. 969 And becauſe the non planting of kirks is a great part of the wyte of the defeótioun from the puritie of religioun ; and that the beſt way for the plant- ing of the ſaids kirks, is the furtherance of the conſtant platt for locall ſti- pends to be appointit to every kirk within this realme: Therfor the Aſſem- blie hes ordainit the brethren following, viz. Mrs David Lindſay, James TNicolſone, Robert Pont, Patrick Galloway, George Glaidſtanes, Johne Nicolſone, or any thrie of them, to conveine [upon the firſt day of Junij] with my Lords Chancellar, Secreitar, Preſident, Collector, Comptroller, Sir Patrick Murray, and Mr George Young, to treat and advyſe on fick overtures as, be thair commoun conſent, ſalbe found moſt meit and expedient for advancing of the ſaid work of the conſtant platt, and to lay downe ſuch grounds as they fall find moſt meit and profitable for proſecuting of the ſame ; and to report thair diligence to the nixt Aſſemblie. Seſſio 3a, Eodem die. The Kings Majeſtie having declarit his intentioun and deſyre to have a Miniſter for his Hienes houſe, in reſpect of the deceiſe of Mr Johne Craig, and Johne Duncanſones old age, and another to the Queines Majeſties houſe, and ane vther to the Princes houſe, the Aſſemblie nominat for his Majeſties and the Queines houſe Mrs Henrie Blyth, John Fairfull, Peter Hewat, and Andro Lamb ; for the Princes houſe, Mrs James Nicolſon, James Law, and Johne Spottiſwood. [The Aſſemblie ratifies the aëts made in the Aſſemblies of befor, anent the diſcharging of particular applicatiouns to be made in the exerciſes; and of the forbidding of goung men not admittit to the Miniſtrie to preach in the cheife places of the countrey ; and ordaines the ſame to be put in exe- cutioun, under the paine of incurring the cenſures of the Kirk. C. & B.] Seſſio 4° 15 Maj. The Aſſemblie adjoynes the Preſbítrie of Kirkudbright to the Miniſtrie of Nithiſdaill, ay and quhill ther be fick a number of kirks plantit within the ſaids bounds as may conſtitute a laufull Preſbytrie among themſelves. The Aſſemblie ordaines the Commiſſioners to recommend vnto his Ma- 6 G 970 THE BOOKE OF THE 1601. jeſtie the proviſion of competent livings to the ſaids kirks; and nominates Mrs Johne M*Birney, George Greir, and William Airthur, to be plantit therat. Anent the queſtioun referrit fra the Preſbytrie of Couper to this preſent Aſſemblie, concerning the cauſe perfewit be the ſaid Preſbytrie aganis Eliza- beth Pitcairne, for ſatiſfactioun of the adulterie committit be her, and pro- vin againſt her, conforme to the decreit of the forſaid Preſbytrie; quho being vrgeit to ſatiſfie the Kirk therfor, producit ane decreit of adherence obteinit againſt her huſband befor the Commiſſars of Edinburgh, ordaining her huſband to adhere to her, and be conſequence exonering her of adul- terie : The Aſſemblie ordaines the Preſbytrie to put thair awin decreit to executioun, notwithſtanding the decreit of adherence. *: Anent the citatioun vſit be the Preſbytrie of Couper aganis the auld Laird of Kynneir, to have anſuerit for the abuſing of Mr Robert Inſhaw, Miniſter of Kilmanie, in the ſolemnizating of the mariage of his dochter, and in antedating of ane teſtimoniall ſent to Mr Henrie Balfour, Miniſter at Colleſfie: The Aſſemblie, in reſpect of the Laird of Kynneirs abſence, referris the tryall of the ſaid matter to the Preſbytrie of Couper. Seſſio vltima. 16 Maij. It being meanit be fundrie of the brethren, that there was fundrie errours that merited to be correótit in the vulgar tranſlatioun of the Byble, and of the Pſalmes in meetter; as alſo that ther are fundrie prayers in the Pſalme Booke quhilk wald be altered, in reſpect they are not convenient for the tyme: In the quhilk heids the Aſſemblie hes concludit as followis: Firſt, Anent the tranſlatioun of the Byble: That every ane of the brethren quho hes beſt knowledge in the languages, imploy thair travells in fundrie parts of the vulgar tranſlatioun in the Byble, that neids to be mendit, and to conferre the ſame together at the Aſſemblie. Anent the tranſlatioun of the Pſalmes in meeter; It is ordainit, that the ſame be reviſit be Mr Robert Pont, Miniſter at Sanét Cuthberts Kirk, and his travells to be reviſit at the nixt Aſſemblie. It is not thocht good that the prayers alreadie contenit in the Pſalme Booke be altered or delatit; bot if any brother wald have any vther prayers 1601. UNIVERSALL KIRK OF SCOTLAND. 971 eiked, quhilk are meit for the tyme, ordaines the ſame firſt to be tryed and allowed be the Aſſemblie. - The Generall Aſſemblie, for cauſes and confideratiouns moving them, hes ordainit Mrs James Balfour, Walter Balcanguell, and William Wat- fone, to be tranſportit out of thair awin places of thair Miniſtrie in Edin- burgh, and plantit in ſuch places as the Commiſſioners deput be this preſent Aſſemblie think expedient : And lykewayes ordaines the ſaid Commiſ. fioners to plant ſuch vthers of the Miniſtrie in thair places in the Kirk of Edinburgh, as falbe found expedient for the advancement of the glorie of God within the ſame. The Commiſſioners for the Towne of Edinburgh, viz. Johne Johnſtoun and George Heriot, proteſtit in the name of the ſaid Towne, that ſeeing the Generall Aſſemblie hes ordainit thair Miniſters above namit to be tranſportit furth of Edinburgh, the ſaid Towne ſould be frie of thair bur- dein fra this tyme of thair preſent tranſportatioun ; and that the ſaid tranſ- portatioun ſould not be prejudiciall to them in any tyme heirafter, bot that they might be repomit in thair awin places, quhen it ſould pleaſe his Majeſtie and the Kirk to lyke weill therof: quhilk proteſtatioun his Majeſtie and the haill Aſſemblie willinglie aggreit vnto ; quhervpon the ſaid Commiſſioners aſkit inſtruments. The Aſſemblie hes ordainit, that, in every Aſſemblie to be conveinit in all tyme comeing, ſuch as fall happin to be appointit Commiſſioners from the Generall Aſſemblie to indure quhill the Aſſemblie mixt therafter, fall give ane accompt of thair proceidings dureing the haill tyme of thair com- miſfioun, in the beginning of the Aſſemblie, befor any vther cauſe [or mat- ter] be handlit ; and thair proceidings to be allowit or diſſallowit as the Aſſemblie fall think expedient. The Generall Aſſemblie having rypelie weyit the neceſſitie of the ap- pointing Commiſſioners fra this preſent Aſſemblie, not only to advyſe and awaite vpon ſuch affairs as falbe for the weill and vtilitie of the Kirk of God, bot alſo for giving advyſe to his Majeſtie anent the halding furth of the enemies of the ſamein, quhen they ſalbe requyrit be his Hienes therto: Therfor, the brethren conveinit in this Aſſemblie hes givin and grantit, lykeas, be the tenour heirof, gives and grants thair power and commiſſioun to thir brether, viz. Mrs Alexander Dowglas, Johne Strauchane, Peter Blackburne, George Monro, James Nicolſone, Andro Leitch, Alexander 972 THE BOOKE OF THE 1601. Forbes, Patrick Simfone, William Couper, Alexander Lindſay, George Glaidſtanes, William Scott, Johne Caldcleugh, Robert Wilkie, David Lind- ſay, Robert Pont, Johne Spottiſwood, Johne Hall, James Law, Johne Knox, Johne Abernethie, Johne Hay, Gawin Hamiltoun, Alexander Scrymgeour, David Barklay, and the Kings Majeſties Miniſters, or any myne of them ; giveand, grantand, and committand vnto them thair full power to plant ſuch kirks in Burrow Townes as are deſtitute [of Paſtours] in generall, and ſpeciallie to plant the Kirk of Edinburgh, quhich is vacand be tranſportatioun of the Miniſters therof; with power alſo to plant Mrs James Balfour, Walter Balcanguell, and William Watſone, Miniſters tranſ. portit out of Edinburgh, with his Majeſties advyce, in ſuch convenient places as they ſould find expedient for the glorie of God; with power alſo to tranſport any of the Miniſtrie within the realme from thair awin places quher they preſentlie ſerve, and to plant them in the ſaid vacand places of the Kirk of Edinburgh; in the planting quherof they ſall take the advyce of the Preſbytrie of Edinburgh, according to the aëts and ſtatutes of the Generall Aſſemblie made of befor: Attour, If it ſall happin the Kings Majeſtie to be greivit at any of the Miniſtrie for quhatſoevir enormitie committit be any of them aganis his Majeſtie, with power to them, or any nyne of them, as ſaid is, to try and cognoſce thervpon, and to take ſuch ordour theranent as they fall find moſt meit to the glorie of God and weill of his Kirk: - - - And, finallie, with power to them to preſent the greives and petitiouns of this preſent Aſſemblie to his Majeſtie and Secreit Counſell, and generall Conventioun of the Eſtates and Parliaments, if any fall happin to be; and to crave redreſſe of the ſamein : Promitten de rato. The Aſſemblie ordaines Mrs James Nicolſone, James Robertſone, Alex- ander Lindſay, and William Couper, to take tryall anent the vnioun of the kirk of Forgundie to the paroch of Arngoſk; and if they find the ſamein to have bein done of auld, and [to be] commodious for the peiple, to ratifie the ſame. Forſameikle as, in the Generall Aſſemblies haldin of before, it hes bein verie wifelie confidderit, that ther hes bein nothing more profitable for ad- vancing of the glorie of God by the preaching of the Goſpell, then appoint- ing of Commiſſioners for every ſchyre within this realme, whoſe care and diligence fould be partly to try the life, doćtrine, and manner of converſatioun of the Miniſtrie in the bounds committit to thair viſitatioun ; and partly to 1601. UNIVERSALL KIRK OF SCOTLAND. 973 plant the kirks quhilk as get ly deſtitute of the comfort of the Word, be dealing with ſuch as hes the Kirk livings in thair hands, for ane reaſonable moyen to ſuſtaine a Miniſter at every kirk within this realme: quhilk love- able cuſtome this preſent Aſſemblie being myndfull to proſecute, therfor hes givin and grantit, lykas, be the tenour heiroſ, gives and grants thair full power and commiſſioun to thir brethren, [to viſit the bounds particularly after ſpecified, viz. to Mrs Robert Pont and Robert Durie for Orknay and 3etland; to Mr George Glaidſtanes for Cathnes and Sutherland; to Mrs Alexander Dowglas and Alexander Rawſone for Roſs; to Mrs George Hay and Andro Crumbie for Murray; to Mr George Glaidſtanes for Aberdein ; for Angus and Merns, Mrs Robert Wilkie and James Nicolſone; for Perth and Stratherne, Mrs Thomas Dowglas and Johne Fairfull ; for Fyfe, Mrs James Nicolſone and Robert Howie ; for Louthian, Mrs Patrick Simfone and Harie Livingſtoun; for Mers and Teviotdaile, Mrs James Gibſone and Adame Colt ; for Cliddiſdaill, Mrs David Lindſay and Johne Spottiſwood; for Irwing and Air, Mrs Gawin Hamiltoun and Andro Knox; for Annandaill, Mrs Johne Knox, Patrick Shaw ; for Nitheſdaile and Galloway, Mrs David Barclay, Alexander Scrymgeour, and Nathaniel Inglis: with power to them to try the breth- ren of the Miniſtrie within the bounds particularlie above deſignit, in thair lyfe, doctrine, qualificatioun, and converſatioun ; and how they have be- havit themſelves twiching the rents of thair benefices, whither they have ſett tacks of the ſame, but conſent of the Generall Aſſemblie, or not, and ſo dilapidat the ſame ; to depoſe ſuch as deſerves depoſitioun ; to plant Mi- niſters in ſuch places as hes not bein plantit heirtofoir : and to that effect to deale with the takſmen of every paroch kirk for proviſioun of ane Mi- niſter to thair kirks; and to report to the nixt Generall Aſſemblie ane anfuer of the takſmen in write, containing the planting of the kirks quher- of they poſſeſſe the teinds; and to report thair diligence to the nixt Aſſem- blie ; Prommitten de rato. The nixt Aſſemblie is appointed to be haldin at Sanét Androes, the laſt Tueſday of Julij, the geir of God 1602 geirs. [The General Aſſembly appointed to be haldin at Sanét Androes the laſt Tueſday of July, was prorogued be the King to the tenth of November by proclamations at the Mercat Croſſes. C.] 974 THE BOOKE OF THE 1602. A.D.MDCII. THE Generall Aſſemblie of the Commiſſioners from the Preſbitries of the Kirk of Scotland, haldin at Halierudehous the 10 of November 1602: In the quhilk, the Kings Majeſtie being perſonallie preſent, were conveinit the Commiſſioners following. CoMMISSIon ERs witH THE KING. The Secreitar. Comptroller. Theſaurer. Sir Patrick Murray. Colle&tour. For the Miniſtrie, ORKNAY. Mr Robert Pont. CATHNEs. Mr George Glaidſtanes. Rose, MURRAY. Mr Alexander Rawſone. 1602. UNIVERSALL KIRK OF SCOTLAND. 975 ABERDEIN. Mr Peter Blackburne. Mr Johne Roſs. Mr Archibald Blackburne. Mr James Milne. Mr David Rait. Mr Abraham Sibbald. Mr Richart Roſs. Mr Alexander Hay. Mr John Strauchane. MERNEs. Mr John Erſkine. Mr James Sibbald. Mr Alexander Forbes. BRECHINE. Mr Andro Leitch. Mr Joſua Durie. Mr Johne Merſchell. - ABERBROTHock. Mr Patrick Lindſay. Mr Henrie Philip. Mr Arthur Foothie. - DUNDIE. Mr Robert Howie. Mr Andro Clayhills. MEGLE. Mr James Anderſoun. Mr David Browne. Mr Johne Barclay. PERTH. Mr James Roſs. Mr Alexander Hoome. Mr Archibald Moncreiff. Mr Johne Edmeſtoun. Mr William Row. Mr William Glaſſe. Mr Adame Ballandyne. Mr Silveſter Rattray. 976 1602. THE BOOKE OF THE Mr James Melvill. Mr John Carmichell. SANCT ANDROES. Mr Robert Durie. VNIVERSITIE THEROF. Mr Thomas Douglas. Mr Robert Buchannan. Mr William Scott. Mr Johne Michelſone. — — Mr Johne Fairfull. Mr Johne Cauden. Mr James Balfour. Mr Walter Balcanguell. Mr Thomas Peebles. Mr Robert Cornwell. Mr George Ramſay. Mr Archibald Simſone. Mr James Mertin. CoupeR. Mr William Cranſtoun. KIRKADIE. Mr David Spens. DUMFERMLING. Mr Edmond Myles. --— EDINBURGH. Mr William Aird. LITHGow. Mr George Inglis. DALKEITH. Mr Adam Colt (Scot?) 1602. UNIVERSALL KIRK OF SCOTLAND. 977 HADDINGToUN, DUMBAR. Mr Edwart Hepburne. Mr Richard Ogill. PEBLEs. Mr Johne Ker. MERs. Mr Johne Clappertoun. Mr William Clerk. Mr Tobias Ramſay. Mr Johne Knox. Mr William Methven. Mr James Dais. Mr Alexander Gaites. Mr Johne Smith. Mr Johne Abernethie. GLASGow. Mr Andro Boyd. Mr Williame Levingſtoun. VNIVERSITIE THEREof. Mr Patrick Sharp. PAISLAY. Mr Johne Hay. DUMBARTAN. Mr William Simföne. HAMILTOUN. Mr Johne Howiſone. Mr Patrick Walkinſchaw. 6 H 978 THE BOOKE OF THE 1602. LANERICK. Mr William Birnie. Mr Robert Bannatyne. AIR. Mr George Dumbar. Mr Johne Welſch. Mr Nathan Inglis. IRWING. Mr Hew Fullertoun. DRUMIFRIES. Mr Robert Hunter. Mr Richard Browne. Mr Johne Browne. KIRKKUDBRYT. Mr William Hamiltoun. WIGTOUN. Mr Robert Wallace. Mr Mathew Reid. BURRowis. EDINBURGH. Mr Johne Robertſone. Mr George Heriot. DUNDIE. Mr William Ferguſone. 1602. UNIVERSALL KIRK OF SCOTLAND. 979 SANCT AND Roes. Mr William Ruſſell. LEITH. Mr Jerome Lindſay. Mr David Orok. BRUNTILAND. Patrick Greiff. CoMMIssionERs of THE GENERALL ASSEMBLIE. Mr Alexander Dowglas. Mr Robert Wilkie. Mr George Monro. Mr David Lindſay. Mr James Nicolſone. Mr Johne Hall. Mr Patrick Simfone. Mr James Law. Mr William Couper. Mr Gawin Hamiltoun. Mr Alexander Lindſay. Mr Alexander Scrymgeour. Mr Johne Spotiſwood. Mr David Barklay. Mr Johne Calcleugh. Aéta Seſſione prima. Exhortatioun being made be Mr Johne Hall, Moderatour of the laſt Aſſemblie, the Aſſemblie, after the accuſtomit manner, proceidit to the electioun of the Moderatour of this preſent Aſſemblie; and, after nomina- tioun of the brethren following, viz. Mrs Patrick Sharp, Patrick Galloway, James Balfour, and Johne Carmichaeil, out of the quhilk number the Mo- deratour ſould be choſin; be pluralitie of votis the ſaid Mr Patrick Gallo- way was choſen Moderatour hac vice. The houres appointit to conventioun, to be nyne houres of the morning for the privie conference ; and elevin houres for conveining of the Aſſem- blie, and to fitt quhill four houres afternoone. The Aſſeffours appointit to conveine with the Moderatour in the privie 980 THE BOOKE OF THE 1602. conference, for treating of ſuch things as are to be concludit in the Aſſem- blie, are Mrs Johne Hall, Robert Pont, George Gladſtanes, David Lind- ſay, Alexander [Rawſone, Peter Blackburne, Johne Strauchan, David Rait, Alexander Forbes, James Nicolſone, Robert Howie, James Melvill, Robert Wilkie, Johne Carmichael, Alexander Lindſay, William Glaſſe, Patrick Sharp, James Balfour, Walter Balcanquell, James Law, Johne Spottiſwood, Johne Clappertoun, John Knox, David Barklay, William Hamiltoun, Nathaniel Inglis, Johne Hay, Andro Lamb. Seſſio 2a, Eodem die. The ſaid day, being callit Mr George Glaidſtanes, Miniſter of Sanót Androes, quho was direct be the laſt Aſſemblie to have remained for ane quarter or halfe ane geir with the Marqueis of Huntlie, to the effect that, be his travells and labours, the ſaid Noble Lord and his familie might be informit in the Word of Trueth preſentlie profeſt within this realme, and the enemies therof debarrit from his companie, to give ane accompt of his diligence in the ſaid commiſſioun, the ſaid Mr George com peirand, declarit, that, at the tyme of his journeying northward for viſitatioun of the Preſby- tries of Cathnes and Sudderland, he addreſt himſelfe to the Marqueis of Huntlie, and remained with him the ſpace of thrie dayes, duering the quhilk tyme he conferrit with him anent the contravertit heids of religioun, and deſyrit of his Lordſhip that he wald ſhew him quherin he doubtit, that to the effect be his conference he might be reſolvit of ſuch heids quherof he was not as get fullie ſatiſfied, quhilk his Lordſhip promiſed to doe at his back coming : and lykeways having demanded, why his Lordſhips kirks were not plantit, and why he reſortit not to the preaching at the ordinar tymes in paroch kirks 2 - To the firſt he anſuerit, That the non planting of his kirks proceids vpon the not giving licence to the Perſons of the ſaids kirks to renew his taks, conforme to the promiſe made to his Lordſhip be the Commiſſioners of the Aſſemblie, at the tyme that his Lordſhip grantit to the augmentatioun of the rents of the ſaid kirks. As to the ſecond, He could not weill reſort to the paroch kirks, partlie, in reſpect of the meane rank of ſuch as were within the paroch, and partlie, in reſpect his Lordſhips predeceſſours were in vſe to have a chappell in 1602. UNIVERSALL KIRK OF SCOTLAND. 981 thair awin houſe, quhilk he was myndit to proſecute now, ſeeing he was preſentlie repairing [to] his houſe of Strathbogie. The ſaid Mr George being demandit, why he made no longer reſidence with his Lordſhip, conforme to his commiſſioun, anſwerit, that he could not, becauſe the Marqueis of Huntlie was vpon his voyage ſouthward, at his Majeſties direétioun, for reconciliatioun of the feid betuixt him and the Erle of Murray; quhilk feid was the cauſe that his Lordſhip could not communicat. 3. Being callit lykewayes Mr Alexander Lindſay and William Couper, Com- miſſioners appointit be the laſt Aſſemblie to awaite vpon the Erle of Erroll for the effect forſaid, compeirand Mr Alexander Lindſay, declairit, that he had awaitit vpon the ſaid Noble Lord dureing his remaining in the Carſe of Gowrie, and that he fand him a diligent heirer of the Word: and having requyrit of him, if he doubted of any thing, his Lordſhip anſuerit, That, at the tyme of his reconciliatioun, he did the ſamein vnfainedly, and had caſtin all ſcruples away. As concerning the planting of his kirks, that he had pro- vydit the ſamein of his awin benevolence; and that he wald communicat at fick tyme as the ſacrament ſould be miniſtrat at any of his awin kirks, quherat his reſidence ſould be for the tyme. - Being callit Mr Johne Spottiſwood and James Law, Commiſſioners ap- pointit to awayt vpon the Erle of Angus, Mr Johne Spottiſwood excufit himſelfe, becauſe he was direétit be his Majeſtie to awaite vpon the Duke of Lennox in his ambaſſadrie to France ; in reſpešt quherof, Mr James Law, being appointit Commiſfioner conjunétlie with the ſaid Mr Johne, could doe nothing him alone: but becauſe it was reportit be the haill bre- thren of theſe parts quher the ſaid Erle does haunt, that he did neither re- fort to the heiring of the Word, nor participatioun of the ſacraments, bot, be the contrair, maintainit profeſt enemies to the religioun in his companie, fick as ane Mr Charles Browne ; therfor, to adviſe in the conference for remeid therof. Being callit Mr John Carmichaell, Commiſſioner appointit to awaite vpon my Lord Hoome, declarit, that he execute no part of his commiſſioun, be reaſon of the ſaid Lords abſence foorth of the countrey. The lyke excuſe was vſit be Mrs David Lindſay and Johne Hall, quho were appointit to await on my Lord Herreis, in cace that he repairit to Edinburgh, declairing, that the ſaid Lord remainit but a verie ſhort ſpace in the ſaid towne. - 982 THE BOOKE OF THE 1602. Anent the Commiſſioners appointit be the laſt Aſſemblie to awaite vpon the conſtant platt : My Lord Colle&tour being preſent, declarit, that the ſtay of that worke proceidit vpon the default of the Preſbytries, quho, for the moſt part, had nevir returnit ane anſuer of his Majeſties letters direct be his Commiſſioners of the conſtant platt, without the quhilk they could not proceid : and, therfor, the Aſſemblie ordaines fick as had not reportit thair anſuers, to produce them the morne. Anent the Commiſſioners appointit for viſitatioun of Preſbytries: The Aſſemblie ordaines them to give in thair diligence in wryte the morne, that the ſamein may be tryit and confidderit be the Aſſemblie. And becauſe ther hes bein ſlack, or no executioun of fick Commiſſions in tyme bygame, be reaſon of carleſnes of fick as were appointit to accept the ſame: Ther- for, it is ordainit, that, in tyme comeing, ſick as ſalbe appointit Commiſ. fioners, fall accept the commiſſiouns on them, and promiſe be thair aithes, in face of the Aſſemblie, to doe thair honeſt and faithfull diligence in the executioun therof; and to report the ſamein to the mixt Aſſemblie in wryte, vnder the paines conteinit in the aëts of the Generall Aſſemblie. Being callit the Commiſſioners of the Generall Aſſemblie to give ane account of thair proceidings fen the laſt Aſſemblie, they were ordainit to give in thair diligence in wryt the morne. The quhilks things being confidderit be the haill Aſſemblie, it was thocht moſt expedient, that certaine qualified perſons be choſin out of the Miniſ- trie, for planting of ſuch parts of the countrey as are deſtitute of the Word of God; and ſpeciallie, that qualified men be chofin out to be appointit Miniſters to the particular families of the ſaid Noblemen ; and lykewayes that the catiouners of theſe quho were ſuſpect of religioun, and were or- dainit be his Majeſtie to paſſe off the countrie, be ſtraitit conforme to thair band, and ſpeciallie for Patrick Butter, Patrick Mortimer, and vthers, and themſelves [to] be lykewayes chargit for breaking of the ſaid band. Seſſio 3a. 11 Novembris. Anent the ſummounds raiſit at the inſtance of the Provinciall of Low- thiane and Tweddall, aganis Dame Helenour Hay, Countes of Lithgow, makand mentioun, That in the proceſſe of excommunicatioun led and de- duceit againſt her, be the Preſbytrie of Lynlithgow, ſho made appellatioun 1602. UNIVERSALL KIRK OF SCOTLAND. 983 from the ſaid Preſbytrie to this preſent Aſſemblie, and therfor ordaining her to be ſummoundit to [compeir befor] this Aſſemblie, the thrid day therof, to proſecute her appellatioun, with certificatioun, and ſhe failgiet, the Aſſemblie wald allow of the proces led and deduceit aganis her be the ſaid Preſbitrie, as at mair lenth is conteinit in the ſaids ſummonds, of the dait, at Edinburgh, the 3 of November 1602: The ſame being callit, the Aſſemblie continues the ſame in the ſelfe ſame force and effect to the morne. The brethren appointit for viſitatioun of the Preſbitries in the laſt Aſſem- blie, quho were ordainit this day to produce thair diligence in wryte, being callit, compeirit Mrs David Lindſay and Johne Spottiſwood, Commiſſioners for Cliddiſdaill; Mr Andro Knox, Commiſſioner for Air ; Mrs James Ni- colſone and Robert Howie, Commiſſioners for Fyfe ; Mr Robert Durie, Commiſſioner for Orknay ; and Mr George Glaidſtanes, Commiſſioner for Cathnes; and produceit thair diligence in wryte. The reſt of the ſaids Commiſſioners either were not preſent, or had done no diligence. Quhilks diligences producit, the Aſſemblie ordainit to be viſited be the brethren, Mrs Johne Hall, Walter Balcanguell, Patrick Walkinſchaw, Archibald Moncrieff, and James Anderſon, and therafter to report what they have found in it to the haill Aſſemblie. The ſaid day, the Commiſſioners quho were appointit in the laſt Aſſem- blie, for planting of burrowes tounes vacand, and awaiteand vpon his Ma- jeſtie, quho were ordainit this day to produce thair diligence [and proceed- ings in wryte,1 to the effect they might be tryit be the brethren, and either allowit or diſſallowit, [conforme] as they deſerved, being callit, they com- peirit; and, in name of the reſt, Mr James Nicolſone, Miniſter at Migle, produceit thair haill proceidings in wryte; quhilk being [openly] read in preſence of the haill Aſſemblie, and the brethren being demandit be the Moderator, if they had any thing to ſay againſt the ſamein, or againſt them in any vther heid quhatſumevir : Efter the particular votes of every ane of the Commiſſioners was ſpeirit, the Aſſemblie allowit of the ſaid proceid- ings, and thankit God for the ſame. The quhilk day, the brethren conveinit in this preſent Aſſemblie having confidderit, that nothing is more neceſſar for the advancement of Gods glorie and his true religioun within this realme, then that the cheife rowmes and places within the countrey, ſuch as are noblemens houſes and families, be plantit with learnit and diſcreit Paſtours, able not only to inſtrućt and confirm the ſaid noblemen, thair wyves, children, and families, in the true 984 THE BOOKE OF THE . 1602. feare of God, and heids of ſincere religioun profeſt preſentlie within this realme, bot alſo quho may, be thair provident care and diligence, procure that the families of ſuch noblemen be not corruptit with the companie and hanting of profeſt Papiſts, Jeſuites, [and vther] Seminarie Prieſts, quho goes about daylie to ſmore and put out the ſpunks of true religioun and knowledge of God kindlit in the ſaids noblemens hearts; and becauſe preſentlie ſuch men cannot be found to vndertake the charge of the ſaids noblemens houſes, as ſaid is : Therfor, the Aſſemblie hes thocht good, that, for a tyme, brethren meiteſt for the purpoſe ſould be borrowit from thair awin places, to remaine for the ſpace of a quarter of ane geir conti- nuallie with the ſaids noblemen, be whoſe labours in the meane tyme, quhill ane conſtant and permanent proviſioun may be found out for the planting of theſe rowmes, the ſaids noblemen and thair families may be confirmit in the trueth, and the enemies therof debarrit from thair companies; and therafter to return to thair awin charges; and in the meane tyme, that the Preſbítries take ordour that thair places be furniſchit dureing thair abſence: And, therfor, they have eleētit and nominat the brethren fol- lowing to awaite vpon the ſaids noblemen dureing the ſpace forſaid, viz. Mr William Scott, Miniſter at Kennoquhy, to remaine with the Marqueis of Huntlie ; for the Erle of Erroll, Mr Alexander Lindſay; for the Erle of Angus, Mr James Law ; for the Lord Hoome, Mr John Carmichaell; for the Lord Maxwell, ſo long as he remaines in the Caſtle of Edinburgh, - Mr Henrie Blyth ; for the Lord Hereis, Mr Robert Wallace; for the Lord Semple, the Preſbitrie of Irwing, ſo long as he remaines within the ſame ; and in cace he remaine within the Preſbitrie of Paiſlay, the ſaid Preſbitrie to awaite vpon him ; and lykewayes for the Erle of Sutherland, the Preſbitrie of Edinburgh, in cace he make his reſidence within the ſame : And in cace any of the noblemen make their reſidence any tyme in Edin- burgh, or within the Preſbitrie therof, the Aſſemblie ordaines the Preſbitrie of Edinburgh to direét twa brethren of thair number, with the lyke power as the brethren above ſpecifeit, to awaite vpon every ane of the ſaids noblemen that ſalbe found reſident within thair Preſbitrie : quhilks brethren forſaid, and every ane of them, fall receive the articles in wryte fra this Aſſemblie, quherin they fall travell with the ſaids Noblemen. Quhilks articles the Aſſemblie ordaines to be pennit be Mrs James Melvill, James Nicolſone, Johne Carmichaell, Patrick Galloway, William Scott, and Alexander Lind- 1602. UNIVERSALL KIRK OF SCOTLAND. 985 ſay, to be givin in the morne to the Aſſemblie, that the brethren may con- fidder the ſamein. The tenour quherof followis. Inſtructiouns for the brethren appointit be the Generall Aſſemblie to attend vpon the Marqueis of Huntlie, the Erles of Angus and Erroll, the Lords Hoome, Herreis, and Maxwell. Firſt, 3e fall addreſſe gourſelves with all convenient diligence and ne- ceſſar furniture to entir in thair companie and families, ther to remaine ſtill with them for the ſpace of thrie monethis continuall; dureing the quhilk tyme 3our principall care falbe, by publick doćtrine, by reiding and inter- pretatioun of the Scriptures ordinarlie at thair tables, and by conference at all meitt occaſiouns, to inſtruct themſelves in the haill grounds of true re- ligioun and godlineſs, ſpeciallie in the heids controvertit, and confirme them therin. . . . . - 2. Take paines to catechiſe thair families ordinarlie every day, once or twyfe at the leiſt, or ſo oft as may ſerve to bring them to ſome reaſonable meaſure of knowledge and feiling of religioun, befor the expyring of the tyme preſeryvit for gour remaining ther; and let this actioun begin and end with prayer. - 3. Preaſe to have thair houſes purgit of all perſons living inordinately, whoſe evill example might be a ſlander to thair profeſſioun, ſpeciallie ſuch as are of ſuſpe&t religioun, and found any wayes buſie in traffiqueing aganis the trueth, and quyetnes of the eſtate of the countrey; and be carefull to have all fick perſons furth of thair houſes and companie. 4. Travell to have thair kirks plantit with ſufficient proviſioun of ſti- pends, and weill qualified perſons; and procure, that, be thair authoritie and aſſiſtance, the diſcipline of the Kirk may have executioun within thair bounds. 5. Perſwade them to make honeſt proviſioun of ſtipends for the inter- tainment of reſident Paſtours at thair houſes and cheife dwelling places; and to make choiſe of learnit, grave, and wyſe Paſtours, to be plantit therat. 6. Urge performance of the articles aggreeit vpon and ſubſcryvit at the tyme of thair reconciliatioun, and regiſtrat in the bookes of the Aſſemblie, quheroutof ge fall extra6t them. . --- - - 7. Informe the Kings Majeſtie fra tyme to tyme, how they have profited, 6 I 986 THE BOOKE OF THE 1602. and quhat companie reſorts to them, and quhat diſpoſitiouns thair com- panies are of. Quhilks articles being red in audience of the Aſſemblie, the brethren approvit the ſamein, and ordainit them to be inſert, with the commiſſioun given to the Miniſters appointit to remaine with the ſaids Lords, in the bookes of the Aſſemblie. The brethren appointit to viſite the diligence of the viſitours appointit in the laſt Aſſemblie, finds fault, that in all thair diligences produceit, ex- cept of Caithnes and Fyfe, the viſitors hes not exačtlie tryed the lyfe, doc- trine, and converſatioun of every Miniſter at his awin kirk and be his awin flock, but nakedlie and ſlanderlie be a generall view at the Synodall Aſſem- blies; quhilk the Aſſemblie finds fault with, and ordaines to be amendit in tyme comeing. The quhilk day, the brethren conveinit in this Aſſemblie, having rypelie weyit how neceſſar it is, that ane general viſitatioun be for inquyring in the lyfe, doćtrine, qualificatioun, and converſatioun of every ane of the Miniſtrie in particular ; the quhilk albeit it was committit to the charge of the viſitours appointit be the laſt Aſſemblie, nevirtheles they, or at the leaſt the moſt of them, hes done ſmall or no diligence in the executioun of that profitable worke committit to thair charge, excuſit partlie be infirmitie and feiknes, and partlie be vther neceſſar affaires, quherin they were imployit, as they alledgit : Therfor, the Aſſemblie, not willing that ſuch a neceſſar and profitable worke ſould want the awin good execution [and ſucceſs, I hes nominat, and be thir preſents nominats thir brethren following, thair verie laufull Commiſſioners for viſitatioun of the bounds vnderwrytin, every ane of them for thair awin parts, as they are particularlie deſignit; viz. for Orknay, Mr Robert Pont; for Cathnes and Sudderland, Mr George Glaidſtanes, Mr Alexander Rawſone; for Roſs, Mr David Lindſay; for Murray, Mrs Peter Blackburne, Abraham Sibbald; for Aberdein, Mrs William Scott and Alexander Lindſay; for Angus and Mernes, Mrs Ro- bert Wilkie and James Melvill; for Perth and Striveling, Mrs James Mer- tin and Johne Caldcleugh ; for Fyfe, Mrs James Nicolſone and Robert Howie ; for Lauthiane, Mrs Patrick Sharp, Johne Couper ; for Mers and Teviotdaill, Mrs Johne Carmichaell and James Law ; for Cliddiſdaill, Mrs Johne Spottiſwood, William Airthur; for Irwing and Air, Mrs Andro Boyd, Johne Hay ; for Nitheſdaill and Annandaill, Mrs Johne Knox, Patrick Shaw, and Johne Smith; for Galloway, Mrs Johne Welſh, Hew 1602. UNIVERSALL KIR K OF SCOTLAND. 987 Fullertoun; for Argyle, Mrs Andro Knox, Andro Lamb : Giveand, grantand, and committand to every ane of them conjunétlie, and in cace of ſeikneſs of any ane of them, with power to the vther, &c. to try the brethren of the Miniſtrie within the bounds particularlie above committit to every ane of thair charges reſpective, in thair life, doćtrine, qualificatioun, and converſatioun, and how they behave themſelves tuiching the rents of thair benefices, whither they have ſett taks of the ſamein but conſent of the Generall Aſſemblie, or not; and ſo incurrit the cenſure of dilapidatioun ; with power alſo to try the Preſbitries within the ſaids bounds, if they have keipit thair ordinar conventiouns, and particular viſitatiouns of thair awin kirks, and vſit and exercifeit all ſuch things as belongs to the Preſbitrie : with power alſo to them to try every particular congregatioun within the bounds committit to thair viſitatioun ; and generallie, to try every ane of the Miniſtrie, Preſbitries, and Congregatiouns, conforme to the particular or- dour of viſitatioun ſett downe in this Aſſemblie. And in cace any fault or enormitie be found be them in any of the ſaids viſitatiouns committit to them, with power to cenſure the ſamein according to the aët of the Gene- rall Aſſemblie ; and as they proceid in thair ſaid viſitatioun, that they re- port thair haill proceſſe and diligence to the mixt Generall Aſſemblie : Promitten de rato, &c. Seſſio 4a. 12 Novembris. The ſaid day it being confiderit be the Aſſemblie, that for inlake of ane conſtant and vniforme ordour of viſitatioun of Synods, Preſbitries, and par- ticular kirks, the labours and travells takin hitherto hes bein almoſt vnpro- fitable and ineffectual: Therfor, that ane ſolid ordour may be takin and generallie obſervit in viſitatiouns in all tymes comeing throughout the haill kirks within this realme, the Aſſemblie ordaines the brethren following, viz. Mrs Robert Pont, Patrick Galloway, James Carmichaell, William Scott, Alexander Lindſay, to advyſe anent the fubiect of viſitatiouns, and the forme and ordour of proceſſe that ſalbe vſit in the ſame in all tyme coming, and to produce the ſamein in wryte to the Aſſemblie the morne. The quhilk day the brethren haveand confidderit the great travells and paines takin be thair brother, Mr Johne Howefone, Miniſter at Cambuſlang, in anſuering to Bellarmine in thrie fundrie volumes, and how profitable 988 THE BOOKE OF THE 1602. the ſame wilbe to the Kirk of God, quhilk he preſentit to the Aſſemblie, defyreing the ſame to be reviſit be them, to the effect, if they be found worthie, they may be put foorth in print; they appointit the ſaid worke, firſt, to be reviſit be Mrs Robert Howie, James Nicolſone, and James Ro- bertſone; therafter, be Mr Andro Melvill; and laſt, be Mrs Robert Pont and Johne Hall; and to report to the nixt Aſſemblie: quhilk bookes are preſentlie delyverit to Mr Robert Howie. Anent the conſtant platt: The brethren appointit to fitt thervpon with his Majeſties Commiſſioners being demandit, quhat effect thair travells had takin in the ſame, they producit the concluſioun of the Commiſſioners of the ſaid platt, reſolving in 3 heids, out of the quhilk ane ſould be choſen, as the moſt ready way for effectuating the ſaid work; quherof the tenour followis. Overtures of the Commiſſioners of the Plat to be adviſit with his Majeſtie. If everie Miniſters ſtipends being aſſignit out of the fruites of the Kirk quher he ſerves be the benevolence of the takſmen, that they fall grant to the augmentatioun of the ſaid ſtipend. If ther ſalbe ane perpetuall ſecuritie made to the ſaid taxmen of thair teinds, vpon a ſpeciall grefſome to be condiſcendit vpon for ilk chalder, for the ſpace of xix geirs; and to be renewit geirlie therafter, for the ſaid ſpace, for the lyke greifſome, upon this conditioun, that the ſaid principal tackſ. men fall grant and renew the lyke ſecuritie to thair ſubtakſmen, for pay- ment of thair part of the ſaid greifſome pro rato, quher any ſubtaks are. Or if the great benefices ſalbe provydit to Miniſters vpon this conditioun, that all the kirks of the Prelacies be plantit with ſufficient Paſtours, and be provydit with competent livings, as the modifiers of the conſtant platt ſall think expedient, and he to pay the Kings Majeſtie geirlie the tent part of the fruites of the ſaids benefices, quhilk fall reſt by and attour the ſuſtenta- tioun of the ſaids Miniſters; and that all the inferiour benefices ſalbe pro- vydit to Miniſters ſerving the cure of the ſaids kirks, as weill Perſonages as Viccarrages. - - Or if all the great benefices ſalbe diſſolved, and the Prelat to have the principall kirk of the Prelacie with the temporal lands therof; and the reſt of the kirks to be provydit with qualified Miniſters; and the ſaid Prelate 1602. UNIVERSALL KIRK OF SCOTLAND. 989 and titulars of thc ſaids kirks to pay ane geirlie duetie to his Majeſtie, as the benefice may beare at the ficht of the Commiſſioners forſaids. Quhilk overtures beeand red in the ficht of the Aſſemblie, it was ordainit, that every Synod ſould have a copie of them, to be advyfit therwith vntill the morne, that they might give thair advice to his Majeſtie, quhilk of the thrie were moſt meitt to be imbraceit. - . . . . Anent the referris and petitiouns of the Synod of Fyfe givin in to this preſent Aſſemblie, to be advyſed vpon be the ſamein : The brethren no- minats Mrs James Melvill, Johne Carmichaell, Robert Durie, William Scott, Johne Cowden, Johne Fairfull, James Nicolſone, Andro Lamb, Robert Howie, Patrick Sharp, George Gladſtames, and Johne Spottiſwood, to conveine the morne at aucht houres, and advyſe vpon anſuers for ſatis- faćtioun of the ſaid petitiouns, and to report the ſamen to the Aſſemblie. The Articles of the Synod of Fyffe. 1. It wald be meinit be the Generall Aſſemblie, that the Generall Aſſem- blies are not ordinarlie keipit, notwithſtanding of the acts of Parliament and Generall Aſſemblie, and neceſſitie of the tyme; bot the dyetts therof altered without the knowledge of the Preſbitries and Synods. 2. That Miniſters are callit befor his Hienes Secreit Counſell, in prima inſtantia, for doćtrine and diſcipline ; quhilk is a great incouragement to the enemies. - . . . . ." 3. That all applicatiouns in Exerciſes of Preſbitries is found fault with, vnder pretence of the ačt of the Generall Aſſemblie; the quhilk ačt ther- for wald be fightit and cleirly interpretit. 4. That the government of the cheife matters of the Kirk continues in the hands of a few number, vnder the name of a Commiſſioun, to the pre- judice of the liberties of the Synods and Preſbitries. - . 5. That the Dočtours bearing ordinar calling in the Kirk, be the diſci- pline and cuſtome therof, are debarrit from the Aſſemblies. 6. That the Aſſemblie hes takin no tryall hithertill, anent the cautiouns ſett downe for avoiding of corruptioun in the Commiſſioners, [voters] in the Parliament. - . t - * 7. That the abſence of the Paſtours of Edinburgh, [and the] alteratioun of the Miniſtrie therof, quhilk was the cheife watch tower of our Kirk, hurts greatlie the cauſe of religioun, and encourages the enemies. f 990 THE BOOKE OF THE 1602. 8. That ther is diſtraćtioun of opiniouns different from that conſent of hearts, quhilkhes bein in the Kirk befor, in weghtie cauſes; and over lit- tle confideratioun, deliberatioun, and reaſoning had, quherby concluſions paſſe, almoſt the halfe of the brethren gainſaying. 9. That the land is defylit, and the Kirk endamnagit, by the French Ambaſſadours meſs. 10. Excommunicat perſons for Papiſtrie ſufferit to haunt the countrey publicklie and peaceablie. 11. That the noblemen latelie relaxit fra excommunicatioun for Papiſ. trie, gives no tokin of the profeſſioun of the trueth, but rather the contrair. 12. That apprehendit Papiſts directiouns and letters are keipit cloſe ; and the danger imminent therby to the Kirk not communicat to the watch- men, quherby they may make faithfull warning, and prevent the perrill. 13. That the diſcipline of the Kirk againſt murther, inceſt, and adul- terie, is not pračtiſed, [nor execute] with that holie ſeveritie that becomes; notwithſtanding of the frequent remiſſions obteinit be criminall perſons, for eſchewing of civill puniſhment. 14. That the remedies ſett downe aganis apprehendit dangers, at diverſe tymes, and at diverſe meitings of the Kirk, are not followed foorth. Anent the aët made of befor aganis ſick perſons as abſtaines from the holie communioun, either for Papiſtrie, or for the colour of deadlie feids: The Aſſemblie ordaines, that every ane of the Miniſtrie keip this ordour following [within his kirk, to wit, That he warne fick perſons, be the ſpace of moneths befor the communioun, to compeir be themſelves for the ſamein ; quhilk beand done, and they diffobey, that every Miniſter incon- tinent therafter ſend the names of the diſſobeyars ſubſcrivit with his hand to ane of his Majeſties Miniſters, quha ſall intimat the ſamein to his Majeſ- tie and his Hienes Theſaurer, to the effect that his Hienes Theſaurer may put the aëts made aganis non communicants to executioun aganis them ; and that everie Preſbitrie command the Miniſters within thair Preſbitrie to be diligent in the execution of this ačt. Becauſe it was meinit be the brethren, that the ſupplicatioun made in the laſt Aſſemblie to his Majeſtie anent the reſtraining of the libertie of noble- men and gentlemens ſonnes, that paſſes foorth of the countrey to ſuch places quher ther is reſtraint of the true religioun, Therfor his Majeſtie declairit, in preſence of the haill Aſſemblie, that he wald give a command to the Secrei- 1602. UNIVERSALL KIRK OF SCOTLAND. 991 tar, that he ſould ſubſcryve no warrand for paſſing of noblemen or gentle- mens ſonnes foorth of the countrey, except they firſt fand cautioun conforme to the tenour of the ačt made in the laſt Aſſemblie, anent paſſing of gen- tlemens ſonnes foorth of the countrey. The ſaid day, the Kings Majeſtie having declairit that it was requiſite that his Hienes had another Miniſter adjoynit to his houſe, to the effect the Prince might be brought vp in the true religioun, Therfor the Aſſemblie tranſports Mr James Nicolſome from the kirk of Megle, and appoints him to be Miniſter at the Kings houſe, to the effect forſaid ; and ordaines him to entir in the ſaid funètion betuixt and the 15 day of Februar mixt to come, vnder the paine of deprivatioun, provyding he be firſt ſufficientlie provydit be the Kings Majeſtie : And lykewayes ordaines Mr Andro Lamb to entir in his cure [in his Majeſties houſe,] betuixt and the firſt of Januar nixt to come, vnder the ſaid paine. Anent the planting of the kirks of Edinburgh : Johne Robertſone and George Herriot, Commiſſioners for the ſaid towne, being callit, declairit that for the preſent they had bot thrie kirks, quhilks alreadie were plantit with fixe Miniſters; and quhen as thair fourth kirk, quhilk is preſentlie bigging, is compleit, they wald crave ſupplement of viher twa Miniſters. Seſſio 5* 13 Novembris. The brethren appointit for penning the forme and ſubječt of viſitatioun of kirks, gave in thair advyce as followes : The viſitours fall appoint twa or thrie dayes for the tryall of every Preſ. bitrie within the bounds of thair viſitatioun ; and be the ſpace of a moneth, or twentie dayes at the leaſt, befor thair edićts, they ſall make the Preſbi- trie acquaint therwith, and ſend them the edićt following, to be publiſchit at every paroch kirk be ſome vther rother then the Miniſter, that it may be dewlie execute, reportit, and indorfit to the viſtours, at the firſt dyett of [thair] meiting. [This Edićt was never formed. C.] Let the Edićts be ſo direétit be the Preſbitries, that ane equall number 992 THE BOOKE OF THE 1602. [fall to] be tryit in every ane of the dayes appointit for tryall of ilk Preſbi- trie; and the Commiſſioners of congregatiouns to be chargit to thair awin dyetts accordinglie. Try the eſtate, firſt, of every Miniſter particularlie ; therafter the eſtate of the congregatiouns and countrey; and laſt the eſtate of the Preſbitrie in generall. The particular tryall of Paſtours. Try ilk Paſtour ſeverallie, in his graces, and habilitie to diſcharge his calling; in his furniture of bookes and neceſſar helps that may inable him in his calling ; with quhat fidelitie and prudence he diſcharges himſelfe in doćtrine and diſcipline, in his lyfe, and the eſtate of his living. For this effect, inquyre firſt of the Commiſſioners of his congregatioun, quhat teſtimonie he hes of his awin Seſſioun and remanent of his flock; and in ſpeciall if he be reſident in his parochin vpon his manſs and gleib ; if his awin lyfe and the government of his familie, be ſuch as breids no offence, bot edifies his flock; if he teaches every Sabboth once or twyſe, and if he teaches any vther dayes in the week; if he miniſters the communioun geir- lie with due examinatiouns preceiding ; if he hes ane eſtabliſchit Seſſioun of Elders and Deacons; if he keips a weiklie conventioun with his Seſſioun - for the exerciſe of diſcipline; if he catechiſes weiklie a part of his parochin ; if he keips ane ordinar viſitatioun of ſome families of his congregatioun weiklie; if he viſites the ſeik and diſtreſt quhen occaſioun requyres; if he be carefull to take away all eyeliſts and variances that falls out in the con- gregatioun. - -- i. Therafter, if neid beis, let him be tryed be the opening vp of ſome place of Scripture, and be queſtiouns; let it be inquyrit of him, quhat helps he ..hes for the advancement of his ſtudies; if he hes the text of the Scripture in the originall languages, in cace he be ſein in the tongues; if he hes Tremellius tranſlatioun of the Auld Teſtament, and Bezas of the New, with the vulgar Inglis tranſlatioun ; if he hes the Common Places; if he hes the Eccleſiaſticall Hiſtorie; quhat Commentaries he hes vpon the Scrip- tures, and ſpeciallie vpon his ordinar text; if he hes the Aćts of the Coun- fell of [Trent ;] and quhat vther wryters of the controverſies of religioun ; and if he vſes the conference of brethren for his reformatioun in the doubts that he finds in his reiding, and of quhom ; if he hes ane ordinary courſe 1602. UNIVERSALL KIR.K OF SCOTLAND. 993 of reiding the Scriptures, Eccleſiaſticall Hiſtories, and Controverſies ; if he makes any memoriall of his travells in wryte; quhat is his ordinary text; if he be provydit in the title of the Perſonage or Viccarage, and if he hes ſett any tacks therof, to quhom, and on quhat conditioun ; in whoſe hands are the rents of his kirk; and quhat is the beſt overture he can give for proviſioun of a ſtipend therat, in cace it be not alreadie ſufficientlie provy- dit : and ſicht the Seſſioun Booke. The brother beand removit, let the Preſbitrie be inquyrit ane be ane, and declare vpon their conſcience quhat they know anent his graces, fideli- tie in doćtrine and diſcipline, and anent his lyfe and converſatioun. After the quhilk tryall, let him be judgeit, and either allowit or admoniſched; or vtherwayes cenſured, as the cauſe requyres. The tryall of the Congregatiouns. Try every Miniſter particularlie, if ther be any Jeſuites, Papiſts, Semi- narie Prieſts, traffiquers againſt the eſtate of religioun and quyetnes of the countrey, within thair congregatioun, or refetters of them : if ther be any witches, excommunicats, contraveiners of the diſcipline of the Kirk; [if ther be any ſuperſtitious dayes keipit, be ſetting out of banefires, or vther- wayes; if ther be any ſuperſtitious places of pilgrimages, wells, and chap- pells; if ther be any non communicants; [if ther be any] homicides, or deadlie feids; if ther be any adulterers, or inceſtuous perſons; if the Sab- both be profaned be keiping of mercatts, or labouring, ſpeciallie in the tyme of harveſt: And as they find in the premiſſes, to take ordour for re- formatioun of the points forſaids, or any part therof. Tryell of the Preſbitries. Let the Moderatour be inquyred, if they keip thair ordinar conven- tiouns; if they have thair monethlie diſcourſe vpon the commoun heids and diſputations; if they [have] viſited the haill kirks within thair bounds fen the laſt generall viſitatioun ; if they take ouklie and monethlie account of thair brethrens diligence in the diſcharge of thair dutie, by catechiſing and viſiteing of thair families; and ſicklyke, if ther be any of thair number that be infolent, and will not acquieſce in the determinatiouns of his 6 K 994 THE BOOKE OF THE 1602. brethren ; [if ther be any eyeliſt or diviſioun amang the brethren ;] quhat wnplantit kirks are in thair bounds. Quhilk forme the Aſſemblie thinks good, and ratifies and approves the ſamein ; and ordaines it to be vniverſallie obſerved in all tyme comeing, in all viſitatiouns within this realme : and ordaines the power of the viſitours to be direét conforme to the ačts of the Generall Aſſemblie. The ſaid day, the brethren appointit to viſite the petitiouns of the Synodall of Fyffe, condiſcendit vpon the anſuers following. Anſuers to the Petitiouns of the Synodall of Fyfe. 1. Finds, that the Generall Aſſemblies ſould be appointit and keipit ac- cording to the aët of Parliament, haldin at Edinburgh the 5 of Junij 1592 geirs, quherof the tenour followes, ſo farre as concerns that point : And ſicklyke ratifies aud approves the Generall Aſſemblies appointit be ſaid kirk; and declares that it ſalbe lawfull to the Kirk and Miniſters, everie geir once at the leaſt, or oftener pro re nata, as occaſioun and neceſſitie fall re- quyre, to hald and keip Generall Aſſemblies; provydand that the Kings Majeſtie, or his Commiſſioners with them, to be appointit be his Hienes, being preſent at ilk Generall Aſſemblie befor the diſſolving therof, nominat and appoint a tyme and place, quhen and quher the nixt Generall Aſſem- blie ſould be : And in cace neither his Majeſtie nor his ſaids Commiſſion- ers beis preſent for the tyme, in that towne quher the Generall Aſſemblie beis haldim ; then and in that cace it ſalbe leiſum to the ſaid Generall Aſſemblie be themſelves to nominat and appoint tyme and place, [quhen and] quher the nixt Generall Aſſemblie of the Kirk beis keipit and haldin, as they have bein in vſe thir tymes by paſt. 2. If his Majeſtie fall proceid againſt Miniſters, according to his Majeſties awin declaratioun made and inactit in the Generall Aſſemblie haldin at Dundie [1597, Seſſioun 10, the defyre of the ſecond article is ſatiſfied, and no viher thing meanit therby 3. Thinks it expedient, that the aët anent the applicatioun in the Exer- ciſe be interpret not to be extendit to forbid the vſing of the Word of God in applicatioun to the general ends therof, quhilk is laufull to exerciſe after this manner: this heid of doćtrine ſerves for the refutatioun of ſuch ane errour, for the rebuik of ſuch a vyce, for conforting of ſuch a perſon in 1602. UNIVERSALL KIRK OF SCOTLAND. 995 ſuch a caſe. And as for particular and perſonall applicatioun, leaves it to be advyſit, whether it ſalbe in tyme comeing or not, and how farre; and thinks it good, that this be reaſonit in the Preſbitries; and then [that] Commiſſioners [be] ſent with thair reaſons to the nixt Aſſemblie theranent; and, in the meane tyme, no innovatioun to be vſit anent perſonall appli- catioun. 4. Let all commiſſiouns be givin and vſed from this [tyme] foorth, ac- cording to the acts of the Generall Aſſemblie. 5. Finds, that Dočtours hes had, and may have, vote in the Generall Aſſemblie, they haveand a laufull commiſſioun for that effect, according as it hes bein found be the General Aſſemblie haldin at Edinburgh the 10 of May [1586, J and at 1581, quher it is found and declarit be the aët of the Generall Aſſemblie, that Dočtours ſould concurre with the Elders as brethren in all Aſſemblies. 6. Let the caveats be looked to, and preceiſlie keipit in tyme comeing, vnder the paines conteinit in the aëts made theranent. 7. Anfuerit in the Aſſemblie. 8. [Nothing to be done and concluded in Aſſemblies, except it be ſuf. ficiently reaſoned and deliberated. C.] 9. Acquieſes in the declaratioun of the brethren that hes ſpokin to his Majeſtie theranent; and deſyres Mr Walter Balcanguell to ſhew the ſame to the Aſſemblie, and how the Preſbitrie of Edinburgh is ſatiſfied in this point. 10. Let thair names be given vp, that his Majeſtie may take ordour with them according to the lawis; and in ſpeciall with Captaine Halkerſtoun, Patrick Butter, Mr Alexander Leſlie, Duncane Law, Thomas Browne, William Leſlie of Concraig, and Patrick Mortimer. 11. Anſuerit in the Aſſemblie. 12. To acquieſce in his Majeſties declaratioun heiranent, and [to] re- queiſt his Majeſtie, that the Preſbitries be acquaint heirafter, in ſuch caſe quher it ſalbe neidfull. * 13. Quher ther is negligence in this point, let it be amendit heirafter, according to the aëts of the Aſſemblie. 14. Let farther diligence be vſit, quher negligence hes bein. Quhilks anſuers the Aſſemblie allowes of, and ordaines the ſamein to be infert in the Books of the Aſſemblie. - 996 THE BOOKE OF THE 1602. The quhilk day, the Generall Aſſemblie haveand advyſedlie confidderit the neceſſitie of appointing Commiſſioners from this preſent Aſſemblie, not only to awaite vpon ſuch affaires as ſalbe for the weill and viilitie of the Kirk [of God, bot alſo to give advyſe to his Majeſtie anent the halding furth [of the enemies] of the fame, quhen they ſalbe requyrit be his Majeſ. tie therto : Therfor the brethren conveinit in this preſent Aſſemblie hes givin and grantit, lyke as they, be the tenour heirof, gives and grants thair full power and commiſſioun to the brethren vnderwrytin, viz. Mrs Robert Pont, David Lindſay, George Glaidſtanes, David Hoome, Johne Clapper- toun, Johne Knox, Johne Spottiſwood, Alexander Lindſay, Robert Howie, Johne Hall, Johne Caldcleugh, Johne Strauchan, Andro Knox, Gawin Hamiltoun, James Law, Andro Boyd, Alexander Dowglas, Alexander Forbes, Andro Leich, Robert Wilkie, Patrick Sharp, Peter Blackburne, Patrick Simfone, with the Kings Miniſters, or any nyne of them ; Giveand, grantand, and committand to them thair full power to plant ſuch kirks in Burrowſtounes as [is] or ſalbe deſtitute of Paſtours : Attour, If it fall happin the Kings Majeſtie to be greivit at any of the Miniſters for quhatſumevir enormitie committit be them againſt his Hienes, with power to them, or any nyne of them, as ſaid is, to try and cognoſce thervpon, and to take ſuch ordour theranent as they fall think meitt to the glorie of God and weill of his Kirk. And finallie, With power to them to preſent the greives and petitiouns of this preſent Aſſemblie to his Majeſtie and Secreit Counſell, and generall Conventioun of Eſtates and Parliament, if any fall happin to be ; and to crave redreſſe of the ſamein : Promitten de rato. The ſaid day, the Aſſemblie, confidering that the conventiouns of the peiple, eſpeciallie on the Sabboth day, are verie rare in many places, eſpe- ciallie be diſtraćtioun of labour, not only in harveſt and ſeid tyme, bot alſo every Sabboth, be fiſching both of whyt fiſch and ſalmond fiſching, and of ganging of mylnes, [the Aſſembly diſchargeth, and inhibiteth all ſuch labour of fiſhing, as well white fiſh as ſalmon fiſh, and going of mylmes, J of all forts vpon the Sabboth day, vnder the paine of incurreing the cen- ſures of the Kirk; and ordaines the Commiſſioners of this preſent Aſſemblie to meane the ſamein to his Majeſtie, and to defyre that ane pecuniall paine might be injoynit vpon the contraveiners of this preſent ačt. 1602. UNIVERSALL KIRK OF SCOTLAND. 997 Anent the overtures givin in be the Commiſſioners of the conſtant plat, with the quhilk the brethren were ordainit to be advyſit: After mature deliberatioun and voteing, the Aſſemblie thinks the ſecond overture moſt expedient to be acceptit, bearing the proviſioun of Miniſters to all Prelacies, with the conditiouns therin conteinit, as is above expreſt. Anent the planting of the kirks within the bounds of Annandaill, quhilk hes bein deſolat continuallie, fen the reformatioun of the religioun within this countrey: After that the Kings Majeſtie had made declaratioun of his godlie intent theranent, how that his Majeſtie was myndit to cauſe the barrones and gentlemen of Annandaill, at their compeiring befor his Hienes, quhilk wilbe ſhortlie, find ſufficient catioun and ſovertie for proviſioun of rea- ſonable and competent livings to every ane of the kirks within the bounds of Annandaill; and therfor defyreand that ane number of qualified men may be provydit for to enter in the Miniſtrie at the kirks within the ſaids bounds: The Aſſemblie ordaines every ane of the Commiſſioners preſent to give *p the names of ſuch perſons quho are vacand within thair Preſbitries, and willing to entir in the Miniſtrie, to the effect they may be exhortit and earneſtlie dealt with be the Commiſſioners of the Generall Aſſemblie, quho fall plant them in places they think moſt meit, for to accept vpon them the cure of the ſaids kirks, how ſoone ſufficient proviſioun may be found out for them, and ſecuritie for themſelves: And in cace that after all the diſ. cretioun [be] vſit with them, they then refuſe to accept the ſaids callings vpon them, the Aſſemblie declares that they ſalbe countit Vncapable of the funètion of the Miniſtrie, ay and quhill they meine themſelves to the ſaid Commiſſioners, whoſe calling and direétioun they refuſed, and be content to be employed in any part they [fall] think expedient; and if they be already actuall Miniſters, and craves tranſportatioun, if they refuſe to be tranſportit to any of the ſaids vackand kirks, the Aſſemblie finds, that the libertie of tranſportatioun ſalbe denyed to them, ſo that they fall remaine at the ſaids kirks, fra the quhilk they craveit to be tranſportit. 998 THE BOOKE OF THE 1602. The names of ſuch as are vacand. BRECHIN. Mr Hendrie Fullertoun. Mr Dowgall Campbell. Mr Thomas Hogge. ABERBROTHocK. Mr Thomas Glover. DUNDIE. Mr David Lindſay. Mr John Scrymgeour. SANCT ANDROES. Mr William Wedderburne. Mr Daniel Wilkie. Mr Peter Bruce. Mr David Kynneir. PERTH. Mr Thomas Ros. Mr Alexander Balmevis. Mr James Ros. Mr Patrick M*Greigour. MERs. Mr Johne Spotiſwood. Mr William Struther. Mr Johne Gibſone. IRVING. Mr Robert Boyd. Mr Malcolme Hamiltoun. Mr James Montgomerie. Mr Robert Frenſch. LANERICK. Mr George Cliddiſdaill. Mr David Lindſay. Mr David Roger. 1602. UNIVERSALL KIRK OF SCOTLAND. 999 Aéta Seſſione 6a, Novembris 1602. Anent the ſupplicatioun givin in be Alexander Stewart of Gairlies, Pro- veſt of Dumfreis, in name and behalfe of the Counſell and communtie of the ſaid towne, makand mentioun, that quher be the tranſportatioun of Mr Hew Fullertoun, ſome tyme Miniſter at thair kirk, the eſtate of thair congregatioun is altogether deſolate in ſick fort, that for inlake of a Paſtor quho ſould attend vpon the flock, and to care the weill of thair foules, they are not only depryvit of the ſpirituall food and confort of the Word, but alſo thair towne is become a receipt of excommunicat Papiſts and Jeſuites; deſyreand therfor the Aſſemblie to confidder thair miſerable eſtate, and to provyde ſome qualified man to be thair Paſtour; and in ſpeciall, ane of the leits given in be them, viz. [Mrs David Barclay, William Airthur, Alexander Scrymgeour, William Watſone, Hew Fullartoun; promiſing that [not] only that they wold be reverent hearers of the Word, but alſo [that] they wold concurre with him and aſſiſt him that ſalbe nominat to be thair Paſtour, in the executioun of diſcipline of the Kirk to the vttermoſt of thair power; as at mair lenth is conteinit in thair ſupplicatioun : The Aſſemblie, after voting, hes choſin Mr William Airthur to be Miniſter at Dumfreis, quham they ordaine and appoint to be Miniſter at the ſaid kirk, after incalling on the name of God. The ſaid day it was thoght good be the brethren, to be meanit, that notwithſtanding his Majeſties good mynd and intentioun to have all the kirks within this realme ſufficientlie plantit with Miniſters with competent livings appointit for them; and albeit it was provydit be the aët of Februar, and approvit in Parliament, that all the thrids of benefices ſould be applyed to the vſe of the Miniſtrie ay and quhill the kirks were plantit, and that penſiouns givin [in prejudice] therof ſould be null; get be importune ſuteing, ane great part of the ſaids thrids are diſponit in penſiouns, to the great hinderance not only of the preſent proviſioun of Miniſters, but alſo of the conſtant platt, quhilk his Majeſtie intends: Defyreing therfor that his Majeſtie were informit therof, and take ſuch ordour, that the ſaids diſ. poſitions made in contrair the ſaid ačt of Februar ſould be retreatit, and that command be givin to the modifiers of the platt of this inſtant geir, to aſſigne out of the ſaids penſiouns for planting of kirks, notwithſtanding of ſaids diſpoſitiouns: The quhilk his Majeſtie moſt willinglie grantit, and promiſt to ſtay all farther gifts in any tyme comeing. 1000 THE BOOKE OF THE 1602. Item, The Aſſemblie thocht expedient to adjoyne and nominat vthers out of the number of the brethren to be adjoynit to theſe, quhilk were nomi- nat be Commiſſioners of Provinces conveinit at Halierudehous, the 15 of Oćtober 1600 geirs, out of the quhilk number his [Majeſtie] ſould make choiſe of ſuch as he ſould preſent to the benefices vacand. The names of them all are, as followes, Mrs Robert Pont, Robert Howie, James Nicol- fone, Alexander Scrymgeour, Johne Forbes, Gawin Hamiltoun, George Monro, James Robertſone, Johne Howiſone, James Melvill, Andro Knox, Patrik Galloway, Alexander Dowglas, Alexander Lindſay, Robert Wilkie, Johne Spottiſwood, William Malcolme, Alexander Forbes, Johne Knox, Andro Lamb, Johne Clappertoun, George Grahame, Robert Bruce, John Carmichell, Patrick Lindſay. Anent the requeiſt made be the Moderatour, in name of the haill Aſſem- blie, to his Majeſtie, in favours of Mr Robert Bruce : His Majeſtie de- clairit that he wald doe in that matter be the advyce of the Commiſſioners of the Generall Aſſemblie, and [as] Mr Robert be his awin behaviour ſould give him occaſioun. And becauſe Mr Robert Bruce had be his miſfive direét to his Majeſtie befor his departure aff the countrey, as alſo be the ratificatioun and farther examinatioun and explanatioun therof, in wryte [at Sanét Johnſtoun.] the 26 of Junij 1602, declarit his reſolutioun of his Majeſties innocencie, and guiltines of the Erle of Gowrie and his brother, and promiſed to divert the peiple ſo farre as in him lay, from their leud opiniouns and vncharitable conſtrućtiouns anent his Majeſties aétiouns, namelie, in this turne: Therfor, his Majeſtie deſyrit the determinatioun of the Aſſemblie, Whither if the ſaid Mr Robert ſould lykewayes make the ſame declaratioun in pulpitt, according as it is at length ſett doune in the ſaid miſſive and explanatioun therof, at Perth, quherof the tenour followes. Pleis gour Majeſtie: Hearing that gour Majeſtie was nothing relentit of the former wrath againſt me, and being now vpon the point to ſhew my obedience to your Majeſties laſt charge, I could not omitt this as my laſt duetie, to intreat gour Hienes clemencie, and to mitigate the extremitie of this intendit wrath. I am not ignorant of that ſpeich, That the wrath of the Prince is the meſſinger of death ; ſo that I crave, that the Lord for Chryſts ſake may adde his bleſting, and worke effectuallie in your Grace, as he fall fie expedient for his awin glorie, and gour Majeſties perpetuall preſervatioun, 1602. UNIVERSALL KIRK OF SCOTLAND. 1001 Then to be ſhort: To ſhew my conformitie with the reſt of my breth- ren of the Miniſtrie, as at all tymes, ſo now eſpeciallie, to ſhew my reve- rence to gour Majeſtie, and to cleir my ſuſpect affectiouns heirin, I offer to give to the Father of our Lord Jeſus Chryſt, in him, and through him, moſt heartlie thanks for all gour Majeſties dely veries from gour cradle to this preſent houre; but namelie, for that delyverie quhilk he gave to gour Majeſtie, [at Sanét Johnſtoun, ) on Tueſday the 5 of Auguſt, farre above all our deſerts, and gour Majeſties expectatioun. - I offer alſo to ſtirre vp the peiple to that [fame] duetie, and alſo to di- vert the peiple ſo farre as lyes in me, from thair lewd opiniouns, and vn- charitable conſtructiouns of gour Majeſties aétiouns, namelie in this turne. Finallie, Ther is no duetie that gour Majeſtie can crave of me, without the [manifeſt] offence of God, and hurt of my awin conſcience, but I will doe it with als good a heart as ever I did [any] thing in this earth ; that if by any meanes I might teſtifie my good affectioun to gour Majeſtie my Soveraigne, and to enjoy my naturall aire, and ſuch vther comforts as the Lord hes given me vnder gour Majeſties reigne, quhilk I moſt humblie crave of gour Majeſtie; beſeikand the Lord to move gour heart heirvnto for Chryſts ſake. So waiting of gour Hienes anſuer in all humilitie, I take my leave. -- Sic ſubſcribitur, Mr ROBERT BRUCE. [And upon the back therof. At Perth the 25 of June 1600. C.] Farther, Concerning the heids within conteinit, I am reſolvit [of] his Majeſties innocencie, and the guiltines of the Erle of Gowrie and his brother, according as it is declairit be the aët of Parliament; and therfor acknowledges the great mercie of God towards his Majeſtie, haill Kirk, and countrey, in his Majeſties delyverance; for the quhilk I thank God from my heart. Sic ſubſcribitur, Mr ROBERT BRUCE. The quhilk the haill Aſſemblie, after votting, thocht not only reaſon- able, bot alſo concludes, that the ſaid Mr Robert aucht to doe the ſame. Anent the ſupplicatioun givin in be Mr Robert Pont, Miniſter at Sanét Cuthberts Kirk, deſyreand, in reſpect of his great age, and long travells takin in the Kirk of God, and continuall ſeiknes quhilk followeth age, 6 L 1002 THE BOOKE OF THE 1602. that he might be releivit from the ordinarie burdein of the teaching, vpon conditioun that he fall ſubſtitute ane in his place quhen through infirmitie he ſall not be able to teach himſelfe : The Aſſemblie thinks his fute reaſon- able, and therfor condiſcendit to the ſame. Item, Becauſe his Majeſtie declarit, that he was informit that fundrie of the Miniſtrie neglectit that part of thair duetie towards his Majeſtie in not giving thanks to God for the wonderfull dely verie of his Majeſtie from the treaſonabill attempt [at Sanét Johnſton] of Johne ſometyme Erle of Gow- rie, and his brother, vpon every fyſt day of Auguſt: Therfor the Aſſem- blie ſtatutes and ordaines, that in all burrowſtounes within this realme ther be ordinar preaching and teaching every Tueſday, in the remembrance of the dely verie of his Majeſtie that day of the weik ; and that every fyft day of Auguſt ther be preaching in every kirk within this realme, to burgh and to land, thankand God of his Majeſties dely verance that day of the moneth. And becauſe the peiple in land wart parochines cannot be ſo eaſilie con- veinit as in burrowſtounes, therfor, and for [their] better conveining, it is ordainit, that everie Miniſter at everie landwart kirk fall, vpon the Sonday preceiding the fyft day of Auguſt, make intimatioun to his parochiners, that they conveine the ſaid day in the kirk with him, to thank God for his Majeſties delyverance. And to the effect that all ryotouſnes, drunkennes, and vther filthie ex- erciſes, may be reſtrainit, his Majeſtie promiſed to cauſe all inſolencie in behaviour to be diſchargit and forbidden every geir be [open] proclama- tioun, and Magiſtrats to take ordour with the contraveiners therof. Item, The Aſſemblie ordaines, that no marriages be celebrate airlie in the morning, or with candle light; and finds lykewayes, that it is leiſum to celebrate the ſaid band of mariage vpon the Sabboth day, or any vther preaching day, as the parties fall requyre and think expedient ; and or- daines the ſame to be indifferentlie done; and that no ryotouſnes be vſed at the ſame vpon the Sabboth day. Item, It is ſtatute, that the ſacrament of baptiſme be not refuſed to any infants, if the parent crave the ſame, he giveand a Chriſtian confeſſioun of his faith, vpon any vther particular pretence; and ſpecially, that baptiſme be not delayit to certaine particular dayis. Anent the ſupplicatioun givin in be Mr Edward Bruce, Commendatour, Abbot of Kinloſs, makand mentioun, that quher he haveand ane tack and 1602. UNIVERSALL KIRK OF SCOTLAND. I003 affedatioun of the Kirk of Tarbet, ſett be Mr Johne Monro, and Mr David Lindſay, Biſchop of Ros, the geirlie duetie quherof, albeit it extends only to the fowme of twa hundreth pounds, nevertheles [he, for the better inter- tainment of the ſaid Mr Johne, ačtuall Miniſter at the ſaid kirk, hes con- diſcendit to convert the ſaid ſowme of twa hundreth pounds in ten (twa P) chalder of beir as for ane conſtant ſtipend to the ſaid Mr Johne and his ſucceſſours, Miniſters at the ſaid kirk of Tarbet, vpon conditioun that the Miniſters of the Preſbitrie of Ros, quhilk are of the Chapter of the ſaid Biſchoprick, wald ratifie and approve this tack of the ſaid kirk, quhilk they wald willinglie doe, provyding the Aſſemblies [conſent] were obtainit therto, as at mair lenth is conteinit in the ſaid ſupplicatioun : The Generall Aſ- ſemblie ratifies and approves the ſaids tack and affedatioun, fett to the ſaid Commendatour, of the teinds of the ſaid Kirk of Tarbet, as weill be the ſaid Mr Johne Monro as be the ſaid Mr David Lindſay; and ordaines the brethren of the Preſbitrie of Ros, quho are members of the ſaid Chapter, to conſent to the ſame be thair ſubſcriptiouns; becauſe they vnderſtand the ſaid kirk to be ſufficientlie plantit be the moyen forſaid. Anent the ſupplicatioun givin in be Mr Patrick Carmichaell, Miniſter at Aberdoure, makand mentioun, that quher the Aſſemblie haldin at Mon- trois in Marche 1600 geirs, it was concludit, that Mr William Patoun ſould ſerve the cure of both the kirks of Aberdoure and Dalgatie, and for his ſer- vice fauld uplift the auld ſtipend of both the ſaids kirks, ay and quhill ſuf- ficient proviſioun were made for planting of both the ſaids kirks; and true it is that the ſaid complainer is now plantit Miniſter at Aberdoure; de- ſyreand, therfor, to cauſe the halfe of the ſaid ſtipend to be dimittit to him be the ſaid Mr William, in reſpect of his ſervice at one of the ſaids kirks: The Aſſemblie finds [and decerns] the haill ſtipend contravertit to apper- taine to Mr William Patoun, Miniſter at Dalgatie, conforme to his aſſigna- tioun of the crope and geir of God 1601 geirs, except the Viccarrage of Aberdoure, quhilk they adjudgeit to pertaine to the ſaid Miniſter at Aber- doure. - Anent the ſupplicatioun givin in be the north Paroch of Leith, makand mentioun, that quher the Preſbitrie of Edinburgh hes erectit the ſaid north Paroch of Leith in ane parochin, quhilk is alſo approvin be the Synodall of Lawthiane ; deſyreand, therfor, the ratificatioun of the Generall Aſſemblie wnto the ſame : The Aſſemblie ratifies and approves the erectioun forſaid in all points. 1004 THE BOOKE OF THE 1602, Anent the ſupplicatioun givin in be the inhabitants of the Ferrie of Scottiſcraig, Garpat, Shamvall and Muirtaine, makand mentioun, That they being a great multitude, and farre diſtant from thair paroch kirk of Leuchars, they, with commoun conſent of the haill parochiners, Preſbitrie of Sanét Androes, and Synod of Fyffe, hath erectit ane paroch kirk in the ſaid Ferrie, and almoſt compleitit the ſame, for the commoditie and vſe of the peiple moſt adjacent therto ; defyreand, therfor, the Aſſemblies autho- ritie to be interponit therto, and to give power to the Preſbitrie to annexe fick villages as are moſt adjacent to the ſaid paroch kirk : The Aſſemblie ratifies the erectioun forſaid, and gives power to the ſaid Preſbitrie to the effect above wrytin. Anent the ſupplicatioun givin in be ane Noble Lord, Alexander Erle of Lynlithgow, makand mentioun, That quher it hes pleaſit the brethren of the laſt Aſſemblie to relaxe Dame Helenor Hay, his ſpouſe, from the ſen- tence of excommunicatioun, and to injoyne certaine particular conditiouns to be obſerved be her, quhilks conditiouns, albeit ſhe, of the ſtubbornes of her heart, wald no wayes condiſcend to obey, to his great greife and for- row; nevertheles, the brethren ſould have conſideratioun of his hard eſtate, quho cannot, be no law, ſeparate himſelfe from her, notwithſtanding that ſho refuſes to heare and obey the wholeſome voyce of the Kirk, calling her to grace in Jeſus Chryſt; and the rather becauſe he himſelfe, as he hes continuallie and conſtantlie profeft the trueth and religioun preſentlie pro- feſt within this realme, ſo he hes vſed all meanes poſſible for bringing his ſpouſe to the true knowledge of the ſame ; lykeas alſo he is readie to doe quhat lyes in his power, be all good meanes, to draw her to the trueth ; defyrand, therfor, the Aſſemblie to pitie his daylie griefe, and ſhew him ſome favour in the mitigatioun of her puniſhment, and ſtaying of the cen- ſure of excommunicatioun aganis her, that he be not compellit to remaine in ſocietie with her that ſalbe cutt off from the ſocietie of the Kirk : The Aſſemblie having confidderit the ſupplicatioun, continues the pronouncing of the ſentence of excommunicatioun againſt her vnto the mixt Generall Aſſemblie, provydeing that the Kings Majeſtie remove his Hienes daughter out of her companie; and lykewayes that his Lordſhips bairnes be catechiſit in the trueth ; and lykewayes that his Majeſtie give command to him to debarre all Papiſts from his houſe; and that, in the meanetyme, his Lord- ſhip cauſe deale with his ſaid ſpous, to fie if by any meanes ſho may be drawin to the acknowledging of the trueth. 1602. UNIVERSALL KIRK OF SCOTLAND. 1005 Seſſio Vltima, 16 Novembris 1602. Anent the ſupplicatioun givin in be the brethren of the Synod of Glaſ- gow, makand mentioun, That quher albeit fundrie tymes, be their ačtis, they had diſcharged Mr George Simple to have any meddling with the Miniſtrie of the Kirk of Killellane, for the cauſes and conſideratiouns knowin to them, and ſpeciallie for a great miſlyking that ſpecialls of the paroch had of him ; nevertheles he had not only infiftit in futeing of the ſaid kirk, but alſo he had obteinit, be privie moyen, the conſent of the Commiſſioners of the Generall Aſſemblie therto, for planting of him at the ſaid kirk, the ſaids brethren not being heard, nor thair reaſons in the con- trair diſcuſſed; deſyreing, therfor, that thair reaſons may be heard, and, after dew tryall, that the Aſſemblie wald give thair finall ſentence in the ſaid matter, quhilk they wald obey : The Aſſemblie, after due tryall, abſolves the ſaid Mr George from all evill crymes and eyliſts quhilk were laid to his charge, either be the breth- ren of the ſaid province, or be the parochiners of Killellane, and gives him, be thir preſentis, a teſtimonie of his honeſt behaviour; bot in reſpect that he was nevir plantit fullie Miniſter at the ſaid kirk, and of the great miſ. lyking that is betuixt him and fundrie of the ſaids parochiners of Killellane, as ſaid is, they think it not good that he be plantit Miniſter at the ſaid kirk; and, therfor, ordaines him to defift therfra, and to dimitt the preſentatioun made to him of the benefice therof, in favours of Mr Johne Cunighame, quhom the Preſbitrie hes thoght good to be Miniſter therat, vpon condi- tioun that the ſaid Mr George be firſt ſatiſfied be the ſaid Mr Johne, for his ſaid dimiſſioun, paines and loſe ſuſteinit be him in pleying of the ſame : Quhilk ſatiſfactioun ſalbe preſentlie modified be Mr Johne Cowper, arbiter choſen for the ſaid Mr William Cunnighame, and Mr Robert Pont, arbiter choſen for Mr George Sempill; and in cace of variance, be Mr Patrick Galloway, as oddiſman and ovirſman choſen be both thair conſents: With proviſioun lykewayes that the ſaid Mr George be firſt plantit at the Kirk of Kirkbeane, or any vther place quher his Majeſtie fall think expedient in the ſouth weſt parts, with ſufficient proviſioun for his ſuſtentatioun therat. The ſaid day, the Aſſemblie ordaines Richart Browne to be tranſportif to the kirk of Haliewood, and that the brethren deale with the Abbot for 1006 THE BOOKE OF THE 1602. a ſufficient proviſioun to the ſaid kirk, and in ſpeciall Mrs David Barklay, Robert Hunter, and Hew Fullertoun. Item, The Aſſemblie ordaines, that, in all tyme comeing, the licence to be grantit to any beneficit Perſon to fett tackis, be reſtrainit either to ane lyferent tack, or to ane nynetein geir tak allanerly. Ament the ſupplicatioun givin in be Mr John Nicolſone of Laiſwad, beirand, that quher he was kyndlie takſman of the teinds of his awin lands of Leſſwaid, in reſpect quherof he had aggried with Mr George Ramſay, Deane of Reſtalrig, for renewing of his ſaids tacks for paying of a greater duetie then they payed of before, ſo that the kirk was ſufficientlie plantit; to the quhilks the ſaid Mr George condeſcendit; defyreand, therfor, the Aſſemblie to ratifie [and approue] the ſaids tackis, and declare the ſamein als ſufficient as if ane ſpeciall licence had been obtainit to ſett the ſame : The Aſſemblie ratifies and approves the ſaids taks of the teinds of his awin lands of Lefſwaid, and declares the ſamein als ſufficient, as if a ſpeciall łicence had bein obteinit therto. Item, At the earneſt fute of the Preſbitries of Cliddiſdaill, Walter, Pryour of Blantyre, tackiſman of the Perſonage of Glaſgow, condiſcendit to give 15 chalders vićtuall, by and attour the duetie of his tacks, for the better proviſioun of the Miniſtrie at the ſaid kirk of Glaſgow, vpon condi- tioun that the preſent Perſon ſould ratifie and approve his preſent tack that he hes to runne of the ſaids teinds : The Aſſemblie thinks the conditioun reaſonable, and, therfor, ordaines the preſent Perſon to ratifie the ſame ; and declares that the ſaid Commendatour fall not be farther troublit for any greater proviſioun to the ſaid kirk during his ſaids tacks, be mane of the Miniſtrie ſerving that cure. Anent the propoſitioun made in the Aſſemblie vpon the privat motiouns of fundrie particular brether, from diverſe parts, to the Moderatour, de- ſyreand that a certaine number of the brethren of beſt judgement and ex- perience ſould be put apart to confidder of the chiefeſt dangers appeirand to religioun, and quyetnes of the eſtate of the countrey, and of the princi- pall cauſes therof, and how the ſamein might be moſt effectuouſlie pre- ventit; with power to them to conclude, and communicat thair beſt ad- vyces to his Majeſtie theranent, and to the Preſbitries, ſo farre as ſhalbe found expedient : The Aſſemblie finds the ſamein moſt requiſite, and, for the effect above wrytin, nominates, &c. with power as ſaid is. The quhilk brether having at length communicat thair informatioun, to- 1602. UNIVERSALL KIR K OF SCOTLAND. 1007 gether with thair awin knowledge, anent the premiſſes, Finds that ane of the cheifeſt cauſes of danger proceids from the miſcontentment of ſome out- ragious and malicious Papiſts, that rages and leaves nothing vnaſſayit to trouble; for being out of all eſperance to have his Majeſties indifferent affectioun, or overſight over them and thair religioun during his reigne; and of vthers that be the executioun of juſtice finds themſelves or thair friends and thair houſes to have ſuſtainit any loſe, and to be impairit of thair greatneſs and dependance, and to be redaćtit to live vnder the obedience of lawis vtherwayes nor they were wont ; and from the malicious buſines of certaine craftie and ſeditious perſons, that either for the preſent neceſſi- tie of thair awin eſtate, or for hope of advancement and gaine to be had in the change of the preſent governement, ceaſes not be all meanes to inflame the hearts of ſuch as they perceive to be miſcontentit in any eſtate, and making every man to fie his awin deſyre in the trouble of the countrey ; dealing in the meanetyme lykewayes with ſuch as are of the moſt fincere affectioun to religioun and juſtice, that things is not done in that integritie that is profeſt; preaſing hereby to make the godlie and good ſubie&ts the more cold adverſaries to ſuch as wold intend a trouble : For remeid quherof it is thoght good and concludit, that his Majeſtie falbe informed heiranent, that, be his awin care and foirſight, ſuch vngodly plats and counſells may be fruſtrate; and ficlyke that every Miniſter within this realme fall deale generally with thair congregatiouns and auditors, at all occaſiouns, in thair publick doćtrine in pulpitt, and with all noblemen, barrones, gentlemen, and vthers that are of any ſpeciall credit or power, particularlie in thair privie conferences, perſwading them of the Kings ho- neſt mynd for eſtabliſhing of the true religioun preſentlie profeſt within this realme, and of the executioun of juſtice, and of his ſtedfaſt reſolutioun to hazard his eſtate, lyfe and crowne, in the cauſe of the Goſpell, with the ſtanding and falling quherof, he acknowledges his ſtanding and falling to be inſeparablie conjoynit; and that they mark narrowlie the aëtiouns of all men, ſpecially of ſick as that either for religioun, or executioun of juſtice, or for the neceſſitie of thair awin eſtate, miſlykes the preſent governement, and are inclined to novatiouns, and quhom they fie in any kynd of extra- ordinar buſines by thair cuſtome; and that they make his Majeſties Miniſ- ters acquaint therwith, not ceaſing in the meane tyme to bring them to ane quyet mynd: and for this effect, that in all thair ordinarie meitings in Seſ- fiouns, Preſbitries, and Provinciall Aſſemblies, ther be a particular and 1008 THE BOOKE OF THE 1602. privat inquiſitioun in thir points as neid beis, that his Majeſties Miniſters may be advertiſed with all expeditioun : And lykewayes it is thocht expe- dient and concludit, that his Majeſties Miniſters, and ſick vthers of the Miniſtrie as ſall have occaſioun to be in any charge about his Majeſtie, in- forme the Preſbitries of the eſtate of things, as they proceid, ſo farre as it is neidful for the weill of the cauſe ; and that this advyce be extraćtit and ſent with diligence to every Preſbitrie in authentique forme. The mixt Aſſemblie is appointit to be haldin at Aberdein, the laſt Tueſ. day of Julij 1604. Thanks beeand givin to God be the Moderatour, for the confortable ſucceſſe of this preſent Aſſemblie, the brethren were diſmiſſed. º 1606. UNIVERSALL KIRK OF SCOTLAND. 1009 A.D. M.D.C.I.V. LAT Aberdeen the laſt day of July the year of God 1604, within Sanét Nicolas pariſh kirk of the Burgh of Aberdeen, at four hours after noon, or thereby, before theſe witneſſes, Mrs Peter Blackburne, James Roſs, Archi- bald Bleckburne, Miniſters at Aberdeen, John Rough, Miniſter at Nig, Mr Thomas Nicolſon, Commiſſar at Aberdeen, and George Nicolſon, bur- geſs of the ſaid burgh. The which day, in preferce of the witneſſes foreſaids and of us Connotars Publick under ſubſcribing, compeared perſonaly within the ſaid pariſh kirk Mrs James Melvill, William Areſkine, and William Murrey, Miniſters of the Evangel of Jeſus Chriſt, and preſented a Commiſſion given unto them be their brethren of the Preſbytrie of Sanét Andrews, wherby they are conſtitut Commiſſioners for them for keeping of the General Aſſembly at Aberdeen the month of July inſtant, as the ſaid Commiſſion, which was read in audience of us, and the ſaid witneſſes, in itſelf at more length bears; whereof the tenor followes. At Sanét Andrews the 26 of July 1604 years, the which day, after in calling of the name of God, the Preſbytrie conſtituted and appointed their brethren, Mrs James Melvill, William Areſkine, and William Murrey, their Commiſſioners to the General Aſſembly appointed to be holden at Aberdeen this month, giving to them their full commiſſion and expreſs to paſs to Aberdeen; and there, for the ſaid Preſbytrie, and in their name, to reaſon, vote, and conclude in ſuch things as ſhall be handled in the ſaid Aſſembly, and to doe whatſomever other things belong to the well of the 6 M 1010 THE BOOKE OF THE 1604. Kirk; promiſing to ratifie and approve whatſomever their Commiſſioners ſall doe therinto, according to the Word of God. In witneſs whereof they have commanded their Clerk to ſubſcribe this preſent commiſſion, day, year, and place foreſaid. * Sic ſubſcribitur, Mr Robert Rough, Clerk of the Preſbytrie, at command of the ſame. And therewith gave in, and preſented in writ their proteſtation ſubſe- quent, which ficklyke was read in audience of us, and the ſaid witneſſes; and was ſubſcribed with their hands in our preſence, whereof lykways the tenor followeth. For as much as albeit the Kirk of Scotland ever ſince the reformation of religion, and light of the Goſpel, rightly informed and inſtrućted thereby, have thought it a moſt neceſſar duty aughtand to Chriſt, and his Kirk, to conveen in their General Aſſemblies yearly, for keeping of the puritie of doćtrine, exerciſing of diſcipline, and governing of the whole eſtate thereof with uniform conſent and agreement, lyke as they have been in continual cuſtom, uſe, and poſſeſſion, to keep the ſame inviolable, as a chief and prin- cipal part of the office of the Miniſtrie commanded be the Lord Jeſus Chriſt; as alſo God has moved the heart of the King our Soveraign, with conſent of his Majeſties Eſtates in Parliament, be ſpecial ačt and law to ratifie and approve the ſame, granting liberty and freedom to the Miniſters of the Kirk to conveen in their General Aſſemblies once in the year at leaſt, and oftner pro re nata ; and the Kings Majeſty, of his ſpecial care and affection to the Kirk of Jeſus Chriſt within his Hienes realme, gave his own preſence at divers General Aſſemblies, as at the laſt holden at Halyrudhouſe; where certain grieves being given in, and amongſt the reſt, that the General Aſſemblies were not ordinarly keeped, his Majeſtie with the ſaid Aſſembly ordained that to be ammended in tyme coming, appoint- ing the aët of Parliament made thereament to be obſerved, inferting the very words of the ſaid ačt of Parliament in the ordinance of the Aſſembly; and according thereto, at the ending of the ſame Aſſembly, appointed the next General Aſſembly to be holden at Aberdeen, the laſt Tueſday of July, in the preſent year 1604. Nevertheleſs that day being now come, and in- ſtant wee found no appearance of keeping of the ſaid appointed Aſſembly be the preſence of the laſt Moderator, nor convention and meeting together 1604. UNIVERSALL KIR.K OF SCOTLAND. I011 of brethren, Commiſſioners direéted from Provinces and Preſbytries, to the great diſpleaſure and grief of our hearts, namely, in ſo needfull a tyme, when meſſes are broken furth in divers parts of ſome of the chief burghs of the realme, Perth and Linlithgow ; kirks and congregations lye pitifully unplanted; a careleſs coldneſs in all eſtates, namely of the Miniſtry itſelf, of the Goſpel and glory of the Lord Jeſus; and Atheiſm with all kind of vice overflowing the face of the land : Therefore wee Mrs James Melvill, William Murrey, and Areſkine, Miniſters, Commiſſioners appointed be the Preſbytrie of Sanét Andrews to this preſent General Aſſembly, having preciſely keeped the foreſaid day ſet for the ſaid Aſſembly, and attended in the Kirk of Aberdeen all the forenoon, without meeting of any Com- miſſioners from other Preſbytries, ſince wee could doe no more, haue thought it our neceſſar duty, before God, and his Angels, and yow that are preſent, to take documents, and make proteſtation: Lyke as in the hands of yow Notars Publick wee take acts, inſtruments, and documents, that wee above nominat are here preſent, direéted in commiſſion from our ſaid Preſbytrie of Sanét Andrewes, for keeping of the ſaid appointed Ge- neral Aſſembly, on this day, and in this place, fo that it deſert not ſo far as lyeth in us, but may hold and keep according to the Word of God, conſti- tutions, and continual cuſtome of our Kirk, the laws of the realme, and appointment of the laſt General Aſſembly, wherein the Kings Majeſty was preſent. And wee proteſt before God, as ſaid is, that whatſoever ſkaith, dammage, or hurt the intereſt of the Kirk and Kingdom of Jeſus Chriſt within this realme, in the priviledges, liberties, and freedom, or otherwayes, in the general or particular eſtate thereof, ſhall happen to ſuſtain or incurre be the overſeeing, negle&ting, and ſlipping of the ſaid appointed Aſſembly, it be not imputed to us nor our ſaid Preſbytrie of Sanét Andrewes : Pro- teſting alſo expreſſly, that the ſame, if any be, may be amended and redreſſ. ed be remeed of the Word of God, laws of the realme, ačts and conſtitutions of our Kirk, and old liberty and freedom thereof, at ſuch tyme and place as God ſhall think convenient. Thus proteſting, and procuring moſt in- ſtantly and ſolemnly for the well, priviledge, and liberty of the ſaid Kirk and Kingdom of Jeſus Chriſt, eſtabliſhed within this realme, moved and ſtirred up thereto for no other cauſe, as God the great Judge ſhall judge us, but that wee may doe and diſcharge a moſt neceſſar duty for the glory of Chriſt, ſafety of this Kirk, and the eaſe and relief of our conſciences, in 1012 THE BOOKE OF THE 1604. that great day of his glorious appearance to call us to account of our Min- iſterie and diſpenſation. Sic ſubſcribitur, Mr James Melville, Mr William Areſkin, Mr William Murrey. Which Commiſſion and Proteſtation being read, and preſented, as ſaid is, Mrs James Melvill, William Areſkine, and William Murrey made their proteſtations conforme thereunto, and took documents and inſtruments thereupon, in the hands of us Connotars Publick under ſubſcribing, day, month, year, and place foreſaids, and before the witneſſes above mentioned, witneſſing theſe our ſubſcriptions manual. Ita eſt, Magiſter Thomas Mollefonus, Scriba communis burgi de Aber- deen, Notarius Publicus, ac teſtis ad praemiſſa requiſitus et rogatus; Teſtante hac mea ſubſcriptione manuali. Ita eſt, Gualterus Robertſone, Scriba ſubſtitutus burgi de Aberdeen, Connotarius Publicus in praemiſſis ſpecialiter requiſitus; Teſtanti- bus his meis figno et ſubſcriptione manualibus. Ita eſt, David Marr, Connotarius, in praemiſſis rogatus et requiſitus ; Teſtante hac mea ſubſcriptione manuali. 1605. . UNIVERSALL KIRK OF SCOTLAND. 1013 A.D. M.D.C.V. July 2.” THE which day divers and fundrie brethren from divers and fundrie places and provinces in the land, inſtrućted with ſufficient commiſſions from their Preſbytries, to reaſon, vote, and conclude in the General Aſſembly appoint- ed be his Majeſties Commiſſioner, and Commiſſioners of the General Aſ. ſembly, with continuation, direéted from Perth the 4 of July, the year of God 1604, ſubſcribed be his Majeſties Commiſſioner the Laird of Laurif. toun, and Mr Patrick Galloway Moderator of the laſt General Aſſembly holden at Halyrudhous, and Richard Thomſon Clerk to the Commiſſioners, to be and begin at Aberdeen the firſt Tueſday of July 1605 years, if be ſooner advertiſment it cannot, being lawfully aſſembled upon the ſaid war- rant and direétion, according to the warrant of the Word of God, laws of the countrey, and continual cuſtom of the Kirk of God therein. After in calling of the name of God be Mr David Rait in abſence of the laſt Mo- derator, Mr Patrick Galloway, Mrs Robert Durie, John Monroe, John Forbeſs being put on leit, Mr John Forbeſs, with uniform conſent of the * The great Commissioner Laurestoun with the Commissioners of the General Assembly had written to all the Presbytries, for keeping of a General Assembly at Aberdeen the second of July. The missives directed to the Presbytries, subscribed be Richard Thomson Clerk to the Commis- sioners of the General Assembly, differed in the day; in the missives directed to the North, was appointed the second day of July; in the missives directed to the South the 5th day: Therfore some came the 2d day, and some the fyft day. 1014, THE BOOKE OF THE 1605. whole brethren, was choſen Moderator; his Majeſties Commiſſioner, the Laird of Laureſtoun, having firſt nominated the ſaid Mr Forbeſs to be mouth of the reſt. And Mr John Sharp, in abſence of Mr Thomas Nicol- fon, with conſent of the whole brethren, was nominat and choſen Clerk. The ſame day his Majeſties Commiſſioner, having firſt be word declared the decree of his Majeſties Secret Counſell touching the ſaid meeting, did give in a letter direéted for the Lords of his Majeſties Secret Counſell, to the brethren of the ſaid Miniſtry conveened at the ſaid Aſſembly : The tenor and contents whereof follows. Truſtie friends, After our heartie ſalutations, hearing that ye have ap- pointed an Aſſembly to be holden and keeped there at Aberdeen in the month of July next to come, whereby the Kings Majeſtie may take ſome occaſion of offence againſt yow; ſeeing neither has his Majeſtie been made privie to your reſolution, nor yet has his Hienes conſent and allowance bein ſought and obtained to that effect, according to the law and cuſtome enviolablie obſerved the many years by gane, wee have thereupon thought meet hereby to advertiſe you to conſider this matter as appertaineth, and wiſely to forfee what prejudice ſuch raſh and unadviſed proceedings may draw upon your eſtate : For wee are perſuaded, if ye proceed to the hold- ing of this Aſſembly without his Majeſties approbation and allowance, that his Hienes will very hardly digeſt that matter, and will account the ſame as a contempt touching his Majeſtie in a high degree : And therefor it is our will and pleaſure, and wee think it meet, and expedient for your oun well, and the peace of the Kirk, and for intertaining aud cheriſhing that chriſtian harmony which ſhould be betwixt his Majeſtie and yow; that ye diſſolve yourſelves, repair every one to his own houſe and calling, and ſuffer this meeting to deſert. And before ye appoint any new meeting, or Aſſembly, that ye acquaint his Majeſtie therewith ; whereby, as ye ſhall teſtifie your obedience and conformity to his Majeſties will and his lawes, ſo we doubt not but his Majeſtie, upon your oun ſuit and ſupplica- tion, will in reaſon give you contentment and ſatiſfaction herein. Wee have at greater length communicated our minds in this matter to the Laird of Laureſtoun, one of his Majeſties Privie Counſell, who will at length im- part the ſame to you. And ſo wee commit you to God. From Edinburgh the 20 of June 1605. Sic ſubſcribitur, Your good friends, Montroſe Commiſſioner, Alexander Cancel- larius, Blantyre Secretar, Preſtoun, Cockburne. 1605. UNIVERSALL KIR K OF SCOTLAND. 1015 Which letters, and deſire therein contained, with the ſuit and deſire of his Majeſties Commiſſioner agreeing thereto, being rypely confidered be the ſaid Aſſembly, and having weighed the weightineſs of the affaires ne- ceſſary to be intreated, and rareneſs of their own number, divers of the Commiſſioners being ſtayed be the tempeſt of weather, and willing them, as at all tymes, to witneſs their willingneſs to ſatiſfie his Majeſtie, and Lords of the Secret Counſell, in all their reaſonable deſires, ſo far forth as might ſtand with the Word of God, and teſtimonie of a good conſcience, thought meet and expedient to continue the treating of the affairs pertaining to the ſaid Aſſembly to the laſt Tueſday of September following, and to diffolve for the preſent according to the deſire and ſuit of the letter foreſaid : And ordaines intimation and warning to be made to all the Preſbytries within the land, to chooſe their Commiſſioners, and to fend them authorized with power to the ſaid Aſſembly to be holden at Aberdeen the laſt Tueſday of September next to come anno 1605. º After the which ordinance his Majeſties Commiſſioner made proteſtation, that from the beginning he did not acknowledge the preſent meeting for a lawfull Aſſembly, in reſpect of the abſence of the laſt Moderator, and Clerk ordinar. The Moderator in name of the brethren proteſted again, that the ſaid meeting was and behoved to be a lawful Aſſembly, in reſpect of the war- rant of their meeting the ſaid day before ſpecified, the direétion of the Word of God, the lawes of the land, and continual cuſtome of the Kirk. Which being done, the ſaid Commiſſioner cauſed charge the brethren there aſſembled, to ſuffer the ſaid Aſſemblie to deſert under the paine of horning be John Wiſhart, Meſſenger, who delivered a ſubſcribed copie of the ſaid charge to the Moderator in name of the whole : The tenor where- of followes. James be the grace of God, &c. For as much as albeit wee have ſignified our will and pleaſure, that we cannot be reſolved anent the General Aſ- ſembly before the approaching Parliament, and the Parliament being ended, that wee will have occaſion to direct the moſt expedient in that matter for the well of the Kirk : Nevertheleſs wee and the Lords of our Secret Counſell are informed, that, in this mean tyme, there is a General Conven- tion and Aſſembly of the Miniſtrie appointed to be holden at our burgh of Aberdeen in the month of July next to come ; whereat a number of the Miniſtrie in this our realme intends to be preſent, wee being no wayes 1016 THE BOOKE OF THE 1605. acquainted, nor made foreſeen thereof, nor yet our conſent and allowance being had, and obtained to that effect, according to the laws, ačts, and con- ſtitutions made thereament, and to the cuſtome obſerved herein, theſe many years bygane, whereby our directions and commandements in this matter will be violated highlie, to the offence and contempt of us, our authority, and lawes : Our will is herefor, and wee charge yow ſtraitly, and com- mand, that, incontinent theſe our letters ſeen, ye paſs, and in our name and authority command and charge the whole Miniſtrie, who ſhall happen to conveen to the ſaid Aſſemblie, perſonally, if they can be apprehended; and failing thereof, be open proclamation at the mercat croſs of Aberdeen, that they ſuffer the ſaid Aſſembly to deſert, repaire every one to his own dwell- ing and charge ; and that they in no wife preſume, nor take upon hand, to conveen and aſſemble themſelves together in any place, for keeping of the ſaid Aſſembly, under the pain of rebellion, and putting of them to the norne. With certification to them, and they failgie, they ſalbe denunced rebells, and put to the horn. As alſo that ye command and charge the Proveſt and Bailies of our ſaid burgh of Aberdeen, that they ſuffer no ſuch Aſſembly, convention, or meeting of the Miniſtrie to be keeped within their toun, as the ſaid Provoſt and Bailiffes will anſwer to us, and our Se- cret Counſell, upon their dutifull diſcharge of their office. The which to do, &c. Which being read and conſidered, the ſaid Moderator, at the command of the brethren, took document, and note, in the hand of the ſaid John Wiſhart being a Notar Publick, that they were ready inſtantly to obey the tenor of the ſaid charge. The ſaid John refuſing the benefit of his office in that part, the Moderator, with the reſt of the brethren, after in calling of the name of God, diſſolved, and departed out of the Kirk, for obedience to his Majeſties charge : And the ſaid Moderator with the remnant bre- thren paſt immediately to the Common Clerks chamber of the ſaid burgh, and there took documents in the hands of James Molleſon Common Clerk : The tenor whereof followeth. At Aberdeen the ſecond day of July, the year of God 1605, in the Com- mon Clerks writing chamber of the burgh of Aberdeen, at half hour to five in the after noon, or thereby, in preſence of us Connotars, and witneſſes underwritten, compeared perſonaly the Commiſſioners of the Miniſtrie of this realme, after following ; They are to ſay, Mr Robert Durie, Miniſter at Anſtruther, Mr Andrew Duncan, Miniſter at Carraill, Mr John Sharp, 1605. UNIVERSALL KIRK OF SCOTLAND. 1017 Miniſter at Kilmenie, Mr Alexander Strauchan, Miniſter at Creich, Mr John Forbeſs, Miniſter at Afurde, Mr William Forbeſs, Miniſter at Kin- bethock, Mr James Irving, Miniſter at Tuiche, Mr Robert Young, ſome time Miniſter at Clatt, Mr Robert Reid, Miniſter at Bancherie Trinitie, Mr Charles Farholme, Miniſter at Frazerburgh, Mr William Davidſon, Miniſter at Rathen, Mr David Robertſon, Miniſter at Rugley, Mr John Monro, Miniſter at Tane, Mr Archibald Bleckburne, Miniſter at Aberdeen, Mr James Roſs, Miniſter there, and John Rough, Miniſter at Nige; and alledged, that they being conveened in the Seſſion houſe of the Kirk of this burgh of Aberdeen this day, as at the appointed day and place, for hold- ing the General Aſſembly of the Miniſtrie of this realme, they were charged be John Wiſhart Meſſenger, be vertue of his Majeſties letters, given be ačt of his Hienes Secret Counſell, of the date at Edinburgh the 20 day of June laſt bypaſt, within the ſpace of a quarter of an hour ſince, that they ſhould ſuffer their Aſſembly to deſert, repair every one of them to their own dwell- ing and charge; and that they are no wayes to preſume, nor take upon hand to conveen, nor aſſemble themſelves in any place, for keeping of the ſaid Aſſembly, under the pain of horning ; as the copie of the ſaid letters, which they ſhew to us Connotars, and witneſſes underwritten, ſubſcribed, as appeared, be the ſaid John Wiſhart Meſſenger, proports; and that for obedience to the command and charge of the ſaid letters, they inſtantly, after the giving of the ſaid charge, diſſolved, without any farther ačtion, and came immediatly furth of the ſaid Seſſion houſe and Kirk, to the ſaid Common Clerks chamber, at the weſt end of the Tolbuith of the ſaid burgh, as to the moſt publick place, to take notes, and inſtruments of their obedi- ence to the command and charge of the ſaid letters, and diſſolving of the ſaid Aſſembly in the hands of us Connotars under ſubſcribing. And here- upon they craved and took inſtruments, day, month, and year foreſaids, before theſe witneſſes, Alexander Forbeſs of Fingaſk, David Ronaldſon, John Tullidaf, Mathew Donaldſon, John Kemp baker, Alexander Thom- ſon ſkinner, burgeſſes of Aberdeen, Mr George Spence ſervitour to the ſaid Mr John Forbeſs, and Thomas Forbeſs ſon to Thomas Forbeſſe elder, burgeſs of Aberdeen. Sic ſubſcribitur, Ita eſt, Magiſter Thomas Mollefonus, Scriba Communis de Aberdeen. Ita eſt, Walterus Robertſonus, Scriba Subſtitutus burgi de Aberdeen. Mr John Sharp, Clerk to the Aſſembly. 6 N 10 18 THE BOOKE OF THE 1605, Proclamation by the King in Council. James &c. For as much as wee, be a ſpecial article ſignified with our own hand, and ſent home with the Laird of Laureſtoun our Commiſſioner, ſignified our will and pleaſure, that wee for many cauſes could not be re- ſolved anent the tyme of the General Aſſembly, before the approaching Parliament; and that in virtue of the ſaid warrant, the Commiſſioners of the General Aſſembly, according to our pleaſure, acquainted the Preſby- tries of our realme, with our commandement in that matter; and willed and deſired them to forbear all conveening, meeting, or keeping of the ſaid Aſſembly; nevertheleſs a very few number of the Miniſtrie, led with the ſpirit of diſſobedience, and contempt of all lawfull authority, moſt unlaw- fully and contemptuouſly convened themſelves within our burgh of Aber- deen, upon the ſecond day of July laſt; And miſregarding the former dif- charge given to their Preſbytries, the letters of horning executed againſt themſelves, with our Counſels miſlive letter delivered to them be our ſaid Commiſſioner, they proceeded to the holding of an Aſſembly in ſuch forme, as neither the abſence of the beſt of the Miniſtrie, who would attempt no- thing might be offenſive to us, or prejudicial to the authority of a lawfull and ſolemne meeting of ane Aſſembly, nor the diſſenting of our Commiſ- - - fioner, that anything ſhould be done therein, could make them diffolve, - - - - while firſt they had made eleētion of their Moderator, and appointed a new day to their next Aſſembly; and they knowing that their inordinat meeting, which was aſſiſted with ſo few of the Miniſtrie, and that of the moſt ignorant and leaſt accounted, could not have the ground and warrant of a lawfull Aſſembly; and that there could not be any law, practick, or cuſtom of any other reformed Kirk in Europ, to juſtifie and approve their doings: Lyke as the whole Commiſſioners of the General Aſſembly hav- ing aſſembled themſelves thereafter, and after due confideration of their fooliſh proceeding, having found the ſame to be no lawfull Aſſembly, and all utterly diſallowed the ſame, the ſaid Miniſters thereof, in further con- tempt and diſdain of us, our Counſel, and Commiſſioners, have continually ſenſyne buffied themſelves in ſoliciting and procuring the approbation, con- ſent, and allowance of the whole Preſbytries of our realme, to their info- lent and unlawfull proceedings, minding thereby to make their privat and fačtious proceedings to be a common cauſe of the Kirk, and by ſoli- 1605. UNIVERSALL KIRK OF SCOTLAND. 1019 citing ſuch unlawful approbation of the Preſbytries to pervert the whole order of our General Aſſemblies: wherein not only the perſonal preſence of the whole, or moſt part of the Commiſſioners of the Preſbytries of our realme, is alwiſe neceſſary ; and without the which there cannot be an Aſſembly, but our own conſent, or conſent of our Commiſſioner being pre- ſent, which is altogether requiſit : and ſo as they began with contempt of us, and break of our lawes, even ſo their unlawfull courſe and progreſs of their proceedings tend to nothing," but to heap contempt upon contempt, and will produce farther inconveniences, without remeed be provided. Our will is herefore, and wee charge yow ſtraitly and command, that in- continent thir our letters ſeen, ye paſs, and in our name and authority command and charge and inhibit all and fundrie Synods, Preſbytries, and Seſſions of kirks, and Miniſters within our realme, be open proclamation, at the Mercat Croſſes of the head burrowes of our realme, and other places needfull, that none of them preſume nor take upon hand privatly nor pub- lickly in their Seſſions, or meetings, nor in Conference, fermons, nor no other manner of way, to authorize, approve, juſtifie, or allow the ſaid unlawfull meeting, and Aſſembly at Aberdeen; neither yet to make any ačt thereupon, nor doe any other thing, in privat or publick, which may ſeem to countenance the ſaid unlawfull Aſſemblie, under the pain to be reputed, holden, eſteemed, and purſued as guilty of this unlawfull meeting, and to be puniſhed therefor with all rigour. And ficlyke, that ye command and charge all and fundrie Lords, and Barons, and gentlemen, Magiſtrats, and all other our lieges, who ſhall happen to be preſent, and hear any Miniſters in publick or in privat conferences, and ſpeeches, or in their ſermons, to approve and al- low the ſaid unlawfull Aſſembly, raile and utter any ſpeeches againſt our royal commandements, or proceedings of our Counſel, for puniſhing and ſuppreſſing ſo hainous enormities, that they make relation and report thereof to our Counſel, and furniſh probation; to the effect the ſame may be condignly puniſhed, as they will anſwer to our Counſell thereupon : certifying them who ſhall hear and conceal the ſaid ſpeeches, they ſhall be eſteemed allowers of the ſame, and fall be tane order with, and puniſhed therefore without favour. The which to doe, &c. Given at Edinburgh the eight day of Auguſt 1605. 1020 THE BOOKE OF THE 1605. Copie of the Kings Miſfive ſent to the Preſbitrie of Dumfermline. Truſtie and weel beloved, we greet you heartily well. Our knowledge of the jealouſies and diſtraćtions of the late time, ariſeing without anie neceſ- far or eſſential cauſe in the Kirk of Scotland, the progreſs whereof might tend to open diffenſion among the Paſtors, to their own trouble, the evil ex- ample of our people, and our miſcontentment, having moved us to ſend for a number of the Miniſtrie, whom we underſtand to be of knowledge and good experience, that by their information the cauſe of theſe greeves might be truelie known, and the beſt means deviſed for removing ſuch unneceſ. ſarie conventions, and reducing their proceedings to a ſettled good order for their own quietneſs and our obedience, we have not received that ſatiſ- faétion of them which we expected, their anſwers tending more to ignor- ance of theſe diſtraćtions and grudges, (which to our grief are verie mani- feſt to the world,) nor to anie advice of the remedies therof; and becauſe we could not be blameleſs of undutifull negligence, if we ſhould leave any good means unaffayed, which might bring readieſt remeed unto bypaſt diſ- orders, and beſt aſſurance for good order in the Kirk and obedience to our authoritie in time comeing : Therefore we have thought it neceſſarie to ap- point ſome Noblemen and others of our Counſell to conveene with a good number of godlie, wife and learned Miniſters of the Preſbitries of that our Kingdom, at Linlithgow the 10 day of December next to come, to adviſe and reſolve upon the remeeds of bypaſt diſtraćtions, preventing of immi- nent dangers be the daylie increaſe of the number of Papiſts travelling in all corners of that Kingdom, to diſturb the peace of the Kirk and countrie, and to ſubvert our royal eſtate, and for ſettling of good order and quiet- neſs in the Kirk, and obedience to our authoritie: For which purpoſe our will is, that ye direét Mr John Fairfull, Miniſter of Dumfermline, Mr Andrew Forreſter, Miniſter there, and Mr James Stewart, Miniſter at Sauling, of your Preſbitrie, to be preſent with ſuch of our Nobilitie and Counſell as we have commanded to meet them the ſaid day and place, that be them they may know our godlie and juſt deſires, and that ſuch as ye ſend may give their information, advice, concurrence and judgement for the furtherance of good order, peace, and obedience in the Kirk and countrie to our authoritie, preventing of Papiſts courſes, delating of the names of the authors therof, and ſuch as receipt Jeſuits, Prieſts, and trafiquing 1605. UNIVERSALL KIRK OF SCOTLAND. 1021 Papiſts, or other excommunicated perſons; as alſo ſuch as reſort not to the Kirk and communion according to our laws and ačts of Parliament made thereament; and in all other matters of the like nature, tending to the peace of the Kirk and our obedience, whereanent our conſtant affec- tion to the advancement of all ſuch godlie purpoſes will be more largelie fignified unto them att the ſaid meeting, be ſuch of our Nobilitie and Coun- fell as have our expreſs direétion in theſe matters. So reſting aſſured of your conformitie and dutifull obedience in the performance of this our com- mand tending to ſo godlie and neceſſary ends, we bid you heartilie fair- weel. Att Newmarket the 20th of Oétober 1606. To our truſtie and well beloved the Miniſters of the Preſbitrie of Dumfermline. 1022 THE BOOKE OF THE 1606. A. D. M.D.C.VI. IN the Aſſemblie of the Kirk of Scotland conveinit be his Majeſtie and haldin at Linlithgow, Anno 1606, Seſſio 1a, 10 Decembris, Were preſent the Noblemen following: Cullroſs. Clerk Regiſter. Halyrudhouſe. Bruntiland. . — Mr of Lothian L.Newbottle. Juſtice Clerk. Kilſyth. Montroſe. Lothian. Glencarne. Mr of Montroſe. Linlithgow Orkney. Lindſay. Dumbar. Wohiltrie. Wigtown. Skoone. Kinghorne. Blantyre. Abercorne. BARONs. Kinnaird. Sir John Hamilton. Torrie. Balmaine. Balcolmnie. Waughton. Inner week. Balvaird. Privie Seal. Advocat. Colle&tor. Montroſe. Blantyre. Lindſay. Kilſyth. Colle&tor. The Miniſters out of the Preſbitries were about the number of 130, out of the moſt 8, out of ſome 5, ſome 6. 1606. UNIVERSALL KIRK OF SCOTLAND. 1023 Mr Patrick Galloway, as Moderatour of the laſt Aſſembly, was defired to have preached on the morne. He refuſed, alledging he knew nothing of that meeting, and was not provided. It was anſuered, that the meeting ſhould be prorogued to the 22 of that inſtant, and ſo he ſhould have time to be provided ; but he continued conſtant in his refuſal. In end he was dealt with to make a prayer as his Majeſties Miniſter, and not as Modera- tour att the meeting, wherunto he yeilded. So the Biſhop of Orkney, Mr James Law, made the ſermon upon theſe words, Pray for the peace of Jeruſalem. Therafter Mr Patrick addreſſed himſelf to the Moderatours place, prayed, and made a diſcourſe upon Math. 18, 20. He opened the cauſes why his Majeſtie appointed the meeting, namelie, to take order with Papiſts; to adviſe what way Miniſters might be better provided with con- ſtant ſtipends; and how jarres among the Paſtors might be removed. The Erle of Montroſe principal in the Commiſſion followed with a ſhort harangue, which was explained by Mr Patrick, becauſe his voice was weak. The ſum wherof was, that we had all cauſe to praiſe God for the care that his Majeſtie had for the peace of this Kirk and maintainance of the freedom therof; and ended with ane exhortation to the brethren conveened, to judge charitablie of his Majeſties proceeding, and to give to his Hienes ſatiſfaction in the matters to be proponed. Mr John Preſtown ſeconded him with a large diſcourſe of the pains and travells which his Majeſtie had taen in the affairs of the Kirk, the manie good laws made by his Majeſtie for maintainance of religion, the great care his Majeſtie had to have all the Kirks of Scotland planted, and how in all the expeditions made in the South and North againſt his Hienes rebells, his Majeſtie employing ever ſome time in the affairs of the Kirk: And ſo ended with exhortation to give his Hienes ſatiſfaction. The Clerk of Regiſter followed, affirming that ſeeing his Majeſtie was a Chryſtian and religious Prince, and ſo well grounded in his religion to the admiration of the whole world, that he ought to be obeyed in all his direc- tions, alledging Paul in his Epiſtle to Timothy, exhorting, for the peace of the Kirk, to pray for all Princes, eſpecialie for the tyrant Nero, under whom they then ſuffered perſecution. He remembred ſome ſpeeches uttered by ſome of the Princes of Germanie, namelie the Duke of Saxony, extolling his Majeſties conſtancie in his religion; and ſo inferred, that ſeeing ſtrangers had ſo reverent regard of his Majeſtie, his own ſubjećts ſhould not be lead with a finiſtrous conceit. 1024 THE BOOKE OF THE 1606. After this, Mr Patrick Galloway ſaid it was needfull that there ſould be a Moderator choſen, and produced 4 in leit, viz. Mr Patrick Sharp, Mr Robert Howie, Mr Alexander Lindſay, Mr James Nicolſone; and the ſaid Mr James was choſen Moderator. When he entered into his place, he aſſumed Mr Henry Philip, Miniſter of Arbroth, to be Scribe without the oath of fidelitie. Therafter a number were nominated for the privie conference, which was appointed to be that afternoon ; and ſo the Aſſembly diſſolved for that day. Seſſio 2a, 11 Decembris. The Aſſembly mett at eleven hours, and after prayer the Moderator ex- amined the whole Biſhops and Commiſſioners of Preſbitries upon their diligence in ſeeking the execution of his Majeſties laws againſt the Jeſuits and excommunicated Papiſts, of whom there were ſome given in be everie Preſbitrie in writte. There was no diligence reported but excuſe ; and the chief excuſe was upon the overfight granted to the Marqueſs of Huntlie and his Ladie. After a ſharp rebook given unto the Biſhops and the Commiſſioners for their negligence, and overſight in that point, the Aſſem- blie diffolved for that night, and the Conference appointed to meet the morne att 8 hours. There were handled theſe points; 1. Anent the ſuppreſſing or reforming of Papiſts; 2. Anent the planting of all the kirks in this land; 3. Anent the remeed of the eyeliſts and diſtraćtions that were among ourſelves in the Miniſtrie here. 1. For the ſuppreſſing and reforming of Papiſts. The Papiſts were ranked thus. Some were Jeſuits, Prieſts, ſayers and hearers of Meſſe; and the whole number of Miniſters were poſed in com- ſcience to delate their names. Manie ample promiſes were made and concluſions taken for proſecuting the laws with all rigour againſt them ; yea his Majeſties guarde here was then to be directed to take and appre- hend them. Some were recuſants or not communicants, who were ordeaned to be 1606. UNIVERSALL KIRK OF SCOTLAND. 1025 proceſſed be the Kirk with all expedition, and their names alſo to be givin in with the roll to the Counſell, who promiſed to exačt the penaltie in the law preſcribed againſt them, who att leaſt communicat not once everie year, and no exceptions of perſons to be ; and this to be the civill puniſh- ment without prejudice of our cenſures; and promiſe made that no letters ſhall be directed from Counſell, as was wont, to ſtay our diſcipline againſt anie perſoun whatſoever. Some were Noblemen contrarie minded and not as yett reſolved, albeit they have ſubſcribed, ſworne, and communicated ſome time with us. Theſe were ordained with all diligence to addreſs themſelves to ſeveral burghes to hear the Word, confer, &c. for their better reſolution ; and yett to be proceſſed, except they wait well on and profited &c. The Noblemen ſuſpected of Papiſtrie are ordained to be confined in the towns following, viz. the Erle of Sutherland, his wife, and mother, in Innerneſs; the Erle of Cathneſs and his Lady in Elgine; the Marquiſs of Huntlie, his wife and bairns, in Aberdeen ; the Erle of Angus, his wife and bairns, in Glaſgow; the Erle of Hume and Lord Hereis in Edinburgh; the Lord Maxwel in Lyth ; the Lord Semple in Iruing. And that theſe things might take effect according to the mind of that meeting, theſe two orders were deviſed. 1. That a letter of requeſt ſhould be formed and ſent to his Majeſtie, for cauſing the foreſaid Noblemen reſort with diligence to their ſeveral appointed cities. 2. That ſome brother be appointed ane Agent in everie Preſbitrie, to informe the Counſell of all Papiſts, Jeſuits, or Excommunicants within their bounds, to raiſe Letters, to keep the Counſells dyets, and to ſee the Counſells decreits put in execu- tion, who ſhould be a conſtant Moderator to be anſwerable for his diligence in theſe points; and for his ſervice he ſhall have in penſion of his Majeſ- ties patrimonie ane hundred Scottiſh pounds, if he be not a Biſhop in that Preſbytrie: Otherwiſe, where the Biſhop is, he ſhall have the burthen and receive no gain therefor. The A&ts of the General Aſſemblie anent the inſtructing of Noblemens ſons at home, who paſſing out of the countrie returne Papiſts, are promiſed to paſs be ſtatute in the next Parliament. 2. For planting of Kirks. 1. The Lords Modifiers choſen and appointed att Parliament promiſſed 6 o 1026 THE BOOKE OF THE 1606. to fitt down att Edinburgh the firſt of January, for modification of ſtipends to the Abbey Kirks of this new erection; the ſame to be done in Biſhops Kirks, and that be reaſon the aët of annexation was diſſolved in their favours in this laſt Parliament. 2. The benefices of cure, wherof Noblemen have a good part of the rent of, the Moderators, Biſhops, Commiſſioners, are appointed to deale with our Lords of the College of Juſtice, for obteaning decreitts att leaſt for ſufficient proviſion. 3. Where they are ſmall benefices and ſett in tacks, to deal with the tackſmen for obteaning augmentation, and that be offering unto them new tacks, the grefſome or entrifle filver wherof ſhall acreſs to the ſtipend in all tyme comeing, and not be employed to anie mans privat uſe; and who refuſeth augmentation, or this condition, their names to be ſent to his Ma- jeſtie, who ſhall take farther order with them, or ellis their tacks to be ſett to others. 4. Where kirks are near adjacent, and aither mean in number or provi- fion, then the Parliament ſhall unite two in one, and provide for them. 3. For takeing up the eyeleiſts among the brethren, the cauſes therof were tryed to be theſe. 1. The warding of the brethren now baniſhed and ſcattered, wherof the remeed was thought to be this, viz. a letter of ſupplication was appointed to be written to his Majeſtie, and a writte of information to be formed be ſome of that number who were beſt acquainted with his Majeſties mind and pleaſure, to be ſent to the brethren to acknowledge their overfight. 2. The want of a General Aſſembly, which, with advice of his Majeſties Commiſſioner at that meeting, was appointed to be holden at Edinburgh on the laſt Tueſday of July nixt. 3. A heavie ſuſpicion and fear in all good mens hearts, that inbringing of Biſhops in our kirk ſhould ſpoil us of our diſcipline, &c. For remeed wherof, the Biſhops proteſted there was no ſuch thing in their mindes, and willinglie ſubmitted themſelves in all time comeing to the judgement of the General Aſſemblie; and that his Majeſties minde and pleaſure was never otherwiſe, but that the moſt wife and grave men might be Moderators of the Preſbitries ad culpam, who ſhould be ſubject to the judgement of the Provincial Aſſemblies, without any farther pouer 1606. UNIVERSALL KIR.K OF SCOTLAND. 1027 than they had before, except that his Majeſtie would have them members of his Parliament for the Kirk. Some objećted their non reſidence within their Diocie, and not preaching there where their benefice lay. They an- ſwered, their benefices were ſpilt and wanted preſent proviſion; and there- fore required a time to ſeek the benefite of the law. - That meeting ordeaned, that betuixt that time and July nixt, they ſhould either make reſidence, or demitt their place to others who ſhould do the ſame. Then came in his Majeſties deſire, that untill the time that Papiſts were repreſſed, and jarres removed out of the Kirk, a conſtant Moderatour might be appointed for everie Preſbitrie, becauſe in the changing of the Moderator the diligence of executing the proceſs failed, becauſe the new Moderator was unacquainted with the former proceedings. It was an- ſuered in the privie conference, that all the preſbitries and everie brother thereof ſhould know the eſtate and proceedings of matters, and ſo might be able to put matters in execution, and much more the fitteſt to be choſen to the purpoſe, according to the nature and eſtate of the affaires in hand. Mr Patrick Galloway proponed 3 difficulties. 1. The prejudging of the Preſbitries in their free eleētion, who did beſt know the qualities of their members. 2. The tyrranizing of ſuch a Moderatour over his brethren, and uſurpation of juriſdićtion and authoritie over them. 3. The prejudice of the General Aſſembly in the free nomination of Commiſſioners for everie Preſ. bitrie, ſeeing by all appearance there was no other thing meant but to make a General Aſſembly conſiſt of Biſhops and Moderatours of Preſbitries. For removing of theſe difficulties, it was provided, that the Moderator ſhould be anſwerable to the Synod for all his overſights and offences, and removeable be them after a lawfull tryall; and the worthieſt of the Preſ. bitrie preferred to his place. That everie Preſbitrie ſhould have free election of two or three Com- miſfioners to everie Aſſembly; and that it ſhould be in their option to make choiſe of the Moderator or not; alwiſe all the Moderators are appointed to be preſent at everie Aſſembly. Theſe cautions being ſett down, and the articles fullie aggried upon in the privie conference, it paſt in open Aſſemblie, and agreed upon, that he who before was named the Agent, ſhould be this conſtant Moderator. Two were non liquet; 4 refuſed to vote as wanting commiſſion; 125 Miniſters agreed. - 1028 THE BOOKE OF THE 1606. Laſt, There was an admonition and exhortation given to all the brethren, to entertean alwife charity and love among themſelves, and to bewar to ſpeak any thing unadviſedly againſt his Majeſty. The great Commiſſioner the Erle of Dunbar thanked the Convention in his Majeſties name, deſired the whole brethren to thank him, ſeeing they had found all things to their contentment, and pray for him; and to make it knoun to their brethren and people, ſo ſoon as they came home, what good was done att that Convention. The Erles of Caſſils and Eglintown thinking all things well done, deſired a copie of all things concluded before their departure. It was alledged that could not inſtantlie be done. They promiſed with all diligence to go to Edinburgh and there cauſe putt in print all things concluded att that meeting, that all men might know them. C.] Seſſio 3a. 12 Decembris. In lyke maner the Conference finding that nothing mair weakened the credit and ſtrenth of the Miniſterie and diſcipline of the Kirk againſt Pa- piſts, nor mair emboldned the adverſares to goe fordward in their erronious courſe, than the appearances of diviſion in the Miniſtrie amang themſelves, and the alienation quhilk ſeemeth to be of his Majeſties mynd from ſome of them : Therefor, the removeing of all eyelyſis and ſhew of diviſion and alienation of mynds, either amang the Miniſters themſelves, or of his Majeſties good affection and favour from any of them, was thocht ane ſo- veraigne remedie for the effectual ſuppreſſing of Papiſtrie. And having ſearched and found out the cauſe of the diſtraćtion and alienation of mynds forſaids in the Miniſtrie, to be partlie a feare that ſome of their brether was of purpoſe and vpon courſe to ſubvert the libertie and diſcipline of the Kirk of Scotland, by removing their Seſſiouns, Preſbytries, Provinciall and Gene- rall Aſſemblies, or by vſurping in thair awin perſons ſome ſick tyrranous and vnlawfull juriſdićtion as is no wayes lawfull, neither to be tolerated in a truelie Chriſtian reformed Kirk, and to ſhake off that obedience to all good ordour and comelines, eſtabliſhed or to be eſtabliſhed by the laufull aſſemblies with his Majeſties conſent ; and partlie a greife that ſome of the brether were baniſhed foorth of his Majeſties dominions, and vthers diſeaſed be long warding and relegation from their habitations and charges : And 1606. UNIVERSALL KIRK OF SCOTLAND. 1029 finding lykewayes be the declaration of his Majeſties commiſſioners, and ſick as were privie to his Majeſties mynd, that his Hienes was no leſs grieved with divers formes and actions of ſome of the Miniſtrie, for not haveand due regard and care to vſe ſick courſe in their ačtions and adminiſtratioun in the Kirk affaires, as might ſerve to intertain a ſolid peace and quyetnes betweene his Majeſtie and them, as lykewayes mutuallie amang themſelves; and in ſpeciall, that the charge of that governement was oftentymes and almoſt ordinarlie committed to fick as, for lake of wiſdome and experience, was no wayes able to keip their eſtate in any good frame or quyetnes, quherynto his Majeſtie imputed the chiefeſt cauſe of all the greifes and troubles quhilk had fallen out this lang tyme annangſt the Miniſtrie them- ſelves, or any offence given be any of them to his Majeſtie ; and that his Majeſtie could not be ſatiſfied quhill this inconvenient were firſt removed, and a faithfull remedie provyded, that heirafter the lyke ſould not fall out, quhilk his Majeſtie ſummarlie comprehended in this, if the affaires of the Kirk ſould be adminiſtrat be the wyſeſt and moſt godlie ; wheranent alſo his Majeſties ſpeciall overture as heirafter followes, was proponed. It is his Majeſties advyſe to this Aſſemblie, and pleaſure, that preſentlie ther be nominat in everie Preſbyterie ane of the moſt godlie and moſt grave, of greateſt authoritie and experience, and meiteſt for governement, to haue the moderation of his Preſbyterie quhere he remaines, till the preſent ſlurres and fyre of diffention qwhilk is amangs the Miniſtrie, to the great prejudice of the authoritie and credit [of the ſame, and the hinderance of the Goſpell, and his Majeſties high offence, be quenſhed and taken away; and the noblemen and others profeſſing Papiſtrie within this kingdome [be either reduced to the true profeſſion and obedience of the Goſpell, or ellis] ſo repreſt by juſtice and execution of lawes, or be the labours of the Mini- ſtrie and diſcipline of the Kirk, that they be not able to hinder the courſe of the Goſpell, or ſtrenthen and encourage the credit and power [of falſe religion, and that the chiefeſt burthen of delation of the ſaid Papiſts, and ſoliſtation for juſtice and execution] of laws againſt them be committed unto the ſaids Moderators, and that the Biſhops in the Preſbyteries quher they are reſident in ane of the kirks of the Biſhopric, have this care and burden committed vnto them ; and ſeeing that it will crediblie fall out that in the Preſbytries, through the greatnes of parties and the langfumnes and diffi- cultie of proceſſe, the ſaids Moderators will ſometymes be conſtrained to referre the doing heirof to the Provinciall Aſſemblie and the Moderators 1030 THE BOOKE OF THE 1606. therof: It is therfor his Majeſties advyſe and pleaſure that the modera- tion of the Provinciall Aſſemblie, and perſewing of a&tions of greateſt diffi- cultie be committed vnto the Biſhop makand lawfull reſidence within the ſaid province, or to the worthieſt of them quhen it fall happen moe than ane to be in ane province, in reſpect that his Majeſtie hes beſtowed vpon them moyane and places, quherby they may be able to beare out the charges and burdein of difficile and dangerous ačtions quhilk other miniſters were not able to ſuſtane, and lykewayes, by their credit and place in counſell, are able in ſick cauſes, to procure greater celeritie and execution of juſtice as in fick caſes will be requiſite, than vthers. The Conference having advyſed, firſt, anent the taking away of the for- ſaids feirs and ſuſpitions, and ſatiſfaction of the griefes, and willing to vn- derſtand of his Majeſties Commiſſioners, and fick as latelie had been ac- quainted with his Majeſties intentions, and willing lykewiſe to heare the declaration of the Biſhops heiranent as touching their awin intentions and purpoſes in this errand : It was declareit, that it was not in any wayes his Majeſties purpoſe and intention to ſubvert and overthrow the preſent diſ- cipline of the Kirk of Scotland, but rather to augment and ſtrenthen the famen ſo farre as it could ſerve for the well of the Goſpell and the reſtraint of vyce, and to fie fick eyeliſts and offences as in the adminiſtration therof was the occaſion of juſt miſcontentment vnto his Majeſtie, and a hinderance to the credit and authoritie of the miniſtrie [among the people, and amongſt the Miniſtry] themſelves, removed and tane away be fick good overtures as is above expreſſed. In ſigne quherof, as ther is nothing done in derogation of the halding of the Seſſions, the Preſbytries and Provinciall Aſſemblies, ſo it was never his Majeſties intention, but that the keiping of Generall Aſſemblies at cer- taine competent tymes was, and is a moſt neceſſarie mean for the preſervation of peace and vnion in the Kirk, and extermination of all hereſie and ſchiſme in the ſame : Therfor his Majeſtie doeth graciouſlie declare, that as the Acts of Parliament doeth ſtill ſtand in full force and effect for the conveining of Aſſemblies anes everie geir by his Majeſties direction, to it is his Majeſ. ties will that the day of conveining the next Aſſembly ſalbe at Edinburgh the laſt Tueſday of July. Siclyke, the haill Biſhops declarit that it was not their intention to vſurpe and exerce any tyrannous and vnlawfull juriſdićtion and power over the brethren, nor to ingyre themſelves any wayes vnlawfullie in the Kirks 1606. UNIVERSALL KI R K OF SCOTLAND. 1031 government, or any part therof, farder nor ſall be committed to them be the Preſbytries, Provinciall or Generall Aſſemblies; and if it ſould happen to fall out that they, or any of them, ſould be found to doe the contrair, then, and in that caſe, they were content to ſubmitt themſelves vnto the cenſure of the Kirk als humblie as any other of the brether of the miniſtrie. In lykemaner, it was declared that his Majeſtie, according to his accuſ- tomed longanimitie and patience towards fick as happened to offend him of the miniſtrie, had delayed for a verie lang tyme to give foorth any ſentence againſt the brether now baniſhed, ſtill hopeing that by their good behaviour and humble fute for his Hienes pardon and favour, his Majeſtie might have occaſion to ſhew his clemencie towards them; and albeit his Majeſtie beand juſtlie provocked, was moved to give forth his will anent their baniſhment, get imediatlie, being requeiſted in their favours be the Biſhops and other brethren there preſent with them, it pleaſed his Majeſtie to declare, that their want of his favour proceidit upon their awin default, quho had never humbled themſelves to ſeek his pardon as became them. In reſpect quherof it was thought meit to direct the Biſhop of Aberdeen, Mrs Patrick Sharp, Patrick Gallaway, Robert Wilkie, John Struchane, John Hall, John Hay, with the Moderator of the Aſſemblie, to write a letter to the ſaid brether in their name, [givand them advyce ſo to frame and fend their humble] fute to his Majeſtie for his pardon and favour to them as may give his Majeſtie greateſt ſatiſfaction, and that the Aſſemblie earneſtlie requeiſted his Majeſties Commiſſioners and vthers Noblemen employed be his Majeſtie to this Aſſemblie, ſo ſoone as their ſaid ſupplication ſould come from them of the tenor forſaid, to concurre be their credit and interceſ. fion with his Majeſtie, to procure them to be partakers of that gracious favour quhilk his Majeſtie at no tyme heirtofoir refuſed to any of that profeſſion quhom he ſand willing to acknowledge and amend their overſight, and have recourſe to his clemencie; for the quhilk declaration the Confer- ence praiſed God, and thoght good that the brethren ſould be written to as is befoir ſaid, and be the brethrin befoir named. Thereafter, having confidered the overture proponed to them in his Majeſties name, and finding it in ſhew, to carie ſome appeirance of nova- tion in the diſcipline of the Kirk, and fearing that it might bring with it ſome inconvenients : Therfor the Conference wold not take on them to determine their advyce theranent, quhill firſt the mater were exačtlie 1032 THE BOOKE OF THE 1606. reaſoned in their preſence, and ſufficient remeid provyded for preventing all inconvenients [which] might [be feared to] follow thereupon : Whereupon a good number of the moſt learned, godlie, and wifeſt of the brethren of the Conference, being appointed to reaſon and heare ane after another; and having exačtly and at good length reaſoned and examined quhatſumever inconvenients might follow upon the eſtabliſhing of the ſaid overture, it was confidered and found at laſt be ane vniverſall voyce and conſent of the whole Conference, but contradićtion, that the ſaid overture was both wife and godlie, and tending many wayes to the well of the Kirk : Provydeing that certaine cautions were obſerved for preventing ſuch evils as might happen to fall out in caſe the ſaid Moderators, or any of them, [ſhould] either arrogantlie preſume to vſurpe any farder power in the ſaids Preſbyteries and Aſſemblies than it is comelie and lawfull for Moderators in ſick cauſes to doe, and preſently uſe, without innovating and altering at their owne fantaſſies, and at their owne hands, the cuſtome that the diſcreit Moderators have vſed and aught to vſe in that place, or utherwayes be found remiſſe in proponeing or proſecuting any good purpoſe or overtures quhilk ſould be given in be the brethren or any of them to the ſaids Preſbyteries and Aſſem- blies: and according to the doubts quhilk in reaſoning were found out and feared, the cautions following were aggried upon : 1. That it be provyded that the Moderators of Preſbytries and Provinciall Aſſemblies to be nominat and choſen according to his Majeſties overtures, fall preſume to doe nothing in the Preſbytries and Provinciall Aſſemblies where they moderate, without the ſpeciall advyſe and conſent of thair brethren. 2. That the ačts of the Generall Aſſemblies and caveats therein pre- ſcrybed anent Biſhops be obſerved. 3. That they ſall vſe no juriſdićtion or power farder than the Moderators of Preſbytries and Provinciall Aſſemblies has bein in uſe of, be the conſti- tutions of the Kirk befoir. 4. In caſe it fall happen the Moderators of Preſbyteries or Provinciall Aſſemblies to be abſent the time of thair convention, then it fall be in the power of the ſaids Provincialls and Preſbytries, to nominate and chooſe out the wifeſt and graveſt of their brether, to moderate their meitings in abſence of the ſaids Moderators. 5. Quhen the place of the Moderator in any Preſbyterie fall happen to vaike, the eleētion of another to ſucceed in his rowme, fall be made be the 1606. UNIVERSALL KIRK OF SCOTLAND. 1033 whole Provinciall Aſſemblie, with conſent of his Majeſties Commiſſioners, if any happen to be there preſent for the tyme. 6. And quhen any of the ſaids Moderators fall happen to depart this life betuixt Aſſemblies, it fall be lawfull to the Preſbyteries to nominat ane of the graveſt and worthieſt of their number to continue in the Moderation of the Preſbyterie quhill the nixt Provinciall Aſſemblie. 7. The Moderators of the Preſbyteries fall be ſubjećt to the tryall and cenſure of the Provincialls; and in caſe it fall happen that they be found to have been remiſſe in the diſcharge of their duetie, or [to have preſumed] to vſurpe over their brethren any farder power than is given them be the Aſſemblie, it fall be ane cauſe to them of deprivation from their office of Moderation, and they ſall be depryved therefra be the ſaids Provincialls. 8. In lykemaner, the Moderator of the Provinciall Aſſemblie fall be tryed and cenſured be the Generall Aſſemblie; and if he be found there, or to have been remiſſe from his office of Moderation, or to have vſurped any farder power nor the fimple place of ane Moderator, he fall be depryved fra his ſaid office of Moderation be the Generall Aſſemblie, 9. That the Moderator of ilk Preſbyterie and Provinciall Aſſemblie, with their Scrybes, being choſen, faithfull, wife, and formall men, be aſtriótit to be preſent at all Generall Aſſemblies as members therof, and to have the Regiſter of the aëts and proceiding of the Preſbytries and Provincialls there preſent with them, that their fidelitie and diligence may be ſein be the Generall Aſſemblie, and the eſtate of the countrey therby knawen. 10. That it fall be leiſum to ilk Preſbyterie to ſend Commiſſioners to the Generall Aſſemblie, by and attour the Moderator and Scrybe, two or thrie, according to the aët of the General Aſſemblie anent the Commiſ. fioners from Preſbitries to General Aſſemblies, if they fall think it ex- pedient. 11. That it is heirby declared, that notwithſtanding of anything done at this tyme, the Seſſions, Preſbyteries, Provinciall and Generall Aſſemblies, are to be obſerved, keiped, and obeyed as they have bein heirtofoir. 12. That the Moderator of the Generall Aſſemblie be choſen be vote of the ſaid Aſſemblie, certaine leits being firſt nominat and proponed frielie, as vſe hes bein in tymes bypaſt. 18. That in everie Provinciall Aſſemblie quher there is no Biſhop mak- and actuallie lawfull reſidence, and haveand the Moderation of ane of the 6 P 1034 THE BOOKE OF THE 1606. Preſbyteries, the Moderators of the Preſbyteries within the ſaid Province beand proponed on leitt, the meiteſt of them fall be choſen be the ſaid Aſ- ſemblie Moderator thereof, his Majeſties Commiſſioners conſent there pre- ſent beand had therto. And farder, the Conference having examined the rolls of ilk Preſbyterie, to fie if any was meiter to vſe the office of moderation than theſe quhilk befoir hes bein nominat to have the care of the delation of Papiſts and wncommunicants, they fand in their judgement, that the ſame perſons was of all vthers, in everie Preſbyterie, meiteft alſweill to moderat as to haue care of delation forſaid ; reſerveand alwayes vnto the Miniſters of ilk Preſ. byterie here conveinit, their awne priviledge and power, to nominat vnto the Aſſemblie a meiter, if any be in the Preſbyterie, for the moderation: And therefore the ſaid Conference finds it expedient, that the perſons for- ſaids accept and take vpon them preſentlie the ſaid office of moderation within the Preſbyteries reſpectivé, and that the Preſbyteries embrace and allow of them ; and for this effect, that the ſaids Moderators and Preſby- teries be requeiſted thervnto earneſtlie be this Aſſemblie, and if neid beis, lykewayis charged, that the Kirk of God be not long fruſtrat of the com- fortable effects that the forſaid ordour is able ſhortlie, be the grace of God, to produce. This overture beand proponed and declared at lenth in preſence of the full Aſſemblie, everie article and heid therof was with ane vniform conſent and allowance approved of all, without contradićtion, except only ſo farre as concerned the Moderators in moderating of Preſbyteries, and their con- tinuance in the office of the Moderation begond the accuſtomed tyme, quheranent certaine doubts beand proponit and ſatiſfied, and the Biſhops haveand given their declaration foorth of their awne mouthes anent their intentions and purpoſe, to be fubieót unto the aëts and caveats of the Generall Aſſemblie, and to make reſidence within ſuch a ſpace as ſould be limitated to everie ane of them be this preſent Aſſemblie ; and if it ſould be found expedient for the well of the Kirk, that other meiter and more worthie than they to poſſeſſe and occupie their places, to demitt their be- nefices at the pleaſure of the Aſſemblie ; his Majeſties conſent [and appro- batione] beand had thereto, wherein they promiſed, and if neid were, to be earneſt ſuiters at his Majeſties hands. Lykeas ſome of them declared, that they had alreadie moſt humblie craved the ſame of his Majeſtie for the reſpect they had to take away all offence from their brethren, provyding 1606. UNIVERSALL KIRK OF SCOTLAND. 1035 alwayes if aither, vpon his Majeſties advyſe or propoſition to the Aſſemblie, or their awne ſupplication, the Generall Aſſemblie be moved heirafter, to grant them any relaxation of any of the caveats, quhilk vpon good reaſon might appeare to the ſaid Aſſemblie to be over ſtrait, that this their promiſe ſall make no derogation to the libertie quhilk the Aſſemblie heirafter fall be moved to grant them. It was voted, and be pluralitie of votes concluded, to witt, his Majeſties Commiſſioners, whole Nobilitie, Erles, and Barrons, to the number of threttie-three, together with ane hundreth twentie and faxe of the Miniſtrie votting affirmativé, that the ſaid overture anent the continuance of the Moderators quhill the preſent diviſion of the kirk be removed, and the whole brethren broght to that unitie of mynd and affection quhilk is agree- able to their calling, and may ſerve beſt to the furtherance of the cauſe of God, and overthrow of all contrarie cauſe, and the Papiſts als fullie repreſt or brocht to the obedience of the Goſpell, ſould paſſe and be enaëted as ane of the concluſions of this Aſſemblie; the forſaids caveats beand alwayes keiped be everie ane of the ſaids Moderators, and the contraveiners cen- ſured and puniſhed as is befor expreſſed; foure only of the whole Aſſemblie be their votes diſaſſenting therfra, and vther foure refuſing to vote for want of commiſſion fra their preſbyteries, and twa beand non liquet. Extraćt foorth of the Book of the A6ts of the Aſſemblie at Lynlithgow, and ſubſcryvit be the Moderator and Scrybe thereof. Sic Subſcribitur, James Nicolſone, Moderator. Maſter Hendrie Philp, Scrybe. THE NAMEs of THE MoDERATORs of PRESBYTERIES. 3ETLAND. Mr James Pitcairne. ORKNAY. The Biſhop of Orknay, in his abſence Thomas Swin- tone, vpon his expenſes. CAITHNEs. The Biſhop of Caithnes, and in his abſence Mr Sa- muel Bruce, vpon the Biſhops expenſes. 1036 THE BOOKE OF THE 1606. TAINE. Mr Johne Ros. ARDMANNATH. Mr George Monro, to be payed by the Biſhop of Ros quhill he be reſident ther himſelfe. INNERNEs. Mr James Biſchop. For REs. Mr James Dundas. ELGIN. The Biſhop of Murray. DUMBENNAN. Mr Robert Hay, and failgeing of him Mr George Chalmers. CULLEN. Mr George Douglas. BAMFF. Mr George Hay. DEIR. Mr Abraham Sibbald. ELLONE. Mr John Reid. GARIoch. Mr Robert Burnett. AUFURD. Mr Alexander Guthrie. KINKARDIN ONEILL. Mr John Strauchane. ABERDEIN. The Biſhop of Aberdein. MERNEs. Mr Andro Ramſay. BRECHIN. Mr Dugall Campbell. ABERBRoTHok. Mr Arthur Futhie, DUNDIE. Mr John Ramſay. 1606. UNIVERSALL KIRK OF SCOTLAND. 1037 MEGLE. Mr James Nicolſone. PERTH. Mr Alex. Lindeſay. DUNKELD. Mr William Glaſs. CoupeR. Mr William Scot, and till his return Mr Johne Cald- cleuch. SANCT ANDRoſs. The Biſhop of Sanét Andrews, and in his abſence Mr Robert Wilkie, to be payit be the Biſhop. KIRKADIE. Mr John Michelſone. DUNFERMLING. Mr John Fairfull. AUCHTERARDour. Mr John Davidſone. STRIVILING. Mr Patrick Simfone. LYNLITHGow. Mr Robert Cornwall. EDINBURGH. Mr John Hall. DALKEITH. Mr George Ramſay. HADDINGTOUN. Mr James Carmichaell. DUNBAR. Mr Edward Hepburne. CHIRNESYDE. Mr John Clappertoun. DUNCE. Mr David Hoome, MELRos. Mr John Knox. KELso. Mr James Knox. 1038 THE BOOKE OF THE 1606. JEDBURT. Mr John Abernethie. TWIDAILL. Mr James Logane. LANERICK. Mr William Birnie. HAMILToun. Mr Robert Dalkeith. GLAsgow. The Biſhop of Glaſgow, and in his abſence Mr Pa- trick Sharp. PAISLAY. Mr John Hay. DUMBARTON. Mr John Blackburne, and quhill he make reſi- dence, Mr William Stewart. AIR. Mr John Inglis. IRWING. Mr Alexander Scrimgeor. DUMFRIEs. Mr Thomas Ramſay. KIRKUDBRIGHT. The Biſhop of Galloway, and in his abſence, Mr Robert Glandynning. WIGToUN. Mr James Adamſone. ARGYLE. The Biſhop of Argyle. ISLEs. Mr Robert Steuart in abſence of the Biſhop, and on his expenſes. Extract. James Nicolſone, Moderator. Maſter Hendrie Philp, Scrybe. 1606. UNIVERSALL KIRK OF SCOTLAND. 1039 Followeth the tenour of Letters of Charge to Preſbytries to accept conſtant Moderatours. James by the grace of God &c. For as much as at the General Af- ſemblie of the Kirk keeped at our Burgh of Linlithgow, in the month of December laſt, and aſſiſted be a very frequent number of the Nobility, Counſel, and Barons of the Kingdome, it was thought very meet and ex- pedient, and in end concluded, and aggreed with uniform conſent of the Aſſemblie, that for the well of the Kirk, and ſtaying of the grouth and number of Papiſts in this our Kingdome, there ſhould be a conſtant Mo- derator for a certain ſpace nominated in every Preſbytrie, who ſhould have the charge to inform the Lords of our Secret Counſell of all Papiſts and recuſants in their bounds, and to fute the execution of our laws againſt them, as in that Aét made thereupon at length is contained : Which being ſeen, and confidered be us, we have not only allowed and approved the ſame, and interponed our authority thereto; but have recommended to our Counſell, that they have a ſpecial care and reguard to ſee the ſame receive due obedience and execution ; likeas . . . . . . . was nominated and appointed Moderator of the Preſbytrie of . . . . . . And albeit it was hoped that this godlie and neceſſar concluſion, importing ſo highly the well of the Kirk, ſhould have been with all thankfullneſs received and embraced be the Preſbytries of this our kingdome : nevertheleſs the Mini- ſters of the Preſbytries of . . . . . . for what cauſe we know not, refuſe, at leaſt delay to receive the ſaid Moderator, and conforme themſelves to the ordinance and concluſion foreſaid, the continuance whereof will al- together make the ſame ineffectual, without remeed be provided. Our will is herefor, and we charge you ſtraitly and command, that incontinent theſe our Letters ſeen, ye paſs, and in our name and authority command and charge . . . . . . . . . . . . . all Miniſters of the Preſbytrie of . . . . and their Clerk of the ſaid Preſbytrie, to conform themſelves to the ordinance and concluſion of the ſaid Aſſemblie, and to receive their ſaid Moderator, and to acknowledge him in all things dew to the priviledge of that office, without excuſe or delay, within 24 hours next after they be charged be you thereto, under the pain of rebellion, and putting of them to our horn ; and if they fail therein, the ſaid ſpace being bypaſt, that ye incontinent thereafter denounce the diffobeyers our rebells, and put them to 1040 THE BOOKE OF THE 1606. our horn, and eſcheat and inbring all their movable goods to our uſe for their contemption. The which to doe we committ to you conjunétly and ſeverally our full power be theſe our Letters, delivering them be you dewly executed, and indorſed again to the bearer. Givin under our Signet at Edinburgh the vi day of January, and of our reigne the 44 year 1607. Per ačtum Secreti Conſilij. James Primroſe. Proclamation for proroguing the General Aſſembly indicted at Linlithgow to be holden at Halyrudhous the laſt Tueſday of Julie. James be the grace of God, King of Great Britain, France, &c. : For as much as the increaſe of the adverſaries of the truth, and contrarie pro- feffours, has proceeded of nothing ſo much as of the diffention of the Mini- ſtrie of our kingdome of Scotland, ſome of them by natural inclination be- ing enemys of quietneſs, and turbulent ſpirits, making choice rather to drink in mudie water, than to taſte of the clear fountain, being emboldened be reaſon of the ſocietie of a great many others who being guiltie of them- ſelves, of their own unworthieneſs, and ſmall gifts in that reſpect, out of all hope of preferrment, and therupon envayous, and uncharitable toward their brethren of the beſt quality; and all of them runne and concur to- gether like a headſtrong faction to uphold and maintain an anarchie, and thereby to induce diſorder and confuſion in that Church, to the great hin- drance of the progreſs of the Goſpel, and diſhonour and ſcandal of the pro- feſſours thereof: Whereupon we of our princely care and fatherly affection to the peace of the Kirk, deſiring rather in them to extinguiſh the fire of di- viſion, than to ſuffer it to grow to any confuſion, and being ever willing to an uniformity of minds and affections, did thereupon appoint a moſt grave, fre- quent and ſerious Aſſemblie, to be keeped at Linlithgow in December laſt by- paſt, of a great number of the moſt godlie, zealous and well affected of the Nobility, Counſel, and ſmall Barons, from all the parts of that our kingdome, as alſo the moſt learned and experienced, wife, godlie, and diſcreet of the Mi- niſtrie, from all the Preſbytries in great number, by whoſe travels, care, and wiſdome, every occaſion and pretext of griefe was in ſuch moderation and godlineſs removed, that as the ſame did yield us contentment, ſo was every 1607. UNIVERSALL KIRK OF SCOTLAND. 1041 thing done in that Aſſemblie with a great and general applauſe of all, giv- ing great hopes, that from that furth there ſhould be nothing found but unitie and concord in the Kirk, and that all their meetings thereafter ſhould be full of peace and love; and thereupon, be our ſpecial warrant and allowance, it was ſpecially appointed, that the nixt General Aſſemblie ſhould be conveened and holden at Halyrudhous, the laſt Tueſday of July nixt to come : But we now perceiving, that, by the means of theſe evil diſpoſed, turbulent, and contentious ſpirits, all the proceedings of that Aſ. ſemblie are brought in queſtion, and traduced ; and by ſome no obedience given, and by others direét oppoſition made to the Aéts concluded at that time, and therewith among the brethren ſuch diſtraćtion of minds, and bitter exaſperations one againſt another; and howſoever the meeting of the brethren, if it were in love and peace and unity, no doubt would be good in that Kirk; ſo there is no queſtion, but their conveening with a preoccupyed mind fraught with envy and malice, would give the enemy's too much advan- tage to enter by that breach of their diſcord and diviſion, to make themſelves ſtrong, and weaken them : Therefor, we, to preveen the danger that is im- minent to the eſtate of the Kirk by the diſtraćtion of mens affections there- in ; and that the General Aſſemblie may be keeped with the greater tran- quility and peace, have thought meet and expedient, the whole Provincial Aſſemblies, within that our kingdom, ſhall be keeped and holden at their ordinary places of meeting the 4 of Auguſt next to come ; and that in every one of the ſaids Aſſemblies there be choſen two of the moſt godlie, peaceable, wife, and grave, of the beſt experience of their number, with power and commiſſion to conveen at Halyrudhous, the 27 of Auguſt next to come, with the remanent Commiſſioners of the Provinces, and with the Commiſſioners of the General Aſſembly, and ſuch of our Counſel as it ſhall pleaſe us to nominat for that effect, there to confer, reaſon, and con- clude, by common advice, upon the moſt convenient remedys againſt theſe evils, which, for lake of ſufficient preparation, might fall out at the ſaid General Aſſembly, that thereafter the ſame being holden and keeped in ſuch a quiet and peaceable manner as might bring true comfort to the godlie, and terrour to the wicked : And, in the mean time, we have thought expedient, that the General Aſſemblie, which was to be holden, be prorogued to the 24 of November nixt to come ; and that no perſon preſume to keep the ſaid Aſſemblie in any place whatſomever, untill the time that the Commiſſioners from the Synods firſt proceed in their meet- 6 Q 1042 THE BOOKE OF THE 1606. ing ; and we have appointed the place of keeping the ſaid General Aſſem- blie to be in Dundie the day foreſaid. Our will is herefor, and we charge you ſtraitly and command, that incontinent thir our letters ſeen ye paſs, and, in our name and authority, make publication and intimation hereof be open Proclamation &c. Certifying all ſuch as upon any pretext what- ſomever ſhall preſume to conveen and aſſemble themſelves, contrare to the tenor and intent of this our Proclamation, they ſhall be puniſhed and pro- ceeded againſt, as contemners and diſobeyers of this our moſt royal com- mandment. Given under our Signet at our Court of Greenwich the 24 of May, and of our Reigne the 45 years. Proclamation by the King, for proroguing the General Aſſemblie. James be the grace of God, King of Great Britain, France, and Ire- land, Defender of the Faith, To our Lovites, &c. For as much as the General Aſſemblie being appointed to be keeped in the month of Novem- ber nixt to come, at our Burgh of Dundie ; and upon a ſpeciall reguard to the well of that Church, for the preventing of all diſſorder and confuſion in that meeting, which ought to be a preſident, and ſhould give good exam- ple to all others of good order, diſcretion, and dutiful carriage, we having ordained a meeting of ſome Commiſſioners from every Synod in September laſt, to the effect all things may be ſo duetifully prepared as the adverſaries of the Religion ſhould not take any advantage of the contentions amongſt the Brethren at their meeting : But ſo perverſe is the diſpoſition of ſome, who doe account nothing for oracles, but the invention of their own brain, that diſdaining the courſe concluded be us, and by all appearent direétly oppoſing themſelves to the peace of that Church, by abſenting themſelves, or withſtanding the fending of Commiſſioners to the foreſaid meeting, which was appointed in September laſt, as ſaid is, doe clearlie thereby de- monſtrat their unquiet and unrulie inclination, as too manifeſtly appears in this their inſolent and wilfull miſreguarding of theſe Aéts of the Aſſemblie at Linlithgow made with ſo uniform an applauſe: but whereas this was more than ſufficient cauſe to have ſtayed the meeting of the ſaid Aſſemblie, which, without this preceeding preparation, muſt needs be tumulteous and diſorderly; ſo in like manner, Gods preſent viſitation of our ſaid Burgh of 1606. UNIVERSALL KIRK OF SCOTLAND. 104.3 Dundie be the Plague, inforceth the prorogation of the ſaid Aſſemblie to ſome other time. As alſo whereas the laſt Aſſemblie keeped in our pre- ſence, before our comeing out of that Kingdome, ſpecial Commiſſion was given for viſitation, the reports whereof are the only ſpecial things to be treated on in this Aſſemblie ; yet ſo great has been the neglect of them who were appointed to goe every one in Circuit within the bounds of their viſitation deſigned, that hitherto the ſame hath been pretermitted. To the effect, therefor, that in this point the conveening of the ſaid Aſſemblie ſhould not be ineffectual, we have, by our ſpecial Letters, willed theſe Com- miſſioners then appointed every one to have care in reporting againſt the time of the Aſſemblie hereunder mentioned, their ſeveral reports of their travels and tryels in their viſitation; having alſo nominated others in place of ſuch of the ſaid Commiſſioners as ſince that time are either defeafed, exiled, or confined. Our will is, herefore, ye paſs, and in our name and authority make publication and intimation be open Proclamation, at the Mercat Croſſes of our Burghs of Edinburgh, Perth, Dundie, and other places needful, that the General Aſſemblie is continued and prorogued to the laſt Tueſday of Aprile nixt to come, at which time it is to be keeped within our ſaid Burgh of Dundie, and betwixt and then it may be hoped that it may pleaſe God of his mercie to remove the ſaid plague of peſtilence. And in this mean ſpace all Clergiemen whatſoever of whatſoever rank or degree are diſcharged heerby; like as that ye in our name and authority diſcharge them of all conveening in anie form of pretended Aſſemblie at our ſaid Burgh of Dundie, or any part ells, the ſaid 24 day of November nixt, or any day thereafter before the ſaid laſt Tueſday of Aprile, under the pain of incurring our high diſpleaſure; and the contempt of the ſame to be pun- iſhed in moſt ſevere manner and higheſt degree. The which to doe &c. Be theſe our Letters given at our Court of Royſtoun, the 18 day of Oéto- ber, and of our Reigne the &c. Per Regem. • Proclamation by the King for again proroguing the General Aſſemblie. James by the grace of God, King of Great Britain, France, and Ire- land, Defender of the Faith, To our Lovites, &c. our Sheriffs in that part conjunétly and ſeverally, ſpecially conſtituted, Greeting. For as much as the General Aſſembly of the Kirk having, upon many 1044 THE BOOKE OF THE 1607. neceſſary confiderations, received fundrie continuations heretofore be our ſpecial command and direétion, we, of our princely care, and fatherly fa- vour, and affection to the peace and well of this Kirk, having left no good means unaſſayed to extinguiſh the fire of diviſion ſtanding amongſt the brethren, and to bring them to an uniformity of minds, and harmonie, and charity, and they themſelves made the more able and ſtrong to oppoſe themſelves againſt the adverſaries of the truth, and contrarie profeſſours, whoſe increaſing number and practiſes hath proceeded of nothing ſo much as the diffention amongſt the Miniſtrie : and the laſt prorogation and con- tinuation having proceeded upon a godlie courſe and reſolution intended by us be direéting of the Commiſſioners nominated be the General Aſſem- blie with our conſent, to have viſited the whole Preſbytries and particular congregations within this our kingdome ; the ſaid viſitations, in reſpect of the long and great ſtorm, and unfeaſonable time of the year, have received no effect nor execution. And we confidering how that it is moſt neceſſar and expedient, that this viſitation ſhould yet preceed the ſaid Aſſemblie ; and we being minded, if the neceſſity of other weightie affairs impeſche us not, to honour this our native country with our own preſence this year, and to be preſent ourſelf at the ſaid Aſſemblie, and be our royal authority ſettle the preſent jarres and differences in the Kirk, and eſtabliſh the ſame in a perfeót unity, love, and harmony: Therefor, we have thought meet yet to proroguat and continue the ſaid Aſſemblie untill the laſt Tueſday of July nixt to come, upon which day, God willing, it ſhall begin and hold at our Burgh of Dundie. Our will is herefor, and we charge you ſtraitly and command, that incontinent theſe our Letters ſeen ye paſs to the Mer- cat Croſſe of our Burgh of Edinburgh, and other places needfull, and there be open Proclamation make publication hereof, wherethrough none pre- tend ignorance of the ſame ; and that ye in our name and authority com- mand and charge all and fundrie our ſubjećts of the Miniſtrie, that none of them preſume nor take in hand to hold or keep a General Aſſemblie at any time or place before the ſaid laſt Tueſday of July nixt to come, under all higheſt pain and charge that they may committ, and . . . . againſt us in that behalf. The which to doe we committ to you, &c. deuly exe- cuted, and indorſed again to the bearer. Given at our Court at Whitehall, the 24 of December, and of our Reigne the 5, and 41 years 1607. Per Regem. 1608. UNIVERSALL KIR K OF SCOTLAND. 1045 Articles agreed upon be the Brethren conveened at Falkland the 16 of June 1608, and be way of advice recommended to all the Preſ- byteries within the kingdom. 1. That the queſtions preſently ſtanding in controverſie among the Mi- niſters anent the matters of government, be untouched and unhandled on either fide, till the nixt General Aſſemblie, and no occaſion given, be privat or publićt ſpeeches, of any farther diſtraćtion of minds; but that all by good countenance and otherwiſe kythe themſelves to others, as Brethren, and Miniſters of Chriſt, ſetting themſelves with their endeavours, ſpecialy in doćtrine, againſt Papiſts, their ſuperſtitious religion, and proud perni- cious pračtiſes. 2. That the General Aſſemblie hold at the time appointed, which is the laſt Tueſday of July; and that his Majeſtie be moſt humblie intreated for that effect. 3. That in the ſaid Aſſemblie the commoun affairs of the Kirk ſhall be handled, and an account of the Commiſſions given in the Aſſemblie pre- ceeding ; and ſome ſolid courſe adviſed upon, for diſappointing the prac- tiſes of the enemys, and the advancing of the Goſpel of Jeſus Chriſt. 4. That nothing which is in controverfie and make ſtrife in the Kirk, be treated in the ſaid Aſſemblie ; but the ſame be conferred upon in a private conference, be ſuch as the Aſſemblie ſhall appoint to prepare a way for compoſeing theſe differences; and the Aſſemblie to appoint a meeting of brethren at ſuch times, place, and manner, as they think fit for that effect. 5. That requeſt ſhall be made to his Majeſtie, for relaxing the brethren that are confined; and ſpeciallie ſuch of them as have been preſent at the Conference, that they may keip the ſaid Aſſemblie. 1046 THE BOOKE OF THE 1608. A. D. M.D.C.VIII. THE General Aſſemblie of the Commiſſioners from the Preſbitries of the Kirk of Scotland, haldin at Lynlithgow, the 26 of Julij 1608: In the quhilk were preſent the Kings Commiſſioner, viz. the Earle of Dumbar, &c. Seſſio 1a 26 Julij. Exhortatioun being made be Mr Patrick Galloway, Moderatour of the laſt Aſſemblie, the brethren, after the accuſtomed maner, proceidit to the ele&tioun of the Moderatour of this preſent Aſſemblie. The leits being nominat, Mrs Patrick Sharp, James Law, Biſchop of Orknay, John Michel- ſoune, Patrick Lindſay, John Hall, and Patrick Simſone; be pluralitie of votis, Mr James Law, Biſchop of Orknay, was chofen Moderatour hac vice. The Aſſeſſours appointit to conveine with the Moderatour in the Privie Conference for treating of ſuch things as are to be concludit in the Aſſem- blie, are theſe : The Erles of Dumbar, Wigtoun, and Lawthian, with the Colle&tour Generall, his Majeſties Commiſſioners, the Erles of Glencarne and Kinghorne, the Lords Grahame, Lindſay, Lowdoun, Blantyre, Halie- rudehous, the Lairds of Balmanie, Kinnaird, Kilſythe, Carnell, the Biſchop of Caithnes, Mr William Dowglas, the Biſchop of Aberdein, Mr George Hay, the Biſchop of Brechin, Mr Andro Leich, Mr Patrick Lindſay, Biſ. chop of Sanét Androes, Mr John Michelſone, Mr Patrick Simfone, Biſchop of Dunkeld, Biſchop of Dumblaine, Mr William Cowper, Mr Patrick Galloway, Mr John Hall, Mr David Hume, Mr John Knox, Biſchop of 1608. UNIVERSALL KIRK OF SCOTLAND. 1047 Glaſgow, Mr Patrick Sharp, Biſchop of Galloway, Mr Alexander Scrym- geour, Mr William Hamiltoun, Mr Thomas Ramſay, Biſchop of Argyle. The houres of meiting are appointit to be, for the Privie Conference aught houres in the morning and twa afternoone; and for the Aſſemblie myne houres in the morning and three afternoone. The brethren appointit for reiding and anſwering of the bills are Mrs Airthur Futhie, Henrie Philp, John Clappertoun, John Reid, Peter Hewat, Edwart Hepburne, John Hay. - - Seſſio 2a, 27 Julij. Forfameikle as one of the moſt ſpeciall cauſes of the conventioun of this preſent Aſſemblie is for ſuppreſſing of Papiſtrie and idolatrie, quhilk daylie more and more increaſes within this realme, and repreſſing of Jeſuites, Papiſts, Seminarie Prieſts, whoſe number ſtill more and more increaſes within the ſame, to the great diſhonour of God and overthrow of true reli- gioun profeſt within this realme, if the ſame be not with ſome ſolid remeid obviat in tyme : Therfor, it is thoght expedient be the Aſſemblie, that befor all vther things, this article concerning Papiſts and Papiſtrie be firſt advyfeit vpon and concludit. And to the effect that the Aſſemblie may the more ſolidlie and with the greater light proceid in the ſaid matter, therfor they have ordainit, that the Commiſſioners of every Synod, at the ryfing of this Seſſioun, conveine themſelves ſeverallie, and make ane roll containing the number of Papiſts and the names of them within the bounds of thair Synod: Secondly, The cauſes why Papiſtrie, idolatrie, and ſuperſti- tioun is come to ſo great ame hight within this realme : Thridlie, The remeids for ſuppreſling all forts of Papiſts and Idolaters within the ſame, viz. Papiſts already excommunicat, Papiſts quho hes ſworne and ſubſcryvit to the trueth, and get refuſes to imbrace the ſamein ; and Papiſts that in word profeſſes the trueth, but in ačtioun and in deid contrair the ſame: Fourthlie, Quhat forme of proceiding every Synod hes vſit againſt the Papiſts within thair bounds: Quhilks articles the ſaid Synods ſall put in wryte, and delyver the ſame to the Privie Conference at thrie afternoone. It is lykewayes ordainit, that every Synod fall make a particular roll of the names of ſuch as are reſetters of Jeſuites, traffiqueing Papiſts, and Seminarie Preiſts within thair bounds, and delyver the ſame privilie to the 104.8 THE BOOKE OF THE 1608. Erle of Dumbar his Maieſties Commiſſioner, to the effect ordour may be takin theranent. Item, Becauſe the Marqueis of Huntlie hes bein lang vnder proces and cenſure of excommunicatioun befor the Synods of Aberdein and Murray; and in reſpect of his contumacie, and obdurat ſuperſtitioun of Papiſtrie and Idolatrie, they have ordourlie led and deduceit the ſaid proceſſe vnto the finall ſentence, the giving foorth and pronouncing quherof hes bein continuit be them from tyme to tyme, vpon hope of his Lordſhips amendement, and turning from Idolatrie and Papiſticall ſuperſtitioun to the true religioun preſentlie profeſt within this realme; and becauſe they find no hope of the ſame, but, be the contrair, greater obſtinacie : Therfor the haill Aſſemblie in ane voyce decerns and ordaines the ſentence of excommunicatioun to be pronuncit againſt his Lordſhip with all poſſible diligence, and continues the declaratioun of the place quher the ſame ſalbe done, and be quhom, to the mixt Aſſemblie. Seſſio 3a, Eodem die. In preſence of the haill Aſſemblie, compeirit Sir Thomas Ker of Hircha, Knight, in name of George Marqueis of Huntlie, and preſentitane ſuppli- cation, in name of the ſaid noble Lord, bearand as followes: Becauſe that conſcience is the only argument that moveit me this wayes to protračt tyme till I have perfytit reſolutioun, and being farre from ane opinator, or ane that is givin over to ſelfe will, as appeirit be my geilding to conference, and, laſtlie, be my going to the Kirk, I firſt wold have craved, if poſſiblie it might have bein done, that I might have bein heard with my awin mouth, that I might moſt heartlie intreate it, that ane tyme might be condiſcendit on be gour Wiſdoms, within the quhilk, as it fall pleaſe gou to conclude, I offer either to ſatiſfie the Kirk, or preſently to find ſuretie vnder great ſowmes to avoyd the countrey befor this day to be preſcryved be gour Wiſdomes. Et fic ſubſcribitur, Huntlie. And conforme therto deſyrit the ſame to be confidderit, and requeiſts, in reſpect of the offers therin conteinit, the pro- nouncing of the ſentence of excommunicatioun agains his Lordſhip might be continewit. - Wherewith the haill Aſſemblie being rypelie advyfit, fand the offers con- teinit in the ſaid ſupplicatioun to be verie frivolous, and no wayes inclyning 1608. UNIVERSALL KIR.K OF SCOTLAND. 1049 to obedience and ſatiſfactioun ; in reſpect quherof, and for many vther cauſes and confideratiouns, and in ſpeciall, becauſe his Lordſhip, be his band, ſubſcryvit with his hand the laſt day of Junij 1608 geirs, preſentlie produceit in face of the Aſſemblie be the Commiſſioners of Aberdein, band and obleiſt himſelfe to ſatiſfie the Kirk, be communicating betuixt the dait therof and the 17 day of July laſt bypaſt, vtherwayes the Miniſtrie to pro- ceid with the ſentence of excommunicatioun againſt him, as at mair lenth in the ſaid band is conteinit: Therfor, the haill Aſſemblie, all in ane voyce, ordaines the ſentence of excommunicatioun preſentlie to be pronouncit againſt him be the Moderatour of the Aſſemblie, in face of the haill Aſſem- blie, but any delay. Conforme to the quhilk ordinance, Mr James Law, Biſchop of Orknay, Moderatour of this preſent Aſſemblie, in face therof, in moſt ſolemne forme, pronouncit the ſentence of excommunication againſt George Marques of Huntlie. Quhilk ſentence is ordainit to be intimat in all the kirks within this realme, be the Miniſtrie the nixt Sonday immediatlie after thair returning from this Aſſemblie ; and in ſpeciall, they command and ordaine the bre- thren of the Synod of Aberdein and Murray to intimate the ſaid ſentence in the ſaids kirks immediatlie after thair returning, and inhibites and moſt ſtraitlie charges them, and every ane of them, that they receive no offers of ſatiſfactioun from the ſaid Marqueis, but the ſpeciall [advyce] of his Ma- jeſtie and the Kirk had therto. The Commiſſioners appointit in the former Seſſioun for giving in the names of Papiſts, and [the cauſes of] thair increaſe, and remeid to obviat the ſame, produceit thair particular rolls, containing the [ſaid heads, which the Aſſemblie thought good ſhould be reviſed, Jabridgit, and put in order be the Biſchop of Glaſgow, Mr Patrick Symfone, Mr William Cowper, Mr John Clappertoun, Mr John Hall, and Mr George Hay, to the effect the ſame might be preſentit be them to the Privie Conference the nixt morning, that therafter they may be intreattit in face of the Aſſemblie. Seſſio 4° 28 Julij. Forfameikle as the brethren of the Preſbitrie of Glaſgow and Synod of 6 R 1050 THE BOOKE OF THE 1608. Cliddiſdaill, who were appointit to deale and conferre with William Erle of Angus, Lord Dowglas, for bringing of him from blindneſs and ſuperſti- tioun of Papiſtrie and Idolatrie to the acknowledging of the trueth pre- ſentlie profeſt within this realme, did teſtifie in preſence of the Aſſemblie, that they could fie no appearance in his Lordſhip of converſioun from his errours, but that rather by all evident tokins he was the more obſtinat and obdurit in herefie of Papiſtrie, quhilk ſometyme he abjurit befor, be ſubſcry- veing of the true religioun preſentlie profeſt within this realme: Therfor, the Generall Aſſemblie decerns and ordaines the Preſbitrie of Glaſgow to proceid againſt the ſaid William Erle of Angus with the cenſures of the Kirk vnto the finall pronouncing of the ſentence of excommunicatioun aganis him incluſivá, with all poſſible diligence, and that they pronounce the ſaid ſentence of excommunicatioun againſt him, betuixt and the 18 of September nixt to come; to quhom the Aſſemblie comitts thair haill power to that effect, diſchargeing and inhibiteing any of them to receive any offers of the ſaid Noble Lord for abſolving him of the ſaid ſentence, without the advyſe of his Majeſtie and Commiſſioners of the Aſſemblie had and obteinit therto. Forfameikle as the brethren of the Preſbitrie of Perth, quho were ap- pointed to deale and conferre with Francis Erle of Erroll, Lord Hay, for bringing of him from blindneſs and ſuperſtitioun of Papiſtrie and Idolatrie to the acknowledging of the trueth preſently profeſt within this realme, did teſtifie in preſence of the Aſſemblie, that they could fie no appeirance in his Lordſhip of converſioun from his errours, but that rather be all evident tokins he was the more obſtinat and obdurit in his erracie of Papiſtrie, quhilk he ſometyme abjurit before, be ſubſcriving to the true religioun pre- fentlie profeſt within this realme : Therfor, the Generall Aſſemblie decerns and ordaines the Preſbitrie of Perth to proceid againſt the ſaid Erle with the cenſures of the Kirk, vnto the final pronouncing of the ſentance of ex- communicatioun againſt him incluſivé, with all poſſible diligence, and that they pronounce the ſaid ſentance againſt him betwixt and the 18 day of September next to come ; to quhom the Aſſemblie commits thair full power to that effect, diſchargeing and inhibiteing any of them to receive any offers from the ſaid Noble Lord for abſolving him fra the ſaid ſentence, without the advyce of his Majeſtie and Commiſſioners of the Aſſemblie had and obteinit therto. 1608. UNIVERSALL KIRK OF SCOTLAND. 1051 Forſameikle as be the declaration of [the brethren of] the Preſbitrie of Irwing, it was made known to the Aſſemblie, that after long dealing and conference had be them with the Lord Sempill for bringing him to the acknowledging of the trueth, [and embracing the true and fincere religion] preſentlie profeſt [within this realme, they could not reape any good fruit of thair labours and travells takin with him, but be the contrair he ſtill con- tinues obſtinat and obdurit in his deteſtabill errour of Papiſtrie and Idolatrie, to the great hurt and evill example of the reſt of the countrey : Therfor, the Generall Aſſemblie preſentlie conveinit charges ſtraitlie [and commands] Mr Alexander Scrymgeour, Moderatour of the Preſbitrie of Irwing, vnder the paine of infamie and deprivatioun from his funètioun, to pronounce the ſentence of excommuncatioun againſt the ſaid Lord Sempill, in the Kirk of Irvine, vpon the Sonday the 14 day of Auguſt nixt to come, after the ſermoun, but any [delay orj impediment quhatſumevir : And that the haill brethren of the Miniſtrie within the bounds of the Synod of Kyle, Carrick, and Cunighame, intimat the ſentence of excommunicatioun ſo pronouncit againſt the ſaid Lord Sempill, every ane of them at thair awin Paroch Kirks, vpon Sonday nixt and imediatlie following therafter ; diſcharging and inhibiteing alſo the ſaid Moderatour and remanent brethren of the ſaid Synod to receive any offers of ſatiſfactioun from the ſaid Lord Sempill, but advyſe of the Kings Majeſtie and Commiſſioners of the Generall Aſſemblie had and obtainit therto. Seſſio 5a, Eodem die. The brethren appointit of befor for reviſeing and putting in ordour of the cauſes of the increaſe of Papiſtrie within this realme, and of the over- tures for remeiding and ſuppreſſing of the ſame, gave in the ſaids cauſes and remeid therof; of the quhilk the tenour followes : The cauſes of the growth and increaſe of Papiſtrie within this realme are thoght either to ariſe of the part of the Miniſtrie, or els of vther cauſes ariſeing from the Miniſtrie. Firſt, Thair negligence to fie the gouth in every parochin to be broght vp in the knowledge of the trueth by catechiſing; and careleſnes to vrge proviſioun for Schooles within thair bounds. Secondlie, The raſch and ſudden admiſſioun of men to the Miniſtrie 1052 THE BOOKE OF THE 1608. that are not able to withſtand and convince the adverſarie, a dangerous evill in the dayes of apoſtaſie. Thirdlie, The laike of care in Miniſters to marke the offences, viz. to confider the courſe of the enemie, and to diſcover and dilate Jeſuites and traffiquers againſt religioun, and vthers pervertit by them. Fourthlie, The diſtraćtion ariſeing among the Miniſtrie, quhill as diver- ſitie of judgements hes drawin them vnadvyſedlie to contrarietie of affec- tiouns, breeding carnall contentiouns among themſelves. Overtures for remeiding of the cauſes forſaids. Firſt, That it be of new ina&tit, that all Miniſters examine goung chil- dren of the age of fixe geirs, and try that they have the Lords Prayer, the Articles of Beleife, and the Comandements; in the quhilk thair parents ſalbe haldin to inſtrućt them befor the ſaids geirs, together with ſome ſhort forme of grace befor and after meate, and ſome ſhort morning and evening prayer: and agane, that thair growth in knowledge in greater points of religioun be tryed, that afterward it may pleaſe God to grant in- creaſe of knowledge at the age of fyftein or ſaxetein geirs, they may be admittit to the holie Communioun. Secondlie, That the Apoſtles precept be confidderit, Lay hands ſud- dainlie on no man: And according to it, that for cloſing of the doore vpon the affectiouns of men, ſome longer tyme to be preſcryvit for admiſſioun of men to the Miniſtrie; the exceptioun of rare gifts being reſervit to the judgement of the Generall Aſſemblie. Thirdlie, That Miniſters quho ſalbe found after tryall to have delayit the executioun of diſcipline againſt Papiſts vpon negligence, that is, either not beginning proceſſe, or, if it be begun, not ending the ſame within halfe ane geir, fall loſe ane geirs ſtipend; and thoſe that ſalbe found to have done it vpon ſome corrupt favour, ſalbe ſimplie depoſeit. Fourthlie, That ther be recomendit to the Miniſtrie a holie care mutu-, allie to eſchew offences, and follow peace and love quhervnto we are callit. The meanes for removing ſuch offences is referrit to the Generall Aſſemblie. Cauſes of the growth of Papiſtrie as they are conceivit to aryſe of vthers. Firſt, The overſieing of Seminarie Preiſts and Jeſuites to traffique within 1608. UNIVERSALL KIRK OF SCOTLAND. 1053 the land, for perverting of ſuch as hes not had occaſioun to goe out of the countrey, and impunitie of ſuch as hes receivit them; as alſo the libertie of evill diſpoſed perſons voyde of knowledge, hes takin of the iniurie of tyme, to bring hame the books of apoſtats and profeſt Papiſts. Secondlie, The preferment of men ſuſpect of religioun to publick offices within this realme. - Thridlie, The favour ſhewin be theſe that are in authoritie to traffiquers and excommunicat Papiſts, after that they had been apprehendit [and wardit, fick as the Abbot of Newabbay and vthers Meſs Preiſts dimittit out of ward, as it is thoght not without reward, and without all warrand of his Majeſtie, and preſentlie tolerate in the countrey without perſute, quhilk hes not only wroght a coldnes in religioun in the hearts of many peiple, bot alſo nouriſchit a falſe opinioun of his Majeſtie, quhilks oppinly burſts out in the mouthes and ſpeaches of many. Fourthlie, That quher Preſbitries are proceiding in the tryall of Meſs ſayers and meſs hearers, impediment is made by the Lords of his Majeſties Counſell, either by advocatioun befor the Lords, or diſpenſatioun to ſuch as are excommunicat, or by contramanding the Preſbitries to defift vnder the paines of horning ; and that excommunicatioun being producit againſt any perſone befor the Judges, the ſame is not regairdit, but proceſſe granted wnto him as if he were a member of the Kirk and not excommunicat. Fyftlie, The great libertie grantit to the ſubie&ts of this kingdome to re- paire to ſuch parts, quherin nothing is taught but defeótioun from religioun, and treaſon againſt lawfull Princes, and no ſecuritie takin for thair conſtan- cie ; and in ſpeciall, the ſending of Noblemens ſonnes by ſuch as are in authoritie, foorth of the land, with ſuch convoy as may delyver them into the hands of Papiſts to be pervertit in religioun, quhervpon many of them are become apoſtats. Laſt, The want of Preachers in many congregatiouns in this land, ſo that in ane province thretie ane Kirks are to be found vakand, and in vthers ſome 17 as in Nitheſdaill, and in vthers 28 as in Annerdaill, and ficklyke throughout many vther parts of this land. Overtures for remeiding of the cauſes forſaids. Firſt, That a commiſſioun be granted be his Majeſtie to the Biſchop of every Synod, with ſuch weill affected noblemen and gentlemen as the Com- 1054 THE BOOKE OF THE • 1608. miſſioners of the Generall Aſſemblie fall nominat, to apprehend traffiqueing Papiſts, Jeſuites, and Seminarie Preiſts that does haunt within thair bounds, with power to charge the receipters to make patent doores and delyver them vp vnder the paine of treaffoun. Secondlie, That his Majeſtie be humblie intreatit, that no Papiſts or ſuſpect of Papiſtrie beare charge in Counſell, Seſſioun, Governement of Townes, nor vther Publick Offices; and if ther be any in the eſtate pre- ſentlie quhom his Hienes knowis, in his awin wiſdome, to be men evill affectit towards religioun, that his Majeſtie wald be pleaſt to take ordour therwith. - Thridlie, That his Majeſtie will give ordour for executioun of his Hienes lawis againſt Papiſts and traffiquers with all rigour, and that no favour be grantit be any officer of eſtate without his Majeſties privitie, vnder paine of incurring his hie diſpleaſure; as alſo, that the Counſell make no impedi- ment by thair letters of horning to diſcharge the proceiding of Preſbitries againſt the perſons forſaids. Fourthlie, That Papiſts quho once have bein knowin profeſſours of Pa- piſtrie, and for eſchewing of civill paines, or hope of preferment, will abjure thair religioun, that his Majeſtie will pleaſe to cauſe ina&t, that it fall not be laufull to ſuch to enjoy any office or honour in the Comounwealth, not- withſtanding of thair aith and communicating, vntill fyve geirs probatioun have bein takin of thair conſtancie and ſinceritie in the profeſſioun of the trueth. : - Fyftlie, That the Aét made at Bruntiland concerning the ſons of noble- men and vthers paſſing vnto other countries be confiddered and confirmed, quherof the tenour followes : Item, For eſchewing of farther ill quhilk might come to the eſtate of religioun, be the evill educatioun of the gouth foorth of the countrey, it wald be cravit of his Majeſtie and Secreit Counſell, that ſuch noblemen and vthers as direéts a paedagogue with thair ſons foorth of the countrey, that thair paedagogue be knowin godly and of good religioun, learnit and in- ſtrućtit in the ſame, and approvit in his religioun be the teſtimoniall of his Preſbitrie ; that thair remaining foorth of the countrey be in the places quher the religioun is preſentlie profeſt, or, at the leiſt, quher ther is no reſtraint of the ſame be the crueltie of Inquiſitioun ; that dureing the tyme of thair abſence they ſall not have any idolatrous exerciſe of religioun ; and ſuch as hes not the moyen to ſuſtaine a paedagogue with thair ſons 1608. UNIVERSALL KIRK OF SCOTLAND. 105.5 foorth of the countrey, that they ſend them to ſick parts quher ther is no reſtraint of religioun ; and in cace thair ſons, after thair departure out of the countrey, haunt theſe parts quher the [profeſſioun of the] true reli- gioun is reſtrainit, that they find cautioun not to intertaine them. And in cace any that paſſes foorth of the countrey imbrace any vther religioun then that quhilk is preſentlie profeſt within this realme, and this to be ane exceptioun againſt the ſervice of thair breives, and at the tyme of the admiſſioun of them to any office or honours; and in cace any of thair parents contravene any of theſe premiſſes, that they incurre ſuch paines as his Majeſtie and Secret Counſell fall modifie; and that ſuch as are alreadie out of the countrey either be callit back againe befor ane day to be ap- pointit be his Majeſtie and Secret Counſell, or els that thair parents be ſub- ie&t to the lyke conditiouns as is befor fett downe, with ſuch vther condi- tiouns to be eikit as his Majeſtie fall think expedient: And in ſpeciall, for better explanatioun heirof, that at every ſervice of any man as heire to his father or any of his predeceſſours, he be not ſervit be the Shireff or any vther ordinar Judge to burgh or land, but the teſtimoniall of the Biſchop and Moderatour of the Preſbitrie quher he dwells, beirand the confeſſion of his faith and integritie of religioun preſently profeſt within this realme. Sextlie, That the ſonnes of ſuch noblemen as profeſſes Papiſtrie be dely- verit to the cuſtodie of vthers thair noble friends that are of religioun, to be brocht vp in the knowledge of the trueth. - - Sevinthlie, That the ſearchers of merchandize broght hame from begond ſeas, be comandit to ſeaſe vpon all bookes broght hame, and preſent them to be tryit be the Miniſtrie of the Preſbitrie vnto the quhilk they arrive; and that all bookefellers lykewayes doe the ſame befor they make opin ſeale therof, vnder the paine of confiſcatioun. - Auchtlie, That excommunicat Papiſts, ſpeciallie ſuch as be of rank, be apprehendit and put in cloſe ward, and none have acceſſe vnto them but ſuch as are of religioun preſentlie profeſſit. Nyntlie, That his Majeſtie give ordour for the downe caſting of the Laird of Gichts chappell, the houſe of John Chein in Effilmonth, quho receipts all Jeſuits and Seminarie Preiſts. Tentlie, That ordour be takin with the Pilgrimages, viz. the Chappell callit Ordiquhell and the Chappell of Grace, and ane Well in the bounds of Enzie, on the ſouth ſyde of Spey. Elevintlie, That fick perſons as are or ſalbe excommunicat and beares 1056 THE BOOKE OF THE 1608. publick office within this realme, and therafter put to the horne, that they nor thair deputs fall bruik no office nor authoritie vnder his Majeſtie after thair denunciatioun, but that his Majeſtie fall appoint vthers in thair rowmes to doe and miniſtrat juſtice to his Majeſties lieges. Laſt, That his Majeſtie wald take ordour anent the planting of the Kirks that are preſentlie deſtitute of Paſtors, and in ſpeciall, anent the Kirks of the Chappell Royall. Quhilks haill cauſes of increaſe of Papiſtrie within this realme, with the overtures for remeiding therof, the Aſſemblie hes thoght expedient that the ſame be direét to his Majeſtie, with ane humble ſupplicatioun, requeiſt- ing his Hienes to take ſuch ordour theranent, as his Majeſtie fall think moſt expedient for repreſſing of Papiſtrie, and increaſe of the trueth and light of the Goſpell within this realme: whervnto the Erle of Dumbar, his Majeſties Commiſſioner, with the remanent of the Nobilitie preſentlie conveinit in this Aſſembly, hes promiſit to concurre: And therfor the Aſſemblie hes nominat, and be thir preſents nominats [George Earle of Dumbar, Erle of Wigtoun, John Archbiſchop of Glaſgow, Levingſtoun of Kilſyth, Mr William Cowper, Miniſter at Perth, James Niſbit burges of Edinburgh, and Mr William Hart of Preſtoun, thair verie laufull Com- miſſioners, giving them their full power to preſent the humble ſupplicatiouns of this preſent Aſſemblie to his Majeſtie, together with the cauſes of increaſe of Papiſtrie, and overtures for remeid therof above rehearfit, deſireing them that they wald earneſtlie intreat his Majeſtie to confider of the ſame; and if his Hienes thoght expedient to cauſe the ſame to be put to executioun, and that the rather becauſe that after the laſt Conventioun haldin at Lyn- lithgow, quher ther was many good ačtis and conſtitutiouns ſett downe and concludit, the Papiſts, nevertheleſſe, did moſt proudlie and contemptuouſlie vpbraid diverſe of the Miniſtrie, manaffing them that they or the nobilitie conveinit with them at that tyme, durſt be bold to conclude any thing that might protend to the prejudice of Papiſts or Papiſtrie, as was cleirly vnder- ſtood be the brethren conveinit in this Aſſemblie. Seſſio 64; 29 Julij, Ante meridiem. The quhilk day the Aſſemblie thoght expedient, that the Commiſſioners above ſpecified, electit and chofin to preſent the ſupplicatioun of this preſent 1608. UNIVERSALL KIRK OF SCOTLAND. 1057 Aſſemblie to his Majeſtie, as is above rehearfit, ſall with all commodious diligence repaire to his Majeſtie, and with all humilitie preſent the ſaid ſupplicatioun to his Majeſtie, and quhat anſuerit fall pleaſe his Hienes to give, that they report the ſame betuixt and the 15 of November nixt to come : And to that effect the Aſſemblie hes choſin out of their number the Noble- men, Barrons, and Brethren vnderwrytin, viz. Erles of Craufurd, Mortoun, Glencairne, Lythgow, Kinghorne, Lords Grahame, Lindſay, Saltoun, Lovat, Torphichen, Lowdoun, Scone, Balcleugh, Blantyre, Halierudehous, the Conſtable of Dundie, the Lairds of Kynnaird, Balvaird, Carnell, Houſ- toun, Admiſtoune, Broxmouth, Polwart, Sir John Hoome of Northber- wick, The Commiſſioners of Edinburgh, Perth, Sanét Androes, Glaſgow, with the brethren after following, viz. Mrs William Dowglas, Alexander Rawſone, Abraham Sibbald, John Reid, Arthur Futhie, Andro Ramſay, John Kynneir, David Lindſay, Adame Ballantyne, Patrick Weimes, Ed- ward Hepburne, George Ramſay, William Methven, Patrick Shaw, William Birnie, Walter Stewart, Hew Fullertoun, John M'Quhorne, Thomas Ram- ſay, Robert Glendinning, together with the Commiſſioners of this Generall Aſſemblie, to conveine at Edinburgh the ſaid 15 day of November nixt to come, and ther to receive from the ſaid Commiſſioners the report of his Majeſties moſt gracious anſwer to the ſupplicatioun forſaid, in name of the haill Aſſemblie : And in the meane tyme, the Aſſemblie commands and ordaines the haill Preſbitries within this realme to proceid againſt Papiſts of all forts within thair bounds with the cenſures of excommuni- catioun. . The ſaid day the Commiſſioners of the laſt Generall Aſſemblie being callit to give count of thair haill proceidings ſince the laſt Aſſemblie, com- peirit and offerit themſelves to be tryit in thair proceidings be this preſent Aſſemblie, and to abyde at the cenſure of the ſame; and being demandit for produćtioun of thair acts and proceidings in wryt, declarit be the mouth of Mr John Hall, thair Moderatour, in abſence of Mr Patrick Galloway, that the ſame could not be found, be reaſon that ſometyme vimquhile Mr James Nicolſone, Miniſter at Meagle, and in his abſence vimduhile Richard Thomeſoune, Miniſter at Caffiltoun, were ordinar ſcrybes and keipers of the rolls of all thair proceidings, quho are both deceiſiit this lyfe; and albeit they have made travells at their executours hands for obtaining of the ſaids ſcrowis, get they could in no wayes attaine vnto the ſame; and ther- for they and everie ane of them did offer themſelves to be particularlie 6 s 1058 THE BOOKE OF THE 1608. cenſurit be this preſent Aſſemblie; [in reſpect whereof the Aſſemblie] ordainit them all to remove ; quhilk being done, Mr William Couper, Moderatour, appointit to this effect, demandit publicklie, if any of the Aſſemblie had ought to objećt againſt the ſaids Commiſſioners proceidings why the ſame might not be ratified and allowit; and in reſpect of the taciturnitie of the haill brethren, and that nothing worthie of cenſure was obječtit to any of them for thair proceedings, the ſaids Commiſſioners be- ing returnit in the Aſſemblie, tooke inſtruments of the ratificatioun and allowance of thair ſaids proceidings. The ſaid day, the brethren of the Generall Aſſemblie preſentlie conveinit having advyſedlie confiderit the [neceſſity of] eleēting and chooſing of Commiſſioners from this preſent Aſſemblie, for giving advyce to his Majeſtie for ſuppreſſing of Papiſticall ſuperſtitioun quhilk increaſes more and more daylie within this realme: Therfor they have made, conſtitute, and ordainit, lykeas they, be the tenour heirof, maks, conſtitutes, and ordaines Mr George Glaidſtanes, Biſchop of Sanét Androes, Mr John Spottiſwood, Biſchop of Glaſgow, Mr David Lindſay, Biſchop of Ros, Mr Alexander Lindſay, Biſchop of Dunkeld, Mr Peter Blackburne, Biſchop of Aberdein, Mr James Law, Biſchop of Orknay, Mr Alexander Dowglas, Biſchop of Murray, Mr Gawin Hamiltoun, Biſchop of Galloway, Mr Alexander Forbes, Biſchop of Cathnes, Mr Andro Lamb, Biſchop of Brechin, Mr Andro Knox, Biſchop of the Yles, Mr Patrick Galloway, Mr David Hoome, Mr John Clappertoun, Mr John Knox, Mr Robert Howie, Mr John Hall, Mr John Caulcleugh, Mr John Strauchane, Mr Andro Boyd, Mr Andro Leich, Mr Robert Wilkie, Mr Patrick Sharp, Mr Patrick Symfone, Mr George Hay, Mr Patrick Lindſay, Mr William Scott, Mr Adame Ballantyne, Mr John Hay, Mr William Cowper, or any elevin of them, thair verie lawfull and vndoubtit Commiſſioners from this preſent Aſſemblie ; giveand, grantand, and committand to them, or any elevin of them, as ſaid is, thair full power to plant ſuch kirks in the ſpeciall Burrow- ſtounes as preſentlie are or ſalbe [found] deſtitute of Paſtors, befor the nixt Aſſemblie. Attour, If it fall happin the Kings Majeſtie to be greivit at any of the Mi- miſtrie for quhatſomevir enormitie committit be any of them againſt his Hienes, with power to them, or any elevin of them, to try and cognoſce thervpon, and take ſuch ordour theranent as they fall think expedient to the glorie of God and weill of the Kirk; and, finallie, with power to them 1608. UNIVERSALL KIRK OF SCOTLAND. 1059 to preſent the greives and petitiouns of the Kirk to his Majeſtie, his Hienes Secreit Counſell, [Generall] Conventiouns, and Parliaments that ſall happin to occurre befor the mixt Aſſemblie, and to crave redreſſe of the ſame : ordaining them to give compt of thair proceidings to the nixt Aſſemblie quhen it fall happin to conveine. Promitten de rato, &c. It is alwayes ſpeciallie provydit, that this preſent nominatioun of the ſame Commiſſioners, quhilks were for the moſt part Commiſſioners in the laſt Aſſemblie, ſalbe no wayes prejudiciall to the libertie of the Aſſemblie in chooſing and electing Commiſſioners quhom they fall think moſt meitt and expedient ; neither fall this electioun induce or import any perpetuitie of the office in the perſons eleētit. Item, It is ſtatute, that the haill Commiſſioners be deſyrit and warnit to keip all thair conventiouns, if opportunelie the ſame may be done. Forſameikle as the diſtraćtiouns and eyeliſts, quhilk are ſuſpectit to be in the hearts of the brethren among themſelves, is one of the moſt ſpeciall and vrgent cauſes of the increaſe of Papiſts and Papiſtrie within this realme: Therfor, for avoyding therof, that certaine of the brethren, viz. the Biſchops of Sanét Androes, Glaſgow, Ros, Orknay, Mr John Hall, Mr Patrick Simſone, Mr William Cowper, and Mr Jonn Knox, conveine with his Majeſties Commiſſioner to advyſe vpon the moſt ſolid and ſubſtantious over- ture for removeing of the eyeliſts and diſtraćtiouns, and to report the ſame to the Affemblie the nixt Seſſioun, Seſſio 7a, 26 Julij. Poſt meridiem. The ſaid day, the brethren appointit for advyſeing vpon the beſt over- tures anent the diſtraćtiouns and eyeliſts that were entrit in the hearts of the Miniſtrie, declarit, that after mature deliberatioun they fand the ſaids eyeliſts and controverfies to ariſe either vpon diſtraćtiouns of affectiouns, or vpon diverſitie of opiniouns; the firſt quherof being carnall, and therfor more dangerous, becauſe it ſufferit not the brethrein whoſe affectiouns were ſeparatit to vnite themſelves with efauld and vniforme counſell and advyce, to reſiſt the ſubtile pračtice of the commoun enemie, and ſo give him place with his ſubtile crafts and ſchifts to enter in the Kirk of God, and therby to ſupplant and vndermyne the ſame : Therfor, thair advyce was, that as the danger increaſes be the nouriſhing of the diſtraćtit affec- 1060 THE BOOKE OF THE 1608. tiouns of the brethren, even ſo the cure was the more neceſſar, and the more haſtilie to be applyit, to wit, that the haill brethren in the Miniſtrie ſould preſentlie, in the feare of God, lay downe all rancour and diſtraćtiouns of heart and affectiouns, quhilk either of them hes borne againſt vthers in any tymes bypaſt, and be reunited and reconcileit with heartie affectioun in Chriſt, as becomes them quho are Miniſters of the Word of God, and Preach- ers of peace and Chriſtian love and charitie to his people; to the effect that by this heartie reconciliatioun, thair hearts and devyſe may be communicat for diſappointing of the craftie devyſe of the commoun enemie : Quhilk advyce the haill brethren of the Aſſemblie moſt lovinglie and heartilie im- braceit, and ordainit every ane of them, afweill Commiſſioners preſent as of the Miniſtrie that were abſent, to obey the ſame by laying downe all grudge or rancour that any of the brethren doe beare at vthers; in tokin quherof, and of the effauld vnioun of hearts and affectiouns, they all held vp thair hands to God, teſtifieing to his Majeſtie the truth of thair hearts in the ſaid matter: And lykewayes they ordainit the ſame to be intimat to the reſt of thair brethren at thair returning to thair Preſbitries, to the effect that the ſamein may be done in every Preſbitrie immediatlie after thair returning, as ſaid is; inhibiteing alſo and diſcharging any ſuch diſtraćtiouns or rancour to be among them, either in affectioun, or in word, deid, or countenance, but that they concurre in ane mutuall friendſhip and holie amitie in God, as becomes the Paſtours of the Kirk of Chriſt; and quho- ſoevir does in the contrair, that he be cenſurit in his awin Preſbitrie or Synod; and in cace of thair negligence, be the Commiſſioners of the Gene- rall Aſſemblie. As for the ſecond cauſe of eyleiſts, quhilk is ſaid to ariſe vpon diverſitie of opiniouns, becauſe the ſaid diverſitie of opiniouns reſults vpon different judgements amangs the brethren concerning the externall governement and diſcipline of the Kirk, quhilk cannot be ſo ſhortlie diſcuſſit and advyfeit vpon as the brevitie of this Aſſemblie permitts: Therfor, it was the opi- nioun of the brethren forſaid, that the ſame ſould be delayit to ane tyme more convenient, and in the meanetyme certaine appointit to reaſon, treat, and advyſe vpon the ſame : quhilk lykewayes the Aſſemblie hes thoght expedient, and therfor, they have electit and chofin the brethren after fol. lowing, viz. the Biſchop of Sanét Androes, Biſchop of Glaſgow, Biſchop of Dunkeld, Biſchop of Orknay, Biſchop of Cathnes, Mr Patrick Sharp, Mr Robert Howie, Mr John Michelſone, Mr Henrie Philp, Mr George Hay, 1608. UNIVERSALL KIR.K OF SCOTLAND. 1061 Mr Patrick Galloway, Mr John Hall, Mr Patrick Simfone, Mr William Scott, Mr Archibald Oſwell, Mr John Knox, Mr John Carmichaell, Mr Adame Ballantyne, Mr John Weimes, and Mr William Cowper, thair Commiſſioners in that pairt, to conveine with his Majeſtie, or ſick of his Majeſties Counſell as be his Majeſtie is appointit, [at ſuch tyme and places as they ſhall be requyrit be his Majeſtie] and to treat, reaſon, and conſult vpon all matters ſtanding preſentlie in controverſie among the brethren anent the diſcipline of the Kirk; and quhatſoevir they aggrie vpon to re- port to the nixt Generall Aſſemblie. And in the meanetyme, quhill the nixt Aſſemblie, for ane interim, the advyſe of the brethren conveinit at Falkland, the 16 of Junij laſt, be ob- ſervit anent the conſtant Moderatour. Item, It is ſtatute and ordainit, that as vpon every fyft day of Auguſt, publick thankſgiving is given to God, for the preſervatioun of his Majeſtie from the treaſon of ſometyme John Erle of Gowrie, throughout all the parts of Great Britaine, that evin ſo the ſame be intimat at every paroch Kirk with all poſſible diligence, ordaining that ſuch as refuſes to doe the ſame, be obſervit and delait to the Commiſſioners of the Generall Aſſemblie. Item, Becauſe the brethren appointit for tryall of the diligence of the Commiſſioners appointit be the laſt Generall Aſſemblie for viſitatioun of the Preſbitries, did report, that it was ane generall greife and complaint givin in be the few Commiſſioners, that had produceit thair diligence, of the great deſolatioun of the want of Paſtours, and in ſpeciall of the fareſt of the South and North parts: Therfor the brethren ordaines the Commiſſioners of this Aſſemblie to direétane ſupplicatioun to his Majeſtie for taking ordour for planting of the haill Kirks within this realme. And in reſpect of the great neceſſitie of the Kirks of Annerdaill, Ewiſ- daill, and Eſkdaile, and the reſt of the Kirks of the Daills quhilk are alto- gether vnplantit, as lykewayes of the Kirks of Cathnes and Ros, in the quhilks it is regraitit that in many of them the holie communioun was never celebrate : Therfor, the Aſſemblie has givin and grantit, lykeas they, be the tenour heirof, gives and grants thair full power and commiſſioun to the brethren vnderwrytin, viz. to the Biſchop of Glaſgow, [and Mr John Knox,] for viſitatioun of the Kirks of Annerdaill, Ewiſdaill, Eſkdaile, and the reſt of the Daills vnplantit, as ſaid is; and to the Biſchop of Cathnes, George Dowglas, and Mr William Dowglas, for viſitatioun of the Kirks of Cathnes and Ros, with power to them to plant Miniſters at the Kirks 1062 THE BOOKE OF THE 1608. within the ſaids bounds reſpectivé; and to try the literature, qualificatioun, and converſatioun of ſuch as are already plantit, and in cace of vnſufficiency to deprive them from thair funètiouns; with power alſo to cauſe kirks be reedified quher as they are demoliſhed ; and if neid beis to vnite kirks quher neceſſitie requyers; and to report thair diligence to the mixt Aſſem- blie: Promitten de rato &c. - Seſſio vltima. Penultimo die Julij, ante meridiem. Item, Becauſe ane great part of the deſolatioun of Kirks proceids from the abſence of certaine of the Miniſtrie from thair flocks, be reaſon they are ſo confynit: Therfor, the Aſſemblie hes thoght it expedient, that thair Commiſſioners direét ane humble ſupplicatioun to his Majeſtie, humblie defyreand his Hienes to ſett at libertie ſuch of the Miniſtrie as are confynit, to the effect be thair preſence and waiting on thair cure, thair flocks may be conforted, quhilks are now left deſolate. Item, Becauſe it is humblie lamentit that the inhabitants of the towne of Aberdein ceaſes not geirlie to eleēt and chooſe ſuch perſons to be Magiſ- trats and vpon thair Counſell as are wilfull and profeſt Papiſts, and enemies to the trueth profeſt within this realme, to the diſhonouring of God, diſ- hearting of ſuch as feares his name, and to the contempt of diſcipline within that burgh : Therfor, it is ordainit [be the Aſſemblie,1 that the Preſbitrie of Aberdein inhibit the Counſell and inhabitants of the ſaid burgh, that they eleēt nor chooſe no Papiſts to beare office of ane Magiſtrate or vpon any Counſell in any tyme comeing, and if they doe in the contrair, that they proceid againſt them with the cenſures of the Kirk; ordaining lyke- wayes the Commiſſioners appointed for his Majeſtie to adjoyne this petitioun to the reſt of thair ſupplicatiouns, that by his royall authoritie ane civill paine may be imponit vpon the contraveiners of the ſaid act. Item, It is ordainit, that no Miniſter in any tyme comeing fall take vpon him to ſoliſt in favours of Papiſts, or ſuſpect of Papiſtrie, either before the civill or ſpirituall Judge, or viherwayes, either be word or wryte, vnder the paine of deprivatioun. . Item, Becauſe ther is fundrie ſupplicatiouns and bills givin into the Generall Aſſemblie, quhilk for the ſhortnes of tyme cannot be decydit and anfuerit: Therfor, the Generall Aſſemblie remitts the ſame to thair Com- 1608. UNIVERSALL KIRK OF SCOTLAND. 1063 miſſioners above conſtitute, ordaining them to conveine vpon the 15 day of November nixt to come, and ther to decyde and anſuer all ſuch bills and ſupplicatiouns as ſalbe direétit vnto them vpon the back, from this preſent Aſſemblie. * Item, Becauſe it hes pleaſed God of his mercie to grant a good and happie ſucceſſe to this preſent Conventioun, to the confort of his awin Kirk, and diſcontentment of the enemies, therfor the Aſſemblie ordaines the ſame to be intimat be every Preſbítrie at thair ſeverall paroch Kirks immediately after the diffolving of this Conventioun, and that they give publick thanks for the ſame, and pray God for a proſperous and long reigne to his Majeſ- tie and the health of his royall poſteritie. The nixt Generall Aſſemblie is ordainit to hald at Edinburgh the laſt Tueſday of May 1609 geirs, if his Majeſtie fall think expedient. Thanks being givin to God for the proſperous event of this preſent Aſ. femblie be prayer and finging of pſalmes, the ſame was dimiſfit. [Extraćt furth of the Regiſters of the A6ts of the General Aſſemblie by me Mr Thomas Nicolſone, Clerk Keeper and Extračtor therof. C.] * - [Proclamation by the King for proroguing the meeting of the Commiſ. fioners appointed be the laſt Aſſembly, from the 15 of November till the 6 of December. James be the grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, To our Lovites, &c. Meſſengers, our Sheriffs in that part conjunétly and ſeverally, ſpecialy conſtituted, Greeting. Foraſmuch as although the firſt advertiſement of the godly forwardneſs and zeal kythed be theſe of our Nobility, Clergy, and the other Eſtates of this our kingdom, conveened lately in a General Aſſemblie at our Burgh of Linlithgow, did give unto us no ſmall cauſe of joy and contentment, that there ſhould be ſo great a number of well affected and diſpoſed people in religion within our ſaid kingdome in theſe dayes, when blindneſs and ignorance have taken ſo great hold in forain parts; yet ſince that firſt advertiſement, we are ſo much the more ſatiſfied and contented with their whole proceedings, being 1064 THE BOOKE OF THE 1608. certified of the ſame at length by our oun Commiſſioner who was preſent all the time thereof, and be repair hither of ſome Commiſſioners ſelected out of everie Eſtate, and directed be the ſaid Aſſemblie, ſuited unto us for the allowance of certain matters moved amongſt them; upon the firſt hear- ing of which propoſitions, we having clearly diſcovered the true difference betuixt the lawfull and unlawfull meetings, and the good fruits that well licenſed and lawfull conveened Aſſemblies will produce, concurring toge- ther in a continued harmonie to advert the common enemy, and to deliberat upon ſuch matters, whereby his grouth and increaſe may be ſtayed; and that ſuch in whom errours are ſo far rooted as there is no hope of reclaim- ing, may be either utterly ſuppreſſed, or at leaſt brought to that caſe, that they need not to be feared in any fort, or reguarded; and not according to ſome late proofe of unlawfull conventicles, who upon a hair brained folie do preaffe to rais a ſcheſim in the Church, and by diviſion doe give that advantage to the enemy, that their untimous concurring afterward together will hardly gett remeeded : and as love is the main point in all religion, ſo the tokens of a general uniformity amongſt the Clergy and other Eſtates there conveened, uttered be them before the diſolving of their Aſſemblie, did teſtifie to the world, with what true ſincerity and affection of heart that whole meeting was ; wherein their proceedings, by excommu- nication of one of the great ſubjećts in this land, did therewith ſhew the ſmall reguard they have to offend any that are of contrarie profeſſion; which as we cannot but commend very much in them, ſo fince the Almightie God hath been pleaſed to committ the Patrocinie of this Church in our dominions to our care and protećtion as his Lieutennant here on earth, and nurſe Father of the ſame, we intend no way to be defective therein, but to aſſiſt all the lawfull proceedings of that Church, as well in advanc- ing the Goſpel as repreſſing contrarie profeſſours. And having conſidered the petitions brought unto us by theſe Commiſſioners ſent from the ſaid Aſſemblie, as we doe very well allow of the ſame, ſo for the better incour- aging of theſe who have had this turn in hand, of whom we hold everie one in their oun degree to have deſerved our ſpecial thanks, and to affray all ſuch who dare kyth themſelves of a contrarie faith; it being certified unto us, that, at the diſſolving of the ſaid Aſſemblie, certain of everie Eſtate were appointed to meet at Edinburgh, the 15 of November nixt, to attend the Commiſſioners return, and to underſtand from them our acceptation of the propoſitions brought hither with them ; and we being willing not only to 1609. UNIVERSALL KIRK OF SCOTLAND. 1065 declare our allowance of the ſame, but farther to authorize and counten- ance the ſame with our royal authority and pouer, have therefor thought meet to appoint a Convention of our Eſtates of this our kingdom, the 6th day of December nixt, againſt which time we doe intend to ſend doun thither our particular pleaſure and will concerning all theſe petitions preferred be the ſaid Commiſſioners to us. Our will is, therefor, and we charge you ſtraitly and command, that incontinent theſe our Letters ſeen ye paſs to the Mercat Croſs of our Burghs of Edinburgh, Perth, Sterline, Glaſgow, Dundee, Aberdeen, Elgine, Dumfries, and other places needfull, and there, in our name and authority, be open Proclamation, make intimation to all ſuch who expect for the return of our anſwere at the ſaid 15 day of No- vember, that they repair to our ſaid Burgh of Edinburgh, the ſaid 6 day of December nixt, where we intend not only a good, plauſable and acceptable anſwere delivered for the true comfort of all good profeſſours; but that ſome ſuch farther courſes alſo ſhall be concluded upon by our Eſtates to be at that time convened, as may moſt avail for the profecuting of . . . . . . . may both repreaffe the common enemy; and that, in this happie union of the Church of that our Kingdome, God his glory may be advanced, and true religion profeſſed. Given at our Mannour of Hamptoun Court, the 2d day of Oétober, and of our reigne the 6, and 42 years, 1608. Per Regem. The Convention of Eſtates appointed by the Kings Proclamation to be holden at Edinburgh, on the 6 day December, was continued to the 24 of Januar, 1609. On which day, the Kings Commiſſioner the Earle of Dumbar being preſent, there was holden at Edinburgh a General Convention of the Eſtates, to hear the report of the Kings anſwere to the Petitions of the laſt General Aſſembly. The Biſhop of Glaſgow, Mr John Spotſwood, rehearſed at great length the Kings ſpeeches concerning the approbation of all that was done at the laſt Aſſembly, yea, that he commended the ſame 6 T 1066 THE BOOKE OF THE 1609. ſo farre that he confeſſed, that if he had been there in his oun perſon he would neither have done more nor leſs than they had done. What con- cerned Papiſts and Papiſtrie, that, ſaid he, his Majeſtie has granted abſo- lutely, yea, hath ſent the Earle of Dumbar armed with all authority needfull to doe, as they craved. But as for the Brethren that are under the Kings diſpleaſure, who were baniſhed, impriſoned or confined, that if they would make an humble ſupplication for their libertie, ſo gentle and clement was his Majeſtie, that he would be readier to grant, then they to ſuit. Theſe things reported at length be the Biſhop of Glaſgow and Mr William Couper, Mr James Law, Biſhop of Orknay, Moderator of the laſt Aſſemblie, aſked at the Noblemen, what they thought of the Report. They all in one voice anſwered, they thought well of it, and praiſed God from their hearts, for giving them ſuch a religious and gracious Prince, who had ſuch a reſpect to the glory of God, and good eſtate of the Kirk, and hated everie thing that was prejudicial to the ſame. Then were paſt the following reſolutions. Firſt, That the Biſhops ſhould be examiners of Pedagogues that paſſed with Noblemen and Gen- tlemens ſons out of the countrie. - ºr Item, That none ſuſpected of Popery that are young Gentlemen, be entred to their lands, except they have the Biſhops recommendation to the inqueiſts, and a teſtificat of their ſoundneſs in religion. In end, mention was made of the Conference which was to be holden between the Biſhops and the Miniſters. The Biſhop of Glaſgow ſaid, that a day was appointed already be the Earle of Dumbar, and the Commiſſion- ers of the Kirk, in Februar nixt to come ; and for that effect advertiſment ſhould be made to all having entreſs. Follow the Memorials penned by Mr Spotſwood, Biſhop of Glaſgow, ſent to his Majeſtie by the Biſhop of Galloway, Mr Gawin Hamiltoun. Memorials to be propounded to his moſt excellent Majeſtie. 1. Yow ſhall relate the proceedings of the late Convention, and what affection ſome that were preſent kythed therein, that his Majeſtie may be forfeen with mens diſpoſitions, for the better choice of theſe to whom the affairs ſhall be concredited. 2. Yow ſhall remember the care we have had of reclaiming the Mar- 1609. UNIVERSALL KIRK OF SCOTLAND. 1067 quiſe of Huntlie, and the Earle of Erroll, from their errours, and the ſmall profite we have ſeen thereof; and inſiſt for his Majeſties favour to the peti- tion of our Letter. 3. Anent the Miniſters that are confined, your Lordſhip ſhall excuſe the requeſt made be us in ſome of their favours, ſhewing how it proceeded; and farther declare, that of late they have taken courſe to give in ſupplica- tions to the Counſel for their enlargeing to a certain time, for doeing their particular buſineſſes at Seſſion, and otherwiſe in the country; and that ſome of them have purchaſed licence be the votes of the Counſel, albeit we op- poned : Therefor beſeek his Majeſtie to remember the Counſel, that the confineing of theſe Miniſters was for faults done be them to his Hienes ſelf, and that they ſhould be acknowledged and confeſſed to his Majeſtie, and his Hienes pleaſure underſtood therein, before the grant of any favour; otherwiſe they ſhall undoe all that has been hitherto followed for the peace of the Kirk. - - 4. Touching the Erections, it is our humble deſire to his Majeſtie, that the Noblemen, in whoſe favours the ſame hath been paſt, may take order for the proviſion of their Kirks, according to the conditions made in Par- liament, or then diſcharge their Erections, which ſeems beft to be done be an Aët in this infewing Seſſion of Parliament, for which his Majeſties warrant would be had : And ficklike, ſome courſe would be taken for the Prelacies erected, which have paſt alſo the conſtant Platt; that the pre- ſentation of Miniſters to the modified ſtipends, at the vacancy of the Church, ſhould be in his Majeſties hand, whereunto, although his Majeſties expreſs commandment was given of before, no head was taken be ſuch as had the charge of affairs. - - 5. Since this matter of the Commiſſariats importeth ſo much to the reformation of our Church government, as this being reſtored, in a little time the reſt may be ſupplied that will be wanting, it ſhall be good to re- member it be a ſerious letter to my Lord Dumbar, that we may know in due time what is to be expected. And fince our greateſt hindrance is found to be in the Seſſion, of whom the moſt part are ever in heart oppoſite unto us, and forbear not to kyth it when they have occaſion, yow ſhall humbly intreat his Majeſty to remember our ſuit for the Kirkmens place according to the firſt inſtitution, and that it may take at this time ſome beginning, fince the place vacant was even from the beginning in the hands of the Spiritual fide, with ſome one Kirkman or other till now ; which 1068 - THE BOOKE OF THE 1609. might it be obtained, as were moſt eaſie be his Majeſties direétion and com- mandment, there ſhould be ſeen a ſudden change of many humours, in that State, and the Commonwell would find the profite thereof. 6. Anent our Conference with the Miniſtrie, your Lordſhip will declare the time that is appointed, and the reaſons of the continuation of the ſame. : 7. Becauſe in the time of Parliament chiefly it ſhould be expedient to have the Biſhops teach in the pulpits of Edinburgh, his Majeſtie would be pleaſed to commend this to my Lord of Dumbar be a particular letter; and to require alſo the Miniſters of Edinburgh to defire their help at that time, if it were for no other end, but to teſtifie their unity and conſent of mind to the Eſtates. 8. Becauſe the Kirk of Leith lyeth deſtitute in a ſort through the Biſhop of Roſſe his age, and the impriſonment of Mr John Murray; and that the ſaid Mr John is no way minded, as appeareth, to give his Majeſtie ſatiſfac- tion; neither were it meet, in reſpect of his carriage, that he ſhould return to that Miniſtrie; and to inſiſt in his deprivation with the Commiſſioners, might perhaps breed unto us a new difficulty : If his Majeſtie ſhall be pleaſed, we do hold it moſt convenient for this errand, that the ſaid Mr John be conveened before the Counſel be his Majeſties command, and be them be charged to ward in the Toun of Newabbay and ſome miles about, having libertie to teach that people, amongſt whom he ſhall find ſome other ſubjećt to work upon than the State of Biſhops. And for the proviſion of Leith, that his Majeſtie will be pleaſed to command the Preſbytrie of Edin- burgh, in reguard of the Biſhop of Roſſe his age, and the ſaid Mr Johns tranſportation be his Hienes appointment, to have care that the ſaid Kirk of Leith be planted with all convenient diligence be Mr David Lindſay ſometimes Miniſter of Sanét Andrews, for whom both the people is ear- neſt, and we may have ſufficient aſſurance to his Majeſties ſervice. And in caſe the ſaid Preſbytrie prove wilfull, that another letter to the ſame effect may be ſent to the Commiſſioners of the Generall Aſſembly, who may take order to ſee that matter ended, if ſuch ſhall be his Majeſties plea- ſure; and this would be done with all diligence convenient. We cannot but remember alſo the miſorder creeping in the countrie, that once was happily repreſſed, the wearing of gunnes and piſtolls; and humbly beſeek his Majeſty, that ſome new courſe may be eſtabliſhed be ſearchers of ſuch perſons, and delating of them to the Counſel, that they 1609. UNIVERSALL KIRK OF SCOTLAND. 1069 may be puniſhed; and that the Treaſurer may have commandment to make choice, in everie country, of certain that ſhall be thought fitteſt to ſearch, which ſhall be known only to his Lordſhip ſelf, and ſatiſfie them for their pains, to the end this inſolence may be reſtrained. Particularly it would be forbidden in the granting of Commiſſions, that this liberty be not per- mitted ; for this is one of the cauſes of their ſo open bearing, as ſaid is. Theſe particulars, your Lordſhip will have care to propone to his Majeſ. tie at ſome fit time, and ſee the anſwers thereof diſpatched accordingly. Your Lordſhips ſhall remember my Lord of Cathneſs and his penſion. GLAsGow, be warrant, and at the deſire of the reſt of my Lords the Biſhops. My Lord, when your Lordſhip ſhall ſpeak for the help of our Kirks, be the fall of theſe men that poſſeſs our livings, and do juſtly incurre his Ma- jeſties indignation be their hainous offences, be pleaſed to remember the caſe of Lanerk; the poſſeſſors of the tithes be now excommunicated, and at the horn. Defire his Majeſties favour for the grant of them to Mr Wil- liam Birnie, Miniſter there, whoſe diſpoſition your Lordſhip knows to his Majeſties ſervice; and his Hienes letter for that effect to my Lord Trea- ſurer, that he may be poſſeſſed in the ſame with all convenient diligence. Likewiſe remember the proviſion of Cramond, and the Biſhop of Dun- keldens intereſt to theſe tithes. GLASGow. Proceidings of the Conference, appointed be the laſt Aſſembly, holden at Falkland, the 4th of May, 1609. - The Earles of Dumbar and Wigtoun, my Lord Skoone, and my Lord Fentounbarns, Colle&tor, Commiſſioners for his Majeſtie; Mrs George Gledſtains, John Spotſwood, Alexander Lindſay, Alexander Forbeſſe, Patrick Sharp, Robert Howie, John Mitchelſon, Henrie Philip, and George Hay for the Biſhops; Mrs Patrick Galloway, John Hall, William Scott, Archbald Oſwald, John Knox, John Carmichaell, Adam Bannatyne, John Wemes, and William Cowper, (Patrick Simſon being abſent,) mett in that chamber, which was her Majeſties, for diſcharging a Commiſſion direéted 1070 THE BOOKE OF THE 1609. from the laſt General Aſſemblie, holden at Linlithgow, the 29 day of Julie 1608 years. In the which meeting the ſaid Commiſſioners proceeded as followeth : Seſſio 1 a. After prayer, and a ſhort ſpeech uttered be Mr James Law, Moderator, the Commiſſion of the General Aſſembly was read; whereof the tenour followeth : At Linlithgow, the 29 of Julie 1608, poſt meridiem. As for the ſecond cauſe of the eyeliſts which are ſaid to ariſe upon di- verſities of opinions, becauſe the ſaid diverſities of opinions reſult upon dif- ferent judgments among the brethren, concerning the external government and diſcipline of the Kirk, which cannot ſo ſhortly be diſcuſſed and adviſed upon as the brevity of this Aſſemblie permitts: Therefor, it was the opinion of the brethren appointed for the adviſeing of the beſt overtures anent the diſtraćtions and eyeliſts that are entred in the hearts of the Mi- niſtrie, that the ſamen ſhould be delayed till a time more convenient ; and, in the mean time, certain appointed to reaſon, treat, and adviſe upon the fame, which likewiſe the Aſſemblie has thoght expedient; and, therefor, they have elected and choſen the brethren after following, viz. the Bi- ſhops of Sanét Andrews, Glaſgow, Dunkelden, Orkney, Cathneſs; Mrs Patrick Sharp, Robert Howie, John Mitchelſon, Henrie Philip, George Hay, Patrick Galloway, John Hall, Patrick Simſon, William Scot, Arch- bald Oſwald, John Knox, John Carmichael, Adam Bannatine, John Weemes, and William Couper, their Commiſſioners in that part, to con- veen with his Majeſtie, or ſuch of his Majeſties Commiſſioners as his Hienes ſhall appoint, at ſuch time and places as they ſhall be required be his Ma- jeſtie; and to treat, reaſon, and conſult upon all matters ſtanding preſently in controverſie among the brethren, anent the diſcipline of the Kirk; and whatſomever they aggree upon, to report to the nixt General Aſſemblie; and, in the mean time, while the mixt Aſſemblie, the advice of the brethren conveened at Falkland, the 16 of June laſt bypaſt, be obſerved anent the conſtant Moderators. There was read alſo his Majeſties Miffive Letter, and a letter of excuſe from Mr Patrick Simſon. And thereafter a motion was made be his Ma- 1608. UNIVERSALL KIRK OF SCOTLAND. 1071 jeſties Commiſſioner, and propouned be the Moderator, that five of either fide ſhould be put apart, to ſett down the order of proceeding. After ſome reaſoning upon the ſaid propoſition, and ſome objećtions againſt the ſame, it was admitted and followed : and for the Biſhops were named, Sanét Andrews and Glaſgow, Patrick Sharp, Robert Howie, and Henrie Philip ; for the Miniſters, Patrick Galloway, John Hall, William Couper, John Carmichael, and William Scot. . The Earl of Dumbar, my Lord Fentounbarns, James Law, Moderator, and the ten which were nominated and choſen, removed and went into his Majeſties Chamber, where the Commiſſion was read again; which being conſidered, was thought very general be ſome ; and for limitation thereof, the particulars after following were proponed be the Miniſters: Firſt, That the brethren, among whom the alledged controverfies were, ſhould be particularly named, or at leiſt ſome way deſigned, whereby the one party might be known be the other. 2ly, It was required, that the alledged controverſies ſhould be denomi- mated and condeſcended upon, for clearing of the firſt point. Theſe of the part of the Miniſtrie declared, that they were one in judgment with the godlie Fathers, reformers of the Kirk of Scotland, and ſuch as had from time to time, in General Aſſemblies, appointed the diſcipline, and obtained ratification thereof; as alſo that they eſteemed the diſcipline appointed be the Kirk, and ratified be the laws of the countrie, to be moſt godly and meet for the ruleing of Chriſt his Kirk within this Realme. Theſe of the other opinion came to no particular nomination nor deſig- nation, whereby their difference from ſuch as had eſtabliſhed the diſcipline, might be perceived. - . For better underſtanding of the ſecond, the Miniſters deſired, that diſ- tinétion be made betwixt matters ſtanding in controverſy among the bre- thren, [and matters] extra controverſiam in the Kirk, in which caſe they take to be all things concluded in lawfull General Aſſemblies. Item, That clear difference might be made betwixt privat brethrens opinions and conceits, (put caſe their numbers be great,) and matters in controverſie in the Kirk; ſeeing nothing can probably be called a contro- verſy of the Kirk, but that which has been received as a doubt before in ſome General Aſſemblies, and depends as yet undecided, for there is an order concerning caſes, where the brethren doubt and crave reformation, viz. that ſuch matters ſhould be proponed to the General Aſſemblie, ordine 1072 THE BOOKE OF THE 1609. decenter, animo aedificandi, non tentandi; in reſpect of the which order, it is no wayes convenient, that the ſaids Miniſters ſhould participat in a Conference with their brethrens opinions, different from the judgment of the Kirk; and ſyne report the ſame to a General Aſſemblie. Laſtly, Seeing the Aſſemblie at Linlithgow has directed Commiſſion anent matters preſently ſtanding in controverſy concerning diſcipline, which claws of neceſſity muſt be referred, either to matters that ſtand in contro- verſy before that Aſſemblie, and in the time of it; or els to matters called and received in controverſy before the ſame : It was demanded be the ſaid Miniſters, what particular matters either ſtood in controverſy, or were called or received into controverſy. The intention of this their dealing was to ſhew, that the Commiſſion above written bore no warrant to the ſaid Commiſſioners, either to make particular queſtions and controverſies, which had not been heard in General Aſſemblies of before ; or yet to call in controverſie the aëts, concluſions, allowed pračtices, or eſtabliſhed order of the Kirk. This purpoſe was taunted among the Miniſters themſelves; and it was alledged, that this form of dealing would be accounted a ſhifting of diſputation; and ſo the blame would lye upon the Miniſters. It was anſwered, it was better to bear the unjuſt blame, than to break a whole cauſe, which, if it were broken, could not eſcape to be hurt, ſeeing the one partie were 16 or 17, and the other but 9. The other fort, for the party of the Biſhops, termed that form of proceeding tergiverſation, policy, quarelling of the General Aſſemblie, fruſtration of their good in- tention, &c. Much time and talk were ſpent hereabout, and ſhoring and boaſting; but no clear ſatiſfaction returned to this demand, and propoſi- tions above ſpecified. And ſo ſomewhat abruptly it was ſaid, they mett either for ſomething, or nothing; and confuſedly was caſt in, that ſome of the brethren had received the conſtant Moderators, and others not ; ſo that was a controverſy of the Kirk, ſaid they, whether the Moderator ſhould be conſtant, or circular as they termed it. Item, Some of the brethren think that the cautions ſhould be keeped, and others think that reaſon would that ſome of them ſhould be aboliſhed. It is a queſtion then, forſooth, whether the cautions ſhall be keeped, or not. It was anſwered to the firſt, that the foreſaid Aſſemblie at Linlithgow, wherefra this Commiſſion was direéted, had expreſſly provided, that the advice, given in their Conference at Falkland, ſould be obſerved till the 1609. UNIVERSALL KIRK OF SCOTLAND. 1073 nixt General Aſſembly; and true it is, that in that Conference at Falkland, the meeting at Linlithgow, wherein the intended innovation of the Mo- deratour was begun, was ſpyed; and that matter to be further treated in the enſueing Aſſembly at Linlithgow; which Aſſembly, when it conveened, acquieſced in the advice given at Falkland; ſo that there is no warrand in this Commiſſion to call the accuſtomed and eſtabliſhed order of Moderation in doubt. Unto the ſecond it was anſwered, that the cautions, after long reaſoning and adviſement had in Preſbytries, Provincial and General Aſſemblies, they were ſolemnly concluded in two Aſſemblies, one at Dundie, another at Montroſe, his Majeſtie being preſent at the one and the other, and as yet ſtand in full force unrepealled, and can no more be called in queſtion be vertue of this preſent Commiſſion, than the aëts anent vote in Parlia- ment, or any other ačts of the General Aſſemblies. It was thought meet be the moſt part, that both theſe matters of the Moderation and Cautions ſhould be put in queſtion ; and ſo they, that went apart, reentred in the place of Conference; and all being preſent, the Moderator demanded, whither if the ſaid matters ſhould paſs in queſtion, or not. It was anſwered be the moſt part affirmativé, they ſhould ; and ſo the queſtion was conceaved, as followeth. 1. Whither in Synods or Preſbytries the Moderation ſhall be conſtant, Or not. - 2. Whither the cautions ſett doun in the Aſſemblies holdin at Dundie and Montroſe for reſtraining the power of Biſhops, ſhould be obſerved and ſworn to, or not. - Thereafter, the Moderator deſired, that one of either ſide ſhould be named to reaſon theſe two queſtions; but being late, no nomination was made ; but thanks given, and ſo that Seſſion ended. After the diſſolving of that Seſſion, the Miniſters mett be themſelves, and having conferred a little anent the diſſadvantage and danger, be ſuffer- ing themſelves to be ſeparated in that former Seſſion, all were deſired to think that night upon the meeteſt remedy, and tymouſly meet in the morn- ing, which they did. * In that their meeting they concluded, 1. That Mr Patrick Galloway ſhould be ſpeachman, and ſome others to aſſiſt him as need required. 2. That they ſhould ſuffer themſelves no ways to be divided ; but what- ſomever ſhould be proponed, (although of leſs importance,) they ſhould 6 U 1074 THE BOOKE OF THE 1609. take it to be adviſed be the whole, before that any anſwer ſhould be re- turned. 8. That in reſpect of the members of that Conference, and of the quality of matters called in doubt, that they would no ways diſpute but be write. Seſſio 2a, Maij 5, hora 9, ante meridiem. The aforeſaid Commiſſioners conveened in the morning, in the place before named ; and after prayer, the Moderator proponed, that one of either fide ſhould be named and appointed to reaſon the firſt queſtion. Mr Patrick Galloway being deſired to ſpeak, anſwered, that it was moſt convenient to reaſon the matter be writt, for the reaſons following : 1. For eſhewing of idle and hot ſpeaches, ſuperfluous digreſſions, and imper- tinent diſcourſes, whereby brethren might be irritated, and time unprofi- tably ſpent. 2. For avoiding of different reports to be made be the brethren of different judgments, after the Conference ended. And, therefor, he required the other partie, that they would ſhortly and clearly ſet doun their opinion in articles, touching that matter, and reaſons whereby they would confirm the ſame ; promiſing that the ſaid opinion and reaſons ſhould be plainly and brotherly anſwered, in ſuch ſuccinét forme as was poſſible they could conceive and expreſs in write. - Many things were objećted againſt that anſwer and offer; but all objec- tions were anſwered. And ſo, the Miniſters ſtanding conſtantly to their reſolution, the other party deſired that they might adviſe among themſelves anent the premiſes; unto which deſire the Miniſters agreed, and removed themſelves; and the other partie with his Majeſties Commiſſioners ſat ſtill. After their reentry, the Moderator objećted four reaſons againſt writting. 1. The cuſtome of the Kirk of Scotland. 2. The cuſtome of Conferences in other countries, and ſome Colloquies were named. 3. His Majeſties prohibition of writt. 4. Sundry inconveniencies that might follow there- upon, as namely, that the copies would paſs abroad, and would come in the hand of enemies, whereby it could not fail, but ſlander and ſkaith would come to the cauſe of religion. To the firſt it was anſwered, that while the Kirk of Scotland had adoe with the Counſel thereof, anent the treating and concluding of the heads of diſcipline, they gave and received write one from another. 1609. UNIVERSALL KIRK OF SCOTLAND. 1075 To the ſecond, that the Colloquies named be them had very evill events; and others treated be write, ſpecified be the Miniſters, had better ſucceſs, and made more for the advantage of religion. As for the cuſtom of countries generally alledged, writt was more uſuall than word, as may be ſeen by [Ambaſſadoris deillings, learned mens Epiſ- tles, printed Colloquies, and Traities of all ages. To the third, It is evident in his Majeſties letter, that his Hienes inten- tion is to ſettle all matters peaceably, and beſide the ſame there is nothing produced : Therefor, writting, whereby jangling of words, hot ſpeaches, and tedious digreſſions ſhall be avoided, is the moſt fitt and ſafe way to come to his Majeſties purpoſe. To the fourth, In caſe of agreement, interchanged papers may be riven or burnt; and the concluſions agreed upon only put in write to remaine. If they can no wiſe agree, whatſoever ſhall paſs in write may be, with con- ſent of all, deſtroyed. And after theſe anſwers, the Miniſters concluded, that reaſoning by word, without a Judge, could not poſſibly be had without tumult in the time of treaty, and different and contradićtorious reports after breaking up of the meeting ; whereby the preſent diſtraćtions would be augmented, and the cauſe of religion farther prejudged, Papiſts and all forts of enemies, wiſhing, working and watching for diviſion among Miniſters, ſo far as they may. The matter being thus ſtand to be the Miniſters, ſome ſpeaches of ter- rours was given out; and thereafter the Moderator proponed, that a ſhort hiſtory might be ſett doun, with all conſents, of that meeting, and the pro- ceedings therein; to ſome ſuch effect as followeth : That the Commiſſioners mett, the Commiſſion was read, two queſtions were agreed upon. They for the part of the Biſhops offered to diſput thereupon ; and the Miniſters refuſed. The Miniſters deſired the laſt point to be mended after this man- ner; that they for the Biſhops offered to reaſon be word, and refuſed writt; and the Miniſters were willing to reaſon be writt: but when they ſhould be before a General Aſſembly, Judge ordinar in ſuch matters, they ſhould be ready to reaſon be word or writt, as it ſhould pleaſe the Aſſembly to injoyne; but here they could not reaſon be word, becauſe they wanted a Judge. This was refuſed, and ſo no hiſtory was agreed on : But the Moderator deſired that his Majeſties letter, and the Commiſſion being laid afide, either of the parties would adviſe upon ſome overtures for the peace 1076 THE BOOKE OF THE 1609, of the Kirk; and for reporting thereof, three after noon was appointed for all to meet again. Thus, after thanks giving, the Commiſſioners roſe. Immediately after dinner, the Commiſſioners conveened be themſelves, and after conſultation agreed upon four articles as follows: 1. That a declaration ſhould paſs from this Conference to be publiſhed in the Kirk of Scotland, proporting, that the Kirks within this realm are well conſtituted in doétrine and diſcipline, praiſed be God; and that the diſcords and differences among the Miniſters anent the one and the other, aggredged and given out be Papiſts, Atheiſts, and other enemies, are but ſlanderous calumnies tending to ſedition, and to deceive the fimple. 2. That the handling of the diſcords and differences among the Miniſters be laid aſide and ſpaired ; and the ſaid differences covered under the ſkirts of brotherly patience and chriſtian wiſdom, while firſt Papiſts and Papiſtrie be proceeded againſt, and put to a point. 3. Seeing the matter of Biſhoprick and Hierarchie cannot be handled at this time, but with advantage to Papiſtry and Papiſts, and diſadvantage to the eſtabliſhed order of this Kirk, which has been a ſpecial mean, whereby they and their kingdom have been diffipated and overcome; that purpoſe would be ſuperceded, till the land were purged of them and their leaven. 4. That an humble ſupplication ſhould paſs from this Conference to his Majeſtie, for grace and favour to the Miniſters that have been ſo long baniſhed, keeped in priſon, and confined; namely, that they may be relax- ed, ſett at liberty, and returned to their places. - Seſſio 3a, Eodem die, hora tertia, poſt meridiem. The whole Commiſſioners mett in the place above ſpecified ; and, after prayer, the Moderator required the Miniſters to preſent their advice, as was appointed before noon. And Mr Patrick Galloway preſented the articles above written, which were read ; and after the reading thereof, ſome freated, and preſſed to ſpeak; but authoritative be the Moderator and ſome others, that vehemency was keeped at under, and filence was com- manded. Thereafter the advice of the other party was read, and all de- manded, what they thought of it. Little ſaid for it, and nothing againſt it. The Moderator deſired the Miniſters to take up their articles; which being done, the concluſion after following was agreed upon. 1609. UNIVERSALL KIR.K OF SCOTLAND. 1077 At Falkland, the fift of May 1609. The brethren conveened, having read the Commiſſion givein to them be the General Aſſembly, and confidering the generality therof, and how it is needfull, for ending of all controverfies ſtanding in diſcipline among the Miniſtry, that the particular points in queſtion be condeſcended upon, have, for the preſent, agreed upon two, viz. Whither in Synods or Preſby- tries the Moderators ſhould be conſtant, or not : And whither the Cau- tions ſett doun in the Aſſemblies holden at Dundee and Montroſe for re- ſtraining the power of Biſhops, ſhould be holden, and ſworne unto, or not. Which two queſtions being proponed, becaus neither the brevity of time permitts, nor is it, for divers cauſes, thought expedient to enter in reaſoning thereof at this preſent, the brethren continue all treating of the ſame till the firſt Tueſday of Auguſt nixt to come, appointed for their meeting to that effect in Stirling : Willing and commanding every one of the ſaid brethren to adviſe and confider gravely on the ſaid queſtions, and all points thereof; and to be ready at their ſaid meeting to propone their mindes either be word or write, as they ſhall think fitteſt; and farther to ſett doun in write all the differences, which they conceive in the matter of diſcipline, that ſome ſolid courſe may be taken with common conſent, for removing the ſame. § In the mean time, it is thought expedient, be the conſent of the whole number, that the General Aſſembly be prorogued till the firſt Tueſday of May nixt to come, to be holden at Sanét Andrews, if it ſhall pleaſe his Majeſtie; that theſe affaires being brought to ſome point, report may be made, according as is ordained in the ſaid Commiſſion. And becaus his Majeſties moſt zealous care for the good peace of the Kirk, and the ſuppreſſing of Papiſts and all contrary religions, does ſo many wayes appear, that we have all exceeding great matter of thanks to be given to the Almighty God, for the bleſſing beſtowed upon this Kirk in his Majeſties perſon : It is found meet, that a letter of humble thanks be written from this Conference to his Majeſtie, and that, in all congregations of this kingdom, declaration be made be every Miniſter of his Hienes good affection and reſolved mind to ſettle the Kirk in peace and truth, and to free the ſame of all the enemies, and their pernitious pračtices; and that 1078 THE BOOKE OF THE 1610. publick thankes be given to God for his mercies, and prayers conceived for happy progreſs of his Majeſties purpoſe. As alſo, the brethren knowing the great dangers, that the Kirk ſtandeth in, through the enemies of religion, have thought meet to recommend to all the Miniſters and Preſbytries in this realme a carefull proceeding againſt Papiſts, and ſuch [as remaine ſuſpect in religioune; and that they be diligent to lairne] of the ſtrangers that reſort from forrain parts, and to make intelligence to his Majeſties Commiſſioner, the Earle of Dumbar, or ſuch other of his Hienes Counſel as they are beſt acquainted with, that they know zealous of Gods truth, and faithfull to his Majeſtie: And, above all things, that they and every one of them intertain peace, friendſhip and brotherly love with others; laying aſide all jealouſies, ſuſpitions and other prejudices; and that they communicat their counſels and helps to the ad- vancing of religion, and eſtabliſhing a good and ſolid agreement in the Kirk; which the brethren preſent for themſelves have ſolemnly promiſed: and likeways to labour others to the ſame as far as they can, that God may have the glory, and his moſt excellent Majeſtie ſatiſfaction and contentment in all things. This concluſion and his Majeſties letter being written and ſubſcribed, the Moderator gave thanks to God in the place where they mett. Mr William Couper being requeeſted by his Majeſties Commiſſioner and ſome of the brethren, went to the Kirk of Falkland, and all that were there with him. He made an exhortation and thankſgiving upon the laſt three verſes of the 74 pſalme ; and thereafter the 138 pſalme was ſung, and thus all were diſmiſſed. - A Commiſſion given under the great ſeal to the two Archbiſhops, to hold two courts of High Commiſſion, was proclaimed at the Croſs of Edinburgh, in March, 1610: The tenor whereof followeth. James, be the grace of God, King of Great Brittane, France, and Ire- land, Defender of the Faith, To our lovites, &c. Meſſangers and Shirefs in that part, conjunctly and ſeverally, ſpecialy conſtituted, greeting. For as much as complaint being made to us in behalf of the Miniſtry of this our Kingdom, that the frequent advocations purchaſed be ſuch as were either 1610. UNIVERSALL KIR.K OF SCOTLAND. 1079 erroneous in religion or ſcandalous in life, not only diſcouraged the Mi- niſtry from cenſuring of vice; but emboldened the offenders to continue in their wickedneſs, uſeing their advocations as a mean to delay and diſtap- point both tryall and puniſhment: We, for eſchewing of this inconvenient, and that the number of true profeſſors may be known to increaſe, the An- tichriſtian enemy and his grouth ſuppreſſed, and all forts of vice and ſcan- dalous life puniſhed; and that neither iniquitie, nor delay of tryall and puniſhment, be left be this ſubterfuge of diſcouraging of Eccleſiaſtical cen- ſures to proceed on things ſo meet and proper for them, have, out of our duty to God and love to his Kirk, being the nurſe father of the ſame on earth, within our dominions, given power and commiſſion to the Reverend Father in God, and our truſty and well beloved Counſellor, George Arch- biſhop of Sanét Andrews, Primat and Metropolitan of our kingdom ; and to our right truſty cuſine and counſellor, Alexander Erle of Dumfermling, Lord High Chancellor of this our kingdom ; George Erle of Dumbar, Treaſurer; George Erle of Merſchall, John Erle of Marr, John Erle of Montroſe, Patrick Erle of Kinghorn; to the Reverend Fathers in God, Alexander Biſhop of Dunkelden, Peter Biſhop of Aberdeen, Alexander Biſhop of Murrey, Andrew Biſhop of Brechin, David Biſhop of Roſs, George Biſhop of Dumblain, Alexander Biſhop of Cathneſs, and James Biſhop of Orkney; to our truſty Cuſines and Counſellors . . . . . Lord Lindſay, Simon Lord Frazer of Lovat, David Lord of Scoon ; and to our truſtie and well beloved Counſellers, Mr John Preſton of Penny- cook, Preſident of our College of Juſtice; Sir David Cockburn of Clerking- toun, Knight, Lord Privie Seal; Sir Alexander Hay, Knight, our Secre- tar; Sir James Hay of Kingaſk, Comptroller; Sir Thomas Hamilton of Binnie, Knight, our Advocate; and to our Lovites, Sir David Carnagie of Kinnaird, Knight, . . . Dundas of that ilk, Alexander Irving of Drum, . . . Ramſay of Balmany, Mr John Arthur, Mr Thomas Hen- derſon, Mr Adam King, and Mr James Bannatyn, Commiſſarys of Edin- burgh; Mr John Weymes, Commiſſar of Sanét Andrews; Mr James Mar- tin, Rećtor of the Univerſity of Sanét Andrews; Mr Robert Howie, Principal of the New College there; Mr David Monipennie, Dean of Faculty; Mr Patrick Galloway, Mr John Hall, Mr Peter Hewat, Mr John Mitchelſon, Mr Robert Wilkie, Mr John Strauchan, Mr Andrew Leitch, Mr Hendry Philp, Mr Arthur Futhie, and Mr Patrick Lindſay, Miniſters; - or to any five of them; the ſaid Archbiſhop being always one, within the 1080 THE BOOKE OF THE 1610. whole bonnds of the Province of Sanét Andrews : And to the Reverend Father in God, and our truſty and well beloved Counſeller, John Arch- biſhop of Glaſgow, Alexander Erle of Dumfermling, George Erle of Dumbar, John Erle of Caſſils, James Erle of Glencarne, John Erle of Wigtoun, James Erle of Abercorn: And to the Reverend Fathers in God, Gawin Biſhop of Galloway, John Biſhop of Argyle, Andrew Biſhop of the Iſles; and to our truſty couſine and counſeller, Walter Lord Blantyre ; and to our lovits, Mr John Arthure, Mr Thomas Henryſon, Mr Adam King, Mr James Bannatyne, Commiſſars of Edinburgh ; David Forſyth, Commiſſar of Glaſgow; Mr James Halyday, Commiſſar of Dumfries; Mr John Hamilton, Commiſſar of Hamilton ; Mr James Hamiltoun, Com- miſſar of Lanerk; Sir George Elphinſton of Eaſtwood, Knight; Mr Pa- trick Sharp, Principal of the College of Glaſgow; Mr William Birnie, Miniſter of Lanerick; Mr John Hay, Parſon of Ranfrew ; Mr James Hamiltoun, Dean of Glaſgow; Mr David Sharp, and Patrick Walkinſhaw, Subdean of Glaſgow ; Mr Thomas Ramſay, Miniſter at Dumfries, Mr John Bell, Miniſter at Glaſgow, and Mr Walter Steuart, Miniſter at . . ; or any five of them, the ſaid Archbiſhop being always one of them, within the whole bounds of the Province of Glaſgow : To call before them, at ſuch times and places as they ſhall think meet, any perſon or perſons dwell- ing and remaining within the Provinces reſpectivé above writen of Sanét Andrewes, of Glaſgow, or within any Dioceis of the ſame, being offenders either in life or religion, whom they hold any ways to be ſcandalous; and that they take tryal of the ſame ; and if they find them guilty and impeni- tent, refuſing to acknowledge their offence, they ſhall give command to the Preacher of the pariſh where they dwell, to proceed with ſentence of ex- communication againſt them ; which if it be protraćted or delayed, and their command be that Miniſter be not preſently obeyed, they ſhall conveen any ſuch Miniſter before them, and proceed in cenſuring of him for his diſobedience, either by ſuſpenſion, deprivation, or warding, according as in their diſcretion they ſhall hold his obſtinacy and refuſal of their direction to have deſerved ; and farther, to fyne at their diſcretions, impriſon or ward any ſuch perſon, who being convićted before them, they ſhall find upon tryall to have deſerved any ſuch puniſhment; and a warrand under the hand of any five above named, of every Province reſpectivé above written, the ſaid Archbiſhop of the Province being one, ſhall ſerve for a ſufficient command for the Captains and Conſtables of our wairds and 1610. UNIVERSALL KIRK OF SCOTLAND. IOS1 caſtles, and to all keepers of jayles or priſons, either to burgh or land, within any part of the Provinces respectiué above written, for receiving and detaining ſuch perſons as ſhall be unto them direéted to be keeped be them, in ſuch forme as be the ſaid warrand ſhall be preſcribed, as they will anſwer upon the contrair at their perrill: and of all ſuch fynes as ſhall be impoſed on any offender, the one half to pertain unto ourſelf, and the other half to be imployed upon ſuch neceſſary things as our ſaid Com- miſſioners ſhall be forced unto, by charging of parties and witneſſes to compear before them; and the ſuperplus to be beſtowed at the fight of the ſaid Commiſſioners be diſtribution among the poor : Commanding the Lords of our Privie Counſel, upon fight of any certificat ſubſcribed be any fiue of the ſaid Commiſſioners within every Province, as ſaid is, the ſaid Archbiſhop of the Province being one, either of any fine impoſed be them upon any partie compearing and found guilty, or of the contumacy and refuſal of any to compear before them, that the ſaid Lords of our Privie Counſel direct a fummar charge of horning upon ten dayes only ; and that no ſuſpenſion or relaxation be granted, without firſt a teſtificat under the hand of the Archbiſhop of the Province, containing the obedience and fa- tiſfaction of the party charged, be produced ; and in caſe of farther diffo- bedience or rebellion of the party who ſhall be charged for his fyne or not compearance, the ſaids Lords of our Counſel are then to proſecute the moſt ſtrick order, as is uſual againſt rebells, for any other cauſe whatſomever. With power to our ſaids Commiſſioners to proceed herein, as alſo to take tryall of all perſons that have made defe&tion, or otherways are ſuſpected in religion; and as they find any juſt cauſe againſt them, to proceed in manner foreſaid : and als whenſoever they ſhall learn or underſtand of any Miniſter, Preacher, or Teacher of Schools, Colleges, or Univerſities, or of exhorting or le&turing Readers, within theſe bounds, whoſe ſpeeches in publick have been impertinent, and againſt the eſtabliſhed order of the Kirk, or againſt any of the concluſions of the bypaſt General Aſſemblies, or in favour of any of theſe who are baniſhed, warded, or confined for their contemptuous offences; all ſuch being no matter of doćtrine, and ſo much idle tyme ſpent without inſtruction of their auditory in their ſalva- tion, ought ſo much the more ſeverely to be puniſhed; in regard that they are Miniſters, who of all others ſhould ſpend leaſt idle talk, and ſpecially in the chair of verity: and, therefor, after the calling of them before ſaid Commiſſioners, they are to be queſtioned and tryed upon the points of that 6 x 1082 THE BOOKE OF THE - 1610. which is to be laid againſt them, and puniſhed according to the quality of their offence : And whereas complaints ſhall be made unto them be any party that ſhall be conveened before any Eccleſiaſticall Ju- dicatory for any ſuch crime as he ſhall be then ſuſpected of, or that the partie doeth alledge alwayes the matter itſelf to be improper to that Judicature, or the proceeding to have been informal, or that the Judicature itſelf has been too partial ; and when the Commiſſioners ſhall ſee any juſt cauſe, they are then to take tryal and cognition thereof unto themſelves, and to diſcharge the ſaid Judicature of all farther proceeding : Giving power alſo to our ſaid Commiſſioners to make choiſe of a Clerk, and other members of Court; and to dire&t out precepts in name of the ſaid Archbiſhop, and his aſſociats within every Province, for citation of any parties before them, within the bounds of the ſaid Provinces, in any of the ſaid cauſes above mentioned; which precepts are to be ſealed with a ſpecial ſeal, containing the armes of the ſaid Biſhoprick: giving alſo power to charge witneſſes to compear before them, under the pain of forty pounds ſcots money; and upon the certificat of the ſaid Commiſſioners, that any of the ſaid penalties are incurred be them, the ſaid Lords of our Counſel are to direct the like charges for payment of the ſame, as is ap- pointed for payment of the fynes in the ſaid Commiſſion paſt our Great Seal, containing diverſe other heads, clauſes, articles, and conditions, and bearing date at our Court at Royſtoun, the 20 of Januar laſt, at length is contained: wherof neceſſar it is that publication be made to all our lieges, that none pretend ignorance thereof. Our will is herefor, and we charge you ſtrait- ly, and command, that incontinent theſe our letters ſeen, ye paſs to the ſaid burghs within the Provinces above written, and there be open procla- mation, that ye make publication of the premiſſes, that none pretend igno- rance : And als, that ye, in our name and authority, command and charge all our lieges and ſubjećts to reverence and obey our ſaids Commiſſioners in all and every thing tending to the execution of this our Commiſſion; and to doe nothing to their hinder or prejudice, as they and ilk one of them will anſwer to us and our Counſell, upon their obedience, at their higheſt paine, charge, and perrill. The which to do, &c. Given under our Signet at Edinburgh, the 15 day of Februar, and of our reigne the 47 year, 1610. - - - Per Aétum Secreti Conſilij. 1610. UNIVERSALL KIRK OF SCOTLAND. I O83 THE KINGs Missive. Truſtie and well beloved, we greet you well. Albeit we juſtly fearing the diſorders that might ariſe in the General Affembly appointed to be holden at Sanét Andrewes, the day of May next, be reaſon of the dif. ferences now in the Church for matters of diſcipline, did be our Letters, publiſhed in Februar laſt, deſert the ſaid meeting; and ſpecialy declared, that it was not our mind to appoint any new Aſſembly, before we were well aſſured of the peacable inclination of theſe of the Miniſtry, who ſhould meet and conveen therat: Yet having been lately advertiſed of great con- fuſion ariſeing in the Church, by reaſon of the looſe and unſettled govern- ment which is therein, and being intreated be fundry of our good ſubjećts, Biſhops, Miniſters and others, for licence to ſome general meeting of the Church, wherein hope is givin us, that ſome good courſe by common con- ſent ſhall be taken for redreſs of all unorders, and the diviſion of minds, that has ſo long continued among the Miniſtry, to the great ſcandal of their profeſſion, ſhould ceaſe and be extinguiſhed, we have been pleaſed to yield to their requieſts, and granted liberty for a General Aſſembly to be holden at Glaſgow, the 8th day of June next : And, therefor, we will and re- quire you to make choiſe of the moſt wife, diſcreet, and peaceably diſpoſed Miniſters among you, to meet and conveen the ſaid day and place, inſtruct- ed with ſufficient commiſſion from the reſt, as in other Aſſemblies you have been accuſtomed; and to adviſe ament the excommunicated Erles, what order ſhall be taken with them for their ſatiſfaction of the Church ; anent the late erections, to communicat to our Commiſſioners the eſtate of every church within any of the ſame, the maintainance allowed thereto ; an overture for ſupplying the churches, which are not ſufficiently provyded ; and what is the beſt courſe to be taken for the ready payment of the Mi- niſters, ſo as they be not diſtraćted from their charge, and forced to attend the Law for diſcuſſing of ſuſpenſions, and ſuch like queſtions ariſeing there- upon : in which point we have had many grievous complaints from diverſe of the Miniſters there, and underſtood our good purpoſe touching them and their maintainance to have been wonderfully croſſed ; and that they be ready to give their beſt opinion in all the former points, and in every thing elſe that ſhall be demanded of them for the good peace of the Church. And becaus by our Letters we have particularly acquainted the Archbiſhop 1084 *THE BOOKE OF THE 1610. of Sanét Andrews of our purpoſe herein, and ſent unto him a ſpecial note of the names of ſuch as we deſire to be at our ſaid meeting ; it is our plea- ſure, that you conform yourſelves thereto, and make choiſe of the perſons that we take to be fitteſt for giving advice in all matters: wherein ye ſhall doe us acceptable ſervice. We bid you farewell. From our Court at Whitehall, the firſt of Aprile, 1610. The Biſhop of Sanét Andrews Letter to the Preſbytrie of Chirneſide. Grace be multiplied unto you. Beloved Brethren, after my heartie commendations in the Lord, I have received a Letter from the Kings Majeſtie anent the direétion of Commiſ- fioners to the approaching General Aſſembly. And to the effect ye may underſtand my Commiſſion to you for that effect, and the Kings Majeſties pleaſure, I thought good, as having credit of his Majeſtie in theſe matters, to ſhew to your Moderator the authentick Letter that has proceeded from his Majeſties hand, and to ſend to you the note of the perſons, whom his Majeſtie has thought fitteſt for that work. This I beſeech you, fince our Preſbytries in Fife, and, as I hear, the Preſbytrie of Edinburgh hath agreed to the Kings deſire, that ye will not fail to ſend a free, voluntary Commiſ- fion with theſe brethren, who have alſo received their ſeveral Miſſives from the Kings Majeſtie, that ye ſeem not to be ſingular, and refračtorie to reaſonable petitions. I hope, that this my counſel ſhall be well accepted of you : and fince ſuddane and willfull concluſions haue wrought ſuch bitter effects, I hope, ye will not provock the Kings Majeſtie to wrath, without any neceſſary occaſion. Thus I beſeek God to bleſs you all with the ſpirit of truth and love to the end. Edinburgh, the 28 of May, 1610. Your loving and aſſured Brother, SANCT ANDREws. 1610. UNIVERSALL KIRK OF SCOTLAND. 1085 A.D. M.D.C.X. The Generall Aſſemblie of the Kirk of Scotland halden at Glaſgow, the 8 of Junij 1610 years, quher was preſent, [THE KINGs CoMMISSIONERs. The Earle of Dumbar. My Lord Preſident. The Archbiſhop of Sanét Andrews. My Lord Secretarie. OF THE NobiLITY. Earles Montroſe. Lords Lindſey. Glencarne. º Scoone. Cathneſs. Blantyre. Wigtoun. Kintail. Kinghorne. Mr of Tillibartine. Abercorne. Comptroller. Lothian. . Kilſyth. OF THE MINISTERY. ORKNAY. Biſhop of Orknay. William Hair. Robert Stewart. - Mr Andrew Diſhingſtoun. Mr Patrick Waterſtoun. 1086 1610, THE BOOKE OF THE Biſhop of Cathneſs. Mr William Pope. Thomas Paipe. Mr George Monro. Biſhop of Murray. Mr James Dundas. Mr Thomas Dundas. Mr Patrick Dundas. Biſhop of Aberdeen. Mr David Rait. Mr Archibald Bleckburne. Mr Robert Burnet. Mr John Logie. Mr John Reid. Mr John Garein. Mr Robert Merſer. Mr Andrew Ramſay. Mr James Rait. Biſhop of Brechen. Mr Dugul Campbel. Mr Andrew Leitch, CATHNEss. James Gray. Mr Andrew Ogſbwie. Ross. Mr Robert Rock. MURRAY. Mr William Clogie. Mr Alexander Raufon, Mr William Reid. ABERDEEN. Mr Abraham Sibbald. Mr George Hay. Mr James Hay. Mr Robert Maitland. Mr John Strauchan. Mr Robert Roſs. Mr Robert Reid. Mr Alexander Guthrie. MERNEs. Mr Adam Walker. BRECHEN. Mr Richard Mercheſtoun, Mr James Elliot. 1610. UNIVERSALL KIRK OF SCOTLAND. 1087 ARBRoth. Mr Arthure Futhie. Mr Henrie Phillip. Mr Patrick Lindſey. Mr John Guthrie. Mr Andrew Drummond. DUNDIE. Mr David Kineir. - Mr Robert Rynd. MEEGLE. Mr Henrie Guthrie. Mr David Brown. Mr Alexander Kinninmouth. - PERTH. Mr William Couper. Mr Archibald Moncreife. DUNKELDEN. Biſhop of Dunkelden. Mr James Menzies. Mr Silveſter Ratray. Mr Alexander Ireland. AUCHTERARDER. Mr James Burdoun. STIRLINE. Biſhop of Dumblane. Mr William Narne. Mr William Stirline. SANCT ANDREws. Archbiſhop of Sanét Andrews. Mr William Murray. Mr David Monipennie. Mr Simeon Durie, UNIVERSITIE. Mr Robert Howie. 1088 - THE BOOKE OF THE 1610. CoupeR. Mr James Martine. Mr John Caldcleugh. Mr Robert Buchanan. Mr Thomas Douglas. KIRKALDIE. Mr John Mitchelſon. Mr Alan Lawmonth. Mr William Murray. DUMFERMLINE. Mr James Stewart. Mr William Paton. Mr Andrew Forreſter. EDINBURGH. Mr John Hall. Mr Michael Cranſtoun. Mr Peter Hewat. LINLITHGow. Mr Robert Cornwal. Mr Robert Gilmour. Mr Alexander Keith. - Mr Thomas Peebles. DALKEITH. Mr Patrick Tournour. HADINGToUN. Mr James Carmichael. DUMBAR. Mr Edward Hepburne. Mr Thomas Hepburne. Mr John Lauder. - 1610. UNIVERSALL KIRK OF SCOTLAND. 1089 PEEBLEs. Mr James Logan. Mr Robert Levingſtoun. CHIRNSIDE. Mr John Clappertoun. DUNSE. KELso. Mr James Knox. Mr John Balfour. Mr Thomas Storie. GLASGow. Archbiſhop of Glaſgow. Mr John Bell of Glaſgow. Mr Patrick Sharpe. Mr Andrew Boyd. PAISLEY. Mr John Hay. Mr William Birſtoam. Mr Archibald Hamiltoun. Mr George Maxwel. DUMBART.on. Mr Walter Stewart. HAMILTOUN. Mr Thomas Muirhead. Mr David Sharp. Mr James Hamiltoun. Mr John Howiſon. 6 Y 1090 THE BOOKE OF THE 161 (). LANERK. Mr William Birnie. Mr Robert Wilkie. Mr John Lindſey. AIR. Mr Peter Prymroſe. Mr William Wallace. Mr John Makcorne. IRWING. Mr Alexander Scringeour. Mr Michael Wallace. DUMFREIs. Mr Thomas Ramſay. Mr Robert Henriſon. Mr Robert Huntar. Mr Simeon Johnſtoun. KIRKCUDBRIGHT. Biſhop of Galloway. Mr Robert Glendinning. Mr John Aikman. Mr James Donaldſon. Mr William Hamiltoun. WIGToUN. Mr James Adamſon. Mr George Kinnard. Mr John Watſon. ARGILE. Biſhop of Argyle. Mr Neil Campbell. Mr John Cameron. Mr John Makcallum. Mr Donald Makilrorie. Mr Nicol Makcalman. 1610. UNIVERSALL KIRK OF SCOTLAND. 1091 ISLEs. Biſhop of the Iſles. Mr Robert Stewart. Mr Patrick Stewart. OF BARoNEs. Drumlanrig. Minto. Glenurquhie younger. Balmaine. Wauchtoun. Gairntullie. Bombie. Duntreith. Northberwick. Mr Samuel Cockburne. Calderwood. Sir George Elpingſtoun Balnamoone. of Blytſwoode. OF BURRow Es. V. EDINBURGH. PERTH. Edwart Ker. Mungo Makcal. Gawin Dalyel. DUNDIE. - ABERDEEN. Mr William Ferguſon. , Alexander Rutherfurde. SANCT ANDREws. GLASGow. John Knox. James Forfeſt. Seſſio 1* 8 Junij. Exhortation being made by James Biſhop of Orknay, Moderator of the laſt Aſſembly, the Commiſſioners, after their accuſtomed manner, proceeded to the eleētion of the Moderator of this preſent Aſſembly. The leits being nominat, John Archbiſhop of Glaſgow, Mr Patrick Sharpe, Mr Patrick 1092 THE BOOKE OF THE 1610. Lindſey, and Mr John Mitchelſon; by plurality of votes John Archbiſhop of Glaſgow was choſen Moderator hac vice. Thereafter, according to the accuſtomed order, Aſſeſſors were choſen to conveen with the Moderator in the Privie Conference, for treating of ſuch things as are to be concluded in the Aſſembly: They are to ſay, the Kings Majeſties Commiſſioners, with the Biſhop of Orknay, the Biſhop of Cath- neſs, Mr William Paip, Mr George Monro, the Biſhop of Murray, Mr James Dundas, Mr Alexander Rauſon, the Biſhop of Aberdeen, Mr John Strauchan, Mr George Hay, the Biſhop of Brechen, Mr Patrick Lindſey, Mr Andrew Leitch, Mr Arthure Futhie, Mr James Martine, Mr David Monipennie, Mr Robert Howie, Mr John Mitchelſon, Mr William Mur- ray Parſon of Dyfert, the Biſhop of Dunkelden, Mr Archibald Moncreife, Mr William Couper, Mr Alexander Ireland, the Biſhop of Dumblane, Mr Peter Hewat, Mr John Hall, Mr Michael Cranſtoun, Mr Edward Hep- burne, Mr Robert Cornwall, Mr James Carmichael, Mr John Clapper- toun, Mr James Knox, Mr Thomas Storie, Mr William Birnie, Mr Thomas Muirheed, Mr Patrick Sharpe, Mr Andrew Boyd, Mr John Hay, Mr Alexander Scringeour, Mr Michael Wallace, the Biſhop of Galloway, Mr James Adamſon, Mr Thomas Ramſey, the Biſhop of Argile, the Biſhop of the Iſles, and Mr Neil Campbell. The hours appointed for meeting of the Privie Conference, are ſeven hours in the morning, and two hours afternoon; and for the Aſſembly, nine hours in the morning, and three hours afternoon. Commiſſioners appointed for reading and anſwering of the bills, are Mr Henrie Phillip, Mr John Reid, Mr Robert Buchanan, Mr Thomas Hepburne, Mr Walter Stewart, Mr Robert Henriſone, Mr Silveſter Ratray. Seſſio 2a, Eodem die. The which day the Earle of Dumbar, one of his Majeſties Commiſſioners, after he had made open declaration of his Majeſties good minde and zealous intention towards the eſtabliſhing of a good, ſolid and perfeót order in the diſcipline of the Kirk in this realme; in the which there were fundrie points, which his Majeſtie would have reformed; the reformation whereof doth moſt properly appertain to his Highneſs, in reſpect of his royal au- 1610. UNIVERSALL KIRK OF SCOTLAND. 1093 thoritie and duty, wherein his Majeſtie is bound to God Almighty to pro- vide, that the eſtate of the Kirk within his dominions ſhould be ſettled as well in Deſcipline, as in Dočtrine, according to the Word of God; to the effect that, the ſame being once ſolidly ſettled, the true Word of God may be purely and fincerely preached to his Highneſs ſubjećts; and the diſcipline of the Kirk, once wiſely and diſcreetly ſettled, may be inviolably obſerved in all tymes coming. Thereafter he produced his Majeſty's Letter directed to this preſent Aſſembly, whereof the tenor followeth. Right Reverend Fathers in God, Right truſtie and welbeloved Couſins, Counſellours, and others our truſtie and loving ſubjećts, as well Miniſters as Laity, preſently met and conveened in this Aſſembly, We greet you well. If the moſt ſharp cenſure were taken of every one his particular affection to the religion profeſſed, we might very juſtly boaſt, without oftentation, of our ever continued conſtancie, praiſed be God, notwithſtanding of both the allurements, as alſo the threatnings of the adverſarie, and of the miſbe- haviour, yea the pride, and often treaſonable contempts of ſome of our ſubjećts of the ſame profeſſion; ſo that none, unto whom either our by paſt life hath been known, or to whom our preſent actions are notour, but they without doubt will reſt fully perſuaded hereof; ſince we have now openly declared ourſelves to be the Principal Oppoſits on earth to the Antichriſtian enemie, againſt whom to our laſt breath, without reſpect of hazard, we do intend to maintain and defend the truth profeſſed. And as it hath pleaſed God in his mercie to appoint us to be the Nouriſh Father of his Church here on earth, within our dominions, ſo do we in- tend ever to be moſt careful for ſetting forward all ſuch things, which may advance his glory, and breed quietneſs and peace in the Church ; unto which nothing hath been ſo great an enemie as the want of order and government, without which no bodie or eſtate, either eccleſiaſtical or civil, can ſubfift. And howſoever the fingularitie of ſome did, for a certain ſpace, maintain, either by wilfulneſs or ignorance, a ſort of headleſs government; yet ere long it did kyth what inconvenience and harm might enſue to the Church, and advancement of the Goſpel, by any longer continuance there- of: which moved us, during our ſtay there in our own perſon, to take ſo great pains for finding remedie to this, which otherways had kithed ſo in- curable a canker, being permitted to have had any farther progreſſe : And, therefore, at that time willing to do things rather by conſent, than 1094 THE BOOKE OF THE 1610. abſolutely out of our royal power and authoritie, (which alſo is very law- ful, and granted to us by God himſelf) we thereupon not only aſfifted and countenanced ſundrie Aſſemblies of that Church by our own preſence; but have cauſed others be conveened ſince our departure from thence, having to our great coſt and charges procured alſo maintenance, ſufficient in ſome reaſonable fort, for the Fathers of the Church ; and have direéted order to be taken for the plantation of Churches void : as likewiſe, in ſo far as the eccleſiaſtick juriſdićtion by ſecular perſons was incroched upon, we have put alſo remedie thereto : So as we did fully hope, that before this time, the Church thereupon, apprehending and perceiving errours paſt, in ſuffer- ing that anarchie amongſt them to keep ſo long continuance, ſhould have reſolved and concluded, and there with have become ſuiters and ſoliciters unto us, for eſtabliſhing of that government and rule, which is moſt fit and allowed of, in former times in the Primitive Church : ſo that things ſhould not be left ſtill in uncertainty, by reaſon of the diviſion and diſtraćtion of minds among yourſelves, by which, to your own knowledge, both the com- mon enemie hath increaſed, and finne and wickedneſs remain unpuniſhed. But whether the default be in the Fathers of the Church, their unwillingneſs, or unworthineſs, to do and perform what in dutie belongeth unto them ; or in the factious fingularitie of others of the meaner rank, (who do per- haps preſume of their greater credit by keeping things in confuſion :) and we not being fully acquainted with the true cauſe, and yet in our dutie to our God, as being his Lieutenant here, holding ourſelves juſtly bound not to ſuffer this fort of lingering, in a matter of ſuch moment, have thereupon thought expedient to call this preſent Aſſembly, not ſo much for neceſſitie as that any thing is to be moved, whereunto your conſent is much requiſit ; but that our true affection to Gods glory, and advancement thereof, and to the peace and well of the Church, being declared and manifefied, you may try the more inexcuſable, for not urging that good to the Church, which we do intend for it without your conſents, if we finde a ſlow concurrence upon your part; and yet hoping, that your forwardneſs will remove all opinion, which may be conceived either of unwillingneſs, or oppoſitions to our ſo godly intentions: and having referred the particular imparting of our farther pleaſure and minde herein, to our right truſtie and right wel- beloved Couſine and Counſellour, the Earle of Dumbar, and the right reverend Father our right truſtie Counſellour, the Archbiſhop of Sanét Andrews, (both of whom we have direéted as our Commiſſioners to this 1610. UNIVERSALL KIRK OF SCOTLAND. 1095 preſent Affembly, and whom we will you credit and truſt,) and intending upon their reports to take ſpecial notice of every ones affection, and for- wardneſs in this ſervice, and thereupon to acknowledge and remember them hereafter, as any fit occaſion for their good ſhall occurre: We commit you and your ačtions, with the good ſucceſſe of the buſineſs, to Gods good guiding ; and bid all of you right heartily farewel. From our Court at Thetfurde, the eight of May, 1610. After the reading of which his Majeſties letter, the Aſſembly thought it moſt expedient, that the brethren, appointed to be on the Privie Confe- rence, ſhould conveen the next day in the morning, and privatly among themſelves after reaſoning adviſe upon ſuch heads of the Diſcipline of the Kirk, as they ſhould think to have need to be reformed, for giving his Ma- jeſty ſatiſfaction in that point. Seſſio 3* 9 Junij, poſt meridiem. The which day, the whole Aſſembly being conveened, the brethren ap- pointed for the Privie Conference, by the mouth of the Moderator, declared that after long deliberation they had agreed upon certain heads concerning the ſpecial points of Diſcipline, within the Church of this realme, for ſatiſ. faétion of his Majeſties will, contained in his Highneſs letter, which was thought expedient to be read openly to the whole Aſſembly, whereof the tenor followeth. C.] Followes the Heids and Articles concerning the Diſcipline of the Kirk, to be obſervit in all tyme comeing. In the firſt, It is declairit that the alledgit Aſſemblie haldin at Aberdein, is null in the felfe, ſpeciallie in reſpect it had not his Majeſties allowance, and was diſchargit be his Commiſſioner. And becauſe the neceſſitie of the Kirk craves, that for ordour taking with the commoun enemy, and vther affaires of the Kirk, ther falbe geirlie Generall Aſſemblies, the indićtioun quherof the Afſembly acknowledges to appertaine to his Majeſtie be the prerogative of his royall crowne; and, therefore, the Generall Aſſemblie moſt humblie requeiſts his Majeſtie, that 1096 THE BOOKE OF THE 1610. General Aſſemblies be haldin once in the geir ; or at leiſt, in reſpect of the neceſſities foreſaid, that his Majeſtie wald appoint a certaine tyme, at the quhilk the ſamein ſalbe haldin in all tyme comeing. Item, It is thought expedient, that the Biſchops ſalbe Moderatours in every Dioceſian Synod, and the Synods falbe haldin twyſe in the geir of the Kirks of every Dyocie, viz. in Apryle and October. And quher the Dyocies are large, that ther be two or thrie Synods in convenient places, for the eaſe of the Miniſtrie. Item, That no ſentence of excommunicatioun, or abſolutioun therfra, be pronouncit againſt or in favours of any perſon, without the knowledge and approbation of the Biſchop of the Dyocie, quho muſt be anſuerable to his Majeſtie for all formall and vnpartial proceidings therin ; and the proces being found formall, the ſentence to be pronouncit at the directioun of the Biſchop, be the Miniſter of the paroch quher the offender dwells, and thair proces began. And in cace the Biſchop falbe found to have ſtayit the pronouncing of the ſentence againſt any perſon that hes merit the ſame, and againſt quhom the proces hes bein laufullie deduceit, the ſamein being tryit, and he con- vićt in the Generall Aſſemblie therfor, that advertiſement ſalbe made to his Majeſtie, to the effect ane viher may be placit in his rowme. Item, That all preſentatiouns be direct heirafter to the Biſchop ; and vpon any preſentatioun givin, or vtherwayes fute made be any to be ad- mittit to the Miniſtrie, the Biſchop is to requyre the Miniſters of theſe bounds quher he is to ſerve, to certifie by thair teſtificat vnto him of the partie ſuter his converſatioun paſt, and abilitie, and qualificatioun for the funétioun : and vpon the returne of thair teſtificat, the Biſchop is to take farther tryall; and finding him qualified, and being affifted be ſuch of the Miniſtrie of the bounds quher he is to ſerve, as he will aſſume to himſelfe, he is then to perfyte the haill ačt of ordinatioun. Item, In depoſitioun of Miniſters, the Biſchop aſſociating to himſelfe the Miniſtrie of theſe bounds quher the delinquent ſerved, he is then to take tryall of his fault, and, vpon juſt cauſe found, to depryve him. Item, That everie Miniſter, in his admiſſioun, fall ſweare obedience to his Majeſtie, and his Ordinar, according to the forme ſett downe in the Conference keipit in the geir of God 1571 geirs, quherof the tenour followis. 1601. UNIVERSALL KIRK OF SCOTLAND. 1097 The Forme of the Oath to be given be the Perſon provydit to any benefice with cure, the tyme of his Admiſſioun be the Ordinar. I, A. B. now nominat and admittit to the C. of D. vtterlie teſtifies and declares on my conſcience, that the right excellent, right high, and mightie Prince, James the ſixt, be the grace of God, King of Scotts, is the only lawfull ſupreame governour of this realme, aſweill in things temporall as in conſervatioun and purgatioun of the Religioun ; and that no forraine Prince, Prelate, State, nor Potentat hes or aught to have any juriſdićtioun, power, ſuperioritie, preheminence or authoritie, eccleſiaſticall and ſpirituall, within this realme : And, therfor, I vtterly renunce all forraine juriſdićtiouns, powers, ſuperiorities, and authorities; and from this furth promiſes, I ſhall and will beare faith and true alledgeance to his Hienes, his aires, and lau- full ſucceſſours; and to my power fall aſſiſt and defend all juriſdićtiouns, priveledges, preheminencies, and authorities granted and belongand to his Hienes, his aires, and laufull ſucceſſours, or vnited and annexit to his Royall Crown : And farther, I acknowledge and confeſſe to have and hald the ſaids poſſeſſiouns of the ſamein, vnder God, only of his Majeſtie and Crowne Royall of this realme : and for the ſaids poſſeſſiouns I doe homage preſentlie to his Hienes in your preſence; and to his Majeſtie, his aires, and laufull ſucceſſours, ſalbe faithfull and trew. Swa help me God. Item, The viſitatioun of ilk dyocie is to be done be the Biſchop himſelfe: and if the bounds falbe greater then he can overtake, he is then to make ſpeciall choiſe, and to appoint ſome worthie man to be viſitour in his place: And quhatever Miniſter, without juſt cauſe and laufull excuſe made, fall abſent himſelfe from the viſitation of the Dioceſan Aſſembly, he ſalbe ſuſ. pendit from his office and benefice, and, if he amend not, he ſalbe deprivit. Item, Exerciſe of doćtrine is to be continowit weeklie among the Min- iſters at the times of thair accuſtomit meetings, and to be moderatit be the Biſhop if he be preſent; or then be any vther quhom he fall appoint at the tyme of the Synod. Item, The Biſhops ſalbe ſubie&t, in all things concerning thair lyfe, con- verſatioun, office, and benefice, to the cenſures of the Generall Aſſemblie; and being found culpable, with his Majeſties advyce and conſent, to be deprivit. 6 z 1098 THE BOOKE OF THE 1610. Item, That no Biſchop be eleētit but quho hes paſt the age of fourtie geirs compleit, and quho at the leiſt hes bein ane aétuall teaching Miniſter for the ſpace of ten geirs. Quhilks haill Articles being diverſe tymes red publicklie in the face of the haill Aſſemblie conveinit, after votting, the ſamein was ratified, ap- provin, and concludit be the haill Aſſemblie, and ordainit to be obſervit in all time comeing. - [Seſſio 4a. 11 Junij, ante meridiem. The ſaid day, the Earle of Dumbar, one of his Majeſties Commiſſioners, being preſently of intention, to have cauſed inſtantly diſcharge all Preſby- teriall meetings by open Proclamation at Mercat Croſſe of Glaſgow; and that becauſe he had received a ſpecial warrant and command from his Ma- jeſtie to that effect, which he on no wayes would nor durſt diſobey; the whole Aſſembly moſt earneſtly interceed with his Lordſhip, that it might pleaſe his Lordſhip to continue the making of the ſaid Proclamation, and diſcharge of the Preſbyteries contained in the ſaid Letter, for a certain ſpace; that, in the meane time, his Majeſtie might be certiorat of the pro- ceedings of this preſent Aſſembly, which they doubted not would give his Majeſtie full ſatiſfaction in that part ; unto the which requeſt, thoſe of the Nobilitie, being preſently conveened by his Majeſties direction in the ſaid Aſſembly, did concurre, and interpon their requeſt to that ſame effect : whereunto the ſaid Earle of Dumbar having acquieſced upon ſpeciall offer made by the Noblemen conveened, that they would interceed at his Ma- jeſties hands, that he ſhould be blameleſs for the ſaid delay; for the which the Aſſembly did giue his Lordſhip moſt heartie thanks: And, therefore, ordained a Letter to be directed, in name of the whole Aſſembly, contain- ing a moſt humble Supplication, that it might pleaſe his Majeſtie of his gracious favour to accept of the proceedings of this preſent Aſſembly, in the matter of the Diſcipline of the Kirk, whereunto they had condeſcended for ſatiſfaction of his Majeſties good will, contained in his Highneſs Letter; and in reſpect thereof, that it might ſtand with his Majeſties good pleaſure and will to ſuperſeed all further diſcharge of the ſaid Preſbyteries. Anent the Supplication given in name of George Marqueſs of Huntlie, &c., bearing in effect, that after long conference and reaſoning had in the 1610. UNIVERSALL KIRK OF SCOTLAND. 1099 controverted heeds of Religion, betwixt his Lordſhip and certain of the Miniſtery deputed to that effect, he was fully reſolved in all doubts and difficulties that might ariſe therein, or trouble him in any ſort; in token whereof, he hath ſubſcribed the Heeds and Articles of the Religion pre- fently profeſſed within this realme; which were preſented with the ſaid Supplication: And, therefore, deſiring that a commiſſion may be directed from this preſent Aſſembly, giving power to ſuch Commiſſionersas they ſhould appoint, to abſolve him from the ſentence of Excommunication, in reſpect of his ſatiſfaction foreſaid ; as at more length is contained in the ſaid Supplication. Therefore, the Earle of Dumbar, his Majeſties Com- miſſioner, having declared, in his Majeſties name, his Highneſs minde anent the abſolution of the Marqueſs of Huntlie from the ſentence of Ex- communication; and in ſpecial, that it ſhould be tried if his Lordſhip was fully, in heart and conſcience, reſolved and ſatiſfied in the heeds of Re- ligion, as he had ſubſcribed the ſame with his hand, to the intent that there- after he might be abſolved from the ſaid ſentence of Excommunication. The General Aſſembly, being ripely adviſed with the ſaid Supplication, and his Majeſties minde declared by his Highneſs Commiſſioner thereament, Giveth, granteth, and committeth their full Commiſſion to the perſons after ſpecified, the Archbiſhops of Sanét Andrews and Glaſgow, the Biſhops of Orknay, Galloway, Brechen, Mr John Hall, Mr Patrick Simpſone, Mr William Couper, Mr Patrick Sharpe, and Mr Andrew Leitch; with power to them to paſſe with his Majeſties Commiſſioners, and the Earles of Mon- troſe, Glencarne, Cathneſs, Linlithgow, Kinghorne, Wigtoun, and Lothian, to the Caſtle of Stirline, where the ſaid Marqueſs is preſently confined, and there to try the ſaid. Marqueſs his intention and reſolution, in the Heeds and Articles of the Religion; and if he be fully ſatiſfied thereanent in his heart and conſcience, as he hath outwardly profeſſed the ſame, ſubſcribed with his hand; and in caſe they find him fully reſolved, and of inward in- tention to give full ſatiſfaction in all the points and heeds of Religion con- troverted; and to avow, and conſtantly to confeſſe and profeſſe the true Religion, that is preſently profeſſed publickly within this realme : In that caſe, they give full power and commiſſion to the ſaid brethren, with Mr John Hay, Mr John Mitchel, Mr Robert Cornwall, and Mr Patrick Lind- ſey, or any nine of them, (the Archbiſhops of Sanét Andrews and Glaſgow being alwayes two,) to abſolve him from the proceſſe and ſentence of Ex- communication. 1 100 THE BOOKE OF THE 1610, Item, It was humbly regrated in the Aſſembly, that notwithſtanding of many lovable ačts and conſtitutions, as well Eccleſiaſtical as Civil, alreadie made and enaëted for repreſſing the diſorder and inſolence of profeſſed and excommunicat Papiſts; yet nevertheleſſe they doe ſtill remain in their for- mer obſtinacie and diſobedience; proceeding doubtlefſe upon the impunitie which they do enjoy, and overfight whereby they are ſuffered to have free paſſage and acceſſe in all parts of the countrey, as if they were not excom- municat: For remedie whereof, it is ordained, that every one of the Commiſſioners preſent give in roll to the Clerk of the Aſſembly all the perſons that are excommunicat within their bounds; that the ſame being preſented by him to my Lord Commiſſioner, his Lordſhip may cauſe the Secret Councel take order with them, according to the lawes of the countrey. And becauſe it is not unknown to the Kings Majeſtie, what treaſonable pračtices and attempts are, from time to time, deviſed againſt his Majeſtie and his Royal Eſtate by the Papiſts, and profeſſed enemies to the truth : Therefore, the Aſſembly hath thought good, that a Supplication ſhould be directed to his Majeſtie, in name of the whole Aſſembly, to put his Majeſtie in remembrance of his own eſtate and danger, whereunto his Majeſtie is ſubjećt through the cruel and craftie treaſon daily forged and contrived againſt his ſtate and perſon, by the Papiſts, Jeſuits, and Seminarie Prieſts, enemies to God and the true Religion, and to his Majeſtie, becauſe his Highneſs is a ſpecial maintainer of the ſame againſt their falſe and errone- ous doćtrines; that, therefore, it would pleaſe his Majeſtie to have ſuch regard to his own eſtate, and preſervation of his moſt ſacred perſon from their bloudie devices, that by debarring of them and their favourers from his Majeſties preſence, his Majeſtie, by the grace and protećtion of God Almighty, may be preſerved in ſafety, to the advancement of the glory of God, eſtabliſhing of the true peace of the Kirk within his Majeſties do- minions, and comfort and tranquilitie of his Highneſs ſubjećts, whoſe wealth and proſperitie in this earth, under God, they acknowledge to con- fift in his Majeſties preſervation. Seffio 5* 11 Junij, poſt meridiem. C.] Forſameikle as in this preſent Aſſemblie it is alreadie ſtatute, that the 1610. UNIVERSALL KIRK OF SCOTLAND. 1101 Exerciſes falbe moderatit be the Biſhops in the meitings of the Miniſtrie, if they be preſent, or then be any vther quhom they fall appoint at the tyme of the Synod: and becauſe the nixt Synod is not to be haldin befor the moneth of Oétober nixt to come ; therefor, it is ordainit, that in abſence of the Biſchop, the conſtant Moderatours fall remaine in thair awin places quhill the nixt Synod be halden in Oétober. Item, Becauſe it is vncivill that laws and conſtitutiouns, either Civill or Eccleſiaſticall, being anes eſtabliſchit and in force, by publick and opin con- ſent, ſould be controllit and callit in queſtioun by any perſon : therfor, it is ſtatute by vniforme conſent of this haill Aſſemblie, that none of the Miniſtrie either in pulpitt in his preaching, or in the publick exerciſe, ſpeake and reaſon againſt the aëts of this preſent Aſſemblie, nor diſſobey the ſame, vnder the paine of deprivatioun, being tryit and convićt therof; and ſpe- ciallie, that the queſtioun of equalitie and inequalitie in the Kirk, be not treattit in pulpitt vnder the ſaid paine; and that every ane of the Com- miſſioners preſent intimat this ačt in the firſt meeting of thair exerciſes. [Item, It is ſtatute and ordained by the whole Aſſemblie, that the cele- bration and ſolemnization of the holy band of matrimonie, be refuſed to no Chriſtians within this realme, neither upon Sunday, nor upon any other day, when the famine ſhall be required : and ordaineth that the ſame be performed with all chriſtian modeſtie, and without all diſorder. Item, Becauſe through fundrie parts within this realme, as well in the highlands and borders, as in the mid countrey and beſt inhabited and peopled land, there be many Kirks lying deſtitute of a Paſtor and preach- ing of the Word, to the great diſcomfort of the people, whoſe foules are thereby fruſtrated of the ordinarie food of the Word of God, which pro- ceeds for the moſt part of the laick patronages, and erection of ſpiritual benefices in temporal livings; which erections are either not accepted by the purchaſers thereof, but left in ſuſpenſe at the ſeales, without any provi- fion made to the Miniſters of the Kirks of the benefice : or if they be ac- cepted, either the proviſion, appointed for the Miniſter, is ſo mean, that it is altogether unable to intertain an honeſt man in his calling ; or elſe the Miniſter is altogether ſecluded from uplifting that portion allotted to him by pariſhioners, addebted in payment thereof, and is compelled to await for the ſame from the erected Lord his chamberlain, or his garner, and ſo in a manner getteth none, or at the leaſt ſmall payment of the ſame : For 1102 THE BOOKE OF THE 1610. remeed whereof it is thought expedient, that the brethren after ſpecified, viz. the Archbiſhops of Sanét Andrews and Glaſgow, the Biſhops of Ork- may, Galloway, and Cathneſs, with John Clappertoun, Mr John Hall and Mr Robert Buchanan, ſhall conveen at Edinburgh, the 20 day of June inſtant, and form a Supplication to be direct to his Majeſtie for planting of all the Kirks that are unplanted within this realme, whatſoever rank or qualitie the ſame be of, and that the ſame be direét to his Majeſtie by the Archbiſhop of . . . . . . the Biſhop of Brechen, Mr John Hall and Mr William Couper, whom the Aſſembly hath appointed their lawful Commiſſioners, to preſent in all reverence to his Majeſtie the humble petitions and ſupplications direct to his Highneſs from this preſent Aſſembly. C.] Extraćtit furth of the Regiſter of the A&ts of the Generall Aſſemblie be Mr Thomas Nicolſome, Commiſſar of Aberdeen, Clark, Keiper, and Extra6ter therof. [Proclamation be the King, ratifying the Aſſembly at Glaſgow 1610. James, be the grace of God, King of Great Britane, France, and Ire- land, Defender of the Faith, To our lovits, &c., Meſſingers, our Sheriffs in that part, conjunétly and feveraly, ſpecialy conſtitut, greeting. For as much as there be none who are ignorant of the great harmony and uniformity of minds among the Nobility, the Fathers of the Church, and a number of the moſt learned and beſt affected of the Miniſtrie, at their late meeting and General Aſſembly of the Church of this our kingdom, conveened in our City of Glaſgow, and ſince with the general applauſe of all them who were then mett together, there were diverſe and fundry moſt worthy ordinances and conſtitutions then eſtabliſhed and concluded for the weale of the Church, and preſervation of good order, rule, peace and tranquillity within the ſame : and we, by our ſpeciall Letter direéted to the Lords of the Privy Confil, having expreſſly willed and commanded them, upon the ending of the ſaid Aſſembly, for the more authorizing of the concluſions of the ſame, to command all our ſubjećts of whatſomever ſort, condition, or function, that they doe obtemper, obey, and not contradićt, oppone or impugne any article, point or head of theſe concluſions: And in regard that, by ſpecial 1610. |UNIVERSALL KIRK OF SCOTLAND. 1108 aćt concluded in the ſaid Aſſembly, all Miniſters and Preachers whatſom- ever are expreſſly prohibited and forbiden, either in privat or in publick, to ſpeak againſt or impugne any of the concluſions made at that meeting, under the pain of deprivation : Therfor, the ſaid Lords of the Privy Counſel have ordained, and ordain thir our Letters to be direct in manner and to the effect following, as an act made thereupon bears. Our will is herefor, and we charge you ſtraitly and command, that incontinent thir our Letters ſeen ye paſs to the Mercat Croſs of our Burgh of Edinburgh, and all other places needfull, and there be open proclamation, in our name and authority, that ye command and charge, and inhibit all our ſubjećts what- ſomever; and in ſpecial, all teaching and preaching Miniſters, and le&tur- ing Readers, within this our kingdom, that none of them preſume or take upon hand, either in their ſermons publickly, or in their privat conferences, to impugn, deprave, contradićt, condemn, or utter their diſſalowance and diſlyke in any point or article of theſe moſt grave and wife concluſions of that Aſſembly endit with ſuch harmonie, as they will anſwer to the contrary at their higheſt perrill and charge ; and that you command all our Shireſts, Stewarts, Bailiffes and their Deputs, all Proveſts and Bailies of our bur- rowes, and all other our officers and magiſtrats whatſomever within our ſaid kingdom, that if they doe hear or underſtand of any breach of this preſent command, by any Preacher, Miniſter, or le&turing Reader, or other ſubjećt whatſomever, that they faill not preſently to committ the treſpaſſer in this kind in ſome priſon or ward, untill ſuch time as they hav- ing advertiſed the ſaids Lords of our Privy Counſel of the ſame, they ſhall have their anſwer returned, what farther ſhall be done by them : and where any magiſtrat ſhall be found and tryed to have been unwilling, remiſs or ſlouthfull in the execution of this preſent direétion, It is hereby declared, that their negligence and connivence at any ſuch fault ſhall make them as culpable hereof as the principal offender ; and they ſhall be accordingly with all rigour and ſeverity puniſhed. And herewith that ye command all others our ſubjećts of whatſomever quality, bearing no office or charge of magiſtracy, and ſo wanting power to apprehend and committ the delinquent, that upon their hearing of any one tranſgreſſing the preſent command and proclamation, that they doe certify the next magiſtrat or ſome one of our Privy Counſell of the ſame; otherways they ſhall be reputed, holden and accounted guilty of the ſame offence, and ſhall be puniſhed as principal tranſgreſſors in this kind. The which to doe, we committ to you, conjunctly 1 104 THE BOOKE OF THE 1612. and ſeverally our full power be thir our Letters, delivering them be you duely executed and indorſed again to the bearer. Given under our Signet, at Edinburgh, the 19 day of June, and of our reign the eight, and fourty thrie years, 1610. Per ačtum Secreti Conſilij, &c. C.] A.D. M.DCXII. A Ratificatioun, be Aét of Parliament haldin at Edinburgh, 1612 geirs, of the Aéts and Concluſiouns ſett down and aggreitt vpon in the Generall Aſſemblie haldin at Glaſgow, in the moneth of June 1610 : Together with ane explanatioun made by the Eſtates, of ſome of the Articles of the ſame. º Forſameikle as in the Parliament haldin at Edinburgh, in the geir of God 1597, the Eſtates of this kingdom remittit to his Majeſtie to conſult and aggrie with the Generall Aſſemblie of the Kirk, vpon the authoritie and power quhilk the Archbiſchops and Biſchops ſould have in the policie and diſcipline of the Kirk: Wheranent after that his Majeſtie and his Com- miſſioners many tymes had moſt ſeriouſly conferrit and advyfit with the Miniſtrie : At laſt concluſioun was takin in the Generall Aſſemblie haldin at Glaſgow, in the moneth of Junij, 1610 geirs, determining all the doubt- full and contravertit points concerning the juriſdićtioun, policie, and diſci- pline forſaid, with full and vniforme conſent of a very frequent number of godly Miniſters, aſſiſtit be the counſell and concurrence of a great many of the beſt affectit Nobilitie, Barrones, and Commiſſioners of Burrowes of this kingdom, in maner, ſubſtance, and effect following : with the explana- tioun maid be the Eſtates of Parliament preſentlie conveinit, of ſome of theſe articles reſolvit vpon in the foirſaid Affemblie of Glaſgow. In the firſt, the foreſaid Aſſemblie acknowledgeth the indićtioun of the Generall Aſſemblie of the Kirk to appertaine to his Majeſtie, by the pre- rogative of his Royal Crowne. And farther ordaines, that the Biſchops ſalbe Moderatours in every Dio- cefian Synod. And the Synod fall hald twyſe in the geir of the Kirks of every Dyocie, viz. in Apryle and Oétober : and quher the Diocies are 1612. UNIVERSALL KIRK OF SCOTLAND. 1105 large, that ther be twa or thrie Synods in convenient places, for eaſe of the Miniſtrie: And in cace the Biſchop of the Dyocie be abſent vpon any neceſſar occaſioun, in that cace his place ſalbe ſupplied be ſuch ane worthie Miniſter, bearing charge within the bounds, as the Archbiſchop or Biſchop ſall appoint. That no ſentence of excommunicatioun or abſolutioun thereof be pro- nouncit againſt or in favours of any perſon, without the knowledge and ap- probatioun of the Biſchop of the Dyocie, quho muſt be anſuerable to God and to his Majeſtie for all formall and vnpartiall proceiding therein: And the proces being found formall, the ſentence to be pronouncit at the direc- tioun of the Biſchop, be the Miniſter of the paroch quher the offender dwells, and the proces began. That all preſentatiouns to benefices be direétit heirafter to the Archbiſ. chop or Biſchop of the Dyocie, within the which the benefice vacand be dimiffioun, deprivatioun, deceis, or vtherwayes, lyeth : with power elſe to the Archbiſchop or Biſchop to diſpone and conferre ſuch benefices as falls in his Dyocie, jure devoluto: Provyding alwayes, in caice any Archbiſchop or Biſhop ſould refuſe to admitt any qualified Miniſter, (accepting the preſen- tatioun grantit to him, and who hath bene once receivit and admitted to the funètioun of the miniſtrie, being then ſtill vndepryvit,) preſentit to them be the patrone, in the caice of any ſuch refuſe, It ſalbe laufull to the patrone to reteine the whole fruites of the ſaid benefice in his awin handis. And either he, or the paroch wanting a Paſtour, be reaſon of the not planting of the Kirk, (in caice the refuſall therof come be the Biſchop,) may com- plaine therof to his Archbiſchop; and if either the Archbiſchop be the refuſer, or els give not due redreſſe being complained vnto : in that caſe the Lords of his Majeſties Privie Counſell, vpon the parties complaint of the refuſe, and no ſufficient reaſon being givin for the ſame, fall dire&t letters of horneing, chargeing the Ordinarie to doe his duetie in the receiving and admitting of ſuch a perſon as the ſaid patrone hath preſentit. It is al- wayes declarit, that if any Archbiſchop or Biſchop fall deprehend any ſuch perſon as is preſentit to him, to have come within compaſſe of a fimoniacall paćtioun with the patrone, in ſo farr as he hath either alreadie hurt, or pro- miſed or bound himſelfe to prejudge and hurt the eſtate of his benefice in not reſerving a ſufficient mainteinance for him and his ſucceſſours, anſuer- able to the eſtate of his benefice; and that the Biſchop or Archbiſchop fall vnderſtand the ſame, either be the parties oath, or vther cleir pruif and 7 A 1106 THE BOOKE OF THE 1612. evidence: in that cace they may laufullie refuſe any ſuch perſon preſentit to them. But if the partie who is preſented, hath reſervit to himſelfe and his ſucceſſours a ſufficient manteinance, the ſetting of tacks, or promiſe to doe the ſame, or doing of any thing els to his patrone, (being not preju- diciall to that aforſaid manteinance,) fall no wayes be aſcryvit to any fimoniacall pačtioun, nor fall not ſerve for any reaſon to the Archbiſchop or Biſchop to refuſe him. And in cace any ſuch contraverfie or queſtion ſall occure betuixt the patrone, the perſon preſentit, and the Archbiſchop or Biſchop, It is declarit, that the Lords of Counſell and Seſſioun ſalbe Judges thervnto, to decyde vpon the ſaid ſymoniacall paćtioun, and qualitie of the ſame, if any ſuch thing falbe objećtit againſt the partie preſentit. In depoſitioun of Miniſters, the Biſchop aſſociating to himſelfe the Mi- niſtrie of theſe bounds quher the delinquent ſerved, he is ther to take tryall of the fact, and vpon juſt cauſes found, to depryve : And the lyke ordour to be obſervit in ſuſpenſioun of Miniſters from the exerciſe of the funètioun. That every Miniſter in his admiſſioun fall ſweare obedience to his Ma- jeſtie, and to his Ordinar, according to this forme following: I A. B. now nominat and admittit to the kirk of D. teſtifie and declare in my con- ſcience, that the right excellent, right high and mightie Prince, James the Sext, be the grace of God, King of Scotland, Ingland, France, and Ireland, Defender of the Faith, &c. is the onlie laufull ſupreame governor of this realme, aſweill in matters ſpirituall and eccleſiaſticall as in things tem- porall: And that no foraine Prince, State, nor Potentate, hes nor aught to have any juriſdićtioun, power, ſuperioritie, preheminencie, or authoritie eccleſiaſticall or ſpirituall within this realme. And therfor, I vtterlie re- nounce and forſake all forraine juriſdićtioun, power, ſuperiorities, and authorities; and promiſes, that from this furth I fall and will beare faith and true alledgance to his Hienes, his aires, and laufull ſucceſſours; [and to my power ſhall aſſiſt and defend all juriſdićtions, priviledges, preemin- ences, and authorities granted and belonging to his Highneſs, his heirs, and lawfull ſucceſſors, or vnited and annexit to his Royall Crowne. And further, I acknowledge and confeſſe to have and to hold the ſaid D. and poſſeſſioun of the ſame, vnder God, of his Majeſtie, and his Crowne Royall of this realme : and for the ſaids poſſeſſiouns I doe homage pre- ſentlie to his Hienes in gour preſence: and to his Majeſtie, his aires, and laufull ſucceſſours, ſalbe true. So help me God. And als that every 1612. UNIVERSALL KIRK OF SCOTLAND. 1107 Miniſter in his admiſſioun fall ſweare obedience to his Ordinar, according to this forme following : I.A. B. now admittit to the Kirk of C. promiſes and ſweares to E. F. Biſchop of that Dyocie obedience, and to his ſucceſ. iſors in all laufull things. So help me God. And if the ſaid benefice be at the preſentatioun of ane laik patrone, the perſon preſentit fall give his aith as followes : I G. H. now admittit to the forſaid benefice, teſtifie and declare in my conſcience, that the right excel- lent, right high and mightie Prince, James the Sext, be the grace of God, King of Scotland, Ingland, France, and Ireland, Defender of the Faith, &c. is the onlie laufull ſupreme Governor of this realme, as weill in matters ſpirituall and eccleſiaſticall as in things temporall ; and that no forraine Prince, State, nor Potentate, hes nor aught to have any juriſdićtioun, power, ſuperioritie, preheminence, nor authoritie eccleſiaſticall or ſpirituall within this realme. And therfor, Ivtterlie renounce and forſake all for- raine juriſdićtioun, power, ſuperiorities, and authorities; and promiſes, that from this furth I fall and will beare faith and true alledgance to his Hienes, his aires, and laufull ſucceſſours; and to my power ſhall aſſiſt and defend all juriſdićtions, privilidges, preeminencies, and authorities granted and belonging to his Hienes, his aires, or laufull ſucceflours, or vnited and an- nexit to his Royal Crowne. And I doe acknowledge and confeſſe to have and hald the ſaid benefice and poſſeſſiouns of the ſame, vnder God, be his Majeſtie, of E. F. laufull patron of the ſame. - That the viſitatioun of ilk Dyocie be done be the Biſchop himſelfe; and if the bounds be greater than he can overtake, that then he make ſpeciall choiſe of ſome worthie man of the Miniſtrie of the Dyocie, to viſite in his place : And quhatever Miniſter, without juſt cauſe and laufull excuſe made, fall abſent himſelfe from the viſitatioun, or the Dioceſian Aſſemblie, he falbe ſuſpendit from his office and benefice; and if he amend not, he falbe depryvit. - That the Conventiouns of Miniſters for Exerceiſe ſalbe moderatit be the Biſchop being preſent; and in his abſence, be any vther Miniſter quhom he fall appoint at the Synod. Quhilks aćts, ordinances, declaratiouns, and determinatiouns above wrytin, his Majeſtie finding to be verie aggrieable to the true religioun profeſt within this kingdome, and to the godly and decent governement of the Kirk, Miniſtrie, and whole members therof: Therfor his Hienes, with advyce and conſent of the Eſtates of Parliament, ratifies, approves, and con- 1 1 08 THE BOOKE OF THE 1615. firmes all and fundrie the premyſſes; and ordaines them and every ane of them to be obeyit and obſervit, be all his Hienes ſubie&ts, as inviolable lawes in all tyme comeing. Annulling and reſcinding the 114 ačt of his Majeſties Parliament, haldin in anno 1592, and all and quhatſomever ačts of Parliament, laws, ordinances, conſtitutiouns, ſentences, and cuſtomes, in fo farre as they or any of them, or any part of the ſame, are contrair or derogatorie to any of the articles above wrytin, als effentially and effectu- allie in all reſpects as if the ſaids aćts and conſuetudes heirby abrogat were at lenth heirin expreſfit. A.D. MD.CXV. [The Courts of High Commiſſion united in December, in forme and manner following. Our Soveraigme Lord ordaineth a Letter to be made under his Highneſs great Seal, in due form, making mention, that forſameikle as it hath been heavily complained to his Majeſtie, in the behalf of the Miniſtrie of the Kingdom of Scotland, of the frequent Advocations, made by the Lords of Councel of the ſame Kingdom, againſt ſuch as are either erroneous in re- ligion, or ſcandalous in life; whereby they are not only diſcouraged from cenſuring of vice, but the offenders ſo much the more emboldened to con- tinue in their wickedneſs, uſing theirAdvocation as a mean and delay, both to diſappoint trial and puniſhment, knowing that many of the Mini- ſtry, in regard of the meanneſs of their proviſion, are unable to attend, and proſecute the diet of ſuch proceſſe ; the matter contraveened being alſo im- proper to the Councel to cognoſce upon. For eſchewing of the which incon- veniences, and that the number of true Profeſſors may be known to in- creaſe, the Antichriſtian enemie and his grouth ſuppreſſed, all kind of vice and ſcandalous life puniſhed, and that no cover of iniquitie, nor delay of trial and puniſhment of the offender be left, by this ſubterfuge of diſcharg- ing the Eccleſiaſtical cenſure to proceed in things ſo meer proper for them, or being otherwiſe of a mixt nature, in regard of the danger and ſequel of law by reaſon of the offence committed; which in this caſe can no wayes be ſo well ſupplied, as by the particular choife of ſome of the Nobilitie, 1615. UNIVERSALL KIRK OF SCOTLAND. 1 109 Clergie, other Laicks and Miniſters, being well affected in religion, zealous in the cauſe of God, and deſirous to have all vice and finne puniſhed, and the increaſe and grouth of the enemie ſtayed : And becauſe the citation of the foreſaid perſons is oftentimes protraćted or delayed by abſence of any of our two Archbiſhops of Scotland, either by fickneſs, or for other rea- ſonable cauſes; ſo that by the abſence of our Archbiſhop of Sanét An- drews, the ſcandalous perſons, within the Province and Diocie of Sanét Andrews, cannot be cited to compear before our Archbiſhop of Sanét An- drews as their Ordinar: And by the abſence of our Archbiſhop of Glaſ. gow, the offenders, within the Province and Diocie of Glaſgow, cannot be cited to compear before our Archbiſhop of Glaſgow; ſo that the ſcanda- lous perſons, at the leaſt the moſt part, eſcape puniſhment: Therefore, for remedie hereof, out of his dutie towards God, and love to his Kirk, being the Nurſe Father of the ſame upon the earth, within his Majeſties domi- nions; and grieving, that either hereticks, ſchiſmaticks, or ſcandalous liv- ers, ſhould finde any ſubterfuge, colour, or eſcape the old ordinarie courſe from the Eccleſiaſtical puniſhment, appointed by his Hienes laws, againſt offenders in ſuch cauſes, hath given, granted, and committed, and by the tenor hereof, gives, grants, and committs full power and commiſſion to the moſt reverend Fathers in God, and his Highneſs right truſtee and welbe- loved Connſellors, John Archbiſhop of Sanét Andrews, Primat and Me- tropolitan of Scotland, and James Biſhop of Glaſgow, conjunétly and ſeve- rally, and Alexander Earle of Dumfermline, Chancellour of our Kingdom of Scotland, John Earle of Marr, George Earle of Merſchal, John Earle of Montroſe, Peter Biſhop of Aberdeen, Alexander Biſhop of Murray, Wil- liam Biſhop of Galloway, Patrick Biſhop of Roſs, Andrew Biſhop of Bre- chin, Alexander Biſhop of Cathneſs, Adam Biſhop of Dumblane, Andrew Biſhop of Argile, and George Biſhop of Orknay, the Lord Binning, Secre- tar of our realme of Scotland, . . . . . . . . . Lord Lindſay, William Lord Sanquhair . . . . . . . . . Lord Forbes, Walter Lord Blantire, Sir Richard Cockburne of Clerkingtoun, Lord Pri- vie Seal, Sir Alexander Hay of Whitburgh, Clerk of Regiſter, Sir William Oliphant Newtoun Knight, our Advocate, Sir Gedeon Murray of Elie- bank Knight, our Treaſurer Depute, Sir David Carnegie of Kinnaird Knight, Sir William Levingſtoun of Kilſyth Knight; Mrs Patrick Gallo- way, John Hall, Peter Hewat, Andrew Ramſey, Miniſters at our Burgh 1110 THE BOOKE OF THE - 1615. of Edinburgh, Mr John Ramſey, Miniſter at . . . . Mr John Hay, Parſon at Ranfrew, Mr William Birnie, Miniſter at Air, Mr John Aber- methie, Miniſter at Jedburgh, Mr Edwart Hepburn, Miniſter at Preſtoun, Mr John Mitchelſone, Miniſter at Bruntiland, Mr Theodor Hay, Parſon of Peebles, Mr Thomas Henriſon and Mr John Arthure, Commiſſars of Edinburgh, Mr John Weemes, Commiſſar of Sanét Andrews, Mr William Hay, Commiſſar of Glaſgow; or any five of them, the ſaids Archbiſhops of Sanét Andrews and Glaſgow, or any one of them, being of the number of the foreſaids, to ſummon or call before them, at ſuch time and places as they ſhall think moſt meet, all perſon or perſons, dwelling within our Country of Scotland, and within the Provinces of Sanét Andrews and Glaſgow, and Diocies of the famine, being offenders either in life or religion, whom they finde any wayes to be ſcan- dalous; and ſpecially, reſetters and intercommuners with Jeſuits, Seminary and Maffe Prieſts, or excommunicat Papiſts, ſayers and hearers of Maſſe, recuſants, and not communicants, inceſtuous and adulterous perſons; and that they take trial of the famine : And if they finde them guiltie and im- penitent, refuſing to acknowledge their offence, they ſhall give direction and command to the Preacher or Miniſter of that pariſh, where they dwell, to proceed with the ſentence of excommunication againſt them ; which ſentence, if it be protraćted or delayed, and their command by that Miniſter be not preſently obeyed, they ſhall then conveen any ſuch Miniſter before them, and proceed in cenſuring him for his diſobedience, either by ſuſpen- fion, or deprivation, or otherwiſe, according as in their diſcretion they ſhall hold his obſtinacie, and refuſal of their direétions, to have deſerved : And farther, to fine at their diſcretions, impriſon, or ward any ſuch perſons, whom, being conveened before them, they ſhall find upon trial, for contu- macie, or their non compearance, to have deſerved ſuch puniſhments for the ſaid crimes : And a warrant under the hand of any five above named, any one of the ſaid Archbiſhops being alwayes one of them, ſhall ſerve for a ſufficient command to Captains and Conſtables of his High- neſs Wards and Caſtles, and to all keepers and Jaylors of all Priſons or Wards, either within burgh or land, within any part of the ſaid countrey, for receiving and detaining of ſuch perſons, as ſhall be direéted unto them, to be keeped by them in ſuch form as by the ſaid warrants ſhall be pre- ſcribed, as the ſaid offenders will anſwer to the contrarie upon their peril. And of all ſuch fines, as ſhall be impoſed upon any offender, the one half 1615. UNIVERSALL KIRK OF SCOTLAND. 1 11 I to appertain to his Majeſtie and his Highneſs Treaſurer; another half to be imployed upon ſuch neceſſary charges, as the ſaid Commiſſioners ſhall be forced unto, by charging all Papiſts, and witneſſes to compear before them; and the ſurplus to be beſtowed, at the fight of the ſaid Commiſ- fioners, ad pios uſus : And that the ſaid Letters be extended in the beſt form with all clauſes needful, and with command therein to the Lord of his Highneſs Privie Council of Scotland, upon the fight of any certificat, ſubſcribed by any five of the ſaid Commiſfioners, the ſaid Archbiſhops being alwayes two of them, either of fine impoſed upon any partie found guiltie, or of the contumacie or refuſal of any partie to compear before them, to direct a ſummar charge of horning upon ten dayes only, for payment of the fines to be impoſed upon them, and to direét his Highneſs Letters and war- rant for preſent denouncing of perſons that are contumacious, for their con- tumacie and refuſal to compear, being lawfully called to that effect: and that no ſuſpenſion nor relaxation be granted, without a certificat under the Biſh- ops hands, of the partie charged his obedience and ſatiſfačtion : And in caſe of farther diſobedience of the partie, who ſhall be charged for his fine of mon compearance, his Majeſtie then ordaineth his Lords of Council to pro- ſecute the moſt ſtrait order, as is uſed againſt any others his Highneſs rebels, for any other cauſe whatſoever : With power to the ſaid Commiſſioners to proceed therein; and alſo to take trial of all perſons, that have made defection, or otherwiſe are ſuſpected in religion; and as they finde any juſt cauſe againſt them, to proceed in manner foreſaid: Commanding alſo by thir preſents the Captains and Lieutenants of his Majeſties guards, Pro- veſts and Bailliffs of Burghes, where the ſaid Commiſſioners ſhall fit, Sheriffs, and Bailiffs of Regalities, and all others his Majeſties Officers, and Miniſters of the lawes, to ſearch, ſeek, take and apprehend all and fundrie perſons his Majeſties lieges, whom the ſaid Commiſſioners ſhall think meit to be preſented to their judgement and trial, upon a warrant ſubſcribed by any five of the ſaid Commiſfioners, any of the ſaid Archbiſhops being alwayes one of them : And alſo, whenſoever they learn or underſtand of any Miniſter, Preachers or Teachers in Schooles, Colledges or Univerſities, or of exhorting and le&turing Readers within theſe bounds, teaching or ſpeaking againſt the preſent eſtabliſhed order of the Kirk or Eſtate, againſt any of the concluſions of the bypaſt General Affemblie holden at Glaſgow, or any acts of Parliament, and ſpecially, the aët of Parliament holden at 1 i 12 THE BOOKE OF THE 1615. Edinburgh, in Oétober 1612 years: and therefore, after calling before the ſaid Commiſſioners, they ſhall be queſtioned upon the points of that which is laid againſt them, and puniſhed according to the qualitie of their offence. And whereas complaints ſhall be made unto them by any partie, that ſhall be conveened before any Eccleſiaſticall Judicatorie, for any ſuch crime as he ſhall be ſuſpected of, and the partie alledge there, that the matter itſelf is impertinent to that Judicature, and the proceedings to be, and to have been unformal ; or that the Judicature itſelf hath been partial : And when the ſaid Commiſſioners ſhall ſee a juſt cauſe, they ſhall take . . . . . . . . e e º e C e o e º e C & like as it ſhall be leeſome to whatſomever perſon or perſons, to appeal to the ſaid Commiſſioners from any inferior Eccleſiaſticall Judge, upon any reaſonable cauſe : then and in that caſe, the ſaid Com- miſſioners to take cognition therein, the caſe of Appellation being found reaſonable : With power alſo to the ſaid Commiſſioners, to make choiſe of the Clerk, Procurator fiſcal, and other members of Court; and to direct precepts in name of the ſaid Archbiſhops and their Aſſociats, for their citation of any parties before them, within the bounds of the ſaid countrey, in any of the cauſes or caſes above named : which precepts ſhall be ſealed with a ſpecial Seal, containing the Armes of the ſaid two Archbiſhops; and theſe preſents ſhall be a ſufficient warrant, both for making, and uſing the ſaid Seal; and to charge witneſſes to compear before them, under the pain of fourtie pounds uſual money of this Realme of Scotland: And upon a certificat from the ſaid Commiſſioners, that any of the ſaid penalties are in- curred by their contumacie, the ſaid Lords of Councel ſhall direct the like charges for payment of the ſame, as is appointed for the fines. Attour, our ſaid Soveraign Lord by the tenor hereof diſchargeth the Lords of his Highneſs Council and Seſſion of all advocating to themſelves, from our Eccleſiaſtical Judicatories, any of the matters of the qualities above written; but that they referre the ſamine to the deciſion of the ſaid Commiſſioners: And generally to do all and whatſoever things the ſaid Commiſſioners ſhall hold fit and convenient for his Highneſs ſervice herein, according to the intent and purpoſes of his Majeſties Commiſſion : Charging likewiſe, and commanding all and fundrie his Highneſs lieges and ſubjects, whom it effeirs, to anſwer readily, and obey the ſaid Commiſſioners, or any five of them, any of the ſaid Archbiſhops being alwayes one of them, their officers and Miniſters, in all and fundrie things concerning the premiſſes, under all 1615. UNIVERSALL KIRK OF SCOTLAND. 1113 higheſt pain and charge that after may follow : And ordains our Great Seal to be appended to the ſame ; whereunto theſe preſents ſhall be a ſufficient warrant. Given at Royſtoun, the 21 of December, the year of God 1615 years, and of our reigne fourtie nine, and thirteen years. A. Chanc. Binning. Murray. Alexander Hay. A. D. MD.CXVI. The Kings Letter to Mr John Spotſwood, Biſhop of Sanét Andrews. Right reverend Father in God, right truſty and well beloved Counſellor, We greet you well. We have received your letter of the 18 of this in- ſtant, whereby ye and the remanent Biſhops doe give us account of the High Commiſſions proceedings, and the cauſes moving them at their laſt meeting, to committ the Marqueſs of Huntlie : and as we are well pleaſed both with your Aſſembly, and that effect thereof, eſpecially at this time of ſo great defe&tion, and apoſtacy in the North ; ſo it is our pleaſure, that the ſaid Marqueſs be no ways relieved of his commanded reſtraint, but that he remain therein, notwithſtanding our late letter ſent to him, which being dire&ted and diſpatched before we knew of his reſtraint, is not to be inter- preted as a warrant for his relief thereof; ſo as notwithſtanding the ſaid letter, ye are ſtill to detain him, if he be in priſon, and otherways to cauſe him reenter the ſame. And ſeeing now ye haue made ſo fair an entry and way to curb and correót Popery, and prevent the future grouth and increaſe therein; ſo we are the more earneſtly to perſuade you to ſett foreward in ſo good a cauſe, without fainting or wearying; becauſe at this time of the Marqueſs his impriſonment, every man will be in expectation of ſome real effect and work of reformation: Wherfor you and all the reſt of your collegues are to uſe the greater care and diligence in your proceedings againſt the Jeſuits, Prieſts and Papiſts in theſe parts; and chiefly againſt theſe of the ſaid Mar- queſs his name, kind, and dependents, by citation, or ſuch other courſe as ye ſhall think meet for their diſcovery, purſuit, tryal, and puniſhment, 7 B 1114 THE BOOKE OF THE 1616. wherein as we doubt not, but ye will perform all that we can expect or require of you, ſo may ye be confident of our ſpecial approbation, and aid to be conferred to any lawfull courſe that ye intend or take for the ſame. In the mean time, among other particulars of that letter ſent unto us, wee cannot but take ſpecial notice of the deviliſh diſpoſition of Cornelet Gordouns wife, in railing ſo wickedly againſt a Preacher, and uſing ſuch ſpeaches to divert people even at the church door from entering to hear the Word: Wherfor, our pleaſure is, that ye reſolve upon the moſt expe- dient courſe to bring her to Edinburgh, and ſhe to be committed to the Tolbuith thereof: for if theſe ſpeaches expreſſed in the ſaid letter be veri- fied againſt her, we will repute her as infamous, odious, and puniſhable as any witch: and unleſs be her puniſhment, we be confirmed of her guilti- meſs, we muſt eſteem the information made againſt her to be but an inven- tion, and yow too eaſily to haue believed a lye. According to your deſire, we have required our Depute Treaſurer to cauſe diſpatch the guard to purſue Gight, and take his houſe. And for puniſhing the reſt that being cited, compeared not before our Hie Com- miſſion, we have willed him to proceed againſt all and every one of them, with all ſeverity and rigour of law. - And to conclude, whereas ye deſire the declaration of our pleaſure con- cerning Mr John Murrey: Seing be his conformity he has given you ſatiſfaction, we are well pleaſed, that ye place him in Dumfermling, or elſewhere as ye ſhall think moſt fitt. And ſo we bid yow farewell. At Wanſteade, the 22 of June, 1616. Proclamation be the King, for holding the General Aſſembly at Aberdeen, in Auguſt 1616. James, be the grace of God, King of Great Britane, France, and Ireland, Defender of the Faith, To our Lovits, &c. Meſſingers, our Shireffs in that part, conjunétly and ſeverally, ſpecially conſtitut, greeting. For as much as the Prelats, and the reverend Fathers of the Kirk, forfeeing that there is a great decay in religion, and a grouth and increaſe of Poprie, within this our kingdom; and that the ſamen is like to produce many dangerous effects againſt the Eſtates, both in Kirk and Policie: And the ſaid Prelats hav- 1616. UNIVERSALL KIRK OF SCOTLAND. 1 115 ing gravely deviſed upon the beſt and readieſt means, both for preventing and ſuppreſſing this grouth of Popery; and for reforming of the diſſorders and abuſes flowing therefra, they haue found, that nothing is more expedi- ent for effectuating their good work than a National Aſſembly, and meet- ing of the whole Kirk: And by their petitions preſented to us, they have humbly craved our licence for the holding of the ſaid Aſſembly : Lykas we allowing of their good advice and opinion in this point, and being will- ing to hold hand to them in all and every thing which may procure the good of the Kirk, We have moſt willingly and freely given and granted our conſent, licence, permiſſion and allowance for holding of the ſaid Aſ- ſembly, and ordaining the ſame to hold at our Burgh of Aberdeen, and to begin, God willing, upon the 13 day of Auguſt next approaching, in this inſtant year of God, 1616 years. Our will is herefor, and we charge yow ſtraitly, and command, that incontinent theſe our Letters ſeen ye paſs, and, in our name and authority, make publication thereof be open proclamation, at the Mercat Croſs of the head burrowes of this our kingdom, and other places needfull, wherethrough none pretend ignorance of the ſame : And that ye warn all and fundry Archbiſhops, Biſhops, Commiſſioners from the Kirks, and others having vote in the ſaid Aſſembly, that they repair in due and lawfull tyme to our Burgh of Aberdeen, againſt the ſaid 13 day of Auguſt nixt, and aſſiſt the ſaid Aſſembly and meeting with their preſence and votes, and doe and perform that which to their charges in ſuch caſes appertaines, as they will anſwer upon the contrair at their perrill : The which to doe, we committ to you, conjunétly and ſeverally, our full pouer be theſe our Letters, delivering them be yow duely execut and indorfit again to the bearer. Given under our Signet, at Edinburgh, the 19 day of July, and of our reignes the 49 and 14 years, 1616. - Per Aétum Secreti Conſilij. C.] 1116 THE BOOKE OF THE 1616. A. D. M.D.CXVI. The Generall Aſſemblie of the Kirk of Scotland, halden at Aberdein the 18 day of Auguſt 1616: Where was preſent the Erle of Mon- trois, Commiſſioner for his Majeſtie, Lords and Barones, together with the Archbiſhops, Biſhops, and Commiſſioners from Preſbitries. [A Faſt was indićted, be Proclamation and found of trumpet, to be keeped this day: Patrick Forbes, Laird of Corſe, taught in the morning; the Biſhop of Sanét Andrews before noon; Mr William Forbes after noon. The King ordained by his Letter, the Primat to rule the Clergie, and his Commiſſioner, the Earle of Montroſe, to order the Laitie; and deſired the Aſſembly to adviſe upon certain overtures for the rooting out of Popery, which he promiſed to authorize be his lawes. So Mr John Spotſwood, Archbiſhop of Sanét Androis, ſtepped into the Moderators place without election. Secretar Hamiltoun and the Lord Carnegie were appointed by the King to aſſiſt the Earle of Montroſe. The Catalogue of the Preſby- tries was not called, nor Commiſſioners conſidered, whether free or limited. A number of Lords and Barones decored the Aſſembly with filks and ſat- tins, but without lawfull Commiſſion to vote. Biſhops had no Commiſſions from Preſbytries. The Moderators of the Preſbytries came according to the Biſhops Miſfives. The whole Biſhops and Lords of Councel, that were preſent, together with the Kings Commiſſioner, and his Aſſiſters, the Secretary, and the Lord Carnegy, and fifteen other Lords and Barones, with twenty Miniſters, or thereby, were appointed to fit upon the Privie Conference. The firſt four dayes were ſpent in preaching, renewing old ačts, and making ſome new acts againſt Papiſts. C.] 1616. UNIVERSALL KIRK OF SCOTLAND. 1117 Seſſio 2a, 14 Auguſti. Forſameikle as the moſt vrgent cauſes of the convocation of this preſent Aſſemblie, is to obviat the great increaſe of Papiſtrie within this realme, and to try out the juſt cauſes heiroſ, to the effect that ſufficient remedies may be provided for redreſſing of the ſame in all tyme coming; and that it is found be the whole Aſſemblie, that ane great part of the cauſes of the ſaid increaſe relyes partlie vpon the ſlackneſs of the Miniſtrie in thair holie profeſſioun, and partlie vpon the not executing of the laws, alfweill civil as eccleſiaſticall, againſt ſuch perſons as either were excommunicat them- ſelves, and oppinly contemnit the ſaid cenſure ; or quho intertaines, re- ceipts, and maintaines quho were excommunicat ; or quho were traffi- quers againſt the true religioun preſentlie profeſt within this realme : For remeid quherof, the whole Aſſemblie in ane voyce hes flatute and ordaint in maner after following. . In the firſt, For the better tryall and diſcovering of Apoſtates, it is ſtat- ute and ordainit, that quhoſoever hes confeſſit the true religioun preſentlie profeſſit within this realme, and hes ſubſcryvit the ſamein, and hes receiv- ed the holy ſacrament of the Supper of the Lord, and communicat con- forme to the ordour obſervit within this realme; if at any tyme heirafter he or ſche be found any tyme, either to reaſon againſt the ſaid true reli- gioun preſentlie profeſt within this realme, or any article or heid therof, or to raile againſt the ſame, or els directlie or indireétlie to be a ſeducer or perverter of vihers from the ſaid trueth preſentlie profeſt, as ſaid is ; or if he or ſche be found to receipt or intertaine any traffiqueing Papiſts, Jeſu- ites, or Seminarie Prieſts: Any of the ſaid fačts or deids ſalbe a ſufficient cauſe of apoſtaſie, and theſe doers ſalbe reput, haldin and puniſhit as apoſtates. And becauſe the probatioun in the ſaids cauſes is difficile and almoſt im- poſſible, in reſpect that the ſaids deids are committit covertlie, and quher- in probatioun can hardly be deducit : Therfor it is ſtatute, that in cace vther probatioun cannot be had, that it fall be lawfull to prove the ſamein be the aith of the partie alledgit committer of the ſaids fačts and deids; and that it fall not be leiſum to him to refuſe to give his oath in the ſaids matters, vpon quhatſoevir colour or pretence of criminall ačtioun, or vthers 1118 THE BOOKE OF THE 1616. following thervpon : and to this effect that ame ſupplicatioun be dire&tit to his Majeſtie, that it might pleaſe his Hienes to ſett downe ane ordinance for ratificatioun of the former ſtatute, to the effect it may be receivit in all Judicatories. Item, It is ſtatute, if any perſon or perſons quho hes conformit himſelfe to the true religioun preſentlie profeſt within this realme, and hes ſubſcry- vit the Confeſſioun of the Faith, and receivit the Communioun, if at any tyme heirafter he or they doe not haunt the ordinar exerciſes of religioun, being admoniſchit be thair ordinar Paſtour trina admonitione [direéted from the Seſſioun of the Church, J the ſame being proven ſalbe ane ſuffi- cient cauſe to puniſh them as hald and repute apoſtates. Item, It is ſtatute and ordainit, that quhatſumevir perſon, known of be- fore tyme to have bein a Papiſt, and after his reconcileing to the Kirk, he ſalbe tryed and found to weare and beare vnder perſon Agnus Dei, beids, croces, crucifixes, or to have in their houſes idols and images, or in thair bookes fick things as befor they have ſuperſtitiouſlie vſed, the ſamein fall inferre juſt ſuſpitioun of apoſtaſie, and falling back in the ſaids errours; and they being convićt thereof, ſalbe haldin and repute as apoſtates. Item, It is ſtatute and ordainit in all tyme heirafter, quhenſoever any Miniſter fall receive any Papiſt returning from his errours to the boſome of the Kirk, that at the tyme of his receiving, the Miniſter fall firſt take his aith ſolemnlie ſworne, that he fall declare the veritie of his faith and beliefe in every particular point and article, contained in the Confeſſioun of the Faith, quhilk ſalbe ſpeirit at him ; and that immediatlie therafter the ſaid Miniſter fall examine him particularlie vpon everie heid conteinit in the Confeſſion of Faith, and receive his particular anſwer thervpon affir- mativá, conforme to the ſamein ; vtherwayes that he fall not be receivit. Item, It is ſtatute anent the wyves of Noblemen, Gentlemen, and others profeſſing Papiſtry, quho reſetts traffiqueing Papiſts, Jeſuites, and Semina- rie Preiſts, as if the ſame were done againſt the will and knowledge of thair huſbands, that all ſuch wenin ſalbe callit and conveinit for the ſaid. recept and intertainment; and thair being convićt therfor, that they ſalbe wardit ay and quhill they find ſufficient cautioun to abſtaine from the lyke receipt or intertainment, in any tyme comeing, vnder a certaine paine; but pre- judice of any ačtioun that may be competent againſt thair huſbands, con- forme to the laws of this realme. Item, Becauſe the ſpeciall cauſe of increaſe of Papiſtrie proceids vpon 1616. UNIVERSALL KIRK OF SCOTLAND. 1119 the not putting to execution of the ſtatutes and ačts of Parliament made againſt traffiqueing Papiſts, Jeſuites, and Seminarie Prieſts; that therfor a ſupplicatioun be direétit to his Majeſtie, that it will pleaſe his Hienes to take ſuch ordour, that the loveable lawis and ačts of Parliament, made be his Majeſtie in tymes bypaſt againſt traffiqueing Papiſts, Jeſuites, and Se- minarie Prieſts, may be put to executioun, in all tymes comeing, with all ſeveritie. Item, It is ordainit, that the haill names of Papiſts recuſants, within this realme, be givin in be the Commiſſioners of this preſent Aſſemblie, to the Clerk, to be dely verit be him to the Archbiſchops of Sanét Androes and Glaſgow, conforme to thair ſeverall Provinces, to the effect they may be callit and conveinit before them in the Hie Commiſſioun, and puniſhed as accords ; but prejudice alwayes of viher eccleſiaſticall cenſure, and diſci- pline of the Kirk, ſtatute aganis them of befor. Item, It is ordainit, that every ane of the Miniſtrie give up the names of ſuch of thair paroch as hes paſt furth of the countrey, and not found ca- tioun for thair behaviour, and ſincere profeſſioun of the religioun, foorth of the ſamein, conforme to the act of Parliament, to the effect they may be callit, conveinit, and puniſchit conforme to the ſaid ačt. Item, It is ordainit, that the whole names of the perſons excommunicat within this realme, quhilk ſalbe givin vp be the Commiſſioners, be dely- verit to the Biſchop of every Dyocie, quho fall delyver a catalogue of the names to every Miniſter within his Dyocie, ordaining every Miniſter to make publick intimatioun thereof, at every ane of thair paroch kirks, vpon Sonday, in tyme of divyne ſervice, that no man pretend ignorance of the ſame ; chargeing and inhibiteing every ane of thair paroch, that they neither receipt the ſaid excommunicants, nor intercommune with them : certifieing them and they doe in the contrair, they ſalbe callit and conveinit as re- ceipters of traffiqueing Papiſts and excommunicat perſons, and be puniſchit for the ſame. - Item, The Aſſemblie recommends to the care of Biſchops within thair Dyocies, and Miniſters within thair congregatiouns, to travell with noble- men, gentlemen, and burgeſſes, that ther be ordinar exerciſe of reiding and prayer within thair houſes, as alſo ane prayer for the Kings Majeſtie and his children, after every meale: [And that the Miniſter of every pariſh haunt the houſes to ſee the ſame obſerved.] I 120 THE BOOKE OF THE 1616. Seſſio 3a, 15 Auguſti 1616. Item, Becauſe ther are ſome pamphletts and bookes full of calumnies, quyetlie ſett foorth, and ſpred within this countrey be the Papiſts, and en- emies of the true religioun : Therfor the Aſſemblie hes ordainit, that Mr William Scott, Miniſter at Couper, and Mr William Struthers, Miniſter at Edinburgh, [the Laird of Corſe, and the Biſhop of Galloway,) ſall make anfuers to the ſaids bookes and pamphletts, to the effect that therby the peiple may be inſtrućtit how to beware of the ſamein, and the ſaid errours and calumnies may be refutit, Item, Becauſe it is certainely informed, that certaine wenen taks vpon them to bring vp the 3outh in reiding, ſewing, and vther exerciſes in ſchooles; vnder pretext and collour quherof, traffiqueing Papiſts, Jeſuites, and Seminarie Preiſts hes thair appointit tymes of meeting : at quhilk tymes they catechiſe and pervert the gouth in their goung and tender age, in ſuch ſort that hardlie therafter, by great paines and travells, can they be brocht fra their errours to the acknowledging of the trueth preſentlie profeſſit within this realme : It is therfor ſtatute and ordainit, that it fall not be leiſum to quhatſumevir perſon or perſons to hold any ſchooles for teaching of the gouth, or to teach them therin, except they firſt have the approbation of the Biſhop of the Diocie, and be firſt tryit be the Miniſters of the Preſbytrie, quher they dwell, and have thair approbation to the effect forſaid. Item, Becauſe ther is a great abuſe in peiple paſſing to pilgrimages to wells, to trees, and auld chappells; as likewayes in putting vp of bane- fyres : Therfor it is ordainit, that the brethren of the Miniſtrie be diligent in teaching of the peiple, and preaching againſt ſuch abuſes and ſuperſti- tioun, to the effect they may be recallit from the ſaids errours: as lyke- wayes that the Miniſtrie take diligent tryall of the names of thoſe quho haunts theſe pilgrimages, and to delate the ſame to the Archbiſchops of Sanét Androes and Glaſgow, every ane within thair awin provinces, to the effect they may be callit befor the Hie Commiſſioun, and puniſchit for the ſame. It is lykways ordainit, that thair names be delyverit to the Juſtices of Peace, with the places of thair pilgrimages, and dayes of thair meetings; and that they may be requiſtit and deſyrit to attend vpon the 1616. UNIVERSALL KIRK OF SCOTLAND. I 121 ſaids dayes of thair meetings, and to diſturb and divert them therfrom, be apprehending and puniſhing of them. * Item, It is ordainit, that every Miniſter give vp the names of ydle ſong- ſters within thair pariſhes to the Juſtices of Peace, that they may be callit and conveinit befor them, and puniſchit as ydle vagabounds, conform to the A&ts of Parliament, and power given to the ſaids Juſtices of Peace theranent. - - Item, Becauſe it is found, that diverſe of the ſaid Jeſuites, traffiqueing Papiſts, and Seminarie Preiſts goes about, vnder the colour and pretext of Doétours of Phyſick and Apothecaries, deceiving and perverting the peiple from the true religioun profeſt within this countrie: Therfor ane ſupplica- tioun wald be direct to his Majeſtie, that it wald pleaſe his Hienes to fia- tute and ordaine, that none heirafter be ſufferit to vſe and exerciſe the office of ane Dočtour of Phyſick or Apothecar, quhill firſt he have ane approba- tioun from the Biſhop of the Dyocies, quher he maks his reſidence, of his conformitie in religioun ; as lykewayes from the Vniverſitie, quher he learnit and ſtudied, of his qualificatioun and ſufficiencie in the ſaid art. The quhilk day compeirit in preſence of the haill Aſſemblie John Gor- doun of Buckie, in name, and at the directioun of ane noble and potent Lord, George Marqueis of Huntlie, and preſentit a petitioun, direct be the ſaid George Marqueis of Huntlie, to the ſaid Aſſemblie, ſubſcrivit with his hand, craving to be abſolved orderly from the ſentence of excommunica- tion, and deſyring ane anſuer of the ſame to be given be the Aſſemblie ; quherof the tenour followes, as is to be found in the end of this Aſſembly.* The Biſhop of Sanét Androes preſented ane letter direct from the Archbiſchop of Canterburie, together with ane vther letter from the Kings Majeſtie, concerning the abſolutioun of the ſaid Lord Marqueis from the ſentence of excommunicatioun made be the ſaid Archbiſchop of Canter- burie, quhilk were both red in preſence of the ſaid Aſſemblie, and ordainit to be regiſtrat in the Aéts of the Generall Aſſembly ad perpetuam reime- moriam, quherof the tenour followis: Heir to inſert the two letters quhilk is to be found afterward.* With the quhilk the Aſſemblie being rypelie adviſit, hes thoght it moſt expedient, that the ſaid Marqueſe compeir in the preſence of the haill Aſ- * The documents referred to are not contained in the two MS. copies of B. U. K. Advocates Library, nor in the MS. or printed copies of C. to which we have had access. 7 C 1122 THE BOOKE OF THE 1616, ſemblie, ther to teſtifie his conformitie in the points of religioun, and reſolutioun to abide therat; and ſwa to be abſolvit from the ſentence of ex- communicatioun pronuncit againſt him : And, therfor, ordains the ſaid John Gordoun of Buckie to advertiſe the ſaid Lord Marqueis, that he com- peir befor the Aſſemblie, on Wedneſday nixt to come, the xxj day of Au- guſt inſtant, to the effect forſaid: And for the better furtherance heiroſ, the Aſſemblie hes deſyrit the Lord Commiſſioner, and Lord Archbiſchop Moderator, to wryte thir letters to the ſaid Lord Marqueis for the cauſes forſaids : and the whole Aſſembly was charged to ſtay while that time. [The Biſhop of Canterburie excuſes Huntlies abſolution in England. The reaſons moving the Biſhop of Canterburie. 1. His Majeſties fute, aſ. ſuring him that he was fully reſolved. 2. The Biſhop of Sanét Andrewes had requeiſted him divers times to further that mans converſion, whenſo- ever occaſion was offered. 3. He was reſolved by the beſt learned in England, that he might abſolve him. 4. That he did it of brotherly af. fečtion, and not as claiming any ſuperiority over the Kirk of Scotland. 5. He was informed be the Biſhop of Cathneſs then preſent at Court, that it would be acceptable ſervice to the Kirk of Scotland. C.] - Decimo ſexto Auguſti, 1616. The ſaid day, the Lord Commiſſioner for his Majeſtie produceit certaine inſtructiouns, direét by his Majeſtie to the ſaid Lord Commiſſioner, to be proponit to this preſent Aſſemblie, anent the proviſioun of the remedie for the defe&tioun and falling away of many from the trueth : quherof the tenour followeth : - Inſtrućtiouns to our right truſtie and welbelovit Cuſigne and Counſellour the Erle of Montrois. [1. That order be taken with the delapidation of benefices, and the pro- greſs thereof ſtayed, and ſome means devyſed to recover that which is loſt. The Aſſembly thought good, that the determination of this matter ſhould be referred to ſome of the moſt wiſe and diſcreet of the Miniſtry to conſult and adviſe thereupon. And, in the meantime, it is ſtatute, that no Biſhop, 1616. UNIVERSALL KIRK OF SCOTLAND. I 123 Miniſter, or beneficed perſon, ſett or ratifie any tack under the paine of depoſition, till order be taken be the ſaid Commiſſioners thereament. 2. That the chief burrow touns be planted with ſufficient, wiſe, learned, and peaceable men; eſpecially ſuch places as are now vacant, as Aberdeen, Perth, Edinburgh and Bamfe, &c. 8. That the moſt learned, diſcreet Miniſters be appointed and tranſport- ed to places where Noblemen has their reſidence, ſpecialy ſuſpect of Pa- piſtry; and if the means of the proviſion be ſmall where they are tranſport- ed, to take the rents and ſtipend which they had before with them, till bet- ter order be taken: and to this effect the Aſſembly ordaines, that ilk Biſhop within his Diocy, with advice of the Synod, ſhall tranſport Mini- ſters as they ſhall think expedient. . . 4. That ſpecial canon be made, that all Archbiſhops and Biſhops in their viſitation, either be themſelves, or if they may not overtake the ſamen, the Miniſters of the pariſh make all young children of ſix years old be preſented to them, to give confeſſion of their Faith, that they may appear in what religion they are brought up. After which every two or three years they ſhall be examined, till they come to 14 years of age. After ſufficient growth of knowledge they may be admitted to the Communion : and that puniſhment be appointed for them that preſents them not, or are megligent in their inſtrućtion. - - 5. That a true and ſimple Confeſſion of Faith be ſet doun, to the which all ſhall ſweare before they be admitted to any office in Kirk or Common- weale ; and all ſtudents in Colledges. 6. That a ſhort and compendious Catechiſm be made, which every kirk and familie ſhall have for the inſtrućtion of their children and ſervants, whereof they ſhall give account before the Communion, and every one be examined conforme thereto. 7. That all children and ſchools ſhall have and learn be heart the Cate- chiſm, intituled God and the King ; which already, be Aét of Conſell, is ordained to be read and taught in all ſchooles. 8. That a Liturgie be made, and form of divine ſervice, which ſhall be read in every church, in common prayer, and before preaching every Sab- bath, be the Reader where there is one ; and where there is none be the Miniſter befor he conceive his oun prayer, that the common people may learn it, and by cuſtom ſerve God rightly. 1 124 - THE BOOKE OF THE 1616. 9. That the Communion be celebrat four times ilk year in the burrow touns, and twice in landwart; and one of the times to be at Eaſter yearly. And if any communicat not once in the year, the aët of Parliament is to ſtrike upon them with all ſeverity. 10. That there be an uniformity of diſcipline; and to that effect the Canons of the former Counſils and Aſſemblies to be extracted ; and where the ſame are defe&tive, to be ſupplied be former Canons and Eccleſiaſtical meetings. For ſetting doun whereof, the Commiſſioners following are ordained to conveen with the Biſhops, in Edinburgh, the firſt day of De- cember next to come, viz. the Laird of Corſe, Mr John Reid, Mr George Hay, Dočtor Philip, Mr David Lindſay in Dundie, Mr William Scott, Doćtor Howit, Mr John Mitchelſon, Mr Patrick Galloway, Mr John Hall, Mr Edward Hephburn, Dočtor Abernethy, Mr Robert Scott, Mr William Birnie, Mr William Areſkine, or the moſt part of them. 11. For the help of the poſterity, and furtherance of religion, that a ſpecial care be taken of the Divinity Colledge in Sanét Andrews; and to that effect, that every Diocie ſhall furniſh two Students, or ſo many as may make the number to extend to twenty fix; and the half thereof to be chil- dren of poor Miniſters, to be preferred be the Biſhop of the Diocie: pro- vyding always, that theſe who are furniſhed within the Province of Glaſ. gow, that is to ſay, the Diocies of Glaſgow, Galloway, Argile, and the Iſles, ſhall be brought up in the College of Glaſgow; and not be aſtrićted to Sanét Andrews, but when they paſs Dočtours only. 12. That none teach in pulpit publićtly before the people, but theſe that have received impoſition of hands; and whoſoever does otherways be in- capable of the Miniſtry. 13. That every Miniſter ſhall miniſter the Sacrament of Baptiſm quhen- ſoever it ſhall be required, under the pain of depoſition; the godfather promiſing to inſtrućt the infant in the faith. 14. That every Miniſter have a Regiſter of baptiſms, mariages, and de- funèts, within the pariſh, to be preſented to ilk Synod : For doing whereof, it is ſtatute, the Miniſters, their wives, and executors ſhall have the quotts and confirmation of their teſtaments free. C.] Quhilk being red in audience of the hall Aſſemblie, they give moſt humble thanks to his Majeſtie for the great care and ſolicitude his Majeſtie 1616. UNIVERSALL KIRK OF SCOTLAND. 11:25 alwayes tooke for the advancement of the glorie of God, and profeſſioun of the true religioun within this realme, and holding downe and ſuppreſling of Papiſtrie and ſuperſtitioun within the ſame: And as to the ſaids inſtruc- tiouns, the brethren was ordainit to advyſe therwith quhill the morne. Decimo ſeptimo Auguſti, ante meridiem. Anent the ſaids inſtructiouns directit from the Kings Majeſtie to this Aſſemblie, the ſaid Aſſemblie being rypelie advyfit ther with, hes ſtatute and ordainit, as followeth. - In the firſt, Concerning the cauſes of the defectioun and falling away of many from the true religioun in this kingdome, and the remedies therof, the Aſſemblie hes ſett them dowme in the articles made befor in this pre- ſent Conventioun : And therfor moſt humblie deſyres his Majeſtie to con- firm and allow them, and make them receive executioun. Item, Becauſe the laik of competent maintainance to Miniſters is the cheefe cauſe of the evill, quhilk lay vpon this Kirk, quhilk for the moſt part proceids from dilapidation of benefices: to the effect therfor, that the progreſſe of that miſcheife may be ſtayit, and ſome meanes devyſit to recover that quhilk by iniquitie of tyme hes bein lofit, the Aſſemblie remitts the tryall, cognitioun, and whole diſpoſitioun of this matter to the Commiſ- fioners appointit from this Aſſemblie, for the cauſes underwrytin : And in the meantyme inhibites and diſcharges all Miniſters quho are beneficit perſons, and vthers quho are members of any Chapter, to ſett in tack or affedatioun any part of thair benefices, either in long or ſhort tackis, to quhatſumevir perſon or perſons; or as members of Chapter to give thair conſents to any tack or aſſedatioun ſett be vthers, quhill the ſaids Com- miſſioners have conveinit and takin ordour anent delapidatioun of benefices, and forme and maner of ſetting of tacks, vnder the paine of excommunica- tioun of the perſons ſetters of the ſaids tacks and conſenters therto ; and deprivatioun of them from thair benefices. - Item, Becauſe the proviſioun of learnit, wife and peaceable men to be Miniſters at cheife Burrowſtounes in vacant places, fick as Edinburgh, Perth, Aberdein, Bamffe, and vther places vacant, is ane moſt effectuall meane to roote out Poperie, and perpetuat the profeſſioun of the true religioun : It 1 26 THE BOOKE OF THE 1616. is therfor ordainit, that the Burrowtounes be provydit with the moſt learnit, wife and peaceable men that may be had. And becauſe the Commiſſioners for the Towne of Edinburgh hes no commiſſioun from the ſaid towne, anent the proviſioun of Miniſters to the vacant places in the ſaid Kirk: Therfor the care thereof is remittit to the ſaids Commiſſioners, to quhom it ſalbe injoynit in thair commiſſioun, that they fie the ſame performit. And as to Perth, the Aſſemblie ordaines my Lord Biſhop of Galloway to deale with the Commiſſioners of the Towne of Perth, for proviſioun of that vacant place. And ficklyke ordaines the Proveſt of Aberdein to advyſe with the Counſell, anent the planting of the ſaid Kirk; to the effect ſuf- ficient and qualified men may be nominat and provided to the ſaid places, befor the diſſolving of this Aſſemblie. Item, Becauſe a ſpecial care ſhould be had of Noblemen thair reſidence, cheiflie of ſuch as were thoght to inclyne towards Poperie : Therfor the Aſſemblie ſtatutes and ordaines, that the Lords Archbiſchops and Biſchops, with the advyce of thair Synods, take care that moſt learnit and diſcreit perſons of the Miniſtrie be appointit to attend the ſaids places, and be tranſ- portit therto, fick as to the Kirks of Dumbenen, Bellie, Northberwick, Cockburneſpath, Peiſlay, and ſuch vther places quher Noblemen makes reſidence, cheifly thoſe quho are thought to inclyne towards Poperie; and that they have a care of thair manteinance and ſufficient proviſioun : And if the ſame be ſmall, that theſe that are appointit to attend at the ſaids Kirks, carrie thair livings and rents with them, quhill farder order be takin. Item, Forſameikle as one of the moſt ſpeciall meanes for ſtaying of the increaſe of Poperie, and ſettling of the true religioun in the hearts of the peiple, is, that a ſpeciall care may be takin in the tryall of goung children, thair educatioun, and how they are catechifit; quhilk, in the tyme of the primitive Church, was moſt carefullie attendit, as one of the moſt effectuall meanes, to cauſe goung childrein in thair verie tender geirs drink in the true knowledge of God and his religioun ; bot is now altogether neglectit, in reſpect of the great abuſe and errours quhilk creip in in the Popiſh Church, vpon the ſaid good ground, be bigging thervpon ane Sacrament of Confirmatioun : Therfore to the intent that all errours and ſuperſtitioun quhilk hes bein biggit vpon the ſaid ground, may be reſcindit and takin away, and that the matter itſelfe being moſt neceſſar for educatioun of gouth, may be reduceit to its awin integritie, It is ſtatute and ordainit, that 1616. UNIVERSALL KIR.K OF SCOTLAN D. 1127 the Archbiſchops and Biſchops, in the viſitatioun of the Kirks, either be themſelves, or quher they cannot overtake the buffines, the Miniſter of the paroch, make all goung childrein of fix geirs of age be preſentit befor them, and to give the Confeſſioun of Faith, that ſo it may appeare in quhat reli- gioun they have bein brocht vp ; and that they be commendit to God by ſolemne prayer at the tyme, for the increaſe of thair knowledge, and con- tinuance of his grace with them. After that tryall, that the Miniſter of the paroch, every two or thrie geir, ance at the leaſt, reexamine them, that after ſufficient growth in knowledge they may be admittit to the holie Communioun. And it is deſyrit, that ane ſupplicatioun be direétit to the Kings Majeſtie, humblie craveing that it wald pleaſe his Hienes to injoyne ane puniſchment vpon ſuch parties, as either doe not preſent thair childrein, or ſalbe found negligent in thair right inſtructioun ; and that they be callit and conveint therfor befor the High Commiſſioun. Item, It is ſtatute, that the ſimple Confeſſioun of Faith vnderwrytin be 3. vniverſallie receivit throughout this whole kingdome, to the quhilk all heirafter ſalbe bound to ſweare and fett thair hands; and in ſpeciall all perſons that beare office in the Church, at thair acceptatioun of any of the ſaids offices; and lykewayes Students and Schollers in Colledges: Of the quhilk Confeſſion the tenour followes. Heir to inſert the Confeſſioun of Faith.* Item, It is ſtatute and ordainit, that a Catechiſme be made, eaſie, ſhort, and compendious, for inſtrućting the commoun fort in the articles of reli- gioun, quhilk all families ſalbe ſubie&t to have, for the better informatioun of thair childrein and ſervants, quho ſalbe holdin to give accompt therof in thair examinatiouns befor the Communioun. And for the better effec- tuating heirof, the Aſſemblie hes ordainit Mr Patrick Galloway and Mr John Hall, Miniſters at Edinburgh, and Mr John Adamſone, Miniſter at Libbertoun, to forme the ſaid Catechiſme, and to have the ſame in readines, befor the firſt day of Oétober nixt to come, to the effect the ſame may be allowit, and printit with the Kings Majeſties licence : The quhilk Cate- chiſme being ſo printed, it is ſtatute and ordainit, that no vther heirafter be printed within this realme, nor vſed in families for inſtructioun and examinatioun of thair bairnes, ſervants, nor the peiple in all tyme coming. Item, It is ſtatute and ordainit, that ane vniforme ordour of Liturgie or * Printed at the end of this Assembly. 1 128 THE BOOKE OF THE 1616. Divyne Service be ſett down to be red in all kirks, on the ordinarie dayes of prayer, and every Sabbath day befor the ſermoun, to the end the com- moun peiple may be acquaintit therwith, and by cuſtome may learn to ſerve God rightlie. And to this intent, the Aſſemblie hes appointit the ſaids Mr Patrick Galloway, Mr Peter Ewat, Mr John Adamſone, and Mr Wil- liam Erſkine, Miniſter at . . . . . . . to reviſe the Booke of Commoun Prayers containit in the Pſalme Booke, and to ſett downe ane commoun forme of ordinarie ſervice, to be vſed in all tyme heirafter; quhilk ſalbe vſed in all tyme of commoun prayers [in all kirks quher there is exerciſe of commoun prayers;] as lykewayes be the Miniſter before the ſermoun, quher ther is no Reidar. Item, It is ſtatute and ordainit, that in all tyme heirafter, the holie Com- munioun be celebrate in all kirks within this realme, at the tymes following, viz. in Burrowſtounes, the Communioun ſalbe celebrate foure tymes in the geir, and twyſe in the geir in landwart Kirks; ſwa that ane of the tymes, as weill to Burgh as to Landwart, falbe at the terme of Eaſter geirlie: and if any perſon fall not communicat geirlie ance in the geir, at one of the forſaid tymes, that it be humblie requyrit of his Majeſtie, that the penaltie of the aët of Parliament may be exactit of ſuch perſons with all rigour. Item, It is thoght moſt neceſſar and expedient, that ther be ane vniforme ordour of Church Diſcipline throughout all the Kirks of this kingdome ; and to that effect it is ſtatute and ordainit, that a Booke of Canons be made, publiſed in wryte, drawin foorth of the bookis of former Aſſemblies; and quher the ſame is defective, that it be ſupplied be the Canons of Coun- ſells and Eccleſiaſticall Conventiouns, in former tyme : The care quherof the Aſſemblie be thir preſents committs to the Right Reverend James Arch- biſchop of Glaſgow, and Mr William Struthers, Miniſter at Edinburgh, quho fall put in forme the ſaid Eccleſiaſticall Canons, and preſent them in wryte to the Commiſſioners appointit be this Aſſemblie, to quhom power is givin to try, examine [and allow the ſame ;] and after thair allowance and approbatioun thereof, to ſupplicat to his Majeſtie, that the ſame may be ratified and approved by his Royal authoritie, with priviledge to put the ſame in print. . Item, It is ſtatute and ordainit, that for the help of poſteritie, and to continue the light of the Goſpell with ages to come, the Divinitie Colledge foundit at Sanét Androes, quhilk ſould be the ſeminarie of the Kirk within this realme, be maintainit and vpholdin, and ane ſpeciall care takin therof. 1616. UNIVERSALL KIRK OF SCOTLAND. 1129 And becauſe the rent therof is meane for the preſent, it is ordainit, that for the proviſioun of ſome ſtudents in Divinitie, every Dyocie fall intertaine two ; or according to the quantitie of the Dyocie ſo many, as the number may ariſe to twentie fixe in haill, reſpect being had to the meannes of ſome Dyocies, and greatneſs and power of vihers; ſo that the leaſt Dyocies in thair contributioun ſalbe helped and eaſt be the greater: In the quhilk number it is ordainit, that the halfe at leiſt be the ſonnes of pure Miniſters, and be preſentit be the Biſhops of the Dyocies to the place. Item, The Aſſemblie ratifies and approves the former Aét made in the Aſſemblie haldin at Halierudehous, the tent day of November 1602, anent the ſacrament of baptiſme, that the ſame be not refuſeit, if the parent crave the ſame, he giving a Chriſtian confeſſioun of his faith, vpon any vther par- ticular pretence of delay to tyme of preaching ; with this extenſion and additioun, that baptiſme fall no wayes be denyed to any infant, quhen either the parents of the infant, or any faithfull Chriſtian in place of the parents, fall requyre the ſame to the infant; and that the ſame be granted any time of day, but any reſpect or delay till the houre of preaching. Item, It is ordainit, that every Miniſter have a perfyte and formall Re- giſter, quherin he fall have regiſtrat the particular of the baptiſme of every infant within his paroch, and quho wer witneſſes therto ; the tyme of the mariages of all perſons within the ſame ; and the ſpecial tyme of the buriall of every ane deceiſand within thair parochin; and that they have the ſame to be in readines to be preſentit be every ane, at thair nixt Synod Aſſem- blie, vnder the paine of ſuſpenſioun of the Miniſter not fulfilling the ſame, from his Miniſtrie. And it is deſyrit, that the ſaids Commiſſioners, in thair ſupplicatiouns direct to his Majeſtie, wold crave humblie that his Majeſtie wald ordaine the extraćt foorth of the ſaids Regiſters to make faith in all tyme comeing : and quho ſo obſerves this Aét, the Archbiſchops and Biſ: chops fall let them have thair quots of thair teſtaments gratis. Aéta Seſſione ultima. The quhilk day, in preſence of the whole Aſſemblie, compeirit ane noble and potent Lord, George Marqueis of Huntlie, and declarit, that he had direétit of befor John Gordoun of Buckie to preſent his ſupplicatioun to this preſent Aſſemblie, quherof the tenour is inſert before ; lykeas of new 7 D 1130 THE BOOKE OF THE 1616. he reiterat the ſaid ſupplicatioun, declaring the ſorrow and greife he had conceivit, in that he had lyin ſo long vnder the fearefull ſentence of ex- communicatioun ; and, therfor, moſt humblie deſyrit to be abſolvit from the ſame; lykeas he faithfullie promiſed, in face of the haill Aſſemblie, to perform and fulfill the heids and conditiouns vnder ſpecifeit, viz.: Firſt, The ſaid noble Lord faithfullie promiſed befor God, his hand holdin vp, to profeſſe and abyde be the true religioun preſentlie profeſſit within this realme, and allowit be the laws and acts of Parliament of the fame. 2. He faithfullie promiſed to communicat at the firſt occaſioun he ſhould be requyrit, and ſo to continue, conforme to the ordour of the Kirk. 3. He ſould cauſe his childrein, ſervants, and haill domeſticks be obe- dient to the Kirk and diſcipline therof; and ſould cauſe them haunt the kirk at ordinar tymes of preaching. 4. He ſall not receive Papiſts, Jeſuites, nor Seminarie Preiſts in his houſe, nor name of his lands; but put them out of his bounds with all dili- gence. 5. He allows the Confeſſioun of the Faith preſentlie ſett downe be the ſaid Aſſemblie; and in tokin of his conſtant confeſſioun and profeſſioun therof, he hes ſubſcryvit the ſame in preſence of the haill Aſſemblie. Quhilk haill promiſes above ſpecifiet, the ſaid noble Lord proteſts and declares that he hes made and ſubſcryvit truelie and with ane honeſt heart, but any equivocatioun, mentall reſervatioun, or ſubterfuge quhatſumevir, devyſit be the Romiſch Kirk and thair ſuppoſts. Attour, The ſaid noble Lord faithfullie promiſes to plant his whole kirks, quherof his Lordſhip hes the teinds in tack, poſſeſſioun, or vther- wayes, at the fight and concluſioun of my Lord Archbiſchop of Sanét An- droes, the Biſhop of Murray, and the Laird of Corſe, vnto whoſe modifi- catioun the ſaid noble Lord ſubmitts himſelfe, be the tenour of thir pre- ſents, giveand them power to modifie compleit ſtipends to the ſaids kirks; and as they ſalbe modified be them, he oblifehes him to make payment of the ſame to the Miniſters provydit or to be provydit to the ſaid kirks. And in reſpect of the premiſſes, the Aſſemblie ordainit the ſaid noble Lord to be abſolvit from the ſentence of excommunicatioun led and de- duceit aganis him befor: - Conforme quherto, the Right Reverend Father John Archbiſchop of Sanét Androes, Moderatour, in face of the haill Aſſemblie, abſolvit the 1616. UNIVERSALL KIRK OF SCOTLAND. I 131 ſaid noble Lord, George Marqueis of Huntlie, from the ſaid ſentence of excommunicatioun, led and deducit againſt him, and receivit him againe into the boſome of the Kirk. The quhilk day, the Generall Affemblie of the Kirk of Scotland pre- fentlie conveinit, having entrit in confideratioun of the cauſes of the de- fečtioun and falling away of many from the true religioun, and having found the lack of the competent manteinance to Miniſters not to be the leaſt cauſe of the evills, quhilk lyes vpon the ICirk preſentlie ; the ground and fundament quherof, for the moſt part, hes proceidit from the dilapida- tioun of benefices, with the quhilk if ſome ſolid ordour be not takin in tyme, the ſame is apparent to bring foorth greater evill and deſolatioun in this Kirk : And ſeeing that the Kings Majeſtie hes requirit, that ordour may be takin with the ſaids delapidatiouns, Therfor, in reſpect the ſame cannot be ſuddenly done, but will requyre ame lang tyme and mature de- liberatioun, the Aſſemblie hes givin, grantit and committit, lykeas they, be the tenour heirof, gives, grants, and committs thair full power and com- miſſioun to the brethren vnderwrytin; they are to ſay, the Reverend IFa- thers in God, John Archbiſchop of Sanét Androes, James Archiſchop of Glaſgow, Alexander Biſchop of Dunkeld, . . . . . . . . Alex- ander Biſchop of Murray, Patrick Biſchop of Roſs, William Biſchop of Gal- loway, Andro Biſchop of Brechin, Andro Biſchop of Orknay, Alexander Biſchop of Cathneſs, Adame Biſchop of Dumblaine, Andro Biſchop of Ar- gyle, Andro Biſchop of the Iſles, Patrick Forbes of Corſe, George Douglas, Miniſter at Cullen, Mr John Reid, Miniſter at Logie Buchan, Mr George Hay, Miniſter at Turreff, Doétour Hendrie Philip, Miniſter at Arbroth, Mr David Lindſay, Miniſter at Dundie, Mr William Scott, Miniſter at Couper, Doétour Robert Howie, Rećtor of Sanét Androes, Mr John Mitchelſone, Miniſter at Bruntiland, Mr Patrick Galloway, Mr John Hall, Mr William Struthers, Miniſters at Edinburgh, Mr Robert Scott, Miniſter at Glaſgow, Mr Edwart Hepburne, Miniſter at Haughe, Doétour John Abernethie, Mi- niſter at Jedburt, Mr William Birnie, Miniſter at Air, Mr William Erſkine, Miniſter at . . . . Giveand, grantand, and committand to them, or the moſt part of them, thair full powerand commiſſioun to conveine at Edinburgh, the firſt day of December mixt to come, in this inſtant geir of God 1616, and ther to take ordour with the dilapidatioun of benefices, and to ſett dowme ſolid grounds how the progreſſe of that miſcheife might be ſtayed, and to devyſe 1132 THE BOOKE OF THE 1616. vpon ſome meanes to recover and reſtore the eſtate of theſe benefices, quhilk be iniquitie of tyme hes bein lofit; and if neid beis, to call and per- few befor them theſe quho hes made the ſaids dilapidatiouns, and puniſch them therfor ; and as they fall conclude, the ſame to be ina&tit, and have the force of this preſent Aſſemblie : With power lykewayes to the ſaids Commiſſioners, or the moſt part of them, as ſaid is, to take ordour ament the planting of ſufficient and qualified Perſons in burrow tounes preſentlie vacand, and are not plantit at this preſent Aſſemblie: With power lyke- wayes to receive from the right Reverend Father, James Archbiſchop of Glaſgow, and Mr William Struthers, Miniſter at Edinburgh, the Canons of Church Diſcipline committit to thair charge, and to reviſe the ſamein, allow and diſſallow therof; and to direét a ſupplicatioun to his Majeſtie, defyreing that it wold pleaſe his Hienes to ratifie and approve the ſamein, and to warrant the printing therof be his authoritie Royall. [Theſe words following were added by the Archbiſhop : Item, Power to receive the books of Liturgie or Divine Service, allow and diſallow thereof, as they ſhall think expedient ; and the ſame being allowed, to cauſe publiſh the famine in print for the ſervice, within the Kirks of all the kingdom : As alſo to reviſe the Confeſſion of Faith pre- ſented to this Aſſemblie, and after mature deliberation to take order, that the ſame may be publiſhed : And in all theſe things to do as they will be anſwerable to God, and the Kings Majeſty, and the Church. C.] The new Confeſſion of Faith. We believe with our hearts and confeſs with our mouths theſe Articles of Religion following. That God is a Spirit immutable, eternal, infinit in power, in wiſdom, in goodneſs and glory; from whom, be whom, to whom are all things, in whom we live, in whom we have our being; who is one only God, and three Perſons, which are coeffential, coeternal, and coequal. The firſt is the Father, who is of none. The ſecond is the Son, who from all eter- nity is begotten of the Father. The third is the Holy Ghoſt, who from all eternity proceedeth from the Father and the Son. This glorious God from all eternity, out of his wiſdom and infinit knowledge, decreed all things that were after to be done. This God, before the foundation of the 1616. UNIVERSALL KIRK OF SCOTLAND. 1133 world was laid, according to the good pleaſure of his will, for the praiſe of the glory of his grace, did predeſtinat and eleēt in Chriſt ſome men arid angels unto eternal felicity; and others he did appoint for eternal condem- nation, according to the counſel of his moſt free, moſt juſt and holy will, and that to the praiſe and glory of his juſtice. In the beginning of time, when God created of nothing all things in heaven and in earth, viſible and inviſible, he made them very good; and above all things he made man and angels conform to his own image, in righteouſneſs and true holineſs: but ſome of the angels of their own free motive finned againſt God, left their original, forſook their habitation, and abode not in the truth, and thereby became damned devils. Then Satan abuſed the craftie ſerpent for his inſtrument, ſeducing our mother Eva ; ſhe tempted her huſband Adam : So both diſobeyed the commandment of God, and thereby made themſelves and their whole poſ. teritie the bondmen of Satan, ſlaves of fin, and heirs of eternal damnation. By this fall of Adam all his poſterity are ſo corrupted, from their con- ception and nativity, that not one of them can do, or will any thing truely acceptable to God, till they be renewed by the will and Spirit of God, and by faith ingrafted in Jeſus Chriſt. This our original and native corruption by regeneration in part is weak- ened and mortified ; yet it is finne indeed remaining in us, alwayes luſting againſt the Spirit, and tempting us to fin aétually, as long as we live. Albeit all mankind be fallen in Adam ; yet only theſe who are eleēted before all time, are in time redeemed, reſtored, raiſed, and quickned again, not of themſelves, or of their works, left any man ſhould glory: but only of the mercy of God through faith in Jeſus Chriſt, who of God is made unto us wiſdom and righteouſneſs, ſanétification and redemption; that according as it is written, He that glorieth, let him glory in the Lord. This then is life eternal to know the true God, and whom he hath ſent Jeſus Chriſt: whereas vengeance ſhall be taken on all them that know not God, and do not ſubjećt themſelves to the Goſpel of the Lord Jeſus Chriſt, by the obedience of faith. We believe, that the rule of this knowledge, faith, and obedience, yea and of the whole worſhip of God, and of all chriſtian converſation, is not the wit nor will of man, nor unwritten traditions whatſoever; but the wiſdom and the will of God, which is ſufficiently revealed in the Canonical 1134, THE BOOKE OF THE 1616. Scriptures of the Old and New Teſtament, which are Geneſis, Exodus, &c. excluſis Apocryphis. We believe, that the authority of the holy Scriptures is divine; for they are all of divine inſpiration, and have God for their author; their autho- rity depends upon God, and not upon man; they have power over all fleſh, and no creature has power, over them. We are abſolutely bound to believe them for their own teſtimony, which is the teſtimony of God himſelf ſpeak- ing in them ; and our faith dependeth not upon any external teſtimony of the Kirk witneſſing of them. All things neceſſary to ſalvation are con- tained therein ; all the doćtrines of the Kirk muſt be warranted be them ; all controverfies of the Kirk muſt be decided be them, as the lively and plain voice of God, who is ſupreme Judge in matters of faith and worſhip. We believe, that all points of faith and worſhip are ſo ſet doun in the Word of God, that what is obſcurely proponed in one place, is moſt clearly exponed in other places; neither receive we any interpretation of any Scriptures in theſe matters, which is not warranted be other Scriptures. Theſe holy writts are delivered be God to his Kirk, to make us wiſe unto ſalvation by faith in Jeſus Chriſt, whoſe perſon, office and benefits they moſt clearly and fully ſett furth unto us. The Lord Jeſus Chriſt is declared in Scripture to be the eternal Son of God, begotten from all eternity of the Father, by whom he created the world, by whom alſo he does ſuſtain and govern all things that he has made : And this Eternal Son of God, when the fulneſs of time came, was made man of the woman, of the tribe of Judah, and of the feed of David and Abraham, even of the bleſſed virgin Mary, by the Holy Ghoſt coming upon her, and the power of the moſt High overſhadowing her, by whoſe marvellous and divine operation, the Son of God was made man of a hu- man body and ſoul, and in all things like unto us, fin only excepted; and yet ſo he was made man, that he ceaſed not to be God; and ſo is God that he is alſo man, having both the matures, divine and humane, united together in a perſonal union; ſo that in ane admirable Perſon the two natures are diſtinét, and not confounded in reſpect of their effence, their eſſential pro- perties, and proper operations. And becauſe of the union of the nature of man in one perſon with the Son of God, Chriſt, God and Man, is to be adored and worſhipped of us: for to Chriſt, God and Man, all power in heaven and earth is given, and 1616. UNIVERSALL KIR.K OF SCOTLAND. 1135 he hath gotten a name above every name, that at the name of Jeſus ever knee ſhould bow. - The purity of the human nature of Chriſt is to be aſcribed to the ſuper- natural operation of the Holy Ghoſt, who ſeparated the ſeed of the woman from the natural corruption, and not to the purity of the virgin Mary his Mother : for ſhe doubtleſs was conceived and born in fin, and had need of her Son to be her Saviour, as well as other women. The Lord Jeſus Chriſt, as God and Man, is the Saviour of his Kirk, which is his body; and the fulneſs of him filleth all things; neither is there ſalvation in any other thing. This bleſſed Lord has fulfilled the whole law for us, to our behove, and in our place, both doing all that the Law requireth of us, and ſuffering the puniſhment due to our diſſobedience, even the curſe of the Law, and death of the croſs, whereby the fullfilling of the Law, our redemption was ſealed and conſummated. We believe, that as he died for our fin, and roſe for our righteouſneſs, ſo he aſcended to heaven, to prepare a place for us, and fitteth at the right hand of God, to make interceſſion for us, and is able perfeótly to ſave them that come to God by him; who albeit in his manhood he be ſo in the hea- ven, that he is no more in the earth; for the heavens muſt contain him, till he come to judge the quick and the dead ; yet in his Godhead he is ſo preſent every where, be his power ſuſtaining all things, and be his gracious Spirit direéting and governing his Kirk militant upon earth. We believe, that the Lord Jeſus Chriſt was appointed and anointed of the Father to be the King, and High Prieſt, and ſupreme Teacher of his Kirk. We believe concerning his Prophetical Office, that he is the only maſter and teacher of his Kirk, whom God be his own voice from heaven com- manded us to hear; who has revealed the whole will of the Father touch- ing our ſalvation; and what he has heard of the Father, he hath made known to us, ſpeaking nothing to his Kirk, which he did not before hear of his Father, that his Kirk might learn to receive nothing in faith and worſhip, which ſhe has not heard of him. As concerning his Prieſtly Office, we believe, that he is our only media- tor both of redemption and interceflion; and that, by the ſacrifice of him- ſelf once offered on the croſs, he has made a full ſatiſfaction for all our fins, and doth continually make interceſſion for us to God: And, therefore, 1186 THE BOOKE of THE 1616. we abhorr that ſuppoſed reiterating of the ſacrifice of Chriſt in the Maſſe; and we renunce all kind of interceſſion of Saints and Angels. - As concerning the Kingdom of Chriſt, befide his abſolute impire, whereby he ruleth all things, we believe him to be our eternal King, and only Head of his Kirk Univerſal : Neither he nor his Kirk hath any need of a Lievtenant Deput in his place; ſeeing he is preſent in his Kirk alwayes be his Spirit, powerfully working therein, calling, colle&ting, quickning and graciouſly ruling in her, be the Miniſtry of the Word and Sacraments, to the conſummation of the world. We believe, that our communion with Chriſt our Head is ſpiritual, by the Holy Spirit, which dwelleth powerfully both in the body, and in the Head, making the members conform to the Head ; and it is no ways cor- poral, or by any fleſhly receiving of his body. We believe, that, be vertue of this communion, Chriſt is ours, and we are Chriſts, and his ſuffering is our ſatiſfaction; and by it we have right, title and intereſt in all the benefits, which he did promerit and purchaſe to us by his ſuffering. We believe, that God juſtifies finners by remitting of their fins, and by imputing to them the righteouſneſs and obedience of Chriſt, whereby he fulfilled the whole Law in our place, both in doing the commandments thereof, and in ſuffering the curſe thereof, which was due to us becauſe of our diſſobedience. - - We believe, that that righteouſneſs, whereby we are juſtified before God, is not inherent in us, but in Jeſus Chriſt; and that it is freely given to us of Gods free grace, through our faith in Jeſus Chriſt. - We believe, that we are juſtified by faith, as it is an inſtrument appre- hending and applying the righteouſneſs of Chriſt to us, and not as it is a quality and vertue inherent in us; ſo that the meritorious cauſe of our juſtification is not in the faith which apprehendeth, but in the righteouſ- neſs of Chriſt be faith apprehended. We believe, that albeit we be not juſtified by good works before God, and can merit nothing at Gods hand; yet they are the way to the King- dom of God, and are of neceſſity to be done for obedience to God, for -glorifying of his name, for confirming ourſelves anent our election, and for good example to others: and conſtantly we affirm, that faith, which bring- eth not furth good works, is dead, and availeth nothing to juſtification or ſalvation. 1616. UNIVERSALL KIRK OF SCOTLAND. 1137 We believe, that the eleēt being renewed, are ſealed with the Holy Spirit of promiſe, in ſuch fort, that albeit they bear about in their fleſh the rem- nants of that original corruption, and albeit they offend through infirmity, and through the intiſements thereof fin grievouſly to the great offence of God : yet they cannot altogether fall from grace, but are raiſed again through the mercy of God, and keeped to ſalvation. Concerning the certainty of our ſalvation, we believe, that every one of us in particular ought to be fully perſuaded thereof, giving credit both to the external promiſe of the Word, and internal witneſs of the Spirit. And as for the doubtings thereof, which we often find in ourſelves, we doe not allow ; but contrariwiſe damne them, as the fruits of the fleſh fighting againſt our faith. We believe, that God has appointed his Word and Sacraments, as inſtru- ments of the Holy Ghoſt to work and confirm faith in man. We believe, that the Word of God ought to be preached and the Sacra- ments adminiſtred, and all divine ſervice, as praying and praiſing, in all languages known and underſtood by the people. We believe, that the Sacraments are certain viſible ſeals of Gods eternal covenant, ordained be God to repreſent unto us Chriſt crucified, and to ſeal up our ſpiritual communion with him. We believe, that the Sacraments are to be miniſtred only be them, who are lawfully called thereto be the Kirk of God. - We believe, that the Sacraments have power to confirm faith, and con- ferr grace, not of themſelves, or ex opere operato, or force of the external action; but only by the powerfull operation of the Holy Ghoſt. We believe, that there be only two Sacraments, appointed by Chriſt under the New Teſtament, Baptiſme, and the Lords Supper. We believe, that Baptiſm is neceſſary to ſalvation, if it can be orderly had : and that, therfor, not the want of it, but the contempt of it doth damne. - We believe, that Baptiſm ſealeth up unto us the remiſſion of all our fins, whereof we are guilty, either before or after our baptiſm. We believe, that Baptiſm is to be miniſtred fimply in the element of water, with the rite of dipping, waſhing, or ſprinkling, in the name of the Father, Son, and Holy Ghoſt, according to Chriſts inſtitution, without other element ºr ſacramental rites deviſed be men. 7 E 1138 t THE BOOKE OF THE 1616. We believe, that the Lords Supper is to be given to all communicants, under the elements of bread and wine, according to Chriſts inſtitution. We believe, that the elements of bread and wine in the Lords Supper, are not tranſubſtantiated, or changed in the ſubſtance of the body and blood of Chriſt; but that they are ſacraments of his body and blood, thus changing their uſe, but not their ſubſtance. - We believe, that the body and blood of Jeſus Chriſt are truely preſent in the holy Supper, that they are truely exhibit unto us; and that we in very truth doe participat of them, albeit only ſpiritually and by faith, not carnally or corporally. - - We believe, that the Lords Supper is a commemoration of the ſacrifice of Chriſt, which once offered did fully expiat our fins. With his one ſacri- fice, once offered, we are all fully content, neither doe we ſeek any other expiatory or propitiatory ſacrifice. But as for ſacrifices of praiſe and thankſgivings, the ſacrifice of a contrite heart, almes and charitable deeds, theſe we ought daily to offer, as acceptable to God in Chriſt Jeſus. We believe, that the ſacrifice and merit of Chriſt is not applyed to us, by the work of a ſacrificing Maſſe Prieſt; but by that faith, which is wrought in our ſouls by the Holy Ghoſt, whereby the ſacrifice and merit of Chriſt is applyed to us; and being applyed to us becometh our ſatiſfaction, attone- ment and merit. . We believe, that ſouls of Gods children, which depart out of this life in the faith of Jeſus Chriſt, after the ſeparating from their bodies, immediately paſs into heaven, and there reſt from their labours untill the day of judge- ment, at which time they ſhall be reunited with their bodies, and enjoy life everlaſting with Chriſt: Likeas the ſouls of the wicked immediately paſs to hell, there to remain till the day of judgment, which day, being conjoined with their bodies, they ſhall ſuſtain the judgment of everlaſting fire: and befides theſe two, a third place for ſouls we doe not acknow- ledge. - We believe, that there is an holy catholick or univerſal Kirk, which is the holy company of all theſe, who, according to the purpoſe of Gods eternal eleētion, ſince the beginning of the world, were called, and, to the end of the world, ſhall be called to the Kingdom of Chriſt, and to the communion of eternal life in him. -- We believe, that the true members of his Kirk are only the faithfull, who are choſen to life everlaſting. 1616. UNIVERSALL KIRK OF SCOTLAND. 1139 This Kirk we believe to be but one, and that out of it there is no remiſ- fion of fins to ſalvation. We believe, that this Kirk is partly triumphant in heaven, partly mili- tant on earth. The whole militant Kirk on earth is divided in many and diverſe and particular Kirks, which are viſible and conſpicuous to the eyes of men. We believe not, that all theſe particular Kirks on earth are pure, but theſe only which continue in the doćtrine of the Prophets and Apoſtles, according to the holy canonical Scripture, worſhipping God purely, and miniſtring the Sacraments according to the ſame. And theſe be the true marks, whereby a true viſible Kirk on earth may be diſcerned and known. As concerning the worſhip of God, we confeſs and affirm, that all reli- gious worſhip and ſervice is only to be given to God, as his proper due and glory, which he will communicat to no other ; believing firmly, that God is to be worſhipped only according to his own will, revealed in his Word. . - And, therfor, we abhorre all will worſhip, all invocation of Saints or Angels, all worſhipping of images, crucifixes, relićts, and all other things which are beſide the true God. We believe and confeſs, that God hath ordained Kings, Princes, and Magiſtrats, for the good of Commonwealth, for the better governing in the Kirk, and to be nurſe fathers of the ſame: And, therfor, that all their ſub- jećts are bound in duty to obey them in all things they command lawfully, not repugnant to the will of God; and that they are oblidged to pray for them daily, that under them they may lead a godly and peaceable life. We believe and conſtantly affirm, that the Kirk of Scotland, through the abundant grace of our Lord, is one of the moſt pure Kirks under heaven this day, both in reſpect of truth in doćtrine, and purity in worſhip : and, therfor, with all our hearts we adjoyn ourſelves thereto, and to the reli- gion publickly profeſſed therein by the Kings Majeſty, and all his true ſub- jećts, and authorized by his Majeſties laws; promiſing be the grace of God to continue therein to the end of our life, according to all the articles which are here ſett doun : Which as we believe with our hearts, ſo we confeſſe with our mouthes, and ſubſcribe with our hands; underſtanding them plainly as they are here conceived, without equivocation or mental reſervation whatſomever. So may God help us in the great day of Judg- ment. 1140 THE BOOKE OF THE 1617. A. D. MD.CXVII. [The General Aſſembly was indićted by open proclamation, and ſound of trumpet at the Mercat Croſs of Edinburgh, upon the 4th of No- vember 1617, to be holden at Sanét Andrewes the 25th day of that ſame month. The Erle of Montroſe was appointed be the King to be his Commiſſioner; but excuſed himſelf with ſickneſs by a letter ſent to the Counſell four or five dayes before the time appointed for the Aſſembly. The Counſell ſent the copy of the letter to the Biſhop of Sanét Andrewes. The Biſhop re- turned anſwer, that the Kings ſervice muſt not be neglected. So the Lords of the Secret Counſell gave commiſſion to my Lord Binning Secretar, my Lord Carnegie, my Lord Kilſyth, the Lord Advocat, and the Treaſurer Deputy, conjunétly, or to any three of them, to ſupply his place. After the reading of the Kings letter, wherein he willed them to con- form to his deſire, otherways declared he would uſe his own authority; the brethren of the Conference were choſen. There was ſome reaſoning; but the King and Biſhops purpoſe was withſtood, both in the Privy Con- ference and in the publick Aſſembly. The Biſhop defired that ſome brethren might be appointed to confider what ſhould be granted to give his Majeſty ſatiſfaction. Mr Patrick Galloway and four others were appointed for this purpoſe. They devyſed theſe overtures following. If any good Chriſtian, viſited with long ſickneſs, and known to the Paſtor, by reaſon of his preſent infirmitie, unable to reſort to the Church, for 1617. UNIVERSALL KIRK OF SCOTLAND. 1 141 receiving of the holy Communion; or being fick ſhall declare to the Paſtor upon his conſcience, that he thinks his fickneſs to be deadly, ſhall earneſtly deſire to receive the ſame in his houſe, the Miniſter ſhall not deny the ſame; ſo as lawful warning be given to him, at the leaſt twentie hours before, and that there be ſix perſons at leaſt of good religion and converſation, free of lawful impediment, preſent with the ſick perſon to receive ; who muſt alſo provide a convenient place in his houſe, and all things neceſſare for the Miniſters reverent adminiſtration thereof, according to the order preſcribed in the Church. To remeed the irreverent behaviour of the vulgar ſort, in receiving the holy Communion, it is found meet by this Aſſembly, that the miniſter him- ſelf ſhall in the celebration give the elements out of his own hand to every one of the Communicants, ſaying, when he giveth the bread, Take, eat, this is the bodie of the Lord Jeſus Chriſt which was broken for you ; do this in remembrance of him : and that the Miniſter exhort them to be thankful. And when he giveth the cup, Drink, this is the blood of Jeſus Chriſt ſhed for you; do this in remembrance of him : and that the Miniſter exhort them to be thankful. And to the end the Miniſter may give the ſame the more commodiouſly, he is by adviſe of the Magiſtrates, and honeſt men of his Seſſion, to prepare a table, at the which the ſame may be con- veniently miniſtred, and gravely to exhort his people, that they communi- cat reverently, and ſhew a humble and religious behaviour in the receiving of the ſame. Anent the remanent of the Articles proponed to the Aſſembly, the Aſ- ſembly after long reaſoning, in ſpecial anent preaching upon the dayes of the Nativity, Paſſion, Reſurreótion, Aſcenſion of our Lord, and deſcending of the Holy Spirit, having confidered, that a great number of Commiſſioners from Synods, Burrowes, and Gentlemen, in reſpect of the ſeaſon of the year, diſtance of the place, and ſhortneſs of the advertiſement, would not be preſent; and that the moſt part of thoſe who were aſſembled, are not reſolved fully in ſome of theſe points proponed; and that they are in all loyaltie and obedience moſt willing to give his Majeſty all ſatiſfaction, and have agreed and promiſed to inform themſelves anent the ſaid Articles, wherof they preſently ſtand in doubt, and to inſtrućt their people, elders and pariſhoners by all means, that all offence, which may be taken, may be removed, have thought good, that (beſide the two points, which are con- 1142 THE BOOKE OF THE 1617. cluded, eſpecially to give remonſtrance to his Majeſty of their moſt willing affection) the reſt of the ſaid Articles ſhall be continued to the next Aſſem- bly; and to that effect, that a moſt humble ſupplication may be direéted by his Majeſtys Commiſſioners, and the General Aſſembly, that it may pleaſe his Majeſtie of his gracious favour to grant a continuation, and to convocat an Aſſembly for decifion of the matters, at ſuch commodious times as his Majeſty ſhall think expedient. 1618. UNIVERSALL KIRK OF SCOTLAND. 1143 A. D. MD.CXVIII. The General Aſſembly holden at Perth the 25 of Auguſt 1618 : Where, for obedience to His Majeſties Proclamation, and parti- cular Miffiues, the following perſons conveened.* His Majeſties Commiſſioners, My Lord Binning Secretary, Lord Scoone, Lord Carnegie ; their Aſſeſſors, Sir Gideon Murray, Treaſurer Deput, Sir Andrew Kerr of Fernihirſt, Captain of the Guard, Sir William Oli- phant, the Kings Advocat, and Sir William Livingſtoun of Kilſyth: Noble- men, the Erle of Lothian, Lord Vchiltrie, Lord Sanquhar, Lord Boyd : Barones, Wauchtoun, Lutguharn, Glenurquhart younger, Clunie-Gordoun, Bonytoun-Wood, Weemes, Balvaird, Balconie, Balcarras, Balmanno, Bom- bie, Blackbarronrie, Lagg : Burgeſſes, for Edinburgh, David Aikenhead, George Foules; for Perth, James Aedie, Conſtant Malice; for Dundie, Mr Alexander Wedderburn younger, Robert Clayhills; for Aberdeen, Mr John Mortimer; for Stirline, Chriſtopher Alexander; for Sanét An- drewes, John Knox, Thomas Lentron; for the Univerſitie of Sanét An- drewes, Dočtor Bruce ; Biſhops, all except Argile and Iſles; Miniſters, Commiſſioners from Preſbytries. In the morning, Patrick Biſhop of Aberdeen preached a ſermon upon Ezra vii. 23. Whatſoever is commanded by the God of heaven, let it be diligently done for the houſe of the God of heaven: for why ſhould there be wrath againſt the realm of the king and his ſons. The other ſermon at * The proceedings of this Assembly have been taken from Bishop Lindsay’s “True Narra- tion,” &c.; and from Calderwood’s “Perth Assembly,” and his printed and manuscript Histories. 1144. THE BOOKE OF THE . 1618. ten hours was preached be John Archbiſhop of Sanét Andrewes, in the Little Church, on 1 Cor. xi. 16. But if any man ſeem to be contentious, we have no ſuch cuſtom, neither the churches of God. The Sermon ended, the Archbiſhop of Sanét Andrewes came to the Table, at which his Majeſties Commiſſioners, Noblemen, and other mem- bers of the Aſſembly, were fitting, and placed himſelf at the head of the table, in the Moderators chair beſide his Majeſties Commiſſioner. After prayer, the Archbiſhop calling for the ordinarie Clerke of the Aſſembly, was anſwered, That Maſter Thomas Nicholſon, who formerly ſerved the Church in that place, had demitted his office in favour of Maſter James Sandelands Aduocate : This he notified to the Aſſembly, as that which he had vnderſtood before, and ſhewed that the ſaid Maſter James was a man ſufficiently qualified for the place, of good report, and one that by his education and pleading might further the particular buſineſſe of Miniſters before the Seſſion. He deſired the Aſſembly to confider what was fitteſt to bee done, and aduiſe whether they would receiue the ſaid Maſter James in the others place or not : The voyces of his Maiefties Com- miſfioners, the Noblemen, Biſhops, and diuers of the Miniſters being aſked, they all without exception agreed to his receiving. And the ſaid Maſter James being recalled (for while the voyces were aſked, he was remoued) had an oath miniſtred vnto him, for his diligent and faithful diſcharge of that ſeruice. The ſaid Maſter James Sandelands being admitted, command was giuen to all that had intereſſe in the ſaid Aſſembly, to giue in their commiſſions to him before the next fitting; and nomination was made of certayn for the Conference, according to the order kept in other Aſſemblies; in which beſides the Biſhops, Noblemen, Barons, and Commiſſioners of Burrowes, the moſt wife and learned of the Miniſtrie were named indifferently, with- out any reſpect had of their opinions and priuate inclinations. At this time it was moued by Mr George Grier, Miniſter at Hading- toun, That the libertie of the Church might bee kept in the chooſing of a Moderator; which the Archbiſhop of Sanét Andrewes repreſſed, ſaying to the proponer, That he did not expect him to be a trowbler of the Church, and the buſineſſe thereof; and that the Aſſembly was met within the bounds of his charge, wherein ſo long as he ſerued, he truſted none would uſurp; at which he kept filence : and ſtreight wayes aroſe another, who aſked whether all the Noblemen and Barons preſent ſhould have voyce, or 1618. UNIVERSALL KIRK OF SCOTLAND. 1145 not, and if the whole Miniſters that were met there, ſhould haue voyces alſo : The Archbiſhop of Sanét Andrewes anſwered, that the order ob- ferued in former Aſſemblies ſhould here be kept, and no Miniſters have voyce that lacked a commiſſion: But as for Noblemen, and Barons who were come thither vpon his Majeſties miſfiues, he truſted none there would denie them voyce, ſpecially fince in the Aſſembly that proceeded at Sanét Andrewes, it was one of the reaſons they made for differring the conclu- ſions of matters, That none of the Noblemen, or Barons were then preſent to aſſiſt the proceedings of the Church. It was deſired alſo, that the Articles to bee entreated, might bee extend- ed in ſuch forme, as his Maieſtie defired them to paſſe, and that ſome might be ſet apart to colle&t the reaſons that ſhould be proponed, for, or againſt the Articles, that the whole Aſſembly might have the cleerer information. To this it was anſwered, that the Conference was to conſider of theſe things, and what might ſerue beſt to prepare matters for the whole Aſſembly. The Archbiſhop commanded his Majeſties letter which was preſented by Dočtor Young Deane of Wincheſter, and direéted to the Aſſembly, to be publickely read : The Tenor whereof followeth. James Rex, Right reuerend Fathers in God, Right truſtie Couſins, and Counſellors, and others our truſtie and welbeloued ſubieóts, We greet you well : Wee were once fully reſolued, neuer in our time, to haue called any moe Aſ- ſemblies there, for ordering things concerning the policie of the Church, by reaſon of the diſgrace offered vnto Us in that late meeting at Sanét An- drewes, wherein Our juſt and godly deſires were not onely negle&ted, but ſome of the Articles concluded in that ſcornfull and ridiculous forme, as we wiſh they had been refuſed rather with the reſt: Although at this time We ſuffered ourſelfe to be intreated by you our Biſhops, for a new Conuo- cation, and have called you together, who are now conuened for the ſelfe ſame buſineſſe which then was vrged; hoping aſſuredly, that you will haue ſome better regard of our deſires, and not permit the unruly and ignorant multitude, after their wonted cuſtome, to ouerfway the better and more ju- dicious fort; an euill which we have gone about with much paines to haue amended in theſe Aſſemblies, and for which purpoſe according to Gods ordinance, and the conſtant pračtiſe of all well gouerned Churches in all ages, Wee have placed you that are Biſhops and ouerſeers of the reſt in the 7 F 1146 THE BOOKE OF THE 1618. chiefeſt roomes. You plead much, Wee perceiue, to haue matters done by conſent of the Miniſters, and tell Us often, that what concernes the Church in generall, ſhould be concluded by the aduiſe of the whole, neither doe Wee altogether diſlike your purpoſe : for the greater conſent there is amongſt your ſelues, the greater is Our contentment. But Wee will not have you to thinke, that matters proponed by Us of that mature, whereof theſe Ar- ticles are, may not without ſuch a generall conſent be enjoyned by Our authoritie: This were a miſknowing of your places, and withall a diſclaym- ing of that inmate power, which We haue by our calling from God, by the which Wee haue place to diſpoſe of things externall in the Church, as Wee ſhall thinke them to be comuenient, and profitable for aduancing true lèe- ligion amongſt our Subie&ts. Therefore let it be your care by all manner of wife and diſcreete perfowafions to induce them to an obedient yeelding wnto theſe things, as in dutie both to God, and Vs, they are bound: And doe not thinke, that We will be ſatiſfied with refuſes, or delayes, or miti- gations; and We know not what other ſhifts have beene proponed: for Wee will content Ourſelues with nothing, but with a ſimple and direct ac- ceptation of theſe Articles in the forme by Vs ſent vnto you, now a long time paſt; conſidering both the lawfulneſſe, and vndeniable conueniencie of them for the better furthering of pietie and religion amongſt you. And it ſhould have rather becommed you, to have begged the eſtabliſhment of ſuch things of Vs, then that Wee ſhould thus neede to be put to vrge the prac- tiſe of them vpon you. Theſe matters indeede concerneth you of the Ec- cleſiaſticall charge chiefly. Neyther would Wee haue called Noblemen, Barons, and others of our good Subieóts, to the determining of them, but that Wee vnderſtand, the offence of our people hath beene ſo much obie&t- ed; wherein you muſt beare with Vs to ſay, That no Kingdome doth breed, or hath at this time, more louing, dutifull, and obedient ſubieóts, then Wee haue in that our native Kingdome of Scotland; and ſo if any diſpoſition hath appeared to the contrarie, in any of them, the ſame We hold to have proceeded from amongſt you : Albeit of all forts of men, yee are they, that both of duetie were bound, and by particular benefits obliged, to have continued yourſelues, and by your ſound doćtrine and exemplarie life, kept others in a reuerend obedience to our commandements. What, and how many abuſes were offered Vs by many of the Miniſtrie there, be- fore our happie comming to this Crowne, though we can hardly quite for- get, yet We little like to remember. Neither thinke We, that any Prince 1618. UNIVERSALL KIRK OF SCOTLAND. 1147 liuing could haue kept him ſelfe from falling in vtter diſlike with the Pro- feſſion it ſelfe, confidering the many prouocations that were giuen vnto Vs; but the loue of God and his truth ſtill vpheld Vs; and will by his grace fo doe vnto the end of our life : Our patience alwayes in forgetting, and forgiuing many faults of that fort, and conſtant maintaining of true Religion againſt the adverſaries (by whoſe hatefull pračtiſes We liue in greater per- rill then you all, or any one of you,) ſhould haue produced better effects amongſt you, then continuall reſiſtance of our beſt purpoſes. Wee wiſh Wee be not further prouoked, and Gods truth, which you profeſſe, of obedience vnto Principalities and Powers, bee no longer neglected, and ſlandered by ſuch as, vnder the cloake of ſeeming holineſſe, walk vnruly amongſt you, ſhaking hands as it were, and ioyning in this their diſobe- dience vnto Magiſtracie, with the vpholders of Poperie. Wherefore, our heartie deſire is, that at this time you make the World fee by your pro- ceedings, what a dutiefull reſpect and obedience you owe to Vs, your So- uereigne Prince, and naturall King and Lord ; that as Wee in loue and care are neuer wanting vnto you, ſo you in an humble ſubmiſſion vnto our ſo juſt demands, be not found inferiour to others our ſubječts in any of our Kingdomes; and that the care and zeale of the good of Gods Church, and of the advancing of Piety, and Truth, doth chiefly incite Vs to the follow- ing of theſe matters; God is our Witneſſe : The which, that it may be before your eyes, and that according to your callings you may ſtriue in your particular places, and in this Generall Meeting, to do theſe things which may beſt ſerue to the promouing of the Goſpel of Chriſt, euen our prayers are earneſt vnto God for you : Requiring you in this and other things to credit the bearer hereof, our truſtie Seruant and Chaplaine, the Deane of Wincheſter, whom We have expreſſly ſent thither, that he may bring vnto Vs a true relation of the particular carriages of all matters, and of the happie euent of your Meeting, which by Gods bleſſing (who is the God of Order, Peace and Truth) Wee doe certainly expect; vnto whoſe gracious direétion Wee commend you now and for euer. Giuen at Theobalds, the 10 Julij 1618. This Letter being once read, and again : The Archbiſhop proteſted that neither he, nor the Kirk of England had craved theſe novations, nor given counſel thereanent, and it was againſt his will that ever they were men- :tioned ; yet that now he is perſwaded, that his Majeſtie will be more glade 1148 THE BOOKE OF THE 1618. of the conſent of this Aſſembly to the five Articles, than of all the gold of India. The Archbiſhop then deſired Dočtor Young to ſpeake, if ſo hee had any thing to ſay for ſeconding the Letter, whereof he was Meſſenger. And his words were theſe that followes. Moſt Honorable, moſt Reverend, right Worſhipfull, and dearly beloued : It might well become me, according to the example of Elihu in the Hiſto- rie of Job, in preſence of ſo wife, ſo graue, ſo religious, and learned an Aſſembly, to wait in filence till the more ancient in years had ſpoken : but that I know that the Souereigne Maieſtie of our gracious Lord and Maſter the King, who hath regarded ſo much the lowlineſſe of his ſeruant, as to ſend me vnto you at this time, to be the meſſenger of his will and pleaſure, now openly read in your ears, will procure attention vnto a few words, which ſhall be vºtered with the vprightneſſe and ſinceritie of a heart wholy de- uoted, as vnto the glory of God, and honour of our great Maſter the King ; ſo to the happy, free, and flouriſhing eſtate of this Church and Kingdome, wnto which I am tyed by ſo many ſtrong bands; that Moſes the friend of God, and Paul that choſen veſſell of Chriſt, who are recorded in the holy Scriptures to haue exceeded in their affection to the people of Iſrael, their deare countreymen, did not in that owe more vnto them, then that which you all wel know I owe vnto you; and would to God I were as able to pay ſo iuſt a debt, as I am, and euer ſhall be moſt ready and willing to ac- knowledge it; Hic amor meus pondus meum : for from this loue and du- tie I owe vnto this place of my firſt and ſecond birth, (God hee beſt knowes) how the ſorrowes of my heart haue bin inlarged, ſince the time of the laſt Generall Aſſembly at Saint Andrewes, to hear ſuch words of indignation and juſt diſpleaſure, ſo often to proceed out of the mouth of ſo good and ſo gracious a Prince, like Moſes the meekeſt man vpon the face of the earth : Sed verendum etiam atque etiam quo exeat patientia tam ſaepe laeſa: Words ſpoken againſt theſe that are called to be Miniſters, Embaſſadors of peace, and patternes of pietie and obedience; vttered in the ears of them, who labour indeed, as it becommeth ſo loyall and louing ſubie&ts, by their humble and dutifull obedience vnto his ſacred Maieſtie, to outſtrip thoſe that went before them ; and albeit they haue the laſt, yet not to haue the leaſt portion in our Davids loue. But as then with all good and well af. fected men I much grieued, ſo now I heartily rejoyce and praiſe God, that 1618. UNIVERSALL KIRK OF SCOTLAND. 1149 notwithſtanding of all that is paſt, I haue liued to ſee this day a Generall Synod once more of the Church of Scotland, called by the authority and expreſſe command and pleaſure of our Souereigne Lord the King, which is the only true and beſt meanes indeed, vſed in all ages for extirpating of all Sečts, Errors, and Herefies, and for the planting of truth, and good order in the Church of Chriſt. And I pray God, that all things at this meeting may, by the dire&tion of Gods good Spirit, and by your Wiſdomes, be ſo carryed, that you abridge not your ſelues and poſterity of ſo great a bleſling, and procure that not only theſe things which are now required, but that other things more difficult bee injoymed and enforced vpon you, vpon ſtrićt penaltie by Supreme Authority. And therefore I deſire (as I am ſent to that purpoſe) with the Apoſtle Titus 8. to put you in remembrance, that you bee ſubie&t to Principalities and Powers, and that you bee obedient, and ready to euery good worke : to put you in remembrance, that, by the great bleſſing of Almightie God, you haue to doe with ſo wiſe, ſo potent, ſo religious, ſo learned a Prince, the matchlefſe mirror of all Kings, the nurſing Father of his Church; that he whoſe wiſdome and authoritie is, in the com- poſing of all differences both Eccleſiaſtical and Ciuill, ſo much required, re- ſpected, and admired, not only by his own people of his other Kingdoms, but by all good Chriſtians of forrein Nations throughout the Chriſtian world, may not ſeeme to be neglected by you his native fubieóts at home; and you eſpe- cially of the Miniſterie, who ought to be examples and patternes of obedience wnto others, you whom he hath ſo infinitely obliged by his ſo great bountie and conſtant loue: To put you in remembrance, that as with no ſmalldiſreputation wnto his Maieſtie, and diminution as it were of his princely authoritie, in the iudgment and fight of the world, whoſe eyes are bent vpon theſe proceedings, he hath granted you ſo long time, by your Chriſtian and godly endeuours with your ſeverall flockes (whom you are toleade, and not to be led by them) to re- moue(as you promiſed both to his Majeſty being here amongſt you, and againe confirmed at your laſt Generall Synod,) all thoſe ſcandals, which might betaken by the more ignorant and vnaduiſed fort of your people, to whom all innoua- tions, though to the better, may ſeeme at the firſt ſomewhat ſtrange: ſo that now you would bee carefull, as much as in you lyeth, to take away that more dangerous and open offence and ſcandal, which by your delay, and refuſall of obedience, you ſhall caſt vpon the ſacred perſon of our Soueraigne Lord the King, the moſt conſtant and zealous Protećtour and Defender of that Faith and Truth, which wee all profeſſe, and for the which 1 150 - THE BOOKE OF THE 1618. he hath ſuffered ſuch open gaineſaying of the aduerſaries thereof, the limbes of Antichriſt; as if hee, who hath laboured ſo much to exalt the glorie of this Nation farre aboue all his predeceſſours in the eyes of the World, now going about moſt of all to humble vs vmto our God, and in the performance of the Aét of greateſt deuotion, according to his owne example, to bring vs vmto our knees, did in ſo doing any way vrge his fubiects to any thing, which might fauour of Superſtition or Idolatrie : To remoue the ſcandall from thoſe who are in authority amongſt you, and are ſet ouer you in the Lord, who by their dutifull obedience vnto God, and their Soueraigne, haue alreadie, both by their doćtrine and pračtice, commended thoſe things, which now are required of you, to be both lawfull and expedient : To take away that ſcandall and aſperſion, which by the ſeeming reaſons of your former refuſall, or delay, you haue caſt vpon others ſo glorious reformed Churches, as if the Holy Ghoſt, and Spirit of reformation had beene giuen onely to, and ſolely reſted vpon you : To remoue that notorious and pub- lique ſcandall, which by the fierie and turbulent ſpirits of ſome few priuate men, lyeth heavie vpon the feruent and zealous Profeſſours of the glorious Goſpel of Chriſt, as if they alſo were diſobedient vnto Magiſtracie, and in this did ſeeme to ioyne hands with the maine vpholders and pillars of Po- perie. It hath wounded the ſpirits of good men to hear it often ſpoken, Nec dicatur (utinam amplius) Gathi, et in plateis Aſkelonis; nay to ſee it in print, that Herod and Pilate were now reconciled again, if not contra Chriſtum Dominum, yet contra Chriſtum Domini : Laſtly, to preuent that lamentable miſerie and calamitie, which God in his juſtice might bring vpon this Church, in that you regarded not the bleſſed time of your viſitation, and deſpiſed the long ſuffering and great goodneſſe of God, and of ſo boun- tifull and gracious a Soueraigne. And ſo to conclude, (for to ſtand now upon particulars were but actum agere, and you need no gleanings after ſo plentifull an harveſt, or the light of a candle being inlightned by the cleare beames of the funne,) with that of Naamans ſeruants, 2 Kings 5. Vnto their Lord and Maſter : Father, if the Prophet had commanded thee a greater matter, ſhouldeſt thou not haue done it? &c. So, right reuerend Fathers and Brethren in Chriſt, if our moſt gracious Soueraigne Lord, who hath dome ſo much for you, had commanded you greater things, ſo long as they might ſtand with the will of God, and in no waies be repugnant vnto the ſame, (for in that caſe indeed, the Apoſtles rule holds inuiolably true, &et reiðapxety 0ew ſwaxNov 7 avópwrots, that we muſt rather obey God, then men) ſhould you 1618. UNIVERSALL KIRK OF SCOTLAND. 1151 not haue beene readie yourſelues, and by your doćtrine and pračtiſe haue induced others to obedience 2 much more then, when he requireth of you but theſe few neceſſarie things, neceſſary and expedient for the glorie of God, for the aduancing of pietie amongſt you; for the honour and due ſatiſfačtion vnto our Soueraigne Lord the King ; for the happy eſtabliſhing of order, peace, vnion, and loue amongſt your felues, and in theſe vnited Kingdomes. Therefore let me beſeech you in the bowels of Chriſt to giue all their due, Quae Caeſaris, Caeſari, quae Dei, Deo. And as Conſtantine the Great (as Euſebius hath it) wrote vnto his Churchmen, that troubled his peace and other weightie affaires, with their contentious humours; ſo let me intreat you in the behalfe of our Conſtantine, Qui dum rogat, jubet: Date illi dies tranquillos, et noćtes curae et moleſtiarum expertes; that ſo he may with much ioy and contentment of heart, yet once more, as he propoſeth, if not often, viſit your coaſts, and thoſe places which his ſoule loueth ; and that this poore Church, and his natiue Kingdome, may be made euer more and more happie by his comming, and long, peaceable, and proſperous reigne : And God and men ſay Amen vnto it. Amen: Amen. - The Miniſters defenders of the eſtabliſhed order, required four things. 1. That none be admitted to vote, but ſuch as were authorized by lawful Commiſſion. The Archbiſhop anſwered, his Majeſty had written to Noble- men and Barrones, willing them to be preſent at this Aſſembly: If any man had any exception againſt them, they ſhould be heard. It was replied, that they were not to except againſt their honorable perſons or preſence; but earneſtly to crave, that the order of the Church might be obſerved, whereby it is provided, that without Commiſſion none have place to vote in General Aſſemblies. 2. That the libertie of the Church be not broken in the eleētion of the Moderator, and that a lawful leet be made to that effect. It was anſwered by the Archbiſhop, that this Aſſembly is convocat within the bounds of his Diocie; he would underſtand, who would take his place over his head. 3. That the Articles, proponed in ſhort and general ſummes, might be put in forme, and amply extended, as his Majeſty would have them enaćted, that they be the better adviſed on and confidered. The Archbiſhop an- ſwered, let alone theſe toyes, trouble us not with needleſs queſtions; we ſhall ſpeak of theſe things in the Privie Conference. 1152 THE BOOKE OF THE 1618. 4. That ſome of either opinion may be ſet apart to colleót, and put in order the reaſons of either ſide, for the more ſure and eaſie information of the Aſſemblie. The Archbiſhop rejećted this alſo, as impertinent. The Archbiſhop proceeded to the nomination of the Privie Conference, before that the Clerk had received the Commiſſions. There was choſen to be upon the Privie Conference, the Kings Com- miſſioners, and Aſſeſſors, the Erle of Lothian, the Lord Ochiltry, the Lord Sanchar, the Lord Boyd: Barons Waughton, Weymes, Balcolmie, Bogie, Clunie, Glenvrquhart, Balcarras, Lagge, Balmanno, Bonintoun : Miniſters, Mr Patrick Galloway, Mr Henry Blyth, Mr John Weymes, Mr George Grier, Mr John Carmichael, Mr William Scott, Mr Alexander Gladeſtanes Archdean of Sanét Andrewes, Dočtor Philip, Dočtor Strang, Dočtor Bruce, Mr John Hay Parſon of Ranfrew, Mr Thomas Muirhead, Mr Michael Wallace, Mr Thomas Ramſay, Mr James Knox, Mr Robert Hen- riſon, Mr John Guthrie, Mr John Malcolm, Dočtor Forbeſs, Mr George Dowglaſs, Mr Patrick Dumbar, Mr James Biſhop, Mr George Chalmers, Mr James Simſon, Mr Robert Sommer, Mr David Lindſay, Mr David Monro, Mr Archbald Moncrieff, Mr James Burdoun, Mr John Mackenzie, Mr John Mitchelſon, Mr Patrick Shaw, Mr James Hammilton Dean of Glaſgow, Dočtor Hammilton : The Commiſſioners of Edinburgh, Perth, Dundie, Aberdeen, Glaſgow : And all the Biſhops. After the ſaid nomination, the Conference was appointed to conveen at three afternoon; and the Aſſembly at eight hours to-morrow morning. [Tueſday at afternoone.] The Conference conveened at three afternoon. After Prayer, the Kings Letter was read againe. Then the Archbiſhop requeſted them to confider, by what means matters might moſt eaſily be brought vnto a point. He ſaid that there appeared but two wayes: One whereof was by diſputing the Articles, which was likely to conſume a long time, and breed irritation, rather than any contentment elſe : The other was by a calme and wiſe conſultation to conſider how the ſaid Articles might be receiued in all the Churches with leaſt offence, and conclude the ſame ; ſpecially ſince they 1618. UNIVERSALL KIRK OF SCOTLAND. 1153 had promiſed in the laſt Aſſembly to reſolue themſelues and others, of the equitie of the points required; and which they like beſt, he deſires them to chooſe. He affirmed, that four Articles were already concluded in the Aſſemblies holden laſt at Aberdeen, and Sanét Andrewes, howbeit not in forme as his Majeſty required ; and that kneeling only reſted to be conſented to. To prove his allegeance, a minute was read, containing the points conferred on at the places foreſaid, and no farther evidence was produced. He added that his Highneſs altogether refuſed the cautions and conditions added by the ſaid Aſſemblies, as fruſtrations of his intention. He affirmed his Ma- jeſty was ſtill offended at the Affembly holden at Sanét Andrewes : for removing of that offence, he would have had the Article of kneeling put to voting in the Conference without reaſoning. The greater part eſteeming, that ſuch as were contrary minded, would never receiue ſatiſfaction, vnleſſe matters were firſt reaſoned ; and that it ſhould bring a fore imputation vpon the Aſſembly to conclude any thing, which had not been firſt debated by arguments, vrged the diſputing of the Articles, which was of the reſt condeſcended vnto. Then it being pro- poned, if they would take the ſaid Articles in order, or beginne with the moſt controverted, they agreed vniformly to treat of kneeling at the receiu- ing of the holy Sacrament in the firſt place, hoping that ſatiſfaction being giuen in that Article, the leffe ſcruple ſhould be made to the reſt. So according to the order, two were named to diſpute that Article, to wit, Dočtor Henrie Philip and Dočtor William Forbes for the one fide; and Maſter William Scot and Maſter John Carmichael for the other: Theſe two laſt named, after a graue proteſtation made of their unwillingneſſe to be heard oppoſing to any matter, for the which his Maieſtie ſeemed ſo ear- neſt, excuſed themſelues by the neceſſity of the commandment, and their owne reſolutions, which they held to bee well grounded, wiſhing that no offence might be taken at their ſpeeches, which they ſhould be carefull of, and ſay nothing but with that reuerence which become them in ſo hon- ourable an hearing. And then adding, that the contrary order had beene long kept in this Church with great profit, and the comfort of many good Chriſtians: if now any would preaffe to aboliſh that which had been in force, and draw in things not yet receiued, they bee holden to prooue, eyther that the things vrged were neceſſary and expedient for our Church; or the order hitherto kept, not meet to be retained. And for this purpoſe 7 G 1154, THE BOOKE OF THE 1618. they alleadged a paſſage of Maſter Hooker, in his Preface before the Bookes of Eccleſiaſticall Policie, wherein hee craues, that ſuch as ſeeke the refor- mation of Orders Eccleſiaſticall in the Church of England, ſhould content themſelues with the opponents part, and be fubieót to prooue theſe two things mentioned. It was replyed, that the difference of their cafe and ours was great : for there a few priuate men deſired the Laws publickely eſtabliſhed to bee inuerted, and it was good reaſon, that ſuch ſhould bee put to their confirmation of what they proponed : but heere the Prince, that by himſelfe had power to reforme ſuch things as were amifle in the outward policie, required to haue the change made : and therefore it con- cerned them to bring reaſons, why his Maiefties propoſitions ought not to bee granted. This they declined for a great while, ſtill proteſting the reuerence they beare to his Maieſties commandments; and without men- tioning that which they would not oppoſe in Theſi, they wiſhed this queſ- tion to be reaſoned : Whether kneeling, or fitting at the Communion were the fitter geſture. It was anſwered, that the queſtion could bee no other wayes proponed then thus: His Maieſtie deſires our geſture of fitting at the Communion to be changed into kneeling: Why ought not the ſame to be done 2 If it could bee ſhewed by the Word, or by any neceſſary conſequent deduced out of the ſame, that his alteration craued, ought not to bee granted, be- cauſe impious or vnlawfull, that ſhould be enough humbly to decline the defire: and if otherwayes they could bring no argument to the contrary, a neceſſitie lay vpon vs to obey. - An houre or more was ſpent in ſuch ſpeeches, they declining ſtill to giue any argument, and offering themſelues to anſwer ſuch reaſons, as any man would propone for the alteration deſired : whereupon the Archbiſhop of Saint Andrewes ſaid, that if none would reaſon, he would put the Articles to voyces. Then they proponed, that reaſoning ſhould bee publicke, and in face of the whole Afſembly: It was replyed, that nothing ſhould be in Conference concluded to the preiudice of the Aſſembly; alwayes matters muſt firſt be brought to ſome point in the Conference, and thereafter proponed to the whole number, who ſhould be heard to reaſon of new, if he liſted. Hereupon they reſolued to fall into diſpute, and firſt, Maſter John Car- michael brought an argument from the cuſtome and pračtice of the Church of Scotland, which had beene long obſerued, and ought not to be altered, 1618. UNIVERSALL KIRK OF SCOTLAND. 1155 except the inconuenience of the preſent order were ſhewed, and the defired geſture qualified to bee better. It was anſwered, that however the argu- ment held good againſt the motions of priuat men, yet his Maieſtie requir- ing the pračtice to be changed, matters behoued to admit a new confidera- tion; and that becauſe it was the Prince his priuiledge, that had the con- ſeruation and cuſtodie, as well of the Church, as of the Commonwealth, to call in queſtion Cuſtomes and Statutes which he perceiued to breed any inconuenience in the ſtate, euen by himſelfe, it could not bee denyed, that in a Church Aſſembly, ſuch as that was, his Maieſtie might lawfully craue an innouation of any Church Rite, which hee eſteemed not to be conue- nient for the time. From this argument, they went to another of Chriſt and the Diſciples fitting at the firſt inſtitution ; in diſcuſſing whereof, they were brought to acknowledge the geſture not to bee of the eſſence of the Sacrament, but alterable at the diſcretion of the Church : Only they held the cuſtome for- merly receiued to bee the better. This was the proceeding of the firſt Conference, wherein becauſe matters could not be brought to any point, continuation was made to the morrow after, and they warned to meete again at eight of the cloke in the morning. Wedneſday the 26 of Auguſt. The Conference being met as was appointed, after inuocation of the Name of God, the Reaſoners were deſired to proceed where they had left the night before, and not to trifle time with ſpeeches of ſmall conſequence. The reaſoning continued from eight vnto eleuen of the cloke. And when the whole reaſons proponed by the two forenamed, were in the iudgement of all men ſatiſfied; others were required, and had place giuen them to propone their arguments alſo, which was done in good order, and with ſuch modeſtie as could be wiſhed. The Archbiſhop defired theſe of the Conference, to giue their iudgement in the matter reaſoned. They opponed, that the cuſtome was not to vote in Conference any matter, before it were brought to the full Aſſembly ; but it was proued otherwiſe by theſe who had frequented the Afſemblies, both of old and in the latter times; as likewiſe it was told them, that theſe 11.56 THE BOOKE OF THE 1618. Conferences reſembled the meeting of the Lords of Articles in Parliament, where matters are accuſtomed to bee prepared and put in order, before they bee proponed to the whole State: and that the voting in Conference was by way of aduice onely, and not to determine; the power whereof be- longed onely to the Aſſembly. This being acknowledged by the whole number to bee ſo, they offered that were preſent, to giue their owne iudge- ment without preiudging the Aſſembly; as accordingly they did : The whole number, ſome ten or eleuen excepted, declaring that by the reaſons proponed, or any thing elſe they conceiued, they could not deny, but a change might bee made of the geſture in receiuing the holy Sacrament; and that it ſeemed conuenient for the Church to embrace the Article pro- poned by his Maieſtie about kneeling, in regard of his deſire and reſolution to haue the ſame forme here eſtabliſhed. - After the aduice concluded to bee giuen to the Aſſembly in this point, it was thought meet, that the Article preſently reaſoned, with the other Arti- cles proponed by his Maieſtie, ſhould all of them be formed in the beſt and moſt agreeable words that could be deuiſed, for remouing all offence that might bee taken at the ſame, and no aduantage giuen to the aduerſaries of the Truth: and to this effect were named ſome graue and wife Brethren, who were deſired to haue the ſame in readineſſe at four of the clocke in the afternoone ; it being thought meit, that the full Aſſembly ſhould not meet before Thurſday again, at which time all might be prepared. Wedneſday at afternoone. Albeit the meeting of the full Aſſembly was deferred to the next day, yet that afternoone, the whole number thronging in, whether that they were not aduertiſed of the delay, or that they deſired to bee preſent with the Conference, came thither; which the Archbiſhop perceiuing, he tooke occaſion to excuſe the delay of meeting with them, declaring how farre they had proceeded, and that the Conference had committed the Articles to bee formed vnto certayne Brethren, who were at that time to preſent them ; and therefore deſired they ſhould haue patience till the morrow, and leaue the Conference for that time by themſelues, which they did. How ſoone they were remoued, theſe who were appointed to forme the Articles, being inquired what they had done, anſwered, That they had 1618. UNIVERSALL KIRK OF SCOTLAND. 1157 formed the Article about kneeling, but had no leiſure to conſider of the reſt: This being read, which they had put in forme, was well liked of, and they required to haue the reſt in readineſſe at the time of the Aſſemblies meeting the next day. The reſt of that afternoone was ſpent in the deuiſing of ſome overture for the reſtraining of Simony, to bee proponed to the whole Aſſembly, which the next day after was by vniuerſall conſent allowed : As likewiſe, the Commiſſion for the planting of the Church of Edinburgh; and the forming of the Booke of Common Prayers; and extraćting of the Canons of the Church. And thus ended this Conference. Thurſday the 27 of Auguſt. That day being an ordinary day of preaching, a Sermon was made by the reuerend Father in God William late Biſhop of Galloway. The Aſſembly being met in full number, to take ſome concluſion in the buſineſſe, for which they were conuened, after inuocation of the Name of God, it was declared vnto them, that by the labours of the Conference in their private meetings, the Articles proponed by his Majeſtie were brought and reduced into that forme, as it reſted for the Aſſembly to confider, whether or not the ſame ſhould be receiued in our Church ; and to moue them the rather to condeſcend, his Maiefties reſolution to haue the Articles receiued, was declared, and how no other anſwere could ſatiſfie, but granting of the ſaid Articles. They were likewiſe remembered of their promiſes made to his Maieſties ſelfe at Saint Andrewes, and in the laſt Generall Aſſembly, and had the lawfulneſſe, and indifferencie of theſe mat- ters at length of new expounded vnto them ; neither was any of their com- mon pretexts left vnanſwered, place being giuen to all that would reaſon againſt any one of the Articles, to doe the ſame. And while ſome of them inſiſted by long ſpeeches to haue a continuation made of matters to another Aſſembly, and a ſupplication ſent to his Majeſtie for ſome longer delay, his Highneſſe Commiſſioners hauing vrged a preſent anſwere, they were deſired to ceaſe, and not to trifle time with vnneceſſary ſpeeches, ſeeing matters ſhould receiue decifion before they went foorth of doores. Dočtor Lindſey his anſwere, being poſed on conſcience to declare his 1158 THE BOOKE OF THE 1618. iudgement touching kneeling at the Sacrament, was this, On my conſcience I neither know Scripture, reaſon, nor antiquitie, that enforceth kneeling, fitting, ſtanding, or paſſing, as neceſſary; but thinke them all indifferent : and therefore, that any of them may bee lawfully vſed, when it is found expedient. And confidering nothing to be more expedient for the weale of our Church, then to keepe peace with our gracious Soueraigne, and not to contend for ſuch matters, I iudge, yeelding to his Highneſſe deſire to bee the onely beſt. The Miniſters with modeſt importunity inſiſted, that the matters depend- ing might be better cleared by farther reaſoning and adviſement, ſo much the rather becauſe theſe matters had not been reaſoned in full Aſſembly, for the information of all theſe that had intereſt. And ſuppoſe all this had been done in the Conference; yet all was new to the full Aſſembly, and ought to be repeated and fully diſcuſſed for information of all voters. Many Miniſters had not ſo much as acceſs to hear or propone one argu- ment. They had no feats provided for them as the other party had. After much dealing, and many earneſt ſpeaches and deſires to be heard, liberty was granted to a few, but with ſuch checks and limitations to the party that preſſed to propone and reaſon, that quickly they were cut off, and fourly rebuked; rather borne down with authority, than ſatiſfied with rea- ſon. His Majeſties chief Commiſſioner, Secretary Hamiltoun, and the Archbiſhop ſtraitly enjoymed them, either to propone a new reaſon, or elſe to hold their peace, when as the argument had either not been proponed in Conference, or if proponed not anſwered; or if anſwered, not ſuffered to be replyed to. In a word, the Archbiſhop profeſſed plainly, that neither their reaſons nor their number ſhould carry away the matter. Theſe Ar- ticles muſt be concluded, and ſhould be concluded ; although there were none but the eleven Biſhops, with the authority of his Majeſties Com- miſſioners, they ſhall impoſe them. Some velitation there was about holy dayes; but nothing ſpoken of the three other Articles. The Kings chief Commiſſioner and the Biſhops reſolved to end all at this Seſſion. The Miniſters not being permitted to reaſon, and purſue their arguments verbally with ſuch liberty as was requiſit, and fearing preiudice in voting, gave in ſome Articles in writt, to be confidered before the five Articles were put to voting, profeſſing they were ready to preſent in writt particu- lar reaſons againſt every one of the ſaid Articles. The preſenter Mr John Scringeour Miniſter at Kinghorne was commanded to ſubſcribe them, and 1618. UNIVERSALL KIR.K OF SCOTLAND. 1159 was rebuked as not having Commiſſion. They ſuſpected he was to preſent a Proteſtation againſt the proceedings of the Aſſembly; for preventing whereof they had declaimed before againſt the Proteſtation, ſubſcribed at the laſt Parliament, as treaſonable and ſeditious. But when he was per- ceived to ſeek a pen to ſubſcribe, the Archbiſhop receiued them out of his hands, and defired the Clerk of the Aſſembly to read the ſame. Two of them were read, and when they were perceiued to contain no matter of moment, or any new thing, which had not been before talked of, they were caſt by, as not deſeruing any confideration. The Articles preſented to the Aſſembly, Auguſt 27. With ſome quotations, added for confirmation. For as much as we haue been debarred of acceſſe, and from hearing the proceedings of the Conference, their reaſonings, conſultations and aduiſe- ments, anent the Articles proponed to this General Aſſembly; whereof all, and euery one of them ſo nearly touches vs, in our Chriſtian reſolution, and offices of our Miniſtry: in moſt humble manner wee preſent to your confideration the particulars hereafter ſpecified, in the feare of God, intreat- ing your favourable anſwere to the ſame. 1. The articles proponed, if they be concluded, they doe innouate, and bring vnder the ſlander of change the eſtate of this Church, ſo aduiſedly eſtabliſhed by Eccleſiaſticall Conſtitutions, Aéts of Parliament, approbation of other Kirks, and good liking of the beſt reformed Kirks without and within this Kingdome, and ſo euidently bleſſed with happy ſucceſſe, and ſenſible experience of Gods greateſt benefits, by the ſpace of fiftie eight yeares and aboue; ſo that wee may boldly ſay to the praiſe of God, That no Church hath enioyed the truth and puritie of Religion in larger libertie. And vpon ſome ſuch confiderations, it pleaſed his gracious Maieſtie to continue the Church of England in her eſtabliſhed eſtate, as may bee ſeene in the Conference at Hampton Court, and Thomas Sparke his booke writ- ten thereupon. Ipſa quippe mutatio, etiam quae adiuuat vtilitate, nouitate perturbat: quapropter quae utilis non eſt, perturbatione infrućtuoſa conſe- quenter noxia eſt, faith Auguſtine, Epiſt. 118. that is, Euen a change that is helpefull for vtilitie, perturbeth with the noueltie: Wherefore, conſe- quently, a change that is not profitable, is noyſome through fruitleſſe per- 1 160 THE BOOKE OF THE 1618. turbation. Rather a Church with ſome fault then ſtill a change, it is ſaid in the Conference at Hampton Court. 2. The receiuing againe of theſe Articles ſo iuſtly reie&ted, and ſo care- fully and long kept forth of this Kirk, grieueth the reformed Profeſſours tenderly affected to our reformation, and giueth occaſion to our aduerſa- ries to reproue our ſeparation from them, of raſhneſſe, leuitie and incon- ſtancie; and not only hindereth their conuerſion, but ſtrengthneth their hope of our further conformitie with them. Quoties non mutarunt fuam quiſque ſententiam P. Quod aedificant hodie, cras deſtruunt; hodie lapi- dem locant in fundamentum, caementoque confirmant, quem poſtero die eruunt et conterunt. Ubique revocationes, emendationes, novi foetus, aliae atque aliae, quoties nova ſententia placet, aſſertiones: alius deturbat alium, confuſio confuſioni permiſcetur; atque interim ſcinditur incertum ſtudia in contraria vulgus. Nec adhuc cernimus aliud ; et quis nifi mente captus dicat, iftiuſmodi artifices reaedificare Eccleſiam Dei; quibus omnia incerta, fluxa, inſtabilia, contraria; quibus nulla dogmatum conſtantia, nulla ani- morum conſenſio 2 Antididagma Coloniens. Pag. 4. That is, How oft have they not changed every one their opinion ? That which they build to day, they demoliſh to morrow : They place this day a ſtone for a founda- tion, and make it ſure with mortar, which they pull up the day following, and bruiſe in pieces. Every where there is revocations, corre&tions, new births, diverſe aſſertions, as oft as a new opinion pleaſeth any of them ; one throweth doun another; confuſion is mingled with confuſion; and in the mean time the doubtful vulgar are ſevered in contrary factions. Nei- ther yet doe we perceive any other thing : And who will ſay, except ſuch an one is beſide himſelf, that ſuch artiſans reedifie the Kirk of God, to whom all things are uncertain, flowing, unſtable, contrarious, who have no con- ſtancy in the heads of Dočtrine, no conſent of minds 2 3. They cannot ſtand in one profeſſion with brotherly kindneſs, peace, and loue, which muſt bee tenderly kept amongſt the members of Chriſts body, as the ſame conſiſteth of ſtronger and more infirme; as may appeare in the Apoſtolicall Rules following. 1. All things are lawfull to me, but all things are not profitable. I may doe all things, but I will not be brought vnder the power of any thing. 2. Let every man be fully per- ſwaded in his own minde. 8. Whatſoeuer is not of faith is fin. 4. Let euery one vnderſtand according to ſobriety, as God hath dealt to euery man the meaſure of faith, 5. Take heed, left by any means this power of yours be 1618. UNIVERSALL KIRK OF SCOTLAND. 1161 an occaſion of falling to them that are weak. 6. Through thy knowledge ſhall thy weak brother fall, for whom Chriſt died. 7. When ye fin againſt the brethren, and wound their weak conſciences, ye fin againſt Chriſt. 8. Whatſoeuer ye do, do all to the glory of God. 9. Giue no offence, neither to the Jew, nor to the Grecian, nor to the Kirk of God. 10. Pleaſe all men in all things, not ſeeking your own profit, but the profit of many, that they may be ſaved. 11. Cauſe not your commodity to be evil ſpoken of 12. Let all things be done honeſtly, and in order. Things indifferent (put the caſe mans inventions were of that nature) in the caſe of ſcandal, ceaſe to be indifferent, and are as things moral. Perkins Gal. 2. 3. 4. They giue way to humane inuentions, and bring the wrong key there, of mans wit and will, within the houſe of God, whereby toyes and triffling ceremonies in number and force are multiplyed, as mens wits are variable to inuent. Who requireth theſe things at your hands? 5. The admitting of ſome openeth the doore to the reſt, and the multi- tude of ſuch make vs inferiour to the Jewes in two reſpects. 1. Their ceremonies were all divine. 2. In number fewer then rituall Chriſtians do obſerue betwixt the Paſche and the Pentecoſt. Gerſon complayneth, Quod multitudine leuiſlimarum ceremoniarum vis omnis Spiritus Sanéti, quem in nobis vigere oportuit, et vera pietas fit extinéta: That with the multitude of friuolous ceremonies, true pietie was extinguiſhed, and the force of the Spirit, which ought to be epowerfull in vs. Jewel. Apollog. p. 116. Sed quamvis hoc neque inveniri poſſit, quomodo contra fidem ſunt, ipſam tamen Religionem ſervilibus oneribus premunt, ut tolerabilior fit con- ditio Judaeorum, qui, etiamfi tempus libertatis non agnoverint, legalibus tamen ſarcinis, non humanis praeſumptionibus ſubjiciuntur. Auguſt. Epiſt. 119. Howbeit it cannot bee found, how they are contrary to the faith; yet they preſſe downe Religion it ſelfe with feruile burthens, ſo that the eſtate of the Jewes is more tolerable, who, howbeit they did not acknow- ledge the time of their liberty, are ſubie&t notwithſtanding to the burthens of the Law, not to the preſumptions of man. Quanto magis accedit cumulo rituum in Eccleſia, tanto magis detrahitur non tantum libertati Chriſtianae, fed et Chriſto, et ejus fidei. Confeſs. Orthod. Cap. 27. that is, The more that the heape of rites and ceremonies in the Kirk increaſeth, the more is dero- gated, not onely from Chriſtian libertie, but alſo from Chriſt, and his faith. Learned and graue men may like better of the fingle forme of Policie in 7 H 1162 THE BOOKE OF THE 1618. our Kirk, then of the many ceremonies of the Kirk of England. Epiſt. before Baſilicon Doron. * 6. They hinder edification ; for how much time and zeale ſhall bee ſpent vpon the inbringing and eſtabliſhing of theſe, as much leiſure and op- portunity ſhall Satan get to ſow and water the tares of atheiſm, ſchiſme, popery, and diſſention. Confider the ſentences following. 1. Let us proceed by one rule, that we may mind one thing. Phil. 3. 16. 2. Let us follow the truth in loue, and in all things grow up in him, who is the head, that is, Chriſt. Ephes. 4. 15. 3. Give no place to the Devil. 4. If ye be otherwiſe minded, God ſhall reveal the ſame to you. 5. Feed my ſheep. 6. Take heed unto yourſelves, and unto the flock. 7. Let no root of bitterneſs ſpring up to trouble you. 8. Fulfill my joy, that ye may be like minded, having the ſame loue, being of one accord, and of one judgement, that nothing be done through contention and vain glory; but that in meek- neſs of mind every man eſteem other better than himſelf. 9. Do all things without murmuring and reaſoning. I0. It was needfull for me to write unto you, that ye ſhould earneſtly contend for the faith which was once delivered to the Saints. 11. While men ſleept the enemy came, and ſowed his tares among the wheat, and went his way. 7. Matters of that nature bring ineuitably with them diſputations, divi- fions, contentions, as may be ſeen in all Kirks, where ſuch coals of conten- tion get entrie. The Paſcha of the Primitive Kirk, the Interim of Ger- many, the rent of the Kirk of England, our oun experience fince the ſtrife of the External Gubernation began among us, &c. 8. They bring a ſenſible blot, either vpon the happie memory of our godly and wife predeceſſors, in ſo farre as wee depart from that reforma- tion, ſo wiſely brought in, appointed and eſtabliſhed by them; or elſe vpon our ſelues, by reſuming againe of dangerous ſuperfluities, without reaſon, reie&ted by them for weighty and neceſſary cauſes. Magnum eſt hoc Dei munus, quod una et Religionem puram, et eutaxian, Dočtrinae videlicet retinendae vinculum, in Scotiam intuliſtis: Sic obſecro et obteſtor, haec duo finul retinete, ut, uno amiſo, alterum non diu permanere poſſe ſemper memineritis. Beza Epiſt. to Mr Knox. This is a great benefit of God, that ye haue brought into Scotland true Religion, and good order, the band that retaineth Dočtrine, at one time : So I beſeech you and obteſt, that you retaine theſe two together; ſo that ye remember, that if the one be loft, the other cannot long endure. And again he ſaith, Quam reëte 1618. UNIVERSALL KIRK OF SCOTLAND. 1 163 illud, quod diſciplinam ſimul cum doćtrina conjungitis: Obſecro et obteſtor ut ita pergatis, ne vobis idem, quod tam multis, eveniat, ut qui in limine impegerunt, progredi non poſſint; imo etiam interdum ne velint quidem, quod longe miſerrimum eſt. How well was that done, that yee conioyned doćtrine and diſcipline together. I beſeech you, and obteſt, that yee goe forward, left it happen to you, which has befallen to many that could not make a progreſſe, having ſtumbled in the very entry; yea ſometime were not willing, which is moſt lamentable. 9. They ſet looſe the filthy mindes and mouthes of fleſhly liuers, to tri- umph againſt the moſt found and beſt reformed Profeſſors, and to rejoyce in their rotten opinions, and reſtored opportunities of ſenſual obſeruations of guiſing, gluttony, carrells, &c. 10. They are declared by this Church to bee contrary doćtrine, as may bee ſeene in the firſt, ſecond, and third Chapters of the firſt booke of Diſ- cipline, in theſe words: We iudge that all doćtrine repugnant to the Euangell, ſhould bee vtterly ſuppreſſed, as damnable to mans ſaluation. In the books of the Old and New Teſtament we affirm that all things, ne- ceſſary for the inſtrućtion of the Kirk, and to make the man of God per- feet, are contained and ſufficiently expreſſed. By contrary doćtrine, wee vnderſtand whatſoeuer men by Lawes, Councells, or Conſtitutions, haue impoſed on the conſciences of men, without the expreſſe commandement of Gods Word, as keeping of holy dayes commanded by man, the feaſt of Chriſtmaſs, and other feaſts, &c. 11. The Commiſſioners of Preſbytries here aſſembled, ſufficiently under- ſtand, that neither the Preſbytries, from whom they have their Commiſſions, nor the particular Churches of this Realme, either require, are willing, or conſent to admit theſe novations. Confitentur Theologi, nil effe per Synodos Eccleſis invitis obtrudendum. The Diuines confeſſe, that no- thing ſhould be obtruded vpon Churches by Synods, againſt their will. 12. The Commiſſioners of Preſbytries here affembled, vnderſtanding the alienation of them, from whom they receiued their Commiſſion, from theſe Articles, can by no warrant bind nor oblige their vnwilling Preſbytries and Congregations to their votes. Eccleſiam diffentientem et inuitam obligare quis poteſt ? Who can binde a Kirk diſaſtenting and vnwilling 2 13. There ſtand in force diuerſe Aéts of Parliament in fauours of our preſent order, Jacob. 6. Parl. 1. cap. 8. Ja. 6. Parl. 6. cap. 68, and cap. 69. Item, the firſt Aćt of the Parliament 1592. 1164. THE BOOKE OF THE 1618. 14. The Miniſters of this Church, by order of the ſame printed and in- ferted before the Pſalme Booke, at their admiſſions reſpectiué, promiſe in the preſence of God, and of the Congregation affembled, to abhorre and vtterly refuſe all Dočtrine alledged neceſſary to ſaluation, that is not expreſſly con- tained in the Old and New Teſtament; and according to the graces and utterances that God ſhall grant to them, to profeſs, inſtrućt, and maintain the purity of the Dočtrine contained in the ſacred Word of God ; and to the uttermoſt of their power to gainſtand and convince the gainſayers, and teachers of mens inventions. Item, To ſubmitt themſelves moſt willingly to the wholſome Diſcipline of this Kirk, by the which they were then called to their office and charge, promiſſing in Gods preſence obedience to all admonitions, ſecretly or publickly given, &c. 15. The Subſcribers of the Confeſſion of Faith be their oath therein contained, promiſe and ſweare to continue in the obedience of the doćtrine and diſcipline of this Church, and to defend the ſame according to their vocation and power all the days of their liues, under the pains contained in the Law, and danger both of body and foul in the day of Gods fearfull judgment: and to abhorre and deteſt all contrary religions; but chiefly all kind of Papiſtry in general, even as they are now damned and confuted by the Word of God, and Kirk of Scotland: but in ſpecial the Popes five baſtard Sacraments, whereof Confirmation is one ; with all rites, ceremo- nies, and falſe doćtrines, added to the true Sacraments without the Word of God; his abſolute neceſſity of Baptiſm, &c. Which Confeſſion, and pračtice following thereupon, is come to the eyes of the World in print, and ſolemnly renewed in the Covenant celebrated in the General and Provincial Aſſemblies, Preſbytries, and Kirk Seſſions, in the year of God 1596. And how ſhall any man be heard to ſpeak againſt that whereunto he hath formerly ſworn and ſubſcribed 2 4 - The Miniſters moſt humbly and earneſtly requieſted the Kings Com- miſſioners, that the concluding of the Articles might be continued, till their reaſons were ſent in writt to his Majeſty, and his anſwer returned. But their humble requieſt was refuſed. Before the roll was called, his Majeſties Letter was read againe in open audience of the Aſſembly; to the end they might ſee his earneſtneſs about the ſame matters, and the laſt impreſſion might incline the voters to conſent. - + 1618. UNIVERSALL KIRK OF SCOTLAND. 1165 The Miniſters, defenders of the eſtabliſhed order, required again, that none might have place to vote, but ſuch as were authorized with lawfull Commiſſion. But this order was not admitted: Yea, the Archbiſhop an- fwered, that if all Scotland were preſent there, they ſhould vote. It was deſired by ſome, That the Articles might be feuerally voted, as many would agree to ſome of them, who would not accept of all : But it was thought meeteſt to vote them in cumulo, becauſe the denying of one would be to his Maieſtie, as the denying of all. The Archbiſhop took the roll of the names in his own hand from the Clerk. Firſt, were called the Kings Commiſſioners and the Aſſeſſors; then the Noblemen, Biſhops, and Barons; then the Dočtors and Miniſters; and laſt of all the Burgeſſes. . In end, by plurality of votes the fiue Articles were concluded. 1. Seing we are commanded by God himſelf, that when wee come to worſhip him, we fall doun and kneel before the Lord our Maker; and con- fiddering withall, that there is no part of divine worſhip more heavenly and ſpiritual, then is the holy receiving of the bleſſed body and blood of our Lord and Saviour Jeſus Chriſt; like as the moſt humble and reverend geſture of the body, in our meditation and lifting up of our hearts, beſt be- cometh ſo divine and ſacred an action : Therefor, notwithſtanding that our Kirk hath uſed, ſince the Reformation of Religion, to celebrate the holy Communion to the people fitting, by reaſon of the great abuſe of kneeling uſed in the idolatrous worſhip of the Sacrament by the Papiſts: yet now ſeeing all memory of by paſt ſuperſtition is paſt; in reverence of God, and in due regard of ſo divine a myſtery, and in remembrance of ſo myſtical an union as we are made partakers of, the Aſſembly thinketh good, that that bleſſed Sacrament be celebrat hereafter meekly and reverently upon their knees. & 2. Item, If any good Chriſtian viſited with long ſickneſs, and known to the Paſtor, by reaſon of his preſent infirmity, unable to reſort to the Kirk for receiving of the holy Communion; or being fick ſhall declare to the Paſtor upon his conſcience, that he thinks his fickneſs to be deadly, and ſhall earneſtly deſire to receive the ſame in his houſe, the Miniſter ſhall not deny to him ſo great a comfort, lawfull warning being given to him the night before ; and that there be three or four of good religion and conver- ſation, free of lawfull impediments, preſent with the fick perſon, to com- 1166 THE BOOKE OF THE 1618. municat with him; who muſt alſo provide a convenient place in his houſe, and all things neceſſary for the reverend adminiſtration thereof, according to the order preſcribed in the Kirk. - 3. Item the Miniſter ſhall often admoniſh the people, that they deferr not the baptizing of infants any longer then the next Lords day after the child be borne, unleſs upon a great and reaſonable cauſe declared to the Miniſter, and by him approved : As alſo they ſhall warm them, that with- out great cauſe they procure not their children to be baptized at home in their houſes. But when great need ſhall compell them to baptize in privat houſes, (in which caſe the Miniſter ſhall not refuſe to doe it, upon the knowledge of the great need, and being timely required thereto,) the bap- tiſm ſhall be miniſtred after the ſame forme, as it ſhould have been in the congregation: and the Miniſter ſhall the next Lords day after any ſuch privat baptiſm, declare in the Kirk, that the infant was baptized, and there- for ought to be received as one of the true flock of Chriſts fold. 4. Item, For as much as one of the moſt ſpecial means for ſtaying the increaſe of Popery, and ſettling of true Religion in the hearts of the people is, that a ſpecial care be taken of the trial of young children their educa- tion, and how they are catechized ; which in time of the Primitive Kirk was moſt carefully attended, as being moſt profitable to cauſe young chil- dren, in their tender years, drink in the knowledge of God and his reli- gion; but is now altogether neglected, in reſpect of the great abuſe and errours which creept into the Popiſh Kirk, by making thereof a Sacrament of Confirmation: Therefor, that all ſuperſtitions builded thereupon may be reſcinded, and that the matter itſelf being moſt neceſſary for the educa- tion of the youth, may be reduced to the primitive integrity, it is thought good, that the Miniſter in every paroch ſhall catechize all young children of eight years of age, and ſee that they have the knowledge, and be able to make rehearſal of the Lords Prayer, the Belief, and ten Commandments, with anſwers to the queſtions of the ſmall Catechiſm uſed in our Kirk: And that every Biſhop in his viſitation ſhall cenſure the Miniſter, who ſhall be found remiſs therein; and the ſaid Biſhops ſhall cauſe the ſaid children to be preſented before them, and bleſs them with prayer for increaſe of their knowledge, and continuance of Gods heavenly graces with every one of them. 5. Item, As we abhor the ſuperſtitious obſervation of Feſtivall dayes by the Papiſts, and deteſt all licentious and profane abuſe thereof by the com- 1618. UNIVERSALL KIRK OF SCOTLAND. 1167 mon fort of profeſſors; ſo we think, that the ineſtimable benefits, receivit from God by our Lord Jeſus Chriſt his Birth, Paſſion, Reſurreótion, Aſ- cenſion, and Sending down of the Holy Ghoſt, were commendably and godly remembered at certain particular dayes and times, by the whole Kirk of the world, and may be alſo now : Therefor the Aſſembly ordains, that every Miniſter ſhall upon theſe dayes have the commemoration of the fore- ſaid ineſtimable benefits; and make choiſe of ſeveral and pertinent texts of Scripture, and frame their doćtrine and exhortation thereto ; and rebuke all ſuperſtitious obſervation and licentious profanation thereof. The Biſhop proponed an Aćt to be made, that all Miniſters at their admiſſion ſhould ſwear, that they have made no privat pačtion for diminu- tion of the ſtipends, modified be the Commiſſioners appointed be the Par- liament. Item, A ratification of the Catechiſm allowed at Aberdeen, and printed fince with Priviledge. Item, That every Miniſter have care, that the A&t againſt beggers be obſerved in their pariſhes. * Item, That Mr William Scot and Mr Alexander Henderſon be tranſ- ported to Edinburgh. IN DE X. ABBAcIEs, 59, 210, 249, 268, 306, 339, 513, 632, 634, 643. Abbotishall, Laird of, 38, 436, 764, 795, 798, v. Scott. Abbots, 91, 210, 226–8, 249, 268, 875. Aberbrothock, Arbroath, 674. Aberbrothock, Abbacy of 232, 306, 634;— Commendator of, (John Hamilton,) 96, 100, 102. Aberbrothock, Minister of, 223, 290, 960, v. Lamb, Melvill, Philip. Aberbrothock, Presbytery of 797, 948, 975, 1036, 1087;-Preachers in, 990. Aberbrothock, schoolmaster of 25, v. Cuming. Aberbuthnot, Arbuthnot, kirk of 673, 921. Abercorne, James, Earl of, 1022, 1080, 1085. Abercrombie, parish of 483, 677. Abercrombie, John, of Skeith, 825. Abercrombie, John, minister, 667, 690. Abercrombie, Robert, Jesuite, 822, 827, 876, 877. Abercrombie, Thomas, of Middle Gourdie, 719. Abercrombie, William, 826. Abercrumme, v. Abercrombie. Aberdalgie, kirk of 53, 484, 672, 675. Aberdeen, 141–4, (massin) 254, 453,470, 716, 717, 830, 897, 902, 948, 1025. Aberdeen, Assembly at, (1604,) 1009–12. Aberdeen, Assembly at, (1605,) 1013–21, 1095; —Act of Council relating to, 1014 ;—Com- missioner's charge and proclamation, 1015, 1018 ;-Protestation, 1016. Aberdeen, Band subscribed at, 821–826. Aberdeen, Bishop of, v. Blackburn, Cunningham. Aberdeen, Bishopric of 232. Aberdeen, College (King's,) of, 127, 129, 141–4, 214, 475, 594, 614, 634,644 ;—Principal of, v. Anderson, Arbuthnot ;—Regents in, v. Austin, Norie;—Visitation of, 127–9, 141–4, 811. Aberdeen, College (Marischall) of, 624, 627, 629, 638, 799, 802;-Principal of, v. Howie. Aberdeen, Commissary of, 1009, v. Nicolson. Aberdeen, Commissioner of, 141, 359, 368,416, v. Gairdin, Erskine, Hay, Craig. Aberdeen, Dean of, v. Maitland. Aberdeen, Diocie of, 481, 1086;-Elderships or presbyteries in, 481, 549, 587, 621, 775, 896, 899. Aberdeen, Friers of, 3, 104. Aberdeen, kirk of, 27, 53, 141, 475, 651. Aberdeen, Minister of 29, 288, 1009, 1017, 1125. v. Blackburn, Craig, Ross. Aberdeen, Presbytery of 952, 1036. Aberdeen, provost of 10, v. Menzies, 1126. Aberdeen, Raid of, 821. A. 2 INDEX. Aberdeen, Sherrifdom of 19, 201, 435, 470, 531, 613, 754, 757, 917. Aberdeen, Superintendentship of, 27–30. Aberdeen, Synod of, 316, 621, 953, 975, 1048. Aberdoure, kirk of, 5, 487, 677, 962, 1003 ;- minister of, v. Carmichael, Paton, Ramsay. [Aberfoyle, J Aberfuill, Abertill, 484, 676. Aberfoyle, Minister of 204, v. Grahame. Abergeldie, Laird of, 873, 877. Abernethie, reader of 300. Abernethie, Alexander, of Tashindrum, 826. Abernethie, John, minister of Jedburgh, (Bishop of Caithness,) 972, 977, 1038, 1110, 1124, I 131. Abernethie, William, 825. Abernyt, Abirnyte, 674;—minister of, v. Hetlie. Abuses to be reformed, 504. Achamachie, William, of that ilk, 824. Achesoun, Sir Robert, priest, 40. Achinmoutie, Achmoutie, v. Auchinmoutie. Acts, v. Assembly, Council, Exchequer, Parlia- ment, Presbytery, Session (Court of) Synod. Adam, John, of Mauchlin, 159, 802. Adamsone, Donald, 63. Adamsone, George, of Brako, 825. Adamsone, Henry, burgess of Perth, 544, 621. Adamsome, James, minister in Wigton Presby- tery, 766–7, 1038, 1090, 1092. Adamsome, John, commissioner from Edinburgh, 290, 704, 725, 741, 742. Adamsone, John, minister of Libberton, 1127, 1128. Adamson or Constan, Couston, Patrick, minister of Ceres, 4, 27, 29, 44, 51 ;—to the Regent, 165, 193, 198, 238,240;-of Paisley, 245, 289, 290, 310, 316–319, 324, 325, 336, 351, 352, 356, 365;-Archbishop of St. An- drews, 367, 376, 385, 394, 395, 398, 403, 416, 420, 422, 430–33, 458, 464–7, 469, 471, 531–2, 537, 539, 545, 548, 550, 566, 570, 593, 614, 623, 628, 634, 637, 640, 655, 657, 662, 667, 686, 689, 691, 699, 705, 707, 711, 719, 727, 731, 735, 746. Adie, Laird of 354. Adie, Aedie, James, Perth, 820, 1143, 1152. Admission to Communion, 284–85;-to Office, v. Discipline, Elders, Ministers. Admistoune, v. Edmistoun. Adultery, 29, 31, 55, 91, 98, 114, 140, 146, 171, 180, 267, 308, 366, 377, 388, 536, 802, 874, 953 ;—excludes from Marriage, 377, 524, 539, 766, 825;-from the Mi- nistry, 738. Advice of Noblemen, Barons, &c. 704. Advocate, Lord, 519, v. Binning, M*Gill, Oli- phant, Spence. Advocates not admitted to plead before the As- sembly, 333. Agnus Dei, &c. 717, 1118. Aikenhead, David, burgess of Edinburgh, I 143, 1152. Aikin, William, 802. Aikman, John, minister in Kirkcudbright Pres- bytery, 849, 850, 1090. Aikman, Steven, 608–9. Air, v. Ayr. Aird, William, 976. Airth, (Bruce) Laird of, 763. Airth, Laird of Leslie's house, 716. Airthur, Arthur, William, minister in Nithis- daill, 970, 986, 999. Aittoun, v. Aytoun. Aittoun, Robert, of Incheberny, (Inchdarmy,) 551. Aldhamstocks, minister of, 150, 486, v. Hep- burne, Hume. Aldjo, Robert, burgess of Paisley, 722. Alexander, Christopher, burgess of Stirling, 1143. Alford, Minister of, 1017, v. Forbes. Allan, Andrew, vicar of Leuchars, 705, 719. Allam, Robert, minister, 649. Alloa, Alloway, chapel of 957, 958. Altrie, Robert Keith, Lord, 754. Alves, kirk of, 63, 671. Ancrum, Ankrom, minister of, 364;-parson- age of, 404, 420, 424, 425, v. Douglas, Johnston. Andersone, Alexander, Principall in College of Old Aberdein, 141–143. Anderson, Andrew, minister, 666. INDEX. 3 Anderson, James, Minister of Beduchie, (Ben- dochy,) and Kettins, 204, 256, 288,355, 359, 416, 435, 468, 470, 487, 526, 531, 539, 618, 628, 637, 647–8, 656, 664, 700, 729, 730, 737, 763, 975, 983. Anderson, James, 810. Anderson, John, minister of Kirkpatrick, 302, 394, 572–3. * Angus, (Forfarshire,) kirks of 39, 416, 435, 470. Angus, ministry of, 898;-papists in, 718. Angus, Presbyteries of 524, 549, 783, 789. Angus, Superintendent of, 13, v. Erskine. Angus, Synod of, 770, 803, 815. Angus, Archibald, Earl of, 530, 704, 741. Angus, Master of 784. Angus, William, Earl of 754, 755, 769, 773, 774, 822, 829, 830, 898, 900, 917, 921, 964, 967, 981, 984, 985, 1025, 1050;-his children, 1025;-his lady, v. Oliphant. Ankrom, v. Ancrum. Ann, the, 258, 259, 554. Annan, Alexander, 826. Annand, James, minister in Orkney, 134, 190, 358, 410, 435, 470. Annandale, Commissioner of 416, v. Watson. Annandale, kirks of, 862, 997, 1053, 1061. Annandale, Sheriffdome of, 756, 758. Anne of Denmark, Queen, v. James VI. Annexation, Act of, v. Parliament. Anstruther, minister of 204, 223, 1016, v. Clark, Davie. Anstruther, Captain Robert, 458, 514. Anstruther, John, of that Ilk, 203. Answers to Articles, v. Articles, Greivances. Apostate, (Apostacy), 72, 197, 430, 432, 458, 466, 469, 489, 602, 631, 803, 1117. Apostate Lords, 820–42, 851, 853, 873–7, 896–900, 917, 923, 928, 934, 952, 980–6, 1048–51, 1067, 1130, v. Angus, Errol, Hume, Huntly ;-their Ladies, 948. Appellation to superior court, 32, 158, 615,661, 662;—to civil court, 192, 193, 351, 557–9. Arbrothe, Aberbroth, v. Aberbrothock. Arbuthnet, Robert, feir of that Ilk, 825. Arbuthnet, Robert, minister of Arbuthnot, 800. Arbuthnot, Alexander, Principal of King's Col- lege, Aberdeen, 4, 113, 126, 238, 239, 245, 262, 269, 281, 288–9, 290, 293, 296–304, 307, 326, 332, 387, 346, 352, 355–62, 383, 391–409, 430, 436,475, 522, 525, 531, 536, 540, 544, 549, 566, 570, 578, 587, 612–16, 625, 634, 644. Arbuthnot, Alexander, burgess of Edinburgh, 327-9, 443, 462. Arbuthnot, Alexander, minister in Sherriffdome of Kincardine, 757. Ardmannath, Presbytery of, 1036. Ardrossan, vicarage of, 153. Ardrosse, Lady, v. Scott. Areskine, v. Erskine. Argyle, Archibald, Earl of, 38, 40, 48, 77, 95, 100, 101, 114, 148, 178, 262, 270;-Lord Chancellor, 291. Argyle, Colin, Earl of 300, 314, 315, 332, 340, 350, 356;—Lord Chancellor, 518, 519. Argyle, Archibald, Earl of, minor, 756. Argyle, Lady, 117, 262. Argyle, bishop of, v. Boyd, Campbell. Argyle, Diocie of 19, 470, 480, II:24;—Exer- cise (presbytery) in, 661, 1038 ;—Sheriff- dome of, 756, 758;-Superintendent of, 13, v. Carsewell ;-Synod of, 661 ;—visitor of, 468. 3. Aristotle, opinions of 638–41. Arngask, parochin of 972. Arnot, Andro, Minister of Scotlandwell, 935–6. Arnot, Sir John, 798. Arnot, Robert, 73. Arran, Erron, Isle of, 961. Arran, James Hamilton, Earl of 462,478, 604, 619, 620. Arran, Countess and Earl of, v. Stewart. Arth, [Firth ?] kirk of 597. Arthur, John, commissary of Edinburgh, 1079, 1080, 1110. Articles of Faith, of Religion, 212, 281, 411, 589, 693, 788, v. Confession. * Articles ament printing the Bible, 327–330, v. Bible. 4 INDEX. Articles presented by Knox, 247-9;-by Sy- nod of Fife, 945, 989;-of Lothian, 535–8, 635–6. Articles proposed by State, 154;-at Falkland, 1045, 1095–8;—at Leith, 207-36, 238, 244–7, 264, 265, 288, 290, (mutual protes- tations,) 245, 246, 264 ;—at Aberdeen, 1122;-of Perth, 1140, 1145–67, v. Confer- ences, Questions. Articles proposed by the Kirk to the State, 5–11, 14, 34, 43,47, 53, 58–60, 66–69, 100, 106– 10, 127–9, 139, 145, 147, 154, 168–70, 173, 187, 252–4, 304–7, 338–42, 387, 388, 404–8, 437, 460–2, 476–87, 586, 600–6, 620, 625, 629–34, 641–4, 658, 684, 713, 740, 796–9, 876, v. Grievances. Askirk, person of 572, v. Cranston;–Personage of, 224;—Vicar of, 720, v. Scot. Aslowan, Laird of, v. Caddell, Calder. Assembly, (General) Universal Kirk, 35, 36. Assembly, appointed its own Meetings, 7, 24, 64, 133, 391, 411, 417, 807, 948, et passim ;- called pro re nata by Edinburgh ministers, 38, 64, 313, 570, 584, 606, 785;—called or pro- rogued by the King, 703, 948, et passim. Assembly, authority (validity) of 204, 779, 890, 924 ;—Clerk of, v. Gray, Nicolson, Philip, Ritchie ;-Liberty of 807, 1144, 1151 ;—Prorogation of 948, 962, 973, 1040–3;—Translation of, 182, 269. - Assembly, meetings of, 3, 8, 11, 13, 25, 31, 38, 46, 52, 57, 65, 77, 82, 93, 100, 111, 112, 123, 132, 134, 141, 156, 157, 175, 184, 198, 203, 237, 243, 255, 269, 286, 299, 314, 331, 348, 364, 383, 392, 403, 412, 418, 427, 449, 463, 473, 522, 548, 576, 585, 612, 626, 645, 685, 703, 729, 740, 745, 747, 762, 779, 786, 795, 819, 846, 857, 889, 912, 913, 934, 949, 963, 974, 1009, 1013, 1022, 1046, 1085, 1116, 1140, 1143;—members of, 7, 13, 124, 203, 204, 292,478,480, 762–7, 947, 974–9, 989, 1009, 1022, 1085–91, v. meetings of;—mo- derators of, 38, v. meetings of;—order, vote in, 52, 124, 153, 157, 243, 263, 265, 331, 406, 650, 819, 947, 990, 1144, 1145, 1151, 1165;—registers of 309, 311, 379, 428, 465, 647, 686, 687, 692, 697, mutilated, 465, 474,697;—yearly, 649, 801, 1095. Assembly, Acts of, to be collected and revised for publication, 149, 155, 177, 178, 262, 265, 325, 566, 594–6, 614, 624, 627, 628, 773, 815–7, 856, 913–4, 1025, 1054, style of enactment, 816, 817;-Address of, to the King, 441 ;—Covenant renewed with fasting in, 862, 869, 870, v. Commission, Commis- sioner, Conference, Jurisdiction, Kirk, Letters, Supplications, Trial. Assembly, provincial, v. Synod. Assessors, 383, v. Moderator, Privy Conference. Assignations to ministers, 82, 103–5, 125, 127, 145, 147, 149, 183, 277-9, 306, 339, 553–6, 643, 726, v. Stipends, Thirds. Association, with England, 254, 613, 614;- with Papists, 602. Atholl, Earl of 270, 287, 300, 309, 314–7, 331, 341 ;—Lord Chancellor, 407, 411, 419, 421, 431. Atholl, Countess of, 287, 317,421, 551, 588. Atholl, Earl of, 754, 824. Auchinleck, Fleck, Laird of, 531. Auchinleck, George, 396. Auchinleck, Patrick, burgess of St. Andrews, 351, 416, 421, 435, 450, 459, 570. Auchinmoutie, Auchmoutie, Robert, 18. Auchinmoutie, William, minister in Teviotdaill, 532, 539, 757, 766. Auchinpryour, the goodman of, 721. Auchterarder, 625;-Presbytery of, 814, 1037, 1087. Auchtergaven, 625. Auchterlure, land of, 950. Auchtermoonsie, kirk of, 936. Auchtermowtie, minister of, v. Leslie. Auchtertule, reader at, 695, v. Chillane. Auchtertule, thrids of 233. Auld Roxburgh, person of 572, v. Betoun. Auld Roxburgh, personage of, 224. Austin, Owstein, regent in King's College, Aber- deen, 141–3. INDEX. 5 Ayr, Air, minister of, 225, 532, 539, v. Birnie, Porterfield;—personage of, 224. Ayr, Presbytery of 485, 618, 950, 1038. Ayr, sheriff of, 96;-sheriffdome of 397. Ayton, Aittoun, Laird of 836, v. Hume. [Baillie, William, I Lord Provand, president of the Session, 58, 224, 781. Balcanquall, Ballingall, Walter, minister of Edinburgh, 266, 333, 337, 513, 527–532, 540–3, 594, 623–4, 637, 667–8, 685, 700, 710, 730, 798, 838, 856, 859, 971–2, 976, 980, 983, 995. Balcarras, v. Lindsay. Balcleugh, Lord, 1057. Balcome, David, minister, 804. Balcomie, Balcolmie, Laird of, 1022, 1143, 1152. Balfour, Henry, minister of Collessie, 970. Balfour, Henry, Prolocutor, 381. Balfour, Sir James, Clerk Register, 83 ;-presi- dent of the Session, 110. Balfour, James, minister of Guthrie, 260, 275, 293, 459, 526, 539, 545, 552, 598, 605, 620, 646, 648, 655, 666, 729, 730;-of Edinburgh, 765, 779, 786, 795, 849, 854–7, 863, 872, 913, 971–2, 976, 979, 980. Balfour, Sir John, of Pettindreich, 77. Balfour, John, at Cultis, 31. Balfour, John, minister, 1089. Balfour, Patrick, minister in Murray, 198, 349, 355. Balfour, Walter, minister, 4. Balfour, William, of Burley, 855. Balfour, William, Leith, 203. Balfour, William, minister in Teviotdaill, 667, 757. Balgay, house of 830. Ballandyne, Ballantyne, v. Bellenden. Ballingall, v. Balcanquall. Balmaine, Balmany, Laird of, v. Ramsay. Balmanno, Laird of, 1143. Balmerinoch, Abbot of 128. Balmerinoch, Lord, v. Elphinstone. Balmerino, minister of 28, v. Keith. Balnamoone, Laird of, 1091. Balnavis, Alexander, minister of Tippermure,998. Balnaves, Henry, 41, 129. Balthyock, Bathyock, Laird of, v. Blair. Balvaird, Laird of (Murray,) 71, 182, 532, 1022, 1057. Balwerie, Laird of, v. Scot. Banchorie Ternane, Banquhar Termitie, minister of, v. Mercer, Reid. Band proposed, 254. gº-- . * Band at Aberdeen, v. Aberdeen. Band, General, (1589–90,) 748, 759–61 ;— Council’s Act anent it, 750, 752, 758. Band in New Confession, 1139. Bands, banns, v. Marriage. Banff, Bamff, shire of 34, 754, 757 ;—commis- sioner of, 40, 44, v. Aberdeen;–ministers of, 1123, 1125;-Presbytery of, 1036. Bannerman, George, of Waterton, 825. Bannatyne, James, Commissary of Edinburgh, 1079, 1080. Bannatyne, Richard, 4, 110, 259. Bannatyne, Robert, 978. Bannatyne, v. Bellenden. Baptism, 170,621, 1002, 1124;—by papists, 75. Baptism, private, 465, 524, 525, 722, 1002, v. Articles of Perth;-Register of 1124, 1129. Barclay of Towie, 873, 877. Barclay, David, 796, 800, 849, 892, 936, 959, 961, 972–3, 979, 980, 999, 1006. Barclay, George, of Mathers, 110. Barclay, Hew, Laird of Ladieland, 722, 803. Barclay, John, 975. - Bargany, Laird of, v. Kennedy. Barmbarrauch, Lord of Session, v. Wans. Baro, Laird of 110. Barras, house of 921. Barr, Barre, Laird of, v. Lockhart. Barron, James, elder, Edinburgh, 3, 13, 60, 145. Barron, Johne, minister of Galstone, 42. Bartill, John, 720. Barton, John, minister of Clumnie, Kilmavenock, 336. Basilicon Doron, 1162. Bassandine, Thomas, printer, 125–6, 328–9. 6 INDEX. Bathgate, reader at, 82. Beggars, 715, 724, 874;-Act against, 1167. Bell, John, minister of Calder, 722;-of Glasgow, 1080, 1089. Bellarmine, Cardinal, 987. Bellenden, Ballantyne, Bannatyne, Adam, mi- nisterof Falkirk, 849,975, 1057, 1058, 1061, 1069, 1070;-Bishop of Dunblane, 1109, 1131, 1143, 1152. Bellenden, Sir John, Justice Clerk, 19, 30, 33, 35, 38, 40, 41, 66, 90, 91, 115, 135, 140, 181, 207, 236, 340. Bellendem, (Sir Lewis,) Justice Clerk, 415, 472, 519, 571, 610, 645, 647, 663, 731;—King's Commissioner to the General Assembly, 686, 691, 701. - Bellie, Minister of 1126. Bendochie, Beduchie, 256, v. Anderson. Beneficed persons, 91, 126, 134, 135, 139, 146, 479, 774. Benefices, 53, 68, 70, 127, 155, 162, 211,268, 273, 288, 409, 418, 439, 476, 479, 603, 630, 632–5, 644, 702, 739, 783, 785, 1026, 1123, 1125;—chopping or couping of, 139, 388 ;—demission of 285 ;-dilapidation of, 139, 146, 148, 331–6, 350–2,409, 413, 802, 848, 939, 1131, 1167;—inquisition anent, 851. Bennet, James, minister, 765. Bennett, Sir John, 720. Bennett, John, minister, 765. Berwick, Sheriffdome of, 755, 757, v. Merse. Betoun, James, Archbishop of St. Andrews, 35, 41. Betoun, James, minister of Auld Roxburgh, 393, 572. Betoum, John, of Balfour, 203. Beza, Theodore, 999, 1162. - Bible, The, printing of 327-9, 346, 430, 443, 460, 462 ;—translation of 970. Biggar, Thomas, minister of Kinghorn, 222, 337, 406. . . . . . Bills, Committee of 125, 158, 245, 260, 300, 307, 324, 337, 358, 372, 411, (475, 620, 651, 656, 781, 798, 806, 1047, 1062. Binning, Lord, Advocate, 1022, Secretary, 1109, 1118, 1116, 1140, 1143, 1152, 1158. Birnes, house of 830. - Birnie, William, minister of Lanark, 978, 1038, 1057, 1069, 1080;-of Ayr, 1090, 1092, 1110, 1124, 1131. Birse, kirk of, 802. Birstoam, William, minister, 1089. Bischop, James, minister, 1036, 1152. Bishoprics, kirks of 59. - Bishops, 91, 209-32, 248, 280, 306, 325, 331, 348–51, 404, 453–5, 459, 464, 467, 479, 513, 546, 589, 593, 613, 614, 623, 628, 634, 637, 647, 650, 652–5, 781, 875, 1065–84, 1096–8. Bishops, age of 209, 1098. Bishops, Moderators in Synods, &c. 1096, 1104. Bishops, names of, 650. Bishops, office of 331, 340–3, 352, 353, 408, 413, 425, 474. Bishops responsible to Assembly, 1097. Bishops, titles of 160. Bishops, trial of 666, 667. Bishops of England, 85. Bisset, Thomas, minister, 666. Blacader, Laird of, 40. Black, David, minister of St. Andrews, 816, 836, 855, 901, 940. Black Acts, v. Parliament. Blackbaronie, Laird of, v. Murray. Blackburne, Archibald, minister of Aberdeen, 975, l009, 1017, 1086. Blackburne, John, minister, 1038. Blackburne, Patrick, (Peter P) 706, 736, 863. Blackburn, Peter, minister and Bishop of Aber- deen, 581, 587, 594, 612, 614, 626–629, 639, 646, 648, 664, 685, 688, 692, 696, 703–4, 707, 709, 712–13, 717, 724–5, 729, 737, 757, 763, 767, 780, 795, 799, 804, 811, 828, 846, 849, 850, 856, 859, 861, 892, 934, 943, 947, 949, 971, 975, 980, 986, 996, 1009, 1031, 1036, 1046, 1058, 1079, 1086, 1092, 1109, 1152. Blackburne, Thomas, minister, 651. Blackhall, Adam, v. [Andrew,1320. INDEX. 7 Blackhall, Alexander, of that Ilk, 824. Blackhall, Alexander, minister of Cranston, 204. - Blackhall, Andrew, minister of Ormistoun and of Inveresk, 135, 320, 436, 464, 470, 475, 525, 532, 537, 567, 634, 648, 667, 849. Blackwood, James, parson of Sanquhar, 386, 397, 424, 465, 572. - Blackwood, Peter, 78, 532. Blackwood, Sir William, Dumblane, 803. Blackwood, William, 123. - Blair, Agnes, 775. Blair, Alexander, of Balthiock, 531, 754. Blair, David, of Munckton, 272, 294. Blair, John, of that Ilk, 755. Blair, Thomas, in Boctay, 802. Blair, William, 775. Blantyre, Commendator (Prior) of, v. Stewart. Blasphemy, 19, 746, 873, 874, v. Crimes, Scandalls. Bleckburn, v. Blackburn. Blyth, David, minister, 758, 766. Blyth, Henry, minister of the Canongate, 969, 984, 1152. - Blythe, Richard, Dundee, 461. Bogie, Laird of 1152. Boile, Boyle, William, minister, 351. Boltoun, vicar of, v. Sinclair. Bombie, Laird of, v. M'Lellan. Boncle, Cuthbert, minister, 757. Boncle, Patrick, minister of Pallady Kirk, [For- doun, 222, 531, 549. - Bondronme, John, (v. Wynrhame?) 803. Bonkle, Michael, minister, 266. - - Bonkle, William, vicar of Haddington, 336. Bonkle, William, commissioner from Dunbar, 4. Bonkle and Preston, 318. Bonytoun, Laird of, v. Wood. Books of Diligence (minutes,) of bishops, com- missioners of provinces, visitors, 288, 308, 313, 337, 366, 812, 986. Books, heretical, 279, 289, 306. Books, licensing of, v. Press. Books, v. Discipline, Excommunication, Geneva, Ministers. - Borthwick, Alex, minister of Livingstone, 541. Borthwicke, David, Advocate, 35, 50, 113. Borthwick, Sir John, 5, 41. Borthwick, S., 518. Boswell, George, minister, 406. Bothernock, personage of 224. Bothuell, house of 830. Bothuell, Sir Francis, 112. Bothwell, Adam, Bishop of Orkney, 32, 38, 41, 60, 77, 90, 112, 114, 131, 162–3, 165, 207, 380, 454–5, 468, 589, 592, 597, 614, 802. - Bothwell, Francis, Earl of, 518, 597, 637–8, 747, 755, 837, 845. Bothwell, James, Earl of 112–116, 131, 144. Bowis, (Bowes, English Resident 2) 466. Boyd, Andro, minister of Eaglesham, 818, 977, 986, 996, 1058, 1092;—bishop of Argyle, 1109, 1131, 1143. Boyd, George, reader, Dalry, 276, Boyd, James, collector, 235. Boyd, James, Archbishop of Glasgow, and Com- missioner of Kyle, &c., 280, 286, 288, 290, 293–5, 300, 305, 314–7, 320, 328, 331, 336–8, 342, 348, 351, 352, 355, 359–64, 380–3, 386, 404, 416, 420, 423, 425, 434, 436, 453, 460, 464, 468, 471, 487, 571. Boyd, Robert, Lord, 96, 102, 178, 589, 755, 1143, 1152. #: r Boyd, Robert, minister in Kyle, 394, 998. Boyd, Thomas, 4, 719, % Boyll, John, preacher, 953. Boyman, Patrick, 3. - Boyne, district of 416, 435, 716. Braid, Laird of, v. Fairlie. Braid, John, 113, 261, v. Brand. Braidalbane, visitation of 237. Braidfute, William, minister of Lathrisk, 222. Brand, John, minister of Halyrudhouse, 113,204, 255, 261–2, 281-3, 309–12, 319, 824, 325, 354, 358, 359, 385, 393, 395, 398, 416, 418, 422, 431, 455, 460, 472, 475, 513, 532, 537–9, 545, 546, 565, 567, 581, 587, 592, 612, 623, 624, 628, 642, 648, 656, 664, 667, 668, 686, 700, 749, 765. 8 INDEX. Brechin, Bishop of, v. Campbell, Lamb. Brechin, Castle of 830 ;-Diocie of 1086;— Ministers in, 998, 1086;-Eldership (Pres- bytery) of 549, 770, 778;—Ministers of 34, v. Hepburn. Brodie, Broadie, David, of that Ilk, 825. Browne, Charles, 981. Browne, David, minister, 975, 1087. Brown, Gilbert, abbot of New Abbey, 429, 431, 722, 751, 832, 876, 877, 1053. Brown, Johne, 4, 13. Brown, John, minister, 978. Brown, Sir John, (spouse of) 396. Brown, Lyon, 354. Browne, Richard, minister of Holiewood, 978, 1005. Browne, Thomas, 995. Broxmouth, Laird of, 1057. Bruce, Arthur, burgess of Stirling, 767. Bruce, Edward, Commendator of Kinloss, 859, 861, 867, 902, 1002. Bruce, John, merchant, 716. Bruce, Dr Peter, St. Andrews, 998, 1143, 1152. Bruce, Robert, of Kinnaird, minister of Edin- burgh, 685, 696, 699, 700, 703,707, 710, 712, 725–7, 729, 730, 733–5, 737, 741–2, 757, 765, 767, 771, 780, 784–6, 795–6, 798, 800, 804, 838, 849, 853, 856, 863, 872, 940, 949, 959, 960, 1000–1. Bruce, Robert, of Clackmannan, 755. Bruce, Robert, jesuit, 722. Bruce, Samuel, minister in Caithness, 1035. Bryson, James, person of Durrisdeir, 224, 582, 537, 567, 569, 572;–subchantour of Glas- gow, 646, 664, 685, 758, 766, 849, 850, 892;-Thomas, 896. Buchan, district of, 716. Buchan, minister in, 29, 416, 435, v. Keith. Buchan, Alexander, of Auchmacoy, 825. Buchanan, Buchguhanname, George, of that Ilk, 755. Buchanan, George, 41, 49, 50, 58, 60, 62, 77 ; —Principal of St. Leonard's College, 93, 113; —Keeper of the Privy Seal, 310. Buchannan, Robert, provost of Kirkheugh, and minister of Ceres, 960, 976, 1088, 1092, 1102. Buchanan, Thomas, provost of Kirkheugh, and minister of Ceres, 4, 435, 450–2, 455, 460, 463, 467, 470, 475, 487, 526, 531, 537, 541, 545, 548, 576, 581, 594, 596, 605, 606, 624, 625, 628, 629, 637, 646, 648, 651, 662, 685, 688, 700, 703, 706, 708, 725, 727, 729, 737, 741, 757, 764, 774, 780, 787, 796, 799, 811, 848, 850, 856, 892, 896, 913, 928, 930, 942, 943. Buchanan, Walter, 721. Buckie, Laird of, v. Gordon. Bullinger, Henrie, 90. Burdoun, James, minister in Strathern, 1087, 1152. Burial, 43;-in kirks, 272, 280, 372, 378, 388, 390, 603, 733, 937;—register of, 63, 310, 372, 1124, 1129 ;—superstitions at, 431, 539, 566, 939. - Burne, John, minister of Musselburgh, 13, 204, 559. Burne, Nicol, 464, 472. Burnet of Gask, 826. Burnet, J. of Leyis, 825. Burnett, Robert, minister in Garioch, 1036, 1086. Burmet, Thomas, of Craigmyle, 826. Burnet, William, of Camphell, 824. Burntisland, Lord, v. Melville. Burntisland, Assembly at, 963;-burgh of 979; —minister of 961, 962;—new kirk of, 834, 835;—parishioners of 835. Burrows, burghs, ministers of, 26, 305, 539, 659, 749, 892, 894, 896, 925, 928, 943, 959, 996, 1058, 1123, 1125. - Bursars, 212, 213, 226–8, 1124, 1129. Burtoun, James, minister in Peebles, 803. Butter, Patrick, 917, 952, 982, 995. Cabroch, kirk of, 717. Caddell, v. Calder. Cairleill, Lord, 6. Cairns, John, Reader, 81. INDEX. 9 Caithness, Cathnes, Kathnes, Bishop of, v. Forbes, Gladstanes, Stewart. Caithness, Bishoprick of, 104, 688, 696, 697, 854;-chancellor of, 336;-chanter of, 336. Caithness, Commissioners of, v. Grahame, Hay, Robertson;–Diocie of, 189, 282, 287, 337, 416, 470, 724, 725, 974 ;-kirks of 1061 ; —Presbyteries in, 550, 586, 587, 613, 627, 1035. Caithness, Countess of, 948, 1025. Caithness, Earl of, 407, 411, 754, 762, 1025, 1085, 1099 ;—his daughter, 333. Caldcleuch, John, minister, 667, 856, 896, 959, 972, 979, 986, 996, 1036, 1058, 1088. Calder, Laird of, (Sandilands P) 42. Calder, Alexander, of Aslowan, 826. Calder, John, of Aslowan, 201, 205, 234. Calder, (Cadder?) minister of 722, v. Bell. Calder in Lothiane, 4, 42 ;—minister of, 223 ;- personage of 224;—presbytery at, 523. Calderwood, Laird of, v. Maxwell. Cambo, Cammo, Laird of, v. Myrtone. Cambuskenneth, Cambuskynneth, Abbey of, 105; —Commendator of, Erskine, 571, 610, 957. Cambuslang, minister of 572, 987, v. Howie- son;–parsonage of 224. Cambusmichael, kirk of, 416. Cameron, John, minister, 1090. Cammonell, v. Colmonell. [Campbell, Alexander, I Bishop of Brechin, 315, 331, 348, 454, 467, 593, 614. Campbell, Colin, of Glenurquhy, 207. Campbell, Colin, burgess of Glasgow, 598–600, 604 ;—John, (Colin?) 599. Campbell, Charles, of Skeldoun, 3. Campbell, Dowgall, minister of Fernewell, 917, 998, 1036, 1086. Campbell, Duncan, of Glenurquhy, 754, 1091. Campbell, George, 355. Campbell, Hew, of Teirinyeane, 755. Campbell, John, of Caddell, Shireff of Narne, 754. Campbell, John, 470;-(Bishop of Argyle,) 1080, 1090, 1092. Campbell, Neill, (Bishop of Argyle,) 454, 758, 762, 767, 1038, 1047. Campbell, Robert, 4, 110. Campbell, Robert, of Kinyeancleugh, 54, 182. Campvere, Camphere, in Zealand, minister of, 551. Campsy, minister of 225, 522, v. Shephard. Campsy, personage of, 224. Cannisbie, Camusbie, minister of, v. Webster. Canongate, Cannogate, minister of, v. Blyth. Canons of Discipline, 1124, 1128, 1132, 1157. Cant, Walter, Leith, 203. Canterbury, Archbishop of 42, 1121, 1122. Caprington, Laird of, v. Cunningham. Car, v. Ker. Carbarrie, Good-man of, 598, 765. Carden, (Stirling,) Laird of 83, 182, 526. Cardrois, parsonage of 224. Cargill, Minister of 204, v. Edmistone. Carkettle, Johne, 6. Carletoun, Carrlington, Laird of, v. Cathcart. Carmichael, Laird of 783. Carmichael, James, St. Andrews, 179. Carmichael, James, minister of Haddington, 204, 238, 245, 266, 293, 308, 325, 329, 337, 372, 395, 398, 475, 487, 526, 545, 552, 621, 757, 765, 768, 777, 780, 800, 815, 856, 863, 987, 1037, 1088, 1092. Carmichael, John, Captain of Craufurd, 295. Carmichael, John, of Medowflatt, 380. Carmichael, John, his spouse, 381. Carmichael, John, Minister of Kinneuchar, 940, 961, 967, 976, 979, 980, 984, 986, 989, 1000, 1061, 1069, 1070, 1152–4. Carmichael, Patrick, Minister of Aberdoure, 1003. Carmichaell, William, 3. Carmichael, personage of 773. Carnbie, kirk of, 4. Carncroce, Nicol, 532. Carnegie of Colluthie, David, King's Commis- sioner, 452, 459, 460, 471, 526, 531, 539, 546, 563, 594, 618–9, 703, 707–8, 7.30, 735, 750, 755, 764, 783. - Carnegie, Lord, 1116, 1140, 1143, 1152. Carnegie, Sir David, of Kinnaird, 531, 539, 1022, 1046, 1057, 1079, 1109. Carnell, Carnwall, Laird of, v. Wallace. B I () INDEX. Carnes, v. Cairns. Carnwath, market of 769 ;-personage of 224. Carrail, v. Crail. Carrick, Bailliarie of, 6, 756, 758, v. Kyle. Carrick, Commissioner of, v. Boyd, Lindsay ;— minister for, 29 ;—presbyteries in, 550. Carrlingtoun, v. Carleton. Carstaires, personage of, 224, 336;—persons vi- car of, 336, v. Halden, Kinnaird, Stirling. Carswell, Johne, Superintendent of Argyle, Bi- shop of the Isles, 13, 114, 144, 145. Cashekejohne, Laird of 765. Cassills, Earl of, 6, 39, 95, 178, 1028, 1080. Cassiltoun, Minister of 1057, v. Thomesoun. Catechising, 947, 992, 1051, 1052. Catechism, Craig's, 774, 784, 788. Catechism, Little, 788 ;—Short, 1123, 1127, I 167. Catechism, “God and the King,” 1123, 1167. Cathcart, Lord, and Allan, Master of, 96, 518. Cathcart, Johne, of Carletoun, 13, 110, 436, 460, 526, 532, 541, 545, 756. Cathness, v. Caithnes. Cauden, v. Colden. Causteam, v. Adamson. Cautions, Caveats, 946, 955, 956, 989, 1072–7. Censures, Church, effects of, 388. Ceremonies, 409. Ceres, Cyres, Seres, minister of, v. Conston or Couston, alias Adamson, Buchanan. Cesfurd, Laird of, v. Ker. Chapel of Grace, 1055. Chapel, Magdalen, 325, 403. Chapel Royal, 91, 117, 1056. Chalmer, Andrew, 4. Chalmer or Chamber, David, [of Ormond, 1616, 620, 633, 642. Chalmers, George, minister in Moray, 1036, 1152. Chalmer, James, of Gaitgirth, 110, 353. Chalmer, John, 4. Chalmer, John, of Bobithen, 825. Chalmer, Samuel, 812. Chalmer, William, of Achorthie, 826. Chamber, Alexander, of Balnacraig, 825. Chancellor, Lord High, v. Argyle, Athol, Dun- fermline, Glammis, Huntly, Maitland, Mon- trose, Morton. Channons, Canons, 280. Chaplainties, 129, 158, 155, 212, 215. Chapter, 209, 210, 217–28, 325–7, 366, 408, 409, 414, 417, 571, 573, 634, 883. Charters, Hendrie, burgess in Edinburgh, 742. Chastelherault, Duke of, (Hamilton, James) 38– 40, 136, 138. Checker, v. Exchequer. Chein, Cheyn, James, minister, 717. Chein, John, in Essilmonth, 1055. Cheptoure, v. Chapter. Cheyne, Patrick, of Eslmone, 825. Cheyne, Walter, of Arnege, 825. Children, Examination of, 75, 176, 1123, p. Op- pression ;—illegitimate, 344, 345. Chillane, William, reader at Auchtertole, 695. Chirnesyde, William, of Eistmisbet, 110. Chirnside, William, parson of Luss, 336, 572. Chirnside, Minister of 336, 835, 840, v. Ramsay. Chirnside, Presbytery of 486, 636, 1037, 1089. Chishley, (Chieslie P) J., 518. Chisholme, Alexander, minister, 764, Chisholme, Alexander, of Comer, 718. Chisholme of Cromlix, Sir James, 543. Chisholme, Sir James, of Dundarne, 822, 851, 853. Chisholme, John, 738. - Chisholme, William, Bishop of Dumblane, 721. Christeson, Gilbert, 608–9. Christiesone, William, minister of Dundee, 3, 36, 38, 66, 76, 79, 88, 90, 97, 124, 125, 131, 141, 145, 157, 191, 205, 238, 240, 244, 260, 271, 288, 300, 337, 341, 355, 359–62, 373, 389, 392–6, 409, 416, 427, 432, 435, 450, 470–3, 487, 530, 531, 536–9, 545, 546, 549, 581, 585, 588, 594, 605, 628, 646, 648, 666, 691, 703, 737, 757, 763, 796, 948. Christmas, v. Yule. Citde, [Sevile PI in Spain, 692. Civil matters remitted to the Magistrate, 74, 170, 334. INDEX. II Civil places and power of Kirkmen, 52, 162,164, 206, 210, 264, 267, 409, 425, 459, 1067, v. Vote in parliament. Clackmanan, Sherriffdome of, 755, 757. Clapperton, John, exhorter, 156;-minister of Coldstream, 204, 266, 288, 359, 385, 416, 429, 470, 475, 487, 526, 532, 537, 637, 656, 667, 729, 737, 757, 800, 850, 928, 943, 959, 977, 980, 996, 1000, 1037, 1047, 1049, 1058, 1089, 1092, 1102. Clark, Captaine, 91. Clark, Alexander, baillie, 110. Clark, Andro, 719, 720. Clark, Robert, 803. Clark, William, minister of Anstruther, 238, 239, 256, 260, 331, 977. Clayhills, Andrew, minister of Jedburgh, 318, 320, 337, 354, 358–9, 364, 416, 537, 605, 628, 664, 700, 729, 757, 892, 896, 975. Clayhills, Archibald, 796. Clayhills, Robert, burgess, Dundee, 1143, 1152. Cleish, (Colville P) Laird of 764. Cleish, Minister of, 260, v. Ramsay. . Clephan, Cleppan, George, of Carslogie, 291. Clerk, v. Clark. Clerk of the Kirk, v. Gray, Nicolson, Philip, Ritchie. Clerk Playes, 322, 375, 388. Clerk-Register, Lord, v. Register. Clerkingtoun, Laird of 765, v. Cockburn. Cliddisdaill, 5, 416, 470, 917;-commissioner of 416, v. Hay ;-kirks of, 54;-over ward of, 391,470;-Presbyteries in, 1006;-Synod of, 1049, 1050. Cliddisdaill, George, 998. Clogie, William, minister, 1086. Closeburn, Laird of, 318, 766. Cluny, v. Gordon. Clunie Kilmavenock, minister of, 336, v. Barton. Cochran, William, 388. Cock, v. Cooke. Cockburne, James, Haddington, 203. Cockburn of Ormestoun, Sir John, 707, 765 ;— Justice-Clerk, 824, 861, 902, 1022. Cockburne, Patrick, minister of Haddingtoun, 13, 18, 28, 51, 57. Cockburne, Patrick, tutor of Langtoun, 755. Cockburn, Sir Richard, of Clerkington, Secretary, 765;-Privy Seal, 1014, 1022, 1079, 1109. Cockburne, Samuel, 1091. Cockburnespath, minister of 1126. Colden, Cauden, Cowden, John, Kinross, 976, 989. Coldenknowis, Laird of, v. Hume. Coldingham, Priorie of, 105, 840. Coldingham, minister of, v. Hume. Coldstream, minister of 204, v. Clapperton. Collace, Collasse, Colles, David, 4 ;-John, 110. Collation of benefices, 187, 403, 404, 413, 430, 431, 459, 659, 704. - - Collector, general, 339, 405, 969, 974, 982, 1022, 1046, 1069. Collectory, 201, 408;-clerk of, 169, v. Nicolson. Collector's Compts, 146, 158, 161, 174, 178,263. Collectors, 117–19, 127, 134, 136, 139, 158, 161, 162, 164, 174, 175, 178, 200–2, 234, 235, 260, 339, 405, 408. Colleges, 593, 811, 856, v. University. Colleges, kirks of 35, 213–5, 554, 556, 603, 659;-rents of, 811. Collision of jurisdictions, 192, 193, 527–30, 540 –543, 559, 564, 566, 580–4, 644, 652, 782, 784, 970, 1009–19, 1053, v. Jurisdiction, Montgomery. Collessie, minister of 970, v. Balfour. Collington, Laird of 765. Colluthie, Killuthie, Laird, of, v. Carnegie. Colmonell, kirk of 58 ;—minister of 225, 260, 572, v. Greg. Colquhoun, Colhoun, Umphra, of Luss, 755. Colt, Adam, minister, 892, 973, 976. Colville, Alexander, abbot, or commendator of Culross, 49, 110, 235, 380, 519, 571, 610, 647, 750, 781 ;-his successor, 1022. Colville, Harry, minister, 756. Colville, James, of East Wemyss, 518. Colvile, John, minister of Kilbryde, and (arche- dene of Teviotdale,) chanter of Glasgow, 225, 226, 336, 351, 385, 421, 430, 451. Colville, Robert, 757. Commendators, 210, 226–8, 513. minister of 12 INDEX. Commissariat, 1067. Commissaries, v. Edinburgh, Aberdeen, St. An- drews. Commission (general) of Assembly, to advise the king, 871, 872, 927, 930, 943, 959, 972, 979, 980, 982, 983, 996, 1041, 1050–4, 1057–9, 1064, 1068, 1069;-their clerk, 1013, v. Thomson ;-their meeting prorogued, 1063;—their trial, 936, 941, 971, 982, 983, 989, 1057. Commission, High, 1078–82, 1108, 1119. Commissioner, Royal, to General Assembly, re- quested, 46, 48, 52, 292, 365, 392, 404–7, 413 ;-granted, 449, 452, 473, 475, 552, 585–7, 613, 614, 618, 619, 645–55, 685–6, 708, 709, 742, 762, 836, 867, 890, 974, 1013–15, 1018, 1022, 1023, 1028–31, 1135, 1046, 1065, 1069, 1085, 1092, 1098–1100, 11 16, 1122, 1140, 1142—4, 1154, 1 157, 1 ſ 58, 1165. Commissioners of Countries, Provinces, to visit and plant, 32–6, 96, 113, 117, 134, 150, 183, 257, 258, 261–3, 271–3, 280–3, 294, 311, 321–3, 357, 367–9, 416, 434–6, 460, 461, 479, 654–6, 660–8, 701, 733, 743, 972, 978, 1041, 1061 ;-change of 337, 655, 745;-restricted, 666;-nomination of, 663, 664, 1043–5. Commissioners to the State, to present Articles or confer, 7, 113, 127, 182, 185, 186, 200, 204, 208, 257, 264, 265, 271, 281, 311, 436, 437, 460, 464, 700, 857, 1057. Commissions, copies of, 96, 182, 185, 186, 204 –8, 304, 311, 700, 928, 1070 ;—with full or limited power, 619, 623, 811, 814. Commissions for calling the Assembly, 38, 64, v. Edinburgh ministers. Committees on Bills, Complaints, Grievances, Overtures, Questions, passim, v. Bills, Over- tures, Questions. Communion, 58, (on Sabbath, 309), 992, 1124; —elements, 30, 241 ;—private, 525, 1140, v. Pasch, Articles of Perth. Complaints, 182, v. Articles, Bills, Grievances. Composition, v. Teinds. Comptroller, the Lord, 571, 610. v. Hay, Nicol- som, Tullibardine, Wishart. Conference, privy, 646, 750, 755, 855, 862, 979, 980, 1046, 1047, 1049, 1092, 1 1 16, 1152, 1157, v. Assessors. Conference with State, 538, 552, 686, 688. Conference with State on Policy, 295, 313, 409, 414, 415, 428, 431, 438, 478. Conference at Leith, 207–36, 309, 571, 1096. Conference at Falkland, (July 1598,) 958 ;- (June 1608,) 1045, 1061, 1072;-(May 1609,) 1609–78. Conference at Hampton-court, 1159. Confession of Faith, large, 212, 281, v. Articles of Faith. Confession of Faith, (negative) or National Cove- nant, 512, 515–8, 526, 589, 651, 724, 725, 732, 735, 742, 777, 789, 813, 838, 840, c. Covenant. Confession of Faith, short, (1616) 1118, 1123, 1127, 1129, 1130, 1132–9. Confession of sins, 858, 869, 870. Confirmation, Rite of 1123, 1126. Conn, Patrick, 873, 876–7. Constan, Couston, v. Adamson. Contempt of Ordinances, 47, 51, 53, 66, 139. Contested Settlement, 1005. Contribution for the French exiles, 380, 391. Contribution for the king's guard, 810. Convention, clerical, 958 ;-at Holyroodhouse, 1041. Convention of Estates, 145–9, 155, 182,251, 581, 605, 606, 796, 822, 953, 961, 1065, 1066. Convention, mixed, 821. Conveth, kirk of 921. Cooke, Cock, David, burgess, St. Andrews, 271. Cooke, William, Commissioner of St. Andrews, 36, 320, 817. Cornwall, Nicol, of Ballinhard, 755, 764. Cornewall, Robert, 765, 976, 1037, 1088, 1092, 1099. Corrie, George, of Kelwood, 110. Corruptions in the estate of Bishops, 423–5, 432–4. Corruptions in Ministers, v. Offences. INDEX. 13 Corse, Laird of, 811, v. Forbes. Corsraguell, abbey of 105;-abbot of, v. Ken- nedy. Corston, Laird of, 336. Corstorphine, Laird of 765. Corstorphin, Euphame, 73. Corswell, Laird of, 6. Council at Magdeburgh, 394, 395. Council of Trent, v. Trent. Council, Secret, 5–12, 15–24, 29–34, 40, 44– 53, 115, 206–36, 238, 245–251, 559, 571–5, 894, 951, 1067 ;—Acts of, 100, 105–7, 141, 147, 149, 250, 519, 571, 579, 583, 750, 821, 826, 830, 1014 ;—addressed by Assem- bly for their advice, countenance, and concur- rence, 15, 29, 30, 32, 38, 44, 46, 52, 88, 93, 113, 141–4, 146, 148 ;-clerk of, 758, v. Hay. Countries, Provinces, v. Visitors, 416, 435, 353 –6, et passim. Couper, Minister of, 223, v. Montgomery. Couper, Presbytery of 970, 976, 1037. Couper, Schoolmaster of 46. Court of Session, v. Session. Couston, v. Adamson. Couts, Robert, 825. Covenant, or Confession of Faith, 512, 515–8, 526, v. Confession. Covenant renewed with Bond, (1589–90,) 748, 759–61 ;-(1596,) 862, 869, 870. Cowbairdie, Laird of, 873, 877. Cowden, v. Colden. Cowhill, Laird of, 526. Cowie, 836. Cowper, John, minister of Edinburgh, 560, 686, 688, 690, 699, 702, 710, 711;-of Glasgow, 725, 796, 896, 986, 1005. Cowper, William, minister of Perth, 763, 892, 896, 928, 960, 967, 972, 979, 981, 1046, 1049, 1056–1061, 1066, 1069–71, 1078, 1087, 1089, 1099, 1102;-Bishop of Gallo- way, 1109, 1120, 1126, 1131, 1143, 1152, 1157. Cragmyller, Laird of, (Preston P) 797. Craig, Laird of 355 ;—younger, 873, 877. Craig, James, minister, 539. Craig, John, appeirand of Ramuscraig, 540. Craig, Crag, John, minister of Holyrood-house, 13;-of Edinburgh, 17, 18, 42, 50, 51, 60, 62, 66, 76–82, 88, 93, 95, 97, 100, 112–6, 124, 131, 144, 155–8, 168, 175, 177, 182, 191, 205, 208, 238, 239, 244, 262, 272 ;- of Aberdeen, 288–9, 301, 304, 307, 316, 332, 337, 340, 352, 355, 358–64, 373, 381–95, 398, 404, 407–9, 413, 414, 416, 418, 421, 424, 432, 436;-King's minister, 452, 460, 467–70, 513, 518, 522, 530, 544–5, 548, 550, 563–6, 576, 581, 613, 623–8, 635, 637, 651, 664, 685, 691, 699, 730, 735, 737, 765, 774, 777–8, 784, 788, 805, 838, 848, 852, 969. Craig, Thomas, Advocate, 476, 544, 741, 854. Craig, Thomas, minister, 765, v. Graig. Craig, William, of Craigffentrie, 826. Craig, William, 518. Craigh, v. Creich, Patrick. Craigie, Laird of, [Ros ?] 354. Craigings, William of 110. Crail, Carrail, kirk of, 16, 397 ;—minister of, 16, 73,223, 237, 396, 897, 1016, v. Duncan, Kinneir, Melvill. Cramond, 1069, minister of 770, v. Simpson. Cranston, mass in, 40. Cranstoun, John, of that ilk, 755. Cranstoun, Michael, minister near Edinburgh, 539, 757, 1088, 1092. Cranstoun, Thomas, minister of Tranent, 13, 78. Cranston, Thomas, minister of Peebles, 204. Cranston, Thomas, minister of Libertoum, 429. Cranstoun, Thomas, minister of Askirk, 464, 572. Cranstoun, Thomas, of Moreistoun, 755. Cranstoun, William, 764, 930, 936, 943, 976. Craufurd, Captain, 295, 374. Craufurd, Earl of 95, 178, 539, 571, 633, 770, 930, 1057. Craufurd, Hugh, of Quhithill, 825. Craufurd, Master of 256, 262. Craufurd, Thomas, of Jordanehill, 755. Craufurd, William, of Leifhoreis, 755. 14 INDEX. Creich, Laird of (Betoun,) 532. Creich, minister of, 35, 1017, v. Drummond, Strachan. Creich, Patrick, minister of Ratho, 57, 66, 72, 73, 114, 126, 343. Creichtoun, Alexander, of Karko, 110. Creichton, James, of Coulen, 826. Creichton, James, of Frendraucht, 754. Creichtoun, William, Jesuit, 713, 719, 751. Creichtoun, Alexander, of Newhall, 802. Crichton, James, of Garko, 318, 766 % Crichton, teinds of, 638. Crimen ambitus, 989. Crimes, 60, 111, 124, 159–61, 252, 295, 405, 447, 724, 776;-capital, discipline ament, 145. Cromarty, Sherrifdome of 754, 756. Crombie, Crumbie, Andro, Minister of Rosemar- kie, 800, 847–50, 961, 973. Cruickshank, John, of Tillimorgin, 826. Cullane, Alexander, Aberdeen, 81 1. Cullen, minister of 1131, v. Douglas. Cullen, presbytery of, 1036. Culross, abbey of 234, 235 ;—commendator of, v. Colville;—minister of, v. Dykes. Culsamond, minister of 336, v. Forgue. Cultis, minister of, 31, 184, 204, v. Balfour, Rutherford. Cumine, Cuming, Alexander, of Ailter, 824. Cumine, John, younger of Earnside, 824. Cumine, Alexander, 824. Cummine, Alexander, apparent of Abber, Alter P 825. Cumming, Robert, schoolmaster of Arbroath, 25. Cumnock, minister of, v. Hamilton;—personage of, 224;—vicar of, v. Rynd. Cunninghame, baillerie of, 755, 758, 816, v. Kyle;—commissioner of, v. Boyd, Lindsay. Cunninghame, Andrew, minister, 358, Cunninghame, Alexander, 110, 850. Cunninghame, David, minister of Lanark, 13;— of Monkland, 271, 281, 293, 308, 315, 317, 355, 359, 362, 373;-bishop of Aberdeen, 394, 416, 475, 650, 689, 699, 811, 819. Cunninghame, Captain James, 185. Cunninghame, John, minister, 766, 1005. Cuminghame, John, of Drumquhassill, 110, 182. Cunninghame, Samuel, 668. Cunninghame, William, of Caprington, 473–6, 513, 532, 589, 703, 707. Cunninghame, William, of Cunninghameheid, 38, 60, 200. Currie, curate of, 6;—kirk of, 53. Cushny, vicarage of 194. Custick, Edward, minister of Dumbarton, 572. DAILL, Thomas, in Lothian, 266. Daills, Dales, in the south, 53. Daily, Dalay, 6 ;—parson of, 336, v. Preston. Dairsie, Dersie, 810;--minister of, 222, v. Ram- Say. Dais, Deis, James, minister at Essiltoun, 849,977. Dalbuiff, D'Elboeuf, marquis, 11. Dalgatie, kirk of 487;—minister of 962, 1003, v. Paton. Dalgleish, Nicol, minister of Pittenweem, 475, 537, 552, 574, 594, 624–8, 638, 639, 646, 651, 655, 664, 667, 668, 685, 688, 696, 700, 703, 706, 709, 712, 724, 729, 741, 747–9, 764, 767, 768, 779, 786, 788, 796, 798, 800, 856, 859, 913. Dalhousie, laird of, (Ramsay,) 802. Dalkeith, Robert, 1038. Dalkeith, district of, 757 ;—kirk of, 481 ;— presbytery of, 481, 546, 564, 574, 575, 636, 720, 797, 976, 1037, 1088. Dalmahoy, Damahoy, Laird of 526, 765. Dalmeny, Dummamie, kirk of 72 ;—minister of, 13, 57, v. Fuird. Dalry, kirk lands of, 58. Dalrymple, James, Air, 4, 203, 244. Dalyel, Gawin, Perth, 1091. Dalyel, Ninian, 429, 431, 432, 435. Dangers of kirk or state, remedies and answers, 829–33, 857, 1006–8. Danskine, (Dantzic,) minister in, 699. Darnley, Henry, Lord, v. Henry. Darnock, Locky, kirk of, Logie Durno P 717. Darroche, Robert, minister of Drume, Drymen P 545, 766, 936. INDEX. 15 Darroche, William, Stirling, 3. Davidson, Adam, in Caithness, 356. Davidson, Duncan, minister, 666, 717, 849, 936. Davidson, John, minister of Hamilton, 97, 572, 579, 667, 757, 764, 1037. Davidson, John, regent in St. Leonard's Colledge, St. Andrews, and minister of Libberton and Saltpreston, 289–93, 298, 311, 388, 468, 513, 623–6, 637, 747, 748, 765–8, 777–80, 836, 838, 849, 857–9, 862, 863, 869, 914, 916, 947, 1037. Davidson, Patrick, collector, 234, 667. Davidson, Ranken, in Kyle, 4. Davidson, William, minister of Rathen, 1017. Deacons, 5, 14, 16, 43, 311, 389, 406, 501, 650, v. Discipline. Deanrie, 59, v. Benefice. Dee, Die, bridge of, 772, 777, 829. Deer, Deere, Deir, abbey of, 104;—abbot, com- mendator of, Robert, 153, 155, v. Keith ;- kirks of, 717 ;—minister of 29, v. Narne;— presbytery of, 1036. Defence of the Kingdom, 857–61. Deis, v. Dais. Demission of charge, 296, 297, 302. Denino, minister of, v. Erskine. Dersie, v. Dairsie. Desertion, 42, v. Ministers. Dickson, Alexander, 788, 789. Dillivaird, Tullivaird, laird of, 4, v. Strachan. Dingwell, Andro Keith, Lord, 750, 754. Dingwell, kirk of 670;—presbytery of 481. Dimmure, Alexander, 531, 537;-Dynneir, 470. Diocie, 16, 64, 209, 214, 215, 480–2, 1124. Dischington, of Ardross, 288. - Dischington, Andrew, minister, 1085. Dischingtoun, Thomas, 110. Discipline, 14, 159, 160, 188, 432, 808, 960. Discipline, Book (First) of, 8, 25, 26, 41, 179, 266, 372. - Discipline, Book (Second) of, 365, 373, 383–5, 389, 391—8, 404–9, 414, 419, 434, 445, 462, 487–512, 545, 547, 573, 500. Discipline not dispensed with for rank or money, 284. Disdeir, (Durrisdeir,) minister of 393, v. Be- toun;–personage of 572, v. Glasgow, sub- chanter of Disobedience, 65, 158, 162, 163, 287. Divorce, 19, 30, 31, 35, 54, 146, 148, 262, 267, 270, 306, 333, 344, 345, 389, 524, 874. Doctors (professors) in colleges, 305, 466, 469, 475, 495, 959. Doctors of medicine, 1121. Doctrine, unity of, 14 ;—soundness of 249, 528, 578;-unsound, 374–6. Doddis, James, minister, 532, 567, 667. Dodilstoun, v. Eddilstoun. Donaldson, James, minister, 1090. Donaldson, Matthew, 1017. Donaldson, Thomas, 802. Dornock, kirk of 670, 696, 697;-minister of, w. Pont;-presbytery of, 481. Douglas, 769, 774 ;-personage of 224;—per- son of, 572, v. Loverance. Douglas, Lord, 1050. Douglas, Adam, 766. Douglas, Alexander, minister of Elgin, 666, 736, 795, 800, 849–51, 863, 892, 919, 928, 943, 948, 959, 961, 971, 973, 979, 996, 1000 ; —bishop of Murray, 1036, 1058, 1079, 1086, 1092, 1102, 1109, 1130, 1131, 1143, 1152. Douglas, Archibald, person and archdean of Glas- gow, 181, 192, 193, 235, 532, 567, 572. Douglas, Archibald, minister of Peebles, 649, 667, 757, 765. Douglas, Archibald, of Pendreich, 825. Douglas, George, bishop of Murray, 280, 286, 288, 295, 297, 300–3, 308, 315, 317, 321, 323, 326, 333, 348, 349, 358, 361, 366, 450, 453, 464, 467, 593, 618, 736. Douglas, George, of Bonjedburgh, 755. Douglas, George, minister of Cullen, 518, 1036, 1061, 1131, 1152. Douglas, Hector, minister of Ancrum, 364, 404, 420, 424, 425, 572. Douglas, James, of Spott, 765. Douglas, James, of Drumlanrig, 110, 318, 532, 567, 756, 766, 1091. - Douglas, James, minister, 763. 16 INDEX. Douglas, James, of Torthorwald, 4, 756. Douglas, John, rector of the University, 29, 36, 55, 62, 63, 73, 76, 77, 79, 95, 97;-bishop of St. Andrews, 237–44, 255, 257, 261–64, 269, 281, 286, 291, 298, 305, 320, 334. Douglas, Johme, of Pumfrestun, 13, 18. Douglas, John, in Howden, 13. Douglass, Patrick, treasurer of Murray, 336, 342, 421. Douglas, Robert, of Glenbervie, 110, 594, 718, 825. Douglas, of Glenbervie, younger, 698, 713, 716. Douglas, Robert, person of Mordington, 286, 336 Douglass, Thomas, minister of Logie and Bal- merino, 719, 770, 973, 976, 1088. Douglass, William, minister of Elgin, [Kined- wart,T 666, 718, 756, 936, 1046, 1057, 1061. Douglas, William, of Whittingham, 110, 113, 145, 289, 585, 703, 707. Doune, James, Lord, 571. Doune, Laird of, younger, 811. Dow, Donald, 301. Dreghorne, Laird of, v. Fullarton. Drum, Laird of, v. Irving. Drumblait, minister of 336, v. Spence. Drume, Drymen F minister of, 545, v. Darroche. Drumlangrick, Laird of, v. Douglas. Drummond, Lord, 96, 764;-his daughter, 256, 262. . Drummond, Andro, minister, 1087. Drummond, Charles, provest of Linlithgow, 3. Drummond, Hary, Aberdeen, 813. Drummond, Helen, 816. Drummond, James, Perth, 820. Drummond, John, reader, 287. Drummond, Robert, 275, 277. Drummond, Thomas, minister of Creich, 35, 40, 50, * Drumquhasil, laird of, v. Cunningham. Drumrusch, gudman of, 716. Drummymoure, house of 336. Drunkenness, 284, v. Crimes, Scandalls. Dryburgh, Abbey of 105. Drymen, v. Drume. - Duff, James, 666, 757. Duffus, person of 239, v. Keith. Dumbar, v. Dunbar. Dumbarnie, prebend of, 129. Dumbarton, castle of 234;—minister of 132, 225, 572, v. Custick;-presbytery of 917, 977, 1038, 1089. Dumbennan, minister of 1126. Dumbennan, presbytery of, 1036. Dumblane, Bishop of, v. Bellenden, Chisholme, Grahames ;—bishopric of 234, 306, 416, 435, 754, 757 ;—chapter of, 325 ;-diocie of 18, 531, 754, 757;-kirk (fabrick) of, 706;—minister of, 814, v. Young;-presby- tery of 524, 738, 797, 803, 814;—provost of, v. Stewart ;—synod of, 451. Dumbreck, William, 825. Dumfries, commissary clerk of, v. M'Gie ;- commissioner of, 318, 354 ;—kirks of, 943, v. Nithsdaill;-minister of, 532, 567, 667, 999, v. Bryson, Ramsay ;—presbytery of 978, 1038;—provost of, 999, v. Stewart;-school- master of, 431–3, v. Dalyell ;-sheriffdom of, 756, 758, v. Nithsdaill;-toun of 334, 429, 716, 964, 966. Dummanie, v. Dalmeny. Dun, Laird of, v. Erskine. Dunbar, district of, 4, v. Haddington ;-exercise of, 270 ;—minister of, 49, 204, 223, 647, v. Hume, Simpson ;-presbytery of, 484, 636, 840, 977, 1088. Dunbar, Sir George Home, Earl of, treasurer, 1022, 1028, 1046, 1048, 1056, 1065–71, 1078–80, 1085, 1092, 1094, 1098, 1099. Dunbar, Alexander, apparent of Tarbet, 825. Dunbar, David, collector, 234. Dunbar, David, of Grangehill, 754. Dunbar, George, 978. Dunbar, James, of Tarbat, 754. Dunbar, John, of Barr, 272, 294. Dunbar, John, of Maynes, 825. Dunbar, Mark, of Dullus, 825. Dunbar, Patrick, sheriff-wardatair of Elgin and Forres, 754. Dunbar, Patrick, minister, 1152. INDEX. 17 Dunbar, Robert, minister, 768, 774. Dunbar, William, of Tarbolton, 272, 294. Dunbar, William, minister, 736. Duncan, Andrew, minister of Craill, 764, 1016. Duncan, Henry, 757. g Duncansome, John, minister of Stirling and of the King's house, 35, 40, 124, 156, 186, 200, 204, 222, 244, 288, 289, 293, 295, 299, 325, (commissioner of Galloway, 337, passim to 737,) 343, 353, 358, 359, 362, 365, 372, 373, 387, 391, 392, 395, 398, 404, 407–9, 412, 416, 427, 428, 436, 438, 449, 460, 470, 475, 487, 513, 518, 522, 531, 532, 537, 538, 545–7, 567, 569, 576, 578, 581, 584, 585, 594, 596, 605, 613–6, 624, 628, 635, 646, 649, 655, 664, 687, 692, 697, 700, 730, 735, 737, 757, 767, 785, 848, 852, 896, 910, 928, 938, 942, 969. Duncansone, Thomas, reader at Stirling, 44. Duncansone, Thomas, minister at Bowden, 288. Dundas, David, of Preistisinche, 755. Dundas, George, of that Ilk, 735, 755, 765, …” 1079. Dundas, James, minister, 666, 936, 1036, 1086, 1092;—Patrick and Thomas, ministers, 1086. Dundee, 35, 81, 449, 456, 749, 770, 810, 978. Dundee, Assemblies at, 474, 476, 479, 1042–4, 1073;—Act of, 836, 842, 845, 861 ;-elder- ship of 525, 549, 551 ;—kirk of 638;—mi- nister of, 3, 638, 928, 936, v. Christieson, (Howie,) 948;—preachers in, 998;-presby- tery of 593, 776, 948, 975, 1036, 1087. Dundee, constable of, v. Scrimgeour ;-provost of, v. Halyburton. Dundonald, kirk of, 61. Dunfermline, Sir Alexander Seatoun, Earl of, prior of Pluscardin, 759 ;-Lord Chancellor of Scotland, 1014, 1079, 1080, 1109, 1113. Dunfermline, Abbacy of 233, 719 ;-abbot, commendator of, v. Pitcairn ;-baillie of, 375; —exercise of, 406;-kirk of, 388, 390, 706; —minister of 32, 200, 223, 962, 1020, v. Fairfoul, Ferguson, 1114, Murray;-presby- tery of 487, 961, 976, 1020, 1037, 1088. Dunkeld, bishop of, v. Lindsay, Paton, Rollock. Dunkeld, bishoprick of 232, 264, 270, 350;— cathedral of .287;-commissioner of, 454, v. Row;—diocie of 282, 332, 416, 435, 470, 754, 757;-mass in, 254;-minister of 28, 29, v. Pont, Foullis;–presbytery of 549, 803, 1037, 1087. Dunkirk, 732. Dunmure, v. Dinmure. Dunrod, Laird of, 473. Dunnet Abbey, 104. Dunnibirsle, house of 823, 875, 893, 898. Dunnone, John, 756. Dunse, 810;—minister of, 223;—presbytery of, 1037, 1089. Duntreath, Laird of, v. Edmonstone. Duplin, kirk of, closed, 53. Durem, (Durham) Alexander, 518. Durham, William, of Grange, 3, 60, 110. Durie, John, minister of Edinburgh, 204, 271, 309, 331, 365, 388, 396, 418, 431, 470, 513, 523, 525, 529, .538, 544, 547, 565, 576–80, 583, 604, 616, 623, 626, 637, 666, 686, 691, 729, 730, 763, 796, 800, 849. Durie, John, Jesuit, 716. Durie, John, preacher, 804. Durie, Josua, minister of Inverkeilor, 975. Durie, Robert, minister of Anstruther, 940, 973, 976, 983, 989, 1013, 1016. Durie, Simeon, 1087. Dykes, John, minister of Culrose, 198, 204, 256, 300, 388, 547, 667, 757. Dynneir, Dinmure ? Alexander, 470. Dysart, minister of, 223, 707, 916, 929, v. Murray ;-personage of 929, 930. EDDLESTON, Edelstoun, (Dodilstoun, 572,) mi- mister of 13, v. Hay, George ;-personage of, 131, 224, 450 ;—reader of, 430. Edinburgh, 12, 102, 251, 749, 798, 821, 849, ‘850, 948, 978, 1025. Edinburgh, Castle of 233, 642, 984, (Captain of) 731 ;—College of, 723;-commissaries of, 63, 540, 543, 855, 970, 1079, 1080 ;- divisions in, 586, 598. 18 INDEX. Edinburgh, magistrates and council of 577, 725, 731, 732, 789, 836, 861;-Sabbath- mercats in, 776, 777 ;—sheriffdome of, 755, 757. Edinburgh, kirk of, old (St Giles,) 277, 282, 456, 861, (new,) 857, 862, 869, (Queen's College,) St. Cuthbert's, 277, 282, (Trinity College,) 323;—kirk-session, (eldership,) con- sistory of 29, 31, 35, 41, 42, 60, 72, 79–83, 135, 260, 261, 273, 323, 411, 577, 710, 748, 833 ;-ministers of, 3, 163, 208, 222, 256, 258, 271, 281, 289, 330, 337, 363, 376, 545, 546, 580, 586, 642, 696, 699, 710, 734, 737, 855, 892, 901, 902, 909, 911, 928, 936, 942, 959, 965, 971, 972, 989, 991, 1068, 1123, 1125, 1157, 1167; —presbytery (eldership, exercise,) of, 465–8, 482, 564–74, 584, 587, 589, 593–7, 606, 618, 623, 636, 720, 725, 735, 738, 746–9, 777, 785, 797, 802, 835, 839, 909, 972, 976, 984, 995, 1003, 1037, 1068, 1088. Edmonstone, Admistoun, Edmistoun, Laird of, 720, 797, 1057. Edmonstone, John, minister, 975. Edmonstone, William, of Duntreath, 110, 526, 531, 755, 1091. Edmonstone, William, minister of Cargill, 204, 487, 667, 690, 763, 796. Education, 33, v. Schools. Education, foreign, 425, 426, 437, 965, 967, 968, 990, 1025, 1054. Education of royal family, 965, 968. Eglintoun, mass in, 254. Eglintoun, Earl of, 6, 178, 532, 1028. Eglintoun, Master of, 755, 813. Eglintoun, Archibald, 579. Eglisgreg, (St. Cyrus,) minister of, 222. Eglishame, parochiners of 797, 812, 813, 814; —personage of 224. Egyptians, (Gypsies,) 780. Elders, 14, 43, 311, 496, 549, 650;-election of, 5, 568, v. Policy;—number of, 567. Elderships, 425, 477, 487,497, 537, 546, 549– 52, v. Kirk-Sessions, Presbyteries. Election of ministers, v. Ministers. Elgin, 270, 453, 467, 1025;-kirk-session of, 178;-presbytery of 481, 1036;-minister of, 319, 421, v. Douglas, Garden, Winchester ; —sheriffdome of 754, 757. Elizabeth, Queen of England, 275, 394, 613, 642. Elliot, James, minister, 804, 1086. Ellon, kirk of 717;—presbytery of 952, 1036. Elphingstoun, Laird of, v. Johnston. Elphingstoun, Sir George, of Blythswood, 1091. Elphingstoun, George, of Eastwood, 461, 1080. Elphingstoun, James, parson of Invernoughtie, (Lord Balmerino,) 518 2 764 ;-secretary, 969, 974, 1014 ° Elphingstoun, Michael, 518. Elphinstoun, Nicoll, 396. Endirchariite, v. Inneraritie. England, ambassador to, 613 ;—ambassador from, 642;-association with, 254, 613 ;- bishops of, 85 ;—Queen of, v. Elizabeth. Ennernesse, v. Inverness. Enzie, well in, 1055, Elly, 716. Erection, Lords of, 1067. Errol, bailzie of, 539 ;—kirk of, 416. Errol, Francis Hay, Earl of, 770, 822, 829, 830, 898, 900, 917, 919, 929, 934, 964, 967, 981, 984, 985, 1050, 1067;—his lady, 770, 873, 876. Erron, v. Arran, isle of. Erskine, minister of (v. Hill;)—personage of 224. Erskine, Areskine, Lord, 17, 29, 41. Erskine of Dun, elder and younger, 255. Erskine, John, of Dun, superintendent of Angus and Mernes, 3, 4, 13, 19, 25, 29, 35, 38–40, 49–52, 54, 57–59, 62, 65, 73, 77, 82, 88, 92–5, 10, 1 13, 120, 131, 133, 135, 141, 143, 145, 178, 182, 185, 186, 190, 200, 203, 204, 208, 235, 242–4, 250, 256, 257, 261, 264, 271, 288, 290–8, 304, 307, 309, 314, 316, 318, 320, 322, 331, 332, 338, 341, 348, 352, 359–62, 366, 373, 383, 384, 391, 398, 409, 416, 427, 435, 436, 469, 470, 487, 531, 581, 624, 646, 648, 664, 688, 700, 737, 745. * INDEX. 19 Erskine, J., of Pittodrie, 825. Erskine, John, minister, 975. Erskine, Robert, 518. Erskine, William, [minister of Denino, I 1009– 1012, 1124, 1128, 1131. Eskdale, kirks of, 1061. Essie, parochine of 961. Estate, Third, 210, 369, 479, v. Vote in Parlia- ment. Etterick Forest, mass in, 6, v. Selkirk. Ettlestone, exhorter of, 464. Ewat, Ewart, v. Hewat. Ewisdale, kirks of, 1061. Examination before the Communion, 774, 784, 788, v. Catechising. Excambion of parishes, 953. Exchequer, Lords of 158, 161, 174, 263, 736, 880, 882;-Acts, Articles of, 707, 726, 783, 785, 876, 878, 886, 999. Excommunication, 77, 139, 177, 283, 284, 309, 358, 588, 852, 853, 1004, 1048, 1049, 1098, 1105;-Book of 37, 93, 131, 155, 176,272; —summary, 776, 852, 853, 947. Excommunicats, 144, 267, 272, 279, 583, 590, 748, 749, 768, 802, 952, 982, 990 ;—reset of, and converse with, 279, 580, 583, 590. Execution of justice, 58, 59, 111, 124, 128, 339, v. Grievances, Justice. Exercise, 58, 265, 270, 321, 331, 358, 366, 406, 430, 439, 535, 692, 947, 989, 1097, v. Presbytery, 1101, 1105. Exhorters, 63, 65, 81, 158, 252, 464. Expectants, persons able to teach, &c., 4, 290, v. Preachers. Extension kirks, v. Kirks, (Parishes). FAILFURD, minister of, 105. Fairfull, John, minister of Dumfermline, 764, 930, 962, 969, 973, 976, 989, 1020, 1037. Fairlie, Fernelay, Robert, of Braid, 3, 110, 145, 164, 203, 256, 257, 271, 290, 304, 307, 352, 354, 418, 436, 450, 460, 464, 470, 473, 526, 544, 546, 548, 585, 626, 638, 755, 765. Falconer, Robert, 824. Faldonside, Fawdonsyde, Laird of, v. Ker. Falkirk, kirk of, 163;-minister of, v. Bellen- den, Forrester;—vicarage of 234. Falkland, conferences at, v. Conference;—minis- ter of, v. Mure;—palace of 452, 829;-pres- bytery of 482, 549. Families of the Nobility, 964, 966, 990. Family of the King, 484, 964–6, 969. Family of the Prince, 964, 966, 969, 991. Family of the Queen, 964, 969. Family religion, 873, 964. Famine, 405. Farholme, v. Ferholme. Farnell, Fernewell, minister of, v. Campbell. Farquhar, Hugh, in Crapton, 272, 294. Farquharson, Ferquharson, Donald, of Tilligar- month, 824. Farquharson, William, of Kelleyis, 826. Fast, Fasting, 76, 78, 99, 138, 194, 252, 312, 390, 407–11, 422, 451, 569, 747, 854, 857, 966;--grounds of, 409, 410, 727, 730. Feads, 361, 364, 520, 530, 538, 544, 951. Fentrie, Fintray, v. Graham. Fergy, Alexander, minister of Kilmadock, 757. Fergusson, David, minister of Dunfermline, 32, 124, 200, 238, 244, 255, 261, 272, 281, 288, 310, 337, 359, 373, 379, 384, 385, 388, 398, 406, 409, 412, 415–23, 427, 431, 436, 450, 463, 470, 471, 473, 475, 487, 522, 526, 529, 532, 537, 545–8, 566, 569, 576, 581, 585, 588, 605, 612, 616, 621, 623, 625, 627, 639, 646, 648, 655, 656, 666, 686, 688, 696, 700, 704, 729, 730, 735, 737, 764, 767, 788, 796, 838, 849, 853, 857, 913, 930, 934, 936, 943. Fergusone, William, Dundee, 978, 1091. Ferholme, Ferme, Alexander, 718. Ferme, Farholme, Charles, minister of Frasers- burgh, 958, 1017. Ferme, Finlay, 718. Fermour, David, 396. Fermour, Thomas, 396. Fernelay, v. Fairlie. Fernyherst, Laird of, v. Ker. 20 - INDEX. Fettercairne, Laird of, v. Ogstoune. Fettercairne, Fethercairne, Fettercarden, minis- ter of 223, 734, v. Forbes. Festival days, 332, v. Holidays, Patron days. Fews, v. Tacks. Fiars, 161. Fife, kirks of 54, 416, 435, 470, 523, 719, 725;-sherriffdome of 104, 755, 757 ;—su- perintendent of, 13, v. Winrham;—thrids of, 104, 234;-Synod of 439, 451, 459, 615– 634, 640, 655, 656, 662–4, 705, 833, 835, 908, 912, 935, 962, 989, 994, 1004. Fingask, Kingask, v. Hay. Fintray, Laird of, v. Graham. Fishwick, Fischak, kirk of, 40, 840. Flecher, John, reader in Leuchars, 123. Fleck, (Affleck,) v. Auchinleck. Fleming, Fleyming, Lord, 96, 747. Fleming, James, elder, 13. Fleming, Richard, minister of Slamanman, 266. Flint, John, vicar in Aytoun, 159, Flisk, person of, o. Thomsone;—personage of, 711, 719. Foothie, v. Futhie. Forbes, Forbesse, Arthur, Lord, 11.09. Forbes, Master of, John, 96, 754, 824. Forbes, Alexander, person of Fettercairne, 734, . 800, 838, 849, 856, 892, 959, 972, 975, 980, 996, 1000;—bishop of Caithness, 1035, 1046, 1058, 1060, 1061, 1069, 1070, 1079, 1086, 1092, 1099, 1102, 1109, 1122, 1131, 1143, 1152. Forbes, Alexander, of Thainstoun, 824. Forbes, Alexander, of Auchintoul, 825. Forbes, Alexander, of Fingask, 824, 1017. Forbes, Alexander, tutor of Brux, 824. Forbes, Arthur, minister, 29. Forbes, James, of Fichile, 826. Forbes, John, of Echt, 824. Forbes, John, of Auchanachie, 826. Forbes, John, of Colleis, 825. Forbes, John, minister of Alford, 1000, 1013, 1017. Forbes, Patrick, of Corse, bishop of Aberdeen, 1116, 1120, 1124, 1130, 1131, 1143, 1152. Forbes, William, of Corse, 754, 824. Forbes, William, of Barnes, 825, 826. Forbes, William, of Monimusk, 825. Forbes, William, of Tolquhon, 824. Forbes, Dr. William, minister at Aberdeen, 1116? 1152, 1153. Forbes, William, minister of Kimbethock, 1017, 1.1 16. Fordoun, presbytery of 482. Fordyce, minister of, v. Garden;–personage, vi- carage of, 634, 717. Forfar, sheriffdom of, 3, 104, 754, 757, v. An- gus. Forfest? James, minister, 1091. Forgue and Drumblait, minister of 336, v. Spence. Forgundie, Forgundenny ? kirk of, 972. Fornication, 5, 19, 39, 44, 45, 76, 98, 158, 284, 379, 802. Forres, 270, 754, 757;-minister of, v. Forres- ter, Rae, Simpson ;—presbytery of, 481, 768, 774, 1036;—provost of, 825. Forrest, Ettrick, v. Selkirk. Forrest, David, 4, 18, 28, 29, 41, 66, 79, 90 ; —general of the Conzie-house, 177, 182. Forrester, Alexander, minister of Trament, 204, 308, 524, 589. Forrester, Alexander, of Carden, 186, 200, 755. Forrester, Alexander, minister of Libbertoum, 13, 78. Forrester, Foster, Andrew, minister of Falkirk, 757;-of Dunfermline, 1020, 1088. Forrester, David, Stirling, 767. Forrester, John, minister of Forres, 736, 756. Forret, Sir John, 255. - Forret, Laird of, 719 ;—John, his brother, 719. Forsythe, Alexander, minister of Abercromby, 940. Forsythe, David, commissary of Glasgow, 1080. Fosse, chapel of, 40. Foster, Forrest, v. Forrester. Fotheringham, v. Pourie. Fotheringhame, James, minister of Glenluce, 353, 366. Foulden, minister of 336, v. Ramsay. INDEX. 21 Foullis, James, minister, 29. Foullis, George, commissioner from Edinburgh, 1143, 1152. Foulsie, Fousie, Gilbert, minister of Kirkwall, commissioner of Zetland, 134, 190, 290, 358, 416, 435, 470. France, ambassador of, 616, 620. France, King of, 67, 69,633. Fraser, Simon, v. Lovat. Fraser, Alexander, 826. Fraser, Andrew, in Tyrie, 825. Fraser, Andrew, of Stoniewood, 825. Fraser, James, 518. - Fraser, John, of Crichie, 825. Fraser, Patrick, 531. Fraser, Paul, 345, 666, 685, 688, 699, 757. Fraser, Thomas, minister of Strathcathro, 824, Fraser, Thomas, of Kinkky, 754. Frasersburgh, college of 958 ;—minister of 1017, v. Ferme. - French kirk in England, 466;-contribution for, 356, 379, 391 ;—ministers of, 655, 657. Frenshe, Robert, minister of Eccles, 757, 998. Frewquhy, Freuquhy, v. Grant. Friars, 280;-lands of 785. Frude, Fuird, John, minister of Dalmeny, Dum- manie, 57, 66, 73, (George,) 13. Fullerton, Adam, Edinburgh, 203, 208, 257, 271. Fullertoun, Henry, minister of Forfar, 998. Fullerton, Hew, minister in Nithsdaill, 704, 758, 766, 849, 850, 936, 978, 987, 999, 1006, 1057. Fullerton, John, of Dreghorne, 3, 61, 110, 182, 186. Fullertoun, John, of Kynnaber, 4. Fullerton, John, minister of Sanquhar, 337, 354, 757, 758, 763. Fullerton, William, collector, 234. Fusie, v. Foulsie. Futhie, Arthur, 667;-minister of Inverkeilor, 975, 1036, 1047, 1057, 1079, 1087, 1092. Futhie, Robert, 667. Fyfe, Sir John, 718. Fyfe, Fyffe, v. Fife, Fyvie. Fylder, Patrick, writer, 299. Fynmonth, thrids of 233. Fyvie, kirk of 717. GADGIRTH, Gadyeart, Laird of, v. Chalmer. Gairdin, v. Garden. Gairlies, Garlies, Laird of, v. Stewart. Gaites, v. Gates. Galbraith, Edward, Edinburgh, 767. Galbraith, Patrick, reader at Garvald, 163. Galloway, Andrew, sub-principal in colledge of Old Aberdein, 141–3. Galloway, Patrick, minister of Perth, 475, 581, 588, 605, 647, 648, 654, 655, 667, 685, 686, 690, 696, 700, 703, 704, 718, 735, 737, 741 ;-King's minister, 745, 767, 771, 779, 798, 819, 828, 834, 838, 839, 850, 852, 872, 896, 910, 928, 938, 942, 949, 963, 969, 979, 983, 984, 987, 1000, 1005– 1008, 1013, 1015, 1023, 1024, 1027, 1031, 1046, 1057, 1058, 1061, 1069–74, 1076, 1079, 1109, 1124, 1127, 1128, 1140. Galloway, 6, 416, 436;-bishop of, v. Couper, Gordon, Hamiltoun;—bishopric of (Glasgow 2) 223;—commissioners of, v. Adamson, Dun- canson, Lindsay, Row ;-diocie of 1124;— kirks of, 15, 163,470, 862;-superintendent- ship of, 15, 28, 38 ;—symod of, 950. Gallowscheils, goodman of 6. Galston, Gaston, minister of 42, v. Barron. Garden, Alexander, of Blackfurd, 826. Garden, Arthur, of Banchrie, 824. Garden, George, [Gilbert 3] 634. Garden, George, of Banchorie, 826. Garden, Gilbert, minister of Monifieth, 76, 145; —of Fordyce, 198, 281, (of Elgin, 319 F) 359, 421, 634, 637, 690, 736, 737, 763, (634, George 2) 717, Gordon? e Garden, John, (Gilbert?) 368. [Garden?] Garein, John, 1086. Garden, Thomas, collector, 201. Garden, William, 238. Gardner, Alexander, minister, 758. Gargunnock, Laird of, 763. 22 INDEX. Garioch, kirks of, 416, 435, 716, 834;-presby- tery of 775. Garlies, v. Stewart. Garthland, Laird of, v. M*Dowall. Garvald, Garvet, v. Galbraith. Gates, Alexander, minister in Merse, 977. Gates, Patrick, minister of Edrom, 7, 436, 464, 487, 605, 766. Geicht, Gicht, chapel of 1055. Geicht, Laird of, v. Gordon. General Assembly, v. Assembly. Geneva, 372;-kirk of, 771. Geneva, book of, 30. Germany, Princes of, 1023. Gibb, James, of Carruder, 36. Gibson, James, minister of Pencaitland, 688, 690, 699, 709–12, 727, 734, 757, 973. Gibson, John, in the Mers, 998. Gibson, Robert, priest, 40. Gillespie, Patrick, minister, St. Ninians, 156, 266, 541, 552, 569, 574, 581, 605, 667. Gilmour, Robert, minister, 1088. Girvan, parochinars of, 6. Gladstanes, Dr. Alexander, 1152. Gladstanes, George, minister of St. Andrews, 718, 763, 853, 896, 919, 928, 929, 942, 943, 959;-bishop of Caithness, 966, 969, 972, 974, 980, 983, 986, 989, 996;-arch- bishop of St. Andrews, 1037, 1046, 1058, 1060, 1069, 1071, 1078–80, 1084, 1085, 1087, 1099. Glames, Glammis, kirk of, 695. Glammis, John Lyon, Lord, 96, 128;-chan- cellor, 365, 405. Glammis, Patrick, Lord, 539. - Glammis, Sir Thomas Lyon, master of, treasurer, 741, 754. Glasgow, Archbishop of 226, 280, 690, 603, v. Boyd, Law, Montgomery, Spottiswood. Glasgow, archbishopric of 226, 378, v. Mont- gomery;-archdeane of 226, 572, v. Dou- glas, Greig ;—chancellor of 226;—chanter of, 224, 225, v. Colville;—chapter of 224, 225, 571–3;—deane of, 226, 1152, v. Hamilton ; —diocie of 297, 1124;—subchanter of 572, v. Bryson ;-subdeane of 572, v. Cunning- ham, Polwart;—province of 1080. Glasgow, Assembly at, 473, 476, 1083, 1085, 1102. Glasgow, City, 560, 722, 749, 797, 1025;- magistrates of 578–83, 590, 591, 597–600, 604 ;—provost of 579, v. Stewart. Glasgow, College, pedagogie, university of 315, 325, 337–40, 466, 584, 594, 614, 620;- principal of, 315, 572, 947, v. Melville, Sharp, Smeaton;––professors and students in, 583, 604,977, 1124;-rector of 471, v. Hay. Glasgow, commissary of, 1080, v. Forsyth. Glasgow, commissioner of, 193, v. Hay. Glasgow, High Church of 189, 706;—hospital of, 44, 46;-ministers of, 97, 225, 637, 710, v. Cooper, Weymis;—person, personage of, 192, 224, 235, 236, 240, 572, 1006, v. Blantyre, Douglas. Glasgow, presbytery of 484, 523, 525, 565, 593, 598–600, 613, 614, 618, 650, 689, 725, 771, 797, 804, 815, 977, 1038, 1049, 1050, 1089 ;—superintendent of, 13, v. Wil- lock;-synod of, 803, 1005. Glass, William, minister in presbytery of Dun- keld, 551, 589, 667, 690, 757, 763, 768, 849, 975, 980, 1037. Glebe, Gleeb, v. Manse. Glenbervie, Lairds of, v. Douglas. Glencairn, Alexander, Earl of, 38, 40, 44, 46, 48, 95, 110, 132, 289. Glencairn, James, Earl of, 610, 755, 1022, 1046, 1057, 1080, 1085, 1099. Glendynning, Robert, in presbytery of Kirkcud- bright, 1038, 1057, 1090. Glennegies, Laird of, v. Halden. Glenkindie, v. Strachan. Glenquhome, reader of 302, v. Tod. Glenurquhair, Glenurquhart, Glenurquhy, Lairds of 96, 207, 754, 1093, 1143, 1152, v. Campbell. Glenwhinie, parson of 336, v. Stewart. Glover, Thomas, in Arbroath presbytery, 998. Goodacker, Anne, 42. Goodmans Croft, 834. INDEX. 23 Goodman, Christopher, minister of St. Andrews, 3, 13, 19, 36, 38, 40, 50, 51, 54, 56, 58– 60, 62, 72. Gordon, Alexander, minister of Kirkmichael, Chancellor of Murray, 30. Gordon, Alexander, bishop of Galloway, 15, 28, 31, 32, 38, 39, 49, 52, 56, 65, 77, 83, 90, 112, 114, 131, 150, 261, 273–7, 282, 309, 319, 331, 334, 337, 343. Gordon, Alexander, of Cluny, 873, 877, 919, 1143, 1152. Gordon, Cornelet, his wife, 1114. Gordon, George, minister, 729. Gordon, Gilbert, 717, v. Garden. Gordon, James, Jesuit, 706, 713, 716, 751, 784, 822, 827. Gordon, James, of Haddo, 825. Gordon, James, 725. Gordon, John, younger of Auch[indore, 825. Gordon, John, of Bukkie, 877, 1121, 1122, 1129–31. Gordon, John, of Newton, 873, 876–7, 900, 952. Gordon, John, minister of Spynie and Keith, 336. Gordon, John, of Lochinvar, 10, 96, 532, 567, 756, 766. Gordon, John, of Pitlurg, 754, 919. Gordon, Lord, 873. Gordon, Sir Patrick, of Auchindoun, 822. Gordon, Patrick, of Hilhead, 824. Gordon, Roger, minister of Quhitterne, Whit- horn, 271, 282, 288, 290, 337, 667. Gordon, Thomas, 719. Gordon, William, of Geicht, 873, 877, 1055, 1114. Gorme, Donald M*Coneill, of Slaitt, 756. Govane, person of, 224, 572, v. Smeaton. Gowrie, Carse of, 48, 981 ;—kirks of, 54. Gowrie, William, Earl of, 539, 566, 570, 610, 1000, 1002, 1061. Gowrie's Conspiracy, 1000, 1001 ;—anniversary of (5th August,) 1001, 1002, 1061. Graham, Andrew, bishop of Dumblane, 280, 316–17, 321, 331, 325, 348, 354, 359, 364, 383, 413, 416, 435, 451, 453, 487. Graham, David, of Fintrie, 529. Graham, David, fiar of Fintrie, 633, 638, 642, 698–701, 713, 718, 722, 747, 768, 784. Graham, Gawin, 590, 597–600, 618, 722. Graham, George, minister of Scone, 763, 1000 ; —bishop of Dumblane, 1046, 1079;—of Ork- ney, 1 109, 1131, 1143, 1152. Grahame, Henrie, 110. Graham, James, brother of Fintrie, 719. Graham, John, apparent of Morphie, 825. Graham, John, of Hallyards, Advocate, 333, 579, 637, 645, 647, 667, 722, 731, 781. Grahame, John, elder, 579, 598–600;-younger, . 599. Grahame, Lord, 110, 531, 1046, 1057. Grahame, Master of 96. Grahame of Morphie, 316, 526. Graham, Robert, of Knockdolian, and spouse, 599. Grahame, Robert, minister of Abertill, Aberfoyle, 204, 354. Grahame, Robert, minister of Kirkmichael, Arch- deacon of Rosse, 311, 321, 332, 356, 664, 692, 700, 725. Graham, Robert, Montrose, 203. Graig, v. Greig. Grange, Laird of, v. Durham, Kirkaldy. Grammar Schools, v. Schools. Grant, John, of Freuquhy, 754, 824. Gray, Lord, 698, 718. Gray, Master of 96, 469, 518, 525, 551, 651, 754. Gray, Captain Andro, 833, 835. Gray, Gilbert, chanter of Caithness, 336. Gray, James, 131, 1086. Gray, Johne, scribe to the Assembly, 24, 80, 85, 97, 106, 133, 134, 186, 191, 208, 287, 299, 311. Gray, John, of Fordell, 190, 281–2, 287, 530, 566. Gray, John, Haddington, 203. Gray, Thomas, 718. - Gray, William, minister of Rogart, 666. Gray, William, younger, minister of Dornoch,756. Greig, Greg, James, archdean of Glasgow, min- ister of Commonell, 17, 29, 226, 260, 288, 337, 362, 373, 409, 532, 572. 24 INDEX. Greig, John, 427. Greig, Graig, Thomas, minister near Haddington, 765. Greinock, Laird of, v. Schaw. Greir, George, minister of Haddington, 970, 1144, 1152. Greirsoun, Roger, of Lagg, 756, 1143, 1152. Grey, Michael, 287. Grievances, 577, 58.1–4, 586, 628, 715–24, 744, 875, v. Articles, Supplications. [Grieve,I Greiff, Patrick, 979. Gudeſallow, John, minister of Eglisgreg, 222. Gudman, v. Goodman. Guidland, Agnes, 396. Guise, Duke of, 633;—House of 843, 844. Guthrie, Alexander, of Halkertoun, 3, 54. Guthrie, Alexander, minister, 1036, 1086. Guthrie, Henry, minister, 757, 764, 815, 1087. Guthrie, John, minister of Perth, 1087, 1152. Guthrie, Laird of 110. Gypsies, v. Beggars, Egyptians. HABITs, clerical, 613–14, v. Ministers. Haddington, Thomas Hamilton, of Binning, Earl of, 1079, v. Binning. Haddington, 695;—Abbay of 105;-constabu- lary of 755, 757;-minister of 51, 204, 223; —vicar of 336, v. Bonkle, Carmichael, Cock- burn, Greir ;-presbytery of, 485, 589, 635, 695, 797, 857, 977, 1037, 1088 ;-thirds of, 634. Haddon, Walter, Carstairs, 336. Hair, William, minister, 1085. Halcro, Haleio, Magnus, 35, 270, 286–7. Halden, John, of Glennegeis, 754, 764, 916, 930. Halhill, Laird of, v. Melville. Haliewood, Halywood, v. Holywood. Halkerstoun, Captain, 995. Haliburton, v. Halyburton. Hall, John, minister of Leith, 667, 765, 936, 943, 948 ;-of Edinburgh, 959, 963, 967, 972, 979, 980, 981, 983, 1988, 996, 1031, 1037, 1046, 1049, 1057–9, 1061, 1069, 1070, 1071, 1079, 1088, 1092, 1099, 1102, 1109, 1124, 1127, 1131. Hall, Sir Thomas, 720. Hall, Thomas, in Rouors, 720. Hall, William, Perth, 820. Haltoun, Hawton, Laird of, v. Lawder. Halyday, James, commissary of Dumfries, 1080. Halyburton, George, of Pitcur, 754. Halyburton, James, tutor of Pitcur, and provost of Dundee, 47, 182, 203, 233, 396, 518, 531, 544;—King's Commissioner to the Assembly, 585–9, 610, 618, 619, 703, 704, 729. Halyroodhouse, Halirudhous, v. Holyroodhouse. Halzeards, Lord of Session, v. Graham. Hamilton, minister of 16, 29, 225, 572, v. Da- vidson, Hamilton;—personage of, 224, 572; —presbytery of 797, 977, 1038, 1089. Hamilton, James, Marquis of 38–40, 136–8, 178, 578–80, 605, 634, 747. Hamilton, Lord John, 754–6. Hamilton, Dr Archibald, minister of Paisley, 1089, 1152. Hamilton, Archibald, 4. Hamilton, Claud, abbot of Paisley, and his lady, 804. Hamilton, David, exhorter at Monkland, 158. Hamilton, Găvin, minister, 721, 849, 850, 892, 936, 943, 959, 972, 973, 979, 996, 1000 ; —bishop of Galloway, 1038, 1047, 1058, 1066, 1080, 1090, 1092, 1099, 1,102. [Hamilton, Gavin, I commendator of Kilwinning, 96, 102. Hamilton, Sir James, 96. Hamilton, James, minister of Dalry P 758, 766, 768, 854. Hamilton, James, of Libberton, 755, 800. Hamilton, James, dean of Glasgow, (person of Hamilton,) 1080, 1089, 1152. Hamilton, James, commissary of Lanark, 1080. Hamilton, James, of Kincavell, 36, 532, 539, 567. Hamilton, James, of Rochbank, 765. Hamilton, Sir John, 1022. Hamilton, John, minister of Schotts, 225, 533, 579, 667, 766. INDEX. 25 Hamilton, John, archbishop of St. Andrews, 88, 89. Hamilton, Malcolm, 998. Hamilton, Patrick, 668. Hamilton, Patrick, of Lynnerhauch, 272, 294. Hamilton, Robert, minister of St. Andrews, 4, 27, 97, 124, 145, 179, 189, 194, 237, 260, 262, 290, 293, 297, 312, 334, 351, 358, 373, 375, 422, 433. Hamilton, Robert, minister of Mauchlin and Ochiltree, 17, 28. Hamilton, Robert, minister of Irvine, 97. Hamilton, Robert, minister of Hamilton, 16, 29. Hamilton, Robert, minister, 38, 40, 50, 77, 191, 244, 272. Hamilton, Samuel, son of Hamilton of Preston, 802. Hamilton, Sir Thomas, of Priestfield, 765. Hamilton, Thomas, 518 2 Hamilton, Thomas, v. Binning. - Hamilton, William, minister in Galloway, 1090. Hamilton, William, minister of Cumnock, 572, 800, 978, 980. Hamilton, William, of Cambuskeith, 6, 1047. Hamilton, Sir William, of Sanquhar, 98, 272, 294. Hannay, John, of Wigtoun, 767. Harden, Harne, Laird of, v. Scott. Hardie, Patrick, 54, 55. Harlaw, William, minister of St. Cuthbert's, 3, 13, 78, 204, 266. Hart, John, 13. Hart, William, of Prestoun, 1056. Hart-Gray, Laird of, 598. Harvie, Andrew, of Elrick, 824. Harvie, James, 155. Hauch, minister of 16, 639, (1131, v. Hep- burn.) Hault, Holt, Mr., Jesuite, 616, 620, 642. Hawtone, Hatton, Laird of, v. Lawder. Hawick, teinds of, 638. Hay, William, Lord, v. Yester. Hay, Alexander, of Dalgetie, 825. Hay, Alexander, 826. Hay, Alexander, of Auchmathen, 873, 877. Hay, Alexander, minister, 975. Hay, Alexander, of Easter Kennet, scribe to the Secret Council, 106, 148, 236, 277, 288, 299, 329, 337, 368;-Clerk-Register, 469, 519, 537, 571, 610, 649, 656, 668, 708, 731, 741, 742, 750. Hay, Sir Alexander, (son of the preceding,) Clerk-register, 1109, 1113. Hay, Sir Alexander, of Newton, Secretary, 1079, 1085. - Hay, Andrew, minister of Renfrew, 132, 145, 150;—commissioner of Cliddisdaill, Renfrew, and Lennox, 158, 178, 183, 186, 190, 192, 200, 203, 204, 208, 225, 226, 235, 238– 40, 244, 245, 257, 263, 281, 282, 286, 299, 302, 311, 315–18, 322, 325, 337, 338, 355, 359–62, 365, 368, 373, 374, 381–4, 390, 392, 398, 404, 406, 409, 413–18, 427, 432, 434, 436, 449, 451, 459, 460, 463, 464, 468–75, 487, 513, 522, 526, 537, 538, 545–8, 572, 573, 577, 581, 585, 591, 596, 605, 612, 616, 624, 625, 637, 640, 646, 649, 655, 656, 664, 685, 700, 729, 733, 737, 741, 757, 766, 768. Hay, Edmund, Jesuite, 716, 751. Hay, George, minister of Eddilstoun, 13, 17, 27;-of the Privy Council, 42, 51, 54;—of Ruthven, 63, 77, 79, 113, 125, 131, 135, 165, 184;-commissioner of Aberdeen, 186, 190, 200, 205, 225, 256, 257, 263, 270, 271, 280, 282, 288–90, 295–8, 30.1–4, 307, 308, 314–17, 321, 322, 332, 336;-of Caith- ness, 337, 340, 358–62, 365, 366, 373, 374, 385, 391, 394–8, 416, 435, 450, 451, 460, 463, 470, 471, 530–2, 537, 539, 545, 566– 72, 585–8, 594,605, 606, 613–16, 625, 627, 637, 646, 647, 664, 736, 763, 961, 973, 1036, 1046, 1049, 1058, 1060, 1069, 1070, 1086, 1092, 1124. Hay, George, minister of Turreff, 1131. Hay, Helenor, Lady Livingston, Countess of Lin- lithgow, 721, 965, 968, 982, 1004. Hay, Sir James, of Kingask, comptroller, 1079. Hay, James, minister, 1086. Hay, James, bishop of Ross, 35, 36. D 26 INDEX. Hay, John, minister of Renfrew, 972, 977, 980, 986, 1031, 1038, 1047, 1058, 1080, 1089, 1092, 1099, 1110, II52. Hay, John, of Lochloy, 754, 825. Hay, John, papist, 434. Hay, Nicol, Haddington, 695. Hay, Robert, minister, 1036. Hay, Thomas, minister, 533. Hay, Dr Theodore, person of Peebles, 1110. Hay, Walter, minister, 560, 849. Hay, William, commissary of Glasgow, 1110. Hazlehead, Hesilhead, Laird of, v. Montgomery. Head of the Kirk, 125, 582, 584, 600, 601. Heads, v. Articles. Hegate, Hegget, Archibald, 590, 599, 600, 604, 722, 803. Hegate, William, 599, 604. Helvetia, Confession of, 90, v. Zurick. Henderson, Alexander, minister of Leuchars, 1167. Henrison, Robert, minister, 1090, 1092, 1152. Henrison, Thomas, commissary of Edinburgh, 1079, 1080, 1110. Henry, King, (Darnley,) 108, 109, 115, 137, 144. Henry, Prince of Wales, 852, 943, 964, 969,991. Hepburne, Alexander, bishop of Ross, 280, 321, 326, 348, 349, 355, 358, 420. Hepburne, Edward, minister at Prestoun, 977, 1037, 1047, 1057, 1088, 1092, 1110, 1124, (Hauche, 1131.) . Hepburne, George, 4, parson of Hauch, 16. Hepburne, James, minister, 320. Hepburne, John, minister of Brechin, 4, 27, 34, 39, 44, 455, 467, 531, 648, 763. Hepburne, Patrick, bishop of Murray, 178. Hepburne, Robert, in Teviotdale, 720. Hepburne, Robert, minister, 709, 724, 729, 777, 796, 799, 800. Hepburne, Thomas, minister in Dunbar presby- tery, 1088, 1092. Hepburne, Thomas, minister of Aldhamstocks, 4, 18, 115, 150, 374–6. Hepburne, William, 646. Herald, Lyon, 290. Hering, Archibald, in Stratherne, 355. Hering, James, provostof Methven, 336,351,775. Herlinges, Catharine, 716. Heriot, Adam, minister of Aberdeen, 27, 79, 103, 136. Heriot, George, commissioner from Edinburgh, 971, 978, 991. Heriot, John, of Trabroum, 304, 307. Heriot, Matthew, 802. Heriot, Richard, 518. Heriot, William, reader, 58. Herries, Lady, elder and younger, 7.16. Herries, Lord, 96, 318, 380, 405, 406, 532, 567, 698, 716, 964, 967, 981, 984, 1025. Herries, John, 396 ;—in Dalkeith presbytery, 757, 765. Hesilhead, v. Montgomery. Heterodox opinions, v. Doctrine. Hetlie, George, minister of Abernyte, 719. Hewat, Peter, minister of Edinburgh, 969, 1047, 1079, 1088, 1092, 1109, 1127. Hewie, Robert, 896, v. Howie. Hewisone, Hewsone, v. Howiesone. Hill, James, minister of Erskin, 572. Hislop, Robert, minister at Whitsome, 766. Hogg, Thomas, minister at Dysart, 998. Holidays, 180, 332, 334, 389, v. Gowrie's Con- spiracy. Holt, v. Hault. Holyroodhouse, Lord, 1022, 1046, 1057, c. Bothwell, Stewart. Holyroodhouse, 277, 282, 518, 605, 645;— Abbacie of, 162, 166, 167, 349, 634, 645, 655 ;-Assembly at, 974, 1040, 1041;— canons of 167 ;—chapel of 645, 646;— chapter of, 634;-commendator of 77, 96, 134, 190, v. Stewart, Robert;-conference at, 652–4, 1000 ;—kirk (fabric) of, 131, 163, 167;—minister of 13, 206, 262, v. Craig, Brand;—parishioners of, 274. Holywood, abbot of 616, 620, 1005 ;-kirk of, 1005 ;-minister of, v. Browne. Home, Hoome, v. Hume. Home, Alexander, Earl of 110, 698, 7.06, 719, 720, 821, 833–42, 964, 967, 981, 984, 1025. INDEX. 27 Home, Lady, 6. Home, Alexander, minister of (Dunbar,) 539, 613, 647, 836. Home, Alexander, of North-Berwick, 755, 836, 1091. Home, George, of Spott, 3, 60, 110, 164, 182, 289, 354. Home, Sir James, of Coldenknowis, 182, 436, 526, 532, 704, 755. Home, Sir John, of North-Berwick, 1057. Home, John, minister in Merse, 766. Homicide, v. Slaughter. Hood, Robin, play, 388,407,410, 784. Hooker's Ecclesiastical Policy, 1154. Hope, Edward, commissioner for Edinburgh, 3, 13. Hope, Thomas, solicitor for the kirk, 960. Hospital, (Poor,) 44, 46, 60, 291, 339, 415. Houston, Howston, Laird of, 182, 1057. Houyson, v. Howieson. Howburne, William, 110. Howie, Doctor Robert, principal of Marischal College, Aberdeen, and New College of St. Andrews, 936, 946, 948, 959, 973, 975, 977, 983, 986–9, 996, 1000, 1024, 1058, 1060, 1069–71, 1079, 1087, 1092, (1124 Howit,) 1131. Howieson, David, 435, 470, 531, 566, 587, 666. - Howieson, John, minister of Cambuslang, 545, 572, 579, 583, 590–1, 598, 600, 604, 618, 691, 737, 850, 851, 901, 977, 987, 1000, 1089. Howieson, Thomas, minister of Inverness, 333, 569, 666, 756. Howit, v. Howie. Howston, v. Houston. Hoy, err. Hay of Lochloy, 825. Hume, Hwme, v. Home. Hume, Alexander, 824. Hume, Alexander, of Huttonhall, 755. Hume, Alexander, minister of Logie, 589, 637, 646, 975. Hume, David, minister of Aldhamstocks, 150, 266, 271, 354, 403, 578, 996. Hume, David, minister of Coldingham, 646–8, 757, 840, 1037, 1046, 1058. Hume, Sir George, 824. Hume, George, of Wedderburn, 755, 824. Hume, Patrick, apparent of Aytoun, 755. Hume, William, of Hutton, 290, 354. Hundelee, Laird of, 532. Hunter, Andro, minister of Carnbee, 662;—of Newburn, 837, 842, 845. Hunter, James, 160. Hunter, Janet, in Ormeston, 135. Hunter, Robert, in Dumfries presbytery, 978, 1006, 1090. Huntly, Countess of 873, 876, 877, 948, 965, 1024. Huntly, George Earl of, (the father,) (Chancellor, 77,) 95, 134, 136, 139, 153, 155, 200, 275. Huntly, George, Earl of (the son,) 633, 698, 706, 717–19, 731, 735, 738, 746, 751, 789, 822, 827–30, 892, 896–900, 909, 917–9, 922, 929, 934, 952, 964, 967, 980, 984, 1024, 1048;-Marquis of, 1067, 1098, 1099, 1113, 1121, 1129–31 ;—his children, 1025. Hutton, minister of, v. Hume. , IDOLATRY, 5, 6, 8, 19, 25, 39, 47, 59, 688, 704, 787, v. Mass. Idolatry, monuments of 5, 109, 312, v. Papists. Imposition of hands, 925, 1124. Inauguration of ministers, 155, 173, 176, 196, 323, 386. Incest, 154–6, 196, 305, 803, v. Crimes. Inchaffray, abbay of 112. Inchaw, Robert, minister of Kilmanie, 936, 970. Inchbrakie, (Graham,) Laird of, 182. Inchbrayock and Marytoun, minister of, v. Mel- ville. Inche, parochin of 950. Inchmahomo, abbey of 105. Inchsture, minister of, v. Jarden. Inglis, George, in Linlithgow presbytery, 976. Inglis, Gilbert, 802. Inglis, John, minister of Ochiltrie, 159, 204, 238, 572, 667, 758, 766, 1038. 28 INDEX. Inglis, Natham, Nathaniel, minister of Craigie, 961, 973, 978, 980. Inhibition by the Kirk, 732, 733. Inhibition by Secret Council, 559, 632, 634, 1053. Injunctions to attend worship, 267;-to com- missioners, 96, 188,281, v. Instructions. Inneraritie, (Endercharitie,) parishoners of 770; —personage of 770, 930. Innerlethin, minister of, v. Sanderson. Innermeath, (Stewart,) Lord, 110, 824. Innermeath, Master of, 96. Innerness, v. Inverness. Innertowchie, Laird of, 355. Innerwick, Laird of, 1022. Innes, Innies, Laird of 333. Innes, Alexander, apparent of Innes, James, 825. Innes, John, minister in Moray, 475, 666, 763, 768. Innes, John, of Auchlunkart, 825. Innes, John, apparent of Cockstoun, 826. Innes, Robert, of that ilk, 754, 824. Innes, Robert, of Elreck, 826. Innes, Robert, minister, 666, 725, 736, 756. Innes, Thomas, apparent of Edingeicht, 826. Inquisition, Spanish, 817. Inshaw, v. Inchaw. Instructions, 633, 701, 908, 909. Intrinsic power of the Kirk, 601. Intruders, 27, 44. Intrusion, 482. Inverness, John, Lord, 824. Inverness, 44, 1025 ;—commissioner of, 34, 139;—kirk of, 270;-minister of, 531, 566, v. Howieson;–presbytery of, 481, 847, 1036; —sherrifdome of 754, 756. Inverury, Innerug, kirk of 717, minister of, v. Mylne;—presbytery of 481. Ireland, Alexander, minister, 1087, 1092. Irish tongue, 40, 44, 47, 175, 692. Irvine, Irving, Irwing, 1025 ;—kirk of, 61, 1051;—minister of, 225, 260, 572, v. Ha- milton, Young;—presbytery of 485, 549, , 826. 797, 950, 961, 978, 984, 1038, 1051 ;— preachers in, 998. - Irwing, Agnes, 540. Irwing, Alexander, of Drum, 754, 824, 1079. Irwing, James, minister of Tuiche, 1017. Irwing, John, of Petmurchie, 826. Irwing, William, of Beltie, 825. - Isles, Bishop of 331, 468, 590, 614, 623, 628, v. Carsewell, Knox. Isles, diocie of 470, 480, 756, v. Argyle;— exercise (presbytery) in, 661, 1038;—synod of, 661. JACK, Jak, Thomas, minister of Rutherglen, 572, 573, 579, 757, 766. James III. King, 809. James (VI.) Prince, 104, 108, 109. James VI. King, 117, 125, 129, 138–40, 151, 220, 227, 235, 246, 250, 279, 281, 310, 347, 360, 374, 378, 404–10, 413–15, 419– 23, 434–8, 441–52, 456–9, 461–6, 471–5, 512–30, 534, 535, 538–47, 550–4, 560–2, 565, 571–88, 591–6, 601–14, 618–20, 624, 625, 628–34, 639, 641–68, 685–91, 696– 715, 730–47, 750–3, 756, 758–61, 770–2, 778–80, 784, 785, 788, 796–9, 804–10, 818, 820–39, 854, 859–62, 867–9, 872– 97, 900–10, 914, 918–28, 930–4, 937–46, 948–54, 959–74, 982–91, 994–1035, 1039– 65, 1078, 1102, 1108, et passim ;-his am- bassador, 612, 613;—his articles, 566, 618, 699–702, 804–7, 836, 842–5, 852, 853; his associates, 569, 631, 633, 643, 715, 965; —his authority, 177, 182, 192, 193, 207, 208, 247, 273–6, 295 ;—his commission to attend the Assembly, 587,-instructions to his commissioner, 476, 867, 1122;-a cove— nanter, 518, 742 P 748 P−his house, offences in it, 464, 964, 966,-support of it, 173, 183–6, 188, 207, 232 ;-his letters, 428, 524–6, 552, 558, 889, 1020, 1082, 1092, 1113, 1145, 1164;—his ministers, 438,460, 545, 546, 570, 578, 581, 584, 605, 616, INDEX. 29 635, 646, 656, 745, 785, 805, 806, 828, 848, 851–3, 964, 969, 991, et passim, v. Craig, Duncansone, Galloway, Lowson ;-his petition, 476, 513;-his pleasure, 645;- prayer for, 177, 181, 201, 273;—his queen, 872, 873, 962, 964, 969 ;-and children, 965, 968, 1004;-his questions, (printed,) 890–6, 903–8, 924–6. Jarden, Jerdan, Alexander, minister of Inchsture, Kilspindie and Rait, 45, 50, 245;-of Moni- maill, 433. Jedburgh, 821 ;—abbacie of 234;—eldership of, 549, 1038;—kirk of, 261;—minister of, 532, v. Abernethie, Boyle, Clayhill, Methven;– presbytery of, 482 ;-superintendentship of, 28, 30. Jesuits, 434, 437, 559, 688, 704–6, 727, 748, 771, 796, 821–4, 826, 829, 876, 877, 901, 918, 952, 1052, 1054, 1117–21, 1130. Johnstone, Adam, minister of Creichtoun, 266, 300, 436, 471, 475, 487, 513, 523, 537, 545, 552, 578, 589, 614, 621, 646, 655, 667, 668, 689–91, 700, 706, 709, 724–7, 736, 737, 757, 765, 777, 800, 859. Johnstone, Andrew, 41, 56. Johnstone, George, minister of Ancrum, 404, 475, 537, 649, 757. Johnstone, George, of that Ilk, 825. Johnstone, James, of Dunskelly, 756. Johnstone, James, of Elphinstoun, 50, 113, 186, 200, 203, 271, 289, 436, 548, 729, 731, 765. Johnstone, John, of Elphinstoun, 725, 729, 730, 731, 741, 742, 799. Johnstone, John, minister, 513, 811, 856, 859, 863, 946. Johnstone, John, Scribe of the Secret Council, 10;-commissioner from Edinburgh, 257, 450, 452, 459, 460, 544, 548, 703, 730, 971. Johnstone, John, 475, 552, 621, 640, 707, 780. Johnstone, Robert, of Newby, 756. Johnstone, Simeon, 1090. Johnston, William, 41, 56. Judges, 5, 34. Jure devoluto, de, 869, 871 ;-Patronatus de, 389, v. Patronage, Presentations. Jurisdiction, claimed and discussed in committees and conferences, 29, 50, 128, 139, 148, 185 –8, 247, 249, 275, 280, 293, 295, 325, 327, 343, 344, 362, 540–3, 564, 566, 600, 601, 647, 661, 662, 772, 891, 896, 903–11, 930–2. Jurisdiction, distinguished, 74–6, 179–82, 275, 352, 488–90, 497;-conceded by the State in first instance, 153, 154, v. prima instantia; —concurrence of 19, 139, 141–4, 181, 182, 647, 663, 686, 691, 783, 853, Jurisdiction, enacted and exercised, 29, 425, 564, 703, 704, 807, 811, 846, 847, 926, 1003, 1004, v. Censures, Discipline, Trial, Visita- tion, passim. Jurisdiction, threatened, discharged, suspended, disannulled, 380–2, 573, 583, 1039, 1094, 1140. Jurisdiction, v. Black Acts, Discipline, Excom- munication, Kirks, Manses, Ministers, Pa- tronages, Revocation, Slanderous Proclamation, &c. passim. Justice, Chief, of Scotland, 12. Justice-Clerk, v. Bellenden, Cockburn. Justice, College of 53, 235, 240, 241, 262, 264, 271, 703, 782, 861, 1026, v. Session. Justice, execution of, 128, 140, 146, 188, 252, 305, 405, 632, 644, 659, 715, 731, 787, 875, 877, 1002, 1053, 1054. Justice, Patrick, 820. KAIRNES, Henrie, in St. Andrews, 194. Kars, v. Kerse. Kasinden, (Casinden,) vicar at, 720, v. Neulot. Kathnes, v. Caithness. Keir, Hendrie, 457, 466. Keir, Laird of, v. Stirling. Keith, minister of, 336, v. Gordon. Keith, Alexander, 271, 531, 795, 826. Keith, Alexander, minister, 1088. Keith, Andro, 800. Keith, Archibald, minister of Peterhead, 198,256. Keith, Archibald, minister of Logie and Balmer- inoch, 28, 271, 288. 30 INDEX. Keith, Barbara, 540, 543. Keith, John, minister of Duffus, dean of Moray, 29, 239, 271, 300–3, 308, 355, 452, 537, 587, 664, 699, 729, 736, 756. Keith, John, of Northfield, 825. Keith, John, of Rewinscraig, 825. Keith, Robert, commendator of Deir, 290, 405, 406, 531, 570, 624. Keith, William, apparent of Pittarey, 825. Keith, William, of Ludguharne, 754, 824, 1143. Kellow, Johne, minister of Spott, 4. Kelso, abbey of 105;—presbytery of 482, 638, 1037, 1089. Kelwood, Laird of, 38, 289. Kemp, John, baker, Aberdeen, 1017. Kenlochy, v. Kinlochy. Kennedy, Gilbert, monk of Corsragwell, 6, 722. Kennedy, Gilbert, of Dalquharrane, 110. Kennedy, John, of Brochloch, 722. Kennedy, Thomas, of Bargany, 93, 110, 145, 200, 203, 291, 434, 532, 756. Kennedy, Thomas, of Blairguhan, 755. Kennedy, Thomas, tutor of Cassils, 722. Kennoway, Kennoquhy, minister of, 984, v. Scott. Ker of Fernihirst, 10, 589;-his wife and daughter, 589, 720. Ker, of Fernihirst, Sir Andrew, (captain of the guard,) 1143, 1152. Ker, Andrew, of Faldonside, 52, 110, 165, 182, 203, 290, 354, 418, 470, 526, 532, 544, 545, 560, 755. Ker, Clement, 798. Ker, Edward, 1091. Ker, George, 797, 832. Ker, John, minister in Peebles presbytery, 977. Ker, John, in Haddington, 695. Ker, Mark, Lord of Requests, 552, 558, 560, 561, 565, 643. - Ker, Mark, 751. Ker, Robert, Edinburgh, 751. Ker, Robert, minister at Morbattle, archdean of Tiviotdale, 572. Ker, Sir Thomas, of Hercha, (Hirsell?) 720, 1048. Ker, William, of Cesfurd, 436, 532, 755. Kerse, Laird of 49, 50, 729, 763, (Keyris?) 460. Kersewell, v. Carsewell. Kettins, minister of 204, v. Anderson ;-pres- bytery of, 481. - Keyris, Laird of 460, Kerse P - Kilbride, minister of v. Colville ;—personage of 224. Kilconquhar, Lady, 66. Kilconquhar, minister of, v. Carmichael, Lesley, Spence ;-parochiners of, 58. Kildrymmy, 717;—presbytery of, 481. Kilgour, v. Falkland. Killellan, kirk, minister, parochiners of, 1005. Killerne, personage of 224. Killuthie, v. Colluthie. Kilmacolme, vicarage of 234. Kilmanie, 62, 160 ;—minister of 970, 1016, 1017, v. Inshaw, Ramsay, Sharp ;—vicarage of 237, 239, 240. Kilquhonnatie, Laird of, 716. Kilspindie, 416 ;—minister of, v. Jarden, Row. Kilsyth, Laird of, v. Livingston. Kilwinning, commendator of, v. Hamilton. Kinbethock, minister of, v. Forbes. Kincaid, John, 4. Kincaid, Thomas, 802. Kincardine, sherifdome of, 104, 754, 757, v. Mernes. Kincardine O’Neil, presbytery of, 481, 1036. Kinclevin, kirk of 625. Kinfawns, visitation of, 416. King, v. Henry, James. King, Adam, commissary of Edinburgh, 1079, 1080. Kingask, Laird of, v. Hay. Kingdom, defence of the, 857–61. Kingdom, entering or leaving the, 806, 807. Kinghorn, Earl of 1022, 1046, 1057, 1079, 1085, 1099. Kinghorn, minister of 222, 223, v. Biggar, Scrimgeour. Kinghorn, Wester, (Burntisland,) thirds of 233. Kinghorn, Wester, minister of, v. Mitchelson, Simpson. - INDEX. 31 Kinhilt, Laird of, (Adair,) 950. Kinken, person of 718, v. Leslie. Kinkarth, vicar of, v. M'Quirrie. Kinlochy, Patrick, minister of Linlithgow, 222, 757. * Kinloss, abbey of 232;—commendator of, v. Bruce. Kinmonth, kirk of, 416. Kinnadie, Laird of, 764. Kinnaird, Alexander, apparent of 825. Kinnaird, George, 1090. Kinnaird, John, vicar of Carstairs, 336, 351. Kinneff, parochin of 921. Kinnaird, Laird of, v. Carnegie. Kinneir, Kynneir, Laird of, 764, 970. Kinneir, David, minister, 998, 1087. Kinneir, John, minister of Leuchars, 811, 1057. Kinneir, Thomas, minister of Craill, 237, 396-7. Kinninmonth, Kynninmonth, James, of that Ilk, 548, 956. Kinninmonth, David, minister, 1087. Kinninmonth, Patrick, 4, 110, 203, 238, 244, 257, 272, 436, 531; 598. Kinross, Henry, advocate, 372. Kinross, minister of, v. Colden ;-sheriffdome of, 755, 757, v. Clackmannan. Kintail, Laird of, v. Mackenzie. Kintore, kirk of 717. Kirk, universal, v. Assembly. Kirk, History of the, (Knox's,) 259, 260. Kirk, liberty of the, 449, 450, 463, 548, 612, 631, 634, 650, 771, 989, 1009–19, 1059, v. Pulpit. Kirk, offices in the, 490, 650, v. Discipline, Books of. - Kirk, procurator of the, v. Little, Sym, Strang. Kirk, solicitor of the, v. Hope, M*Kaitney, Mac- kison, Mowat, v. Patrimony, Jurisdiction. Kirkcaldy, Kirkaldie, exercise of, 406, 976, 1037;—minister of 204, 223, v. Scot;- presbytery of, 482. Kirkcaldy, Andro, 66. Kirkcaldy, James, 4. Kirkcaldy, Sir William, of Grange, 110, 233, 531, 695. Kirkcudbright, friars kirk of, 51 ;—minister of, v. Doddis;–presbytery of 482, 969, 978, ! 038, 1088;-stewartrie of 32, 756, 758 ;- thrids of, 105. Kirkheuch, provost of 960, v. Buchanan. Kirklistoun, 4 ;—minister of, v. Law, Strang. Kirkmaho, parsonage of, 224. Kirkmichael, Kirmichael, Laird of, 6. Kirkoswald, 6, v. Oswald. Kirkpatrick, minister of, 225, v. Anderson. Kirkpatrick, Roger, of Closeburne, 756. Kirks, (fabrics,) burial in, v. Burial;-cathe- dral, 280, 312;—civil courts held in, 193;— division of, 861 ;-reparation of, 17, 34, 53, 60, 146, 147, 163, 168, 175, 266, 358, 429, 802 ;-shut, 53. Kirks, (parishes,) disjunction of 801, 950, 956, 957;-division of, 861, 1003 ;-excambion of 953 ;-extension of 801, 950, 1003, 1004 ;-list of, 482–7, 668–84;-union of, 33, 34, 296, 337, 439, 801, 957, 961, 962, 972, 1026;—vacant, 126, 147, 305, 803, 804, 876, 1053, 1061. Kirkwall, 649 ; — kirk of, 669; — grammar school of, 801, 802 ;—minister of, v. Foulsie ; —presbytery of 481. Kirriemure, presbytery of 481. Knockdolian, Laird of, v. Graham. Knockis, Andrew, of that ilk, 826. Knowis, James, 873, 877. Knox, Andrew, minister of Paisley, 579, 757, 800, 813, 943, 959, 973, 987, 996, 1000 ; —bishop of the Isles, 1038, 1058, 1080, 1091, 1092, 1131, 1143. Knox, James, minister, 1037, 1087, 1152. Knox, James, reader in Bathgate, 82. Knox, John, the Reformer, minister of Edin- burgh, 3, 13, 17, 25, 28–31, 37–9, 42, 46, 50–4, 57, 64, 65, 72, 73, 76, 84, 85, 93, 95, 112, 123, 130—2, 145, 155, 157, 165, 168, 182–5, 191, 199, 238, 245, 247, 249, 1162;—his children, 258 ;—his relict, v. Stewart. Knox, John, burgess, St. Andrews, 1143. 1092, 32 - INDEX. Knox, John, minister of Lauder, 532, 539, 605, 646, 649, 666, 691, 730, 757, 850, 851, 859, 863, 892, 936, 943, 959, 972–3, 977, 980, 986, 996, 1000, 1037, 1046, 1058, 1059, 1061, 1069, 1070, 1091. Knox, William, minister of Cockpen, 266. Kyer, (Keir,) Walter, 518. Kyle, John, 767. Kyle, baillerie of, 3–6, 30, 470, 755, 758, v. commissioners of, Boyd, Lindsay ;—feads in, 420 ;—kirks of, 3, 54, 73;-synod of, 1051 ; —visitation of 73, 113, 238, 436, passim. Kynninmonth, v. Kinninmonth. Kynpont, v. Pont. LABOURERs, (tenants,) 40, 47, 48, 49, 60, 108, 146, 507, 511. Ladyland, Laird of, v. Barclay. Lagg, Laird of, v. Grierson. Lamb, Andrew, in Leith, 3. Lamb, Andrew, minister of Arbroath, 800, 853, 856, 892, 896, 929, 936, 959, 960, 969, 980, 987, 989;-of the King's house, 991, 1000;-Bishop of Brechin, 1046, 1058, 1079, 1086, 1092, 1099, 1109, 1131, 1143, 1152. Lamb, Gilbert, 692. Lamb, William, 4, 266. Lammermuir, kirks in, 416. Lanark, minister of, 13, 225, 572, 1069, v. Birnie, Cunningham, Leverance, Lindsay;- presbytery of, 182, 771, 978, 1038;—sheriff- dome of, 470, 755, 757;—vicarage of 721. Landells, Adam, 4. Lands of Abbacies, &c., 601. Lands, Hendrie, 14. Landers, Captain, 104. Langforgound, v. Longforgan. Langtoun, reader of 385. Larg, Laird of, 318. Largo, kirk of, 46. Laswade, Lesswaid, teinds of 1006. Lathrisk, Laird of, 6. Lathrisk, minister of, v. Braidfute, 222. Laud, Robert, 873. Lauder, burgh of 636. Lauthian, v. Lothian. Law, Duncan, 995. Law, James, minister of Kirkliston, 757, 777, 859, (959, Lawson, [Law, I) 967, 969, 972, 979–81, 984, 986, 996 ;—bishop of Orkney, 1023, 1035, 1046, 1049, 1058–60, 1066, 1070–9, 1091, 1092, 1099, 1102 ;—arch- bishop of Glasgow, 1109, 1110, 1119, 1120, 1128, 1131, 1132, 1143, 1152. Lawder, Alexander, minister at Lawder, 766. Lawder, George, 269, 270. Lawder, John, minister, 1088. Lawder, William, of Hautone, 164, 203, 470. Lawmont, Alan, minister, 1088. Lawriestoun, Laird of, v. Straiton. Lawson, Alexander, 810. Lawson, James, v. Lowson. League with England, 254, v. England. Learmonth, Elizabeth, 695. Learmonth, James, younger, of Dairsy, 956. Learmonth, Sir Patrick, of Dairsy, Provost of St. Andrews, 233. Learmonth, William, bailie of St Andrews, 616, 621. Leask, Lesk, Thomas, of that ilk, 616–21. Leask, William, minister, 757. Lee, Lie, Lye, laird of, [Lockhart, 13, 475. Leing, William, 716, v. Durie, John, Jesuit. Leitch, Andro, minister,763, 896, 929, 971,975, 996, 1046, 1058, 1079, 1086, 1092, 1099. Leith, Lyth, 3, 5,526, 636, 795, 979, 1025. Leith, assembly or convention at, 203–236,238, 306;-Report of their proceedings and pro- testation, 245–7 ;—minuted, 309. Leith, ministers of, 13, 222, 330, 948, 959, 1068, v. Lindsay, Murray. Leith, North, parochin of 1003. Lennox, the, 755, 757, v. Dumbarton, sherriff- dome of;-commissioners of 200, 416 ;— kirks of 722, v. Cliddisdaill, Hay. Lennox, Esme Stuart, Earl of 456–7 ;—Duke of, 452, 518, 527, 542–3, 571, 580, 584, 750, 824, 981. Lennox, Ludowick, Duke of, 750, 754, 824,981. INDEX. 33 Lennox, Matthew, Earl of Regent, 165, 173, 174, 184–8, 193, 199, 200, 274. Lent, Lentron, 389. Lentron, Thomas, burgess, St Andrews, 1143." Lermonth, v. Learmonth. Leslie, Laird of, (his chappell) 717;-(his house) 716, v. Airth. Leslie, Alexander, Person of Kinken, 718, 832, 952, 995. Leslie, Alexander, of Peill, 873, 876–7. Leslie, Andrew, of Newleslie, 825. Leslie, Andro of the Peill, 716. Leslie, Duncan, of Pitcaiple, 825. Leslie, George, minister of Strathmiglow and Auchtermuchtie, 13, 36, 90, 238. Leslie, George, minister of Kilconquhar, 158, 204, 238 P Leslie, John, of Dandaleith, 825. Leslie, John, bishop of Ross, 717. Leslie, Petrie, of that ilk, 825. Leslie, Petrie, of Kincraigie, 825. Leslie, William, of Wardes, 824. Leslie, William, of Warthill, 825. Leslie, William, of Concraig, 995. Letham, Adam, minister of Currie, 266. Letham, goodman of, 49. Letter, slanderous, 615–18, v. Russell, David. Letters, from the Assembly, 73, 140, 450;—in- serted, 84, 85, 93–5, 98, 120, 133, 190, 441, 449, 561, 688, 697, 930. Letters to the Assembly, 132, 198, 450, 456, 524–30, 914 ;—inserted, 101–3, 136, 150, 185, 199, 247, 258, 259, 277, 428, 44 1, 452, 914, 1093. Leuchars, kirk of, 811, 1004;-minister of, 47, 222, v. Kinneir, Ure ;-reader of, 123, v. Flecher;-vicar of, v. Allan;–vicarage of 705, 719, 811. Leverance, John, minister of Lanark, 97, v. Loverance. Levingstoun, v. Livingstoun. Libberton, kirk of, 163, 168;—minister of, 13, 429, v. Cranston, Davidson, Forrester. Liberty of the Kirk, v. Kirk. Liberty of the pulpit, v. Pulpit. Licence to travel, 51. Lichtoun, Robert, Montrose, 544. Lichton, Thomas, Dunglass, 266. Liddell, Matthew, Tymingham, 266. Lidderdale, James, of St Mary's Isle, 756, 766. Lie, v. Lee. Likprevick, Robert, printer, 76, 164, 178. Linclowden, commendator of 783. Lindoires, John, commendator of 77. Lindsay, Lindesay, Lord, 38, 41, 49, 71, 110, 419, 750, 755, 764, 824, 960, 1022, 1046, 1057, 1079, 1085, 1109. Lindsay, Master of 10, 703, 729. Lindsay, Alexander, minister of St Madoes, 849, 850, 892, 936, 943, 959, 960, 967, 972, 979–81, 984–7, 996, 1000, 1024, 1037 ;— Bishop of Dunkeld, 1046, 1058, 1060, 1069, 1070, 1079, 1087, 1092, 1131, 1143, 1152. Lindsay, David, minister of Dundee, 1124, 1131. Lindsay, David, minister of St Andrews, 804, 998;-of Leith, 1068. Lindsay, Dr P 1157. Lindsay, David, minister of Leith, 3, 13, 18, 66, 76, 88, 90, 113, 125, 131, 134, 145, 155, 161, 165, 168, 177, 178, 182 ;—commis- sioner of Kyle, Carrick and Cuninghame, 186, 190, 200, 203, 204, 208, 235, 238–40, 244, 250, 256, 257, 262, 263,266, 271,273,276, 281, 282, 289–91, 295, 299, 303, 310–13, 317, 329, 337–40, 351, 356, 359, 361, 362, 365, 367, 373, 374, 383–7, 391–4, 398, 403, 406–9, 414–7, 422, 430, 436, 452, 459, 460, 463, 464, 469–73, 476, 513, 522, 525, 526, 532, 537–48, 563–6, 576, 581, 585, 586, 589, 592–5, 605, 612, 624, 625, 629, 637–9, 646, 647, 650, 655–7, 664, 667, 668, 685, 688, 697, 700, 703, 704, 707–9, 712, 713, 724–31, 734–7, 741, 742, 749, 765, 767, 771, 780, 784–7, 795, 800, 811, 819, 836, 838, 841, 849, 850, 854, 857, 863, 872, 896, 910, 913, 928, 940, 942, 943, 959, 960;-bishop of Ross, 967, 969, 972, 973, 979–83, 986, 996, 1003, 1036, 1057–9, 1068, 1079, 1152. Lindsay, David, of Edzell, 754, 34 INDEX. Lindsay, [David] of Balcarras, 1152. Lindsay, J. of Broadland, 824. Lindsay, James, 114. Lindsay, Jerome, 979. Lindsay, John, minister in Lanark presbytery, 1000. Lindsay, John, parson of Menmuir, secretary, 703, 831, 842, 940. Lindsay, Margaret, 366–7. Lindsay, Patrick, minister of St. Vigeans, 763, 975, 1000, 1046, 1058, 1079, 1087, 1092, 1099 ;—Bishop of Ross, 1109, 1131, 1143, 11 52. Lindsay, Laird of Waime, 719. Lindsay, Patrick, his brother, 719. Lindsay, Robert, minister of Lanark, 436, 470, 572, 757, 766. Lindsay, Thomas, collector, 234, 649. Lindsay, Walter, of Balgay, 524, 797, 830, 832. Linlithgow, 3, 523, 822, 865, 1011. Linlithgow, Assembly at, 1020, 1022, 1035, 1039, 1040, 1046, 1056, 1070, 1072, 1073; —exercise of, 57;—minister of, 222, v. Kim- lochy;-presbytery of, 486, 523, 549, 564, 574, 575, 637, 738, 976, 982, 1037, 1088; —sheriff of 36, 41;—sheriffdome of 755, 757. Linlithgow, Alexander, Earl of, 1004, 1022, 1057, 1099. Linlithgow, Countess of, v. Hay. Lists, v. Kirks, Preachers, Presbyteries. Littill, Clement, procurator of the Kirk, 35, 40, 50, 110, 113, 118, 262, 271, 289, 299, 310, 352, 362, 365. Little, Janet, 61, 66, 72, 74. Little, William, provost of Edinburgh, 526, 577, 578, 725, 730–2, 742, 751, 767, 798, 836, 873. Liturgy, 1127, 1132. Livingston, exhorter of 156, v. Clapperton ;- minister of, v. Borthwick. Livingston, Alexander, minister in Stirlingshire, 757. Livingston, Beatrix, 54, 55. Livingston, Harie, minister, 763, 800, 849, 936, 943, 959, 973. Livingston, John, of Dunypace, younger, 755. Livingston, Lady, v. Hay, Helenor. Livingston, Lord, 96, 755. Livingston, Robert, minister, 1089. Livingston, Sir William, of Kilsyth, 1022, 1046, 1056, 1085, 1109, 1140, 1143, 1152. Livingston, William, minister of Covington, 381, 977. Loathein, err. v. Letham. Lochinvar, Laird of, v. Gordon. Lochlevin, [Douglas, Laird of, 352, 703, 704, 729, 741. Lochmaben, presbytery of, 482. Lockhart, Andro, 4. Lockhart, John, Ayr, 722. Locky, Dornock, v. Logiedurno. Logan, James, minister, 1038, 1089. Logan, John, 764. Logan, John, monk of Newabbey, 770. Logie, John, minister, 1086. Logie and Balmerino, minister of, v. Douglas. Logiealmond, house of 830. Logiebryd, kirk of, 625. Logie-Buchan, Logilichan, kirk of, 717;-minis- ter of, v. Reid ;—vicarage of, 194. Logiedurno, Locky Dornock, 717. Logie-mar, kirk of 717. Logierait, Logieret, reader of, v. Robeson. Longforgan, minister of, v. Spittell. Lothian, Earl of, 1022, 1046, 1085, 1099, 1143, 1152. Lothian, Master of, 1022. Lothian, archdeane of 223;—bishop (suffragan,) in, 280;-commissioner of, 664, 691, 695, v. Lindsay;-kirks of, 6, 54, 163, 300, 416, 436, 470;-superintendent of 13, v. Spottis- wood;—synod of, 438, 439, 525, 535, 538, 547, 587, 588, 635–7, 647, 692, 865, 912, 936, 941, 1003. Lothian and Tweeddaill, Synod of, 588, 982. Lots used in arranging business, 14. Lovell, George, Dundee, 3, 10. Loverance, John, minister of Douglas, 572, 766, 774, v. Leverance. Lovat, Lord Fraser of, 1057, 1079. INDEX. 35 Lowdoun, Lord, 1046, 1057. Lowson, LLaw PT James, 959. Lowson, (Lawson,) James, sub-principal of King's College, Aberdeen, 177, 198;—minister of Edinburgh, 191, 261–2, 281, 289, 290–1, 293, 295, 298–9, 310, 313–8, 322, 329, 334, 337, 340, 352, 356, 359–62, 365, 373– 4, 379, 383–5, 391–4, 398, 403, 406–9, 413, 418, 420, 427, 436, 449, 451, 457, 459, 460, 463,466–7, 469, 471, 473, 522–5, 530, 532, 536, 539, 543–6, 548, 550–63, 565–6, 574, 576, 581, 585–6, 589, 592, 594–5, 605, 612, 614, 623–7, 639, 696, 699. Lucheris, v. Leuchars. Ludguharn, Lutduharn, v. Keith. Lumsdane, John, of Cuschnie, 824. Lumsden, Robert, of Clowayeth, 194. Lundie, Laird of, 46–50, 145, 182, 289, 290, 365, 418, 414, 432, 436, 449, 452, 460, 469–71, 531, 546, 548, 585, 594, elder, 764. Lundie of that Ilk, Walter, 60 ;—William, 110, 186, 200–4, 207, 208, 235, 244, 755. Lundie, George, minister of Cramond, 331, 648. Luss, parson of 336, 572, v. Chirnsyde;—per- sonage of, 224. Lyall, James, 824. Lye, v. Lee. Lynd, John, minister of Irving, 61. Lynlithgow, v. Linlithgow. Lynton, kirk of, 4. Lyon, Elizabeth, 695. Lyth, v. Leith. M*AULA, Duncan, 359, 470, 475. M“Birnie, John, minister at Ferry-port-on-craig, 970. - M’Call, Mungo, Edinburgh, 1091. M“Callum, John, minister, Argile, 1090. M’Callum, Nicoll, minister, Argile, 1090. M“Calzeane, Thomas, advocate, 35, 50, 76, 113, 177, 182, 310, 323, 324. M“Clayne, v. M'Lean. M‘Clellane, v. M'Lellan. M'Clennoquhan, Ninian, 667, 758, 766. M“Cloid, v. M'Leod. M*Colme, v. Malcolm. M'Coneill, Angus, of Dunnyveg and Glennis, 758. M'Corn, M'Crone, M*Kern, M'Quherne, John, minister of Straiton, 487, 532, 572, 649, 656, 667, 758, 766, 850, 859, 1057, 1090. M“Culloch, Golfride, 31. M“Douell, W thrid, of Garthland, 756, 950. M“Gavin, M*Gown, William, commissary of Wigton, person of Minto, 336, 351. M“Gie, John, commissary clerk, Dumfries, 716. M“Gie, Thomas, minister in Edinburgh presby- tery, 266, 539, 559, 648, 691, 757, 765, 777. M“Gill, David, of Nisbet, 464, 467, 471 ;— Lord Advocate, 590, 596, 599, 600, 605, v. Proclamation, Slanderous. M“Gill, James, of Rankeillour, Clerk—Register, 30, 33, 35, 41, 49, 66, 103, 110, 129, 161, 168, 181, 182, 207, 236, 388, 390. M“Gown, v. M'Gavin. - M“Grigour, Patrick, preacher, 998. M“Ilrorie, Donald, minister in Argyle, 1090. M*Intosh, Angus Williamsone, in Termet, 754, M“Kaitney, James, solicitor for the kirk, 50. M“Kenzie, Colin, of Kintail, 754, 1085. M“Kenzie, John, minister in Ardmanach, 795, 847, 1152. M“Kenzie, Kenneth, 110 ;-of Kintail, 824. M“Lean, M*Clayne, Lachlane of Dowart, 756. M“Lellan, M'Clellan, Thomas, of Bombie, 756, 1091, 1143. M“Leod, M*Cloid, Donald, of Harris, 756. M“Millane, Gilbert, Air, 110. M“Quherne, v. M'Corn. M'Quhirry, Alexander, Jesuit, 716, 720, 751, 836, 841, 876, 877. + M“Quhyn, Makguhyn, 188. M“Quirrtie, James, vicar of Kingarth, 803. M*Verit, in Bute, James, 19. Magistrates, 5, 489, 939, 502. Magdalene Chapel, 325. Magdeburgh, Assembly at, 394, 395. Maitland, Sir John, Chancellor, 645, 685, 704, 708–11, 721, 731, 733, 750, 755, 762, 783, 824;—Secretary, 647, 649, 656, 686, 697. 36 INDEX. Maitland, Robert, dean of Aberdeen, 76, 289, 293, 298, 299, 317, 325, 1086. - Maitland, William, of Lethington, secretary, 38, 41, 48, 49, 110. Makeson, George, solicitor of the kirk, 113, 299, 300, 309, 313, 667. Malcolm, John, minister of Perth, 788, 1152. Malcolm, William, minister, 1000. Malice, Constant, burgess, Perth, 1143, 1152. Maner, personage of, 224;—minister of, v. Dou- glas. - Manse and Glebe, 17, 23, 30, 33, 40, 49, 53, 60, 145, 147, 164,268, 280, 281, 358, 535, 568, 636, 659, 772, 785, 810–12, 939. Manson, Finlay, minister, 666. Mar, district of 416, 435, 716;—presbytery of, 775. Mar, John, Earl of 110 ;-Regent, 205–8, 217– 21, 231–4, 238, 244–8, 250–4, 378. Mar, John, Earl of 519, 571, 704, 755, 763, 824, 958, 1079, 1109. Mar, Countess of 722. Marbottle, v. Morbattle. Marche, Earl of, v. Stewart, Robert. Marche, William, minister of Forgan, 764. Marchinstoun, Merchinstoun, v. Naper. Marischall College, v. Aberdeen. Marischall, George, Earl of 531, 570, 624, 625, 704, 717, 741, 754, 799, 802, 811, 813, 821, 824, 1079, 1109. - Marischall, William, Earl of, 38, 40, 41, 104. Maritoun, minister of, v. Melville. Marjoribanks, John, Edinburgh, 76. Markill, mass in, 6. Marr, David, burgess of Aberdeen, 271, 1012. Marriage, 45, 80, 114, 171, 173, 180, 197, 345, 346, 846;-age requisite to, 953. Marriage, banns of 66, 72, 114, 441, 939, 970. Marriage, impediments of 91, 172, 323, 775; —adultery, 91, 366, 367, 524, 539, 746, 937, 953;-affinity, 72, 196;-consanguini- ty, 5, 62, 91. Marriage, minister officiating, 63, 72, 192, 323, 343, 441, 855. Marriage, promise of 32, 54, 66, 171, 196, 343. Marriage, register of 1124, 1129. Marriage, solemnization of, 30, 195, 196, 970 : —place of 91, 192, 393, 524, 525, 695;- time of 114, 439–41, 1002, 1101. Marriage, unlawful, null, 197, 855. Marshall, v. Marischall. Marshall, Merschall, John, 975. Martin, James, minister of Kemback, master in Salvator's College, 433, 570, 629, 638, 639, 654, 667, 707, 708, 764, 946, 976, 986 ;- rector, 1079, 1088, 1092. Mary of Guise, queen-regent, 809. Mary, Queen of Scots, 11, 16–24, 30, 33, 34, 47, 48, 51, 53, 58–71, 82, 85, 88, 89, 102– 8, 112–15, 131, 137, 144, 166. Mason, v. Meason. Massacre of Protestants at Paris, 250 ;—procla- mation by Regent, 250;—ministers' proposals, v. Articles. Masse, Messe, 6, 19, 40, 47, 53, 67–9, 109, 123, 254, 589, 830, 990, 1053, et passim. Matlame, v. Maitland. Mauchlim, kirk of 99, 272, 294 ;–minister of 17, 98, 99, 225, v. Hamilton, Primrose. Maxwell, Lord, 318, 380, 532, 567, 651, 652, 984, 985, 1025. Maxwell, Sir George, 1089. Maxwell, Homer, 716. Maxwell, James, of Calderwood, 755, 1091. Maxwell, Sir John, of Terregles, 49. Maybole, Mayboill, kirk of, 6;-presbytery of, 482. May-plays, 388, 440 ;—king of, 407, 410. Meason, Mason, Steven, minister of Culsamond, 531, 566, 587. Meginche, gudeman of 751. Meigle, Meagle, minister of, v. Nicolson;–pa- rochin of 983, 991 ;—presbytery of 961, 975, 1037, 1087. Meinyies, Menyies, v. Menzies. Meldrum, Alexander, jesuit, 716. Meldrum, Andrew, apparent of , 826. Meldrum, Andrew, of Auchorthie, 826. Meldrum, George, of Dumbreck, 825. Meldrum, James, 272. INDEX. 37 Meldrum, William, of Mancofer, 824. Melrose, abbay of, 105;—minister of 18, v. Pont;—eldership of 482, 546, 636, 1037, moderator of 569. Melville, Melvin, Andrew, principal of the Col- lege of Glasgow, 310, 315, 317, 321, 325, 337, 340, 352, 356, 358, 362, 365, 373, 374, 383, 385, 391–8, 403, 406–9, 412, 413, 418, 427, 432, 434, 436, 450, 459, 460, 463,466, 469 ;-of the New College of St. Andrews, 471, 522, 525, 526, 531, 536, 542–8, 559, 562, 567, 568, 576–9, 585, 586, 590, 597, 598, 605, 612, 614, 623– 629, 637–9, 651, 655, 662, 685–6, 688, 690, 693, 696–700, 703, 706–7, 713, 725, 729, 733, 735, 740–1, 747–8, 764, 767, 774, 780, 784, 795, 796, 800, 804, 81 1, 813, 819, 834–5, 838, 844, 846, 848, 853, 859, 861, 863, 946, 988. Melville, Archibald, (Andrew P) 796. Melville, James, senior, minister of Menmure, &c. 4, 88, 97, 198, 204, 245, 271, 277 ;- of Arbroath, 290, 297-300, 320, 324, 372, 373, 487, 581, 656, 666, 699, 757, 763. Melville, James, junior, minister of Kilremmy, 637, 668, 696, 712, 725, 740, 745, 757, 764, 767, 804, 834, 838, 839, 848, 849, 853, 856, 863, 872, 892, 896, 913, 914, 928, 930, 949, 959, 960, 976, 980, 984, 986, 989, 1000, 1009, 1011, 1012. Melville, James, senior orjunior? 452, 459, 526, 539, 552, 579, 741, 787, 796–800. Melville, James, of the bed-chamber, 527, 529, 542, 543. Melville, Sir James, of Halhill, 764, 804. Melville, of Raith, John, 110 ;—senior and ju- nior, 764. Melville, John, minister of Crail, 16, 73. Melville, Patrick, regent, St. Andrews, 764. Melville, Sir Robert, of Murdocairnie, treasurer- depute, 705, 712, 731, 750, 783, 824, 836. Melville, Sir Robert, of Burntisland, (son of the preceding,) 1022. Melville, Richard, minister of Inchbrayock and Maritoun, 4, 13, 290. Melville, Thomas, minister in diocie of Aberdeen, 717. Memorialls by the Bishops to the King, 1066. Menmure, Lord, 940, v. Lindsay. Menmure, minister of, v. Melville. Menteith, Erle of, 47,49, 95. Menteith, William, of Kers, 755. Menteith, stewartrie of, 54, 237 754, 757 ;— planting of 35, 47. Menzies, Gilbert, of Petfoddels, 825. Menzies, James, minister, 1087. Menzies, Thomas, provest of Aberdeen, 10, 103, 811, 813, 1016. Menzies, William, 110 ;-minister, 703, 707. Mercer, Merser, Andrew, 355. Mercer, Robert, minister of Banchorie, 332, 1086. Merchinstoun, Laird of, v. Naper. Merchistoun, Richard, minister, 1086. Merkinch, minister of, 222. Mernes, (v. Angus,) kirks of, 4, 416 ;—mini- sters in, 1086;-presbytery in, 531, 549, 593, 917, 975, 1036. Merschell, v. Marischall. Merse, Merce, commissioner of, 385 ;—kirks of, 18, 53, 54, 416, 436, 470;-preachers in, 998;—presbyteries in, 588;-synod of, 636, 803, 977. Mertin, v. Martin. Methlick, excambion of 953. Methven, provestrie of 233, 336 ;—provest (minister) of, 223, 336, v. Hering. Methven, Lord, 248;—master of 96. Methven, Paul, minister of Jedburgh, 13, 29–32, 55, 79–81, 125. - Methven, William, minister at Langton, 796, 800, 810, 977, 1057. Metland, v. Maitland. Michell, v. Mitchell. Middleton, John, of Kilhill, 824. Mill, Milne, v. Mylne. Ministers, admission of 187, 188, 199, 553–5, 746;—age of, 559. Ministers, aged, 340, 602, 746. Ministers, apparel of 322, 334, 335, 441, 692, v. Habits. 38 INDEX. Ministers, banished or confined, 1026, 1031, 1045, 1062, 1066, 1067, 1076, 1077. Ministers, books (libraries,) of, 15, 266, 865, 992. Ministers, collectors, 302, v. Civil Places. Ministers, conversation of, 453–5, 460, 470. Ministers, deposition of, 150, 424, 462, 465, 476, 790, 1096; grounds of it, 499, 1096, I 106. Ministers, deprivation of, 142, 187, 556, 638, 662, 687, 749. - Ministers, desertion of flock or ministry, 42, 50, 61, 63, 74, 172, 268, 421,429. Ministers, distractions, eyelists (alledged,) among, 1020, 1028, 1040, 1052, 1059, 1061. Ministers, election of, 187, 357, 649, 650, v. Discipline. Ministers, examination of, 15, 16, 187, 252, 312, 379, 535, 570. Ministers, incapacities of, 45, 738, 953. Ministers, insufficiency of, 61, 1051, 1052. Ministers, maintenance of 16, 26, 47–8, 53, 57–9, 82, 83, 117–19, 207, 247, 253, 735, v. Stipends. Ministers, negligence of 1052. Ministers, nomination of 16. Ministers, ordination, ordinars, 386, v. Imposi- tion of hands, 1124;-inauguration, 1096, 1105. - Ministers, planting of, 34, v. Planting. Ministers, pleas between, 815, 861, 1005. Ministers, removal of, 148, 244, 344, 345, 358 ; —restoration of, 50. Ministers, sons of (bursaries for,) 1129. Ministers, taxation of, 660, 785, 937. Ministers, translation of, 468, 622, 939, 968. Ministers, unworthy, 455, 474, 512, 660. Ministers, vacant, unemployed, 998, v. Preachers. Ministers, violence dome to, 71, 339, 343, 394, 461, 476, 578, 579, 583, 590, 597–600, 604, 716, 719, 772, 786, 901. Ministers, young, weak, 694. - Ministers, for the King, &c. v. Burrows, King, Nobility, Prince, Queen. Minto, person of, v. M'Gavin. Minto, Mynto, v. Stewart. Mitchell, Adam, minister, 667, 708, 757. Mitchell, John, minister, 1099. Mitchelson, Dr John, minister of Burntisland, 976, 1037, 1046, 1060, 1069, 1070, 1079, 1088, 1092, 1110, 1124, 1131, 1152. Moderator, v. Assembly, Presbytery, Synod ;— constant, 1025, 1027–40, 1070, 1072–7, 1144. Moffat, personage of, 224. Molleson, James, (Thomas P) 1016. Mollesonus, Thomas, notary, 1012, 1017. Moncrieff, Andrew, minister of Crail, 757, 800, 848, 863. Moncrieff, Archibald, minister of Abernethie, 757, 764, 936, 975, 983, 1087, 1092, 1152. Moncrieff, William, of that ilk, 110, 754. Monifieth, minister of, 76, v. Garden. Monigaff, minister of 336, v. Walker. Monimaill, minister of, 433, v. Jarden. Monivaird, reader of 58, v. Heriot. Monkland, exhorter of, 158, v. Hamilton ;—mi- nister of, 271, 281, v. Cunningham, Polwart; —personage of, subdeanrie of Glasgow, 224. Monks, 280, v. Friars. Monro, Andrew, of Dawachartie, 754. Monro, David, minister, 1152. Monro, Donald, commissioner of Ross, 34, 40, 51, 63, 175, 257, 263, 281, 282. Monro, George, senior, minister of Chanomrie, 336, 342, 530, 531, 566, 666, 699, 724, 725, 756, 800, 847, 863, 936, 948, 971, 979, 1000, 1036, 1086, 1092. Monro, Hector, of Foullis, 824. Monro, John, minister of Tain, 961, 1017. Monro, John, minister of Tarbet, 356, 847, 892, 961, 1003, 1013. Monro, Robert, minister, 666. Monro, Robert, of Foullis, 1 1 0. Monteath, Robert, minister, 288. Monteath, William, in Leith, 767. Montgomery, Earl of, 407, 411. Montgomery, Captain, 620. Montgomery, Hugh, of Hazlehead, 204. Montgomery, James, in Irvine presbytery, 998. INDEX. 39 Montgomery, Robert, minister of Coupar, 4, 46, 56;-of Dumblane, 204, 238,239;—(of Stir- ling, or bishop of Glasgow, 244, 324, 455, 487, 524, 525, 529, 533, 538, 541–7, 557– 66, 569, 57.1–4, 578, 580–3, 590, 599, 604, 607–9,) 691, 700, 701, 709. Montgomery, William, procurator, 545, 559. Montrose, 3, 526, 830, 833, 842;-Assemblies at, 893, 948, 1073, v. Eldership of 549. Montrose, John, Earl of 419, 519, 531, 747, 750, 768 ;-(chancellor, 969,) 1014, 1022, 1023, 1079, 1085, 1099, 11 16, 1122, 1140. Montrose, Master of 1022. Monypenny, David, 396;—Dean of Faculty, 1079, 1087, 1092. Monypenny, Patrick, of Pilrig, 473, 546, 548, 626, 755. Monypenny, of Pitmilly, 764. Moray, William, 518. Morbattle, minister of 572, v. Ker;-personage of, 224. Mordington, Morvington, personage of 286, 287, 336, v. Douglas. Murdo, John, 518. More, Alexander, exhorter, 63. More, James, in Calder, 4. Morieson, William, minister in Angus, 646, 666. Morisone, Thomas, minister of Inverkeillour, 271. Morphie, Laird of, v. Grahame. Mortimer, George, of Auchinkeadie, 825. Mortimer, James, Feir of Craigivarr, 825. Mortimer, John, Aberdeen, 1143, 1152. Mortimer, Patrick, 982, 995. Morton, James, Earl of 38, 118;-Chancellor, 207 ;—Regent of Scotland, 257, 259, 262, 263,271, 272, 277–81, 287–97, 303–7, 311, 313, 316–19, 325, 326, 329, 334, 338–42, 347–52, 356, 365, 367, 368, 374, 376, 380, 382, 387–9, 392–8, 404, 518, 571, 602. Morton, William, Earl of, 652, 750, 754, 764, 1057. Morton, Andro, preacher, 804. Morton, Patrick, priest, 717. Morton, Lady, 716. Morvington, 286, 287, v. Mordington. Moulin, Muleine, Monsieur, 657. Mowat, James, solicitor, 667, 960. Mowat, Magnus, apparent of Bucholy, 826. Moy, person of 51, v. Sutherland. Moygude, Laird of, 531. Muir, Sir John, of Kilmarnock, 722. Muirhead, Thomas, minister, Cammethan, 797, 1089, 1092, 1152. Muleine, v. Moulin. Muncrief, v. Moncrieff. Munro, v. Monro. Murder, (murderers,) 345, 772, 847, 874, 875, 937;-of the King (Darnley), 108, 181, 633, 642;-of the Regent, 156, 157, 181, v. Crimes. Murdocairny, v. Melville of Mure, Alexander, minister of Falkland alias Kilgoure, 222, 524. Mure, John, Glasgow, 599. Mure, William, Aberdeen, 923. Murquhowsome, John, Kintail, 63. Murray, bishop of, v. Douglas (Alexander and George), Hepburne;—bishoprick of 232, 303; —chancellor of 336, v. Gordon;–chapter of, 301, 303, 308, 321, 366;—commissioner of, v. Pont;-deane of, 300, 301, 303, 308, v. Keith 5–diocie of 416, 435, 470, 531, 974 ;-ministers in, 899, 1086 ;—presby- teries of 549, 587, 627, 917;-synod of, 333, 1048, 1049. Murray, Andrew, of Blackbarony, 131, 532, 567, 1143. Murray, Charles, of Cockpale, 756. Murray, David, brother of Balvaird, 71;-col- lector of Perth, 234, 518 ;—Lord Scone, 1022, 1057, 1069, 1079, 1085, 1143, 1152. Murray, Sir Gideon, of Elibank, treasurer-depute, 1 109, 11 14, 1140, 1143, 1152. Murray, James, (Stewart,) Earl of, 38, 40, 48– 50;—Regent of Scotland, 113, 124, 127-9, 134–57, 170, 181, 188, 192, 240. Murray, James, Earl of 754, 789, 823, 897, 898, 919, 922, 11 13. 40 INDEX. Murray, John, of Tullibardine, (comptroller, 83, 104, 110,) 754. Murray, John, minister of Leith and Dunferm- line, 1068, 1114. Murray, Margaret, 31. Murray, Patrick, in Perth, 145, 182. Murray, Patrick, of Fawlahill, 755. Murray, Patrick, of Geanies, 969, 974. Murray, Robert, 110. Murray, William, minister of Crail, 1009–12, 1087, Murray, William, minister of Dysart, 916, 929, 1088, 1092. Murthly, Laird of, Stewart P 827. Musselburgh, 26;—minister of, 13. Muthill, reader of, 451. Myles, Edmond, minister of Cleish, 764, 976. Mylne, Andrew, minister of Strickathrow, 3 ° 299, 309, 337, 355, 372, 475, 531, 594, 605, 648, 656, 666, 729, 737, 741, 757, 849, 850, 896, 929, 936, 943, 959. Mylne, David, minister of Dundonald, 667. Mylne, James, minister of Inverury, 975. Mynto, Laird of, v. Stewart ;-Lady, 720. Myrtone, Thomas, of Cambo, 396, 397, 764, 795, 804 ;—his brother, 616, 620. NAIRN, Narne, sheriff of, v. Campbell. Nairn, Robert, minister of Deer, 29. Nairn, William, in Stirling presbytery, 1087. Naper, Archibald, of Merchinstoun, 548, 638, 731, 755, 765, 798. Neilson, John, of Craigaffie, 204, 766. Nesmith, Sir Andrew, priest, 722. Neulott, Thomas, vicar at Kasinden, 720. Neve, Nevay, kirk of 961, v. Essie. Newabbey, 1068;—abbot of, v. Broun;–kirks of 943. Newbottill, Newbottle, abbacy of 634;-abbot, commendator of 96, 380, 634;—his son, 634, 720, 750, 765, 783, 1022, v. Ker. Newton, Laird of, v. Gordon. Nicoll, Robert, physician, 732. Nicolson, George, minister, Gartlie, 757. Nicolson, George, burgess, Aberdeen, 1009. Nicolson, James, comptroller, 113 ;—collector- clerk, 161, 336, 396, 475, 697;-minister of Meigle, 729, 757, 763, 768, 786, 796, 798, 800, 804, 834, 838, 839, 846, 850, 853, 856, 857, 861, 863, 872, 892, 896, 914, 928, 936, 942, 943, 959, 960, 969, 971, 973, 979, 980, 983–91, 1000, 1024, 1031, 1035-8, 1057. Nicolson, John, of Laswade, 1006. Nicolson, John, Advocate, 708, 731, 741, 742, 795, 969. Nicolsom, Thomas, Advocate, Clerk of the As- sembly, 889, 913, 947, 1014, 1015, 1063, 1102, 1144. Nicolson, Thomas, commissary of Aberdeen, 1009. - Nigg, minister of, 1017, v. Roughe. Nisbet, James, in Edinburgh, 1056. Nithsdaill, commissioner of 200, 318, v. Row, Watson;–kirk of, 4, 6, 416, 436, 470, 862, 869, 1053;—over-part of, 756, 758 ;—su- perintendentship of 28, v. Dumfries;—visita- tion of 32, 54, v. Commissioner of Nobility, the, 40, 41, 58, 165, 182, 252, 265, 269, 418, 419 ;—ministers for, 982–6, 1123, 1126; instructions to them, 985. Nomination of ministers by the people, v. Mi- nisters. Non-communicants, 440, 638, 950, 990. Non-compearance, 145. Non-intrusion, 15, 132, 509, 1005. Norie, Duncan, regent in King's College Aber- deen, 141–3. North, visitation of the, 37, 51, 716, 724. Northberwick, Laird of, v. Home. Northberwick, 105, 127;-minister of 1126. Norvell, James, in Edinburgh, 329. Norvell, William, in Stirling, 3. Nunries, 210;-kirks of, 127. OATHS, 109, 212, 226, 230, 254, 262, 821, 1097;—conflicting, 180, 181;—under bishops, 230, 1097, 1123. INDEX. 41 Obstructing of Discipline, 951. Ochiltree, Uchiltrie, WChiltrie, Andro, Lord, 49, 110, 128, 164, 703, 704, 755, 1022, 1143, 1152. Ochiltrie, kirk of 238;-minister of, 225, v. Hamilton, Inglis. Offences in court and judgment-seat, 875. Offences in all estates, 875, v. Crimes and Scan- dals. - - Offences in the King's house, 464, 872, 964–6. Offences in the Queen's house, 964, 969. Offences in the Prince's, 964, 966, 969, 991. Offences in ministers, 858, 862–7, 964. Offences in nobility, 964, 966, 990. Offices of State, capacity for them, 405, 407. Ogill, Richard, minister, 977. Ogilvy, Ogilbie, v. Pourie. Ogilvy, Lord, 96, 178, 407, 411. Ogilvy, Master of, 518. Ogilvy, Laird of, 795, v. Pourie. Ogilvy, Alexander, of Boyne, 825. Ogilvy, George, of Banff, 824. Ogilvy, George, of Cullen, 825. Ogilvy, Gilbert, 826. Ogilvy, Gilbert, of that ilk, 110. Ogilvy, James, of Blerock, 826. Ogilvy, John, 826. Ogilvy, John, of Innerduharity, 200. Ogilvy, John, minister, 804. Ogilvy, Patrick, of Inchemartine, 754. Ogilvy, Walter, of Findlater, 754, 824. Ogilvy, William, Jesuit, 822. Ogilvy, William, apparent of , 826. Ogsbwie, [Ogilvie PT Andrew, minister in Caith- ness, 1086. Ogstoun of Fettercairne, Alexander, 4, 110 ;- Walter, 824. Oliphant, Elizabeth, Countess of Angus, 898, 1025. Oliphant, Master of 96, 539. Oliphant, Sir William, of Newton, lord advo- cate, 1109, 1140, 1143, 1152. Olrick, person of, v. Urquhart. Oppression, 874;—of children, 6, 75, 125. Order, Book of Common, 54, v. Geneva;—in Assembly, v. Assembly;—of Edinburgh, (kirk- session,) 568. Ordinances, Acts, style of 816, 817. Ordiquhill, chapel of 1055. Orkney, fewar of 347;—Earl of 661, 754, 1022. Orkney, (and Zetland,) bishop of, v. Bothwell, Graham, Law;-bishopric of 162, 165–7;— commissioner of, v. Annan, Foulsie, Pont ;- kirks of, 165, 801 ;—ministers of, 762, 948; —patronage of, 661 ;—presbyteries of 799, 974, 1035;—visitation of, 416, 435, 470, 725, 812. Ormestoun, Laird of, 707, 765, v. Cockburn. Ormestoun, minister of 135, v. Blackhall;— prebend of, 129. Orrok, David, Leith, 979. Oswald, Kirkoswald, 420. Oswald, Oswell, Archibald, minister, 840, 1061, 1069, 1070. Oswald, Sir Henry, in Strageith, 803. Oswald, William, from Holyroodhouse, 13. Overtures, Committee of 100, 111, v. Platt, Question. PACIFICATION, act of, 275, 276, 319. Paip, Pap, Pope, Thomas, minister in Caithness, 1086. - Paip, William, minister in Caithness, 756, 800, 948, 1086, 1092. Paisley, abbey of 703, 799;-abbot (com- - mendator) of, v. Hamilton;—kirk of, closed, 53;—minister of 324, 336, 342, 396, 411, 449, 1126, v. Adamson, Smeaton, Polwart ; —presbytery of, 815, 884, 917, 977, 978, 1038, 1089. t Pallady-kirk, (Fordoun,) minister of, 222, v. Boncle. Panton, Arthur, Jesuit, 716. Panton, James, minister, 204. Panton, John, of Pitmedden, 825. Papists, 126, 250–4, 262, 273, 341, 429, 457, 464, 472, 550–2, 651, 652, 750–61, 803– 6, 964–8, 990, 1075–1082, 1113–26. F 42 INDEX. Papists, their books, 1053, 1055. Papists, their cautioners, 651, 877, 982. Papists, children of, I055. Papists, committee on their increase, 1049, 1051, 1056. Papists, court favour to, 630, 631, 698 ;-ma- gistrates, 1062. * Papists, order with, 1023, 1025, 1047–60. Papists, resetters of, 698, 750, 952. Papists, soliciting for, 821, 1062;—suspected, 407, 589, 638,651, 873, 965. Papists, their subscription, 589, 638, 651. Papists, traffiquing, 1117–21. Papists, v. Apostates, Apostate lords, Excommu- nicats, Jesuits, Non-communicants, Seminarie priests. Parbroth, Laird of (Seton,) comptroller, 783. Paris, massacre of Protestants at, 250–2, 459, w. Trent. - Paris, University of, 437. Parishes, list of, 668–684, v. Kirks. Parishioners, consent of, 811. Parliament, 5, 6, 41, (of 1560, 1077,) 329, 362, 802, 810, 814, 1025, 1026, v. Pacifi- cation. Parliament, Acts of, relating to manses, 49;- stipends, 623 ;—(1592,) 807; (1597,) 932. Parliament, black acts of, (1584,) of annexation, 784–7, 809, 1026;—depriving beneficed per- sons, ipso facto, 796. - Parliament, acts in favour of popery, 809 ;— in favour of prelacy, 810, 1104. Pasch, (Easter,) 180, 346, 465, 809, 1124, 1126. Pastors, 493, 650, 698, 748, v. Ministers. Paterson, George, minister, 435, 470, 531, 539, 566, 569, 587, 656, 666, 717. Paterson, Robert, 4. Paterson, Robert, priest, 40. Paterson, Robert, 61, 66, 74. Paterson, William, writer, 299. Paton, Patton, Patoun, James, bishop of Dun- keld, 270, 281, 283, 286, 287, 295, 300, 309, 311, 314, 318, 331–41, 348–52, 424, 454, 592, 593, 623, 628, 635. Paton, William, minister of Aberdour and Dal- gatie, 962, 1003, 1088. § Patrimony of the Kirk, 7, 83, 107, 199, 252, 360, 417, 453–5, 501, 512, 569, 603, 730, 737, 776. Patronages, 68–70, 155, 211, 239, 285, 312, 481 ;—Laic, 212, 733, 746, 784, 869, 937, new, 733, 746;—laws respecting, to be re- formed, 564, 565, 568. Patron days, 332. Peace of the kirk, 1023, 1024, 1026. Pecunial pains, 284, v. Discipline. Pedagogues, 1054, 1066. Peebles, Peibles, Halirud of, 462 ;—minister of, 225, v. Cranston, Douglas;—personage of, 224;—presbytery of, 482, 636, 977, 1089; —sheriffdome of, 755, 757. Peibles, Oliver, 622, 707. Peil, 716;-Laird of, v. Leslie. Pencaitland, minister of, 727, v. Gibson. Pendreigh, William, of that ilk, 826. Penitents, 158, 176, 636. Pennycuick, person of, 634. Pensions, 248, v. Benefices, thrids. Pentland, provostrie of, 635. Penpont, presbytery of 481. Perth, St Johnstoun, 3, 335, 526, 961, 1011 ;- magistrates of, 775, 820 ;—sheriffdome of, 104, 754, 757. Perth, Assemblies at, 31,243, 889, 1143;- kirk-session of 262 ;—minister of 29, 475, 531, 1123, 1125, 1126;-preachers in, 998; —presbytery of, 483, 549, 593, 614, 621, 625, 776, 816, 820, 1037, 1050;-synod of, 621, 738, 843, 912, 975. Peterhead, minister of, 256, v. Keith. Petition, v. Supplication. Pharmihirst, Fernihirst, v. Ker. Philip, Dr Henry, minister of Arbroath, 975;- scribe to Assembly, 1024, 1035, 1038, 1047, 1060, 1069, 1071, 1079, 1087, 1092, 1124, 1131, 1152, 1153. Philip, John, minister of Dumbennan, 666. Philorth, (Fraser.) Laird of 824, 958. Philorth, abbey of, 184. INDEX. 43 Pierson, Alison, witch, 640. Pilgrimages, 280, 462, 535, 638, 721, 874, 1055, 1120. Pillor, Johne, priest, 40. Pilrig, Laird of, v. Monypenny. Pitcairne, Elizabeth, 970. Pitcairne, James, minister in Zetland, 1035. Pitcairne, John, reader, Ryne, Rynd P 334. Pitcairne, Robert, commendator of Dunfermline, 96, 706;—Secretary, 207, 235, 236, 346, 380, 396, 397, 518, 519, 571, 610. Pitcarro, 129, v. Pittarro. Pitcols, benefice of, 269. Pitcur, v. Halyburton. Pitfirran, Laird of, 532, v. Halket. Pitlurg, Laird of, v. Gordon. Pitmedden, Laird of, v. Panton. Pitmilly, Laird of, v. Monypenny. Pitsligo, Laird of, 824, v. Forbes. Pittarro, Laird of, v. Wisheart. Pittencrieff, Laird of, v. Wemyss. Pittenweem, prior of, 452, 540, 543, v. Haly- burton, Stewart. Planting of Kirks, 34, 338, 708, 714, 772, 848– 51, 877, 964–6, 969, 982, 997, 1023–6, 1061, v. Commissioners for visiting. Platt, 464, 465, 470, 475, 524, 535, 635,656, 726, 745, 778, 849–51, (interim,) 59, 71, 77, 78–88, 928, 932, 940, 943, 969, 982, 988, 997, 999, 1067. Plays, profane, 312, 375, 407,410, 440, 784. Pluralities, 42, 139, 146, 153, 172, 249, 286, 351, 375, 386, 422, 441, 448, 467, 471, 802. Pluscarden, (Seton,) prior of, v. Dunfermline. Policy of the Kirk, 207, 295, 325, 326, 362, 365, 385, 389, 404–9, 419, 431, 488, 646– 48, v. Discipline. - - Pollock, Robert, minister, 768. Polwart, Andrew, minister of Paisley, 329, 336, 342, 354, 358, 387, 396 ;—of Monkland, subdene of Glasgow, 475, 487, 522, 526, 533, 538, 545, 548, 572, 573, 581, 586, 605, 612, 625–8, 637, 649, 651, 655, 667. Polwart, James, Torphichen, 4. Polwart, Laird of 1057, v. Hume. Pont, James, minister, Melrose, 18;-to Lord Erskine, 29, 531, 849. - Pont, Kympont, Robert, minister of Dunkeld and afterwards of St Cuthbert's, and commissioner of Murray, 3, 4, 13, 18, 28, 34, 40, 44, 49– 51, 60–3, 77, 88, 90, 129, 131, 135, 139, 150, 153, 175, 178, 183, 185, 191, 203—8, 235, 244, 247, 250, 257, 262–4, 270, 271, 281, 282, 289, 290, 293, 295–8, 310, 323, 325, 329, 331, 352, 355, 360–2, 365, 373, 374, 383–5, 391–4, 398, 403, 406, 409, 413, 414, 418, 422, 427, 430, 434, 436, 449, 450, 459, 460, 463, 469, 471, 473, 476, 487, 518, 522, 525, 540, 548, 545, 548, 550, 563, 565, 574, 577, 581, 585–6, 592, 594, 605, 612–14, 620, 624–6, 629, 637, 645, 646, 651, 654–6, 664, 667, 668, 685, 688, 696–700, 703, 704, 707–9, 712, 713, 724–30, 736, 737, 741, 742, 765, 767, 771, 774, 780, 784–7, 795, 799, 800, 804, 811–13, 819, 846, 849, 850, 856–9, 863, 870, 912, 918, 928, 942, 943, 959, 961, 969–74, 980, 986–8, 996, 1000, 1001, 1005. Poor, 5, 17, 30, 44, 146, 252, 306, 339, 417, 425, 603, 715, 731 ;—collection for, 257, v. Beggars, Gypsies. Pope, the, 8, 18, 809. Popish baptism, 75;—clergy, 5, 78, 181, 255, 287, v. Jesuits, Seminarie priests;–schools, 4, 25,26,37;—sentences for heresy, 36, 41, 56. Porteous, Robert, in Dalkeith presbytery, 765. Porterfield, John, minister of Kilmaromock and of Ayr, 132, 153, 154, 300, 354, 475, 487, 526, 532, 539, 545, 572, 573, 579, 581, 594, 618, 649, 664, 688, 690, 700, 729, 737, 758, 766, 800, 813, 913, 928. * Portmook, prior of, v. Winram. Pot, Elizabeth, 66. Pourie-Fothringhame, Laird of, 531, 930. Pourie-Ogilvie, Laird of, 531, 795. Practor, [Proctor ºl Andrew, 717. Prayer, 54, 970, 1128, 1157;-for the King, v. James VI. 44 INDEX. Preachers, ministers unemployed, 325, 668, 969, 998, 1053. Preaching, manner of 513. Prebendaries, 18, 129, 214, 215, 481, 536, 880–2. - Prelacies, 209, 514, 784. Prelatic offices and titles, 492, 504–7, v. Bishops. Presbyteries, 432, 439, 501, 513, 514, 710, 738, 745, v. Elderships;–acts of, 641 ;— books of 814;-erection of 469, 475–80, 523, 524, 530–3, 537, 549, 550, 566–9, 586, 625, 627, 637, 639, 648, 649, 661 ;- jurisdiction of, 425, 601, 665, 666, 698, 808, 946;-list of, 481–7, 648, 799, 1035–9, 1085–92;-members of, 601 ;—moderators of 487, 667;-constant, 1025–40, 1101, 1116;-order in, 567, 656, 773, 775;- threatened to be discharged, 1098 ;—visitation of, 637, 800, 949. Presentations, 117, 192, 197, 248, 264, 357, 419, 514, 554, 773, 864, 871, 1067, 1096, I 105 ;-absolute, (pleno jure prºcēpēs,) 84, 59, 68–70, 135, 187, 188, 462, 479, 559, 564, 566,602, 659;-acts of Council respect- ing, 571–5, 604. Presentees, trial of 864. President of Session, v. Baillie, Balfour, Preston. Press, the, 35, 90, 125, 164, 289, 291, 297, 298, 310, 320, 361, 625, 706, 725, 777, 780, 988. Preston and Bomkle, minister of 318. Prestoun, Laird of, v. Hamilton. Prestoun, James, minister of Daily, 336. Prestoun, John, of Fentonbarns, Lord President, 110, 186, 203, (James, 867,) 902, 1014, 1023, 1069, 1071, 1079. Prestoun, John, elder, Edinburgh, 471. Prima instantia, jurisdiction in, 153–4, 838, 843–5, 951, 952, 989, 994, 996, 1058. Primrose, James, clerk of Privy Council, 1040. Primrose, Peter, minister of Mauchlin, 204, 271, 320, 572, 667, 758, 766, 768, 1090. Prince of Wales, v. Henry. Printing, 306, 327,462, 513. Priories, 59, 210, 268, 514, v. Abbacies. Priors, 91,210, 226–8, 875. Private celebration of baptism, 465, 524,525;- of the communion, 525;-of marriage, 525. Privy Council, v. Council. Privy Conference, v. Conference. Privy Seal, Lord, v. Buchanan, Cockburn, Ste- wart of Blantyre. Proclamation 1572, occasioned by the massacre of Protestants in France, 251. Proclamation enjoining subscription of the Con- fession of Faith, 526, 589. Proclamation, slanderous, July 12th–13th 1582, 607, v. 583, 584, 590, 596, 599, 603–11, and M*Gill, David. Proclamation for liberty of the Assembly, 4–21 September 1582, explaining the proceeding, 604, 610, Proclamation condemning the Assembly 1605, I 018. Proclamation convoking the Assembly, I I 14, 1140, 1143. Proclamation proroguing Assemblies, 948, 973, 1063, 1065, 1040, 1042, 1043. Proclamation ratifying the Assembly 1610, 1102. Procurator for the Kirk, v. Little, Sime, Strang. Profanation, v. Blasphemy, Sabbath, Sacrament. Prophesying, 513, v. Exercise. Protection of judges and ministers, 602. Protestants, foreign, 854, v. Massacre. Protestations for the liberty of the Kirk, 245, 246, 374, 554, 573–5, 894, 912, 1009–12, 1013–15. Protestations against the Kirk's proceedings, 193, 331, 654, 662, 947, 971. Provand, Lord, president of the Session, v. Baillie. Provinces of Glasgow and St Andrews, 1080. Provinces, (Symods,) 668–84. Provostries, 59, 213–5, 233, 536, 637;–of New College, 375, 522. Prymerose, v. Primrose. Psalm-book, 54, 125,-metre, 970, 1128. Pulpit, liberty of the, 805, 806, 837, 842–5, 891, 893, 896, 969, 989. Puritans, 613, 614, 749, 854. INDEX. • 45 QUALIFICATIONs for the ministry, 322. Queen, v. Anne, Elizabeth, Mary. Queen's Advocate, v. Spence. Queen's College kirk, 277, 282. Queen's household, v. Family. Queen's College, provost of 223, 277. Questions, (Overtures,) 52, 60–2, 72–7, 80, 83, 91, 93, 98, 130, 154, 158, 164, 170–3, 177, 179–81, 191, 194–7, 239–41, 245, 249, 260, 267, 268, 272, 283, 293, 300, 313, 343–6, 361, 377, 378, 440, 475, 656, 690. Questions by the State, 288, 368–72, printed, 903. Questions by Synods, 438–40. Quhitterne, v. Whithorn. Quhittingham, v. Whittingham. Quilt, v. Cultis. RAE, David, minister of Forres, 42. Raid of Ruthven, 591–6. Rait, kirk of 416 ;—minister of 45, 50, v. Jarden, Kilspindie. Rait, David, minister near Aberdeen, 975, 980, 1013, 1086. Rait, James, minister in the Mernes, 1086. Rait, Robert, minister in Nairnshire P 756. Rait, Robert, minister in Fothrick, 757. Raith, Laird of, v. Melville. Raith, James, minister in Murray, 763. Ramsay, Adam, 802. Ramsay, Alexander, brother of Dalhousie, 802, 876, 877. Ramsay, Andrew, minister of Arbuthnot, 1036, 1057, 1086;-of Edinburgh, 1109. Ramsay, Cuthbert, Edinburgh, 11. Ramsay, David, potter, 802. Ramsay, David, of Bowman, 826. Ramsay, David, minister of Cleish, 260. Ramsay, David, burgess, Dundee, 145, 182. Ramsay, George, minister of Foulden and Chirn- side, 266, 336, 574, 589, 777, 976, 1006, 1037, 1057. Ramsay, James, minister of Closeburn, 640. Ramsay, John, minister of Aberdour and Tyrie, (in Buchan,) 5. - Ramsay, John, minister in Dundee presbytery, 896, 929, 943, 1036, 1110. Ramsay, John, of Balmane, 754, 1022, 1046, 1079, 1091. Ramsay, Peter, minister of Dairsy, 222. Ramsay, Robert, notary, 608, 609. Ramsay, Robert, minister in Angus, 44, 763. Ramsay, Thomas, minister of Dumfries, 1038, 1047, 1057, 1080, 1090, 1092, 1152. Ramsay, Thomas, minister of Idvie, 396, 397, 757. Ramsay, Tobias, minister in the Merse, 977. Ramsay, William, regent in St. Salvator's Col- lege, and minister of Kilmany, 4, 58, 62, 90. Ransom from slavery, 44. Rape, 346. Rassyth, v. Rossyth. t Rathin, kirk of 717;-minister of, v. Davidson. Ratho, 4 ;-minister of 13, v. Weymis. Rattray, Silvester, minister, sub-chanter of Dun- keld, 975, 1087, 1092. Rawsone, Alexander, minister of Spynie, 646, 648, 666, 697, 700, 736, 763, 849, 973, 974, 980, 986, 1057, 1092. Ray, Thomas, minister, 763. Readers, 4, 82, 124, 252, 280, 340, 345, 372, 388, 430, 438, 439, 455–7, 460, 465, 479, 535, 927. Rebels, English, 172;-Scottish, (the Queen's faction,) admission of, 284. Reference to the Kirk from Exchequer or Session, 158, 161 ;-from the Regent, 153, 154. Reference by the Kirk to the commissaries, 170; —to parliament, 35, 36, 62, 111 ;—to Re- gent, 334 ;—to Session, 168, 240, 241. Regent of Scotland, v. Lennox, Marr, Morton, Murray. *. Register, Lord Clerk, v. Balfour, Hay, M'Gill, Skene. Registers, of baptisms and marriages, 1124, 1129 ;—of burials, 63, 310, 372, 389, 1124, v. Assembly, Presbyteries, Session, Synod. 46 INDEX. Reid, Andrew, of Collestoun, 825. Reid, James, 531, 537, 566, 587, 648, 666, 757, 849. Reid, John, Perth, 820. Reid, John, minister of Logiebuchan, 1036, 1047, 1057, 1086, 1092, 1124, 1131. Reid, Matthew, in Galloway, 978. Reid, Patrick, in Garsoll, 272,294. Reid, Paul, 110. Reid, Robert, Dundee, 271. Reid, Robert, minister of Banchorie Terman, 1017, 1086. Reid, William, in Murray, 1086. Reid, William, in Garsoll, 272, 667. Relapse in scandal, 267, 327, 378. Religion, articles of, v. Articles;–decay of 963, its causes, 964, and remedies, 965. Remedies of grievances, 876, v. Articles. Renfrew, v. Cliddisdaill ;-commissioner of 200, v. Hay;-kirks of, 51, 416, 436, 470 ;- sheriffdome of, 755, 757, 816, 917. Renfrew, burgh, minister of 145, 225, 572, 972, v. Hay;—personage of 224. Rentals, clerk of, 30, v. Nicolson, James. Repentance, public, signs of 41, 43, 117, 125, 159, 160, 180, 284, 346, 378, 710. Report to Assembly from State, 277. Report to Assembly from committees, 104, 105. Report of diligence required, 768, et passim. Request, to the Queen, 51. Requests, Lord of, v. Ker. - Resetters of Jesuits or priests, 253, 277, 715, 749, 768, 771, 952, 1117. Residence of ministers, 43, 181, 258, 331, 336, 351, 415, 430, 621, 635, 636, 660, 687, 692, 749, 811. Restalrig, dean of 1006;—kirk of, 5 ;-minister of 204;-parochin of 5, 636. Restennet, thrid of 234. Rests, arrears, 305, v. Stipends. Revocation, 104, 183;—Assembly's power of, 557;-act of 783. Rhind, Rind, Rynd, John, person and vicar of Cumnock, 336, 351. - Rhind, Robert, minister in Angus, 1087. t Rhind, William, minister near Perth, 4, 362, 463, 487, 526, 531, 539, 690, 757, 764, 767, 796, 936. Riccartoun in Kyle, kirk of, 61. Richardson, Gualter, 717. Richardsone, Robert, treasurer 3 41. Richesoun, James, of Smetoun, 765. Riddell, Lady, 720. Rig, John, notary, 716, 763. Rig, James, of Carbarrie, 203. - Ritchie, James, clerk of the General Assembly, 299, 302, 307, 311, 312, 340, 398, 450, 568, 577, 592, 629, 636, 648, 656–7, 705, 727, 782–856, 889, 913. Robertson, Bartile, preacher, 804. Robertson, David, minister of Rossy, 222. Robertson, David, minister of Rugley, 1017. Robertson, James, minister in Ross, 729, 730, 762, 838, 934, 936, 963, 972, 988, 1000. Robertson, John, thesaurer of Rosse, and Com- missioner of Caithness, 63, 175, 311, 373, 416, 420, 450, 470, 530, 531, 537, 586–7, 637, 646, 648, 664, 700, 729, 736, 756, 800, 978. Robertson, John, Edinburgh, 991. Robertson, Walter, notary, Aberdeen, 1012, 1017, Robesome, Simon, 720. - Robesone, Sir Walter, at Logierait, 287. Robesone, George, of Dundee, 155. Robin Hood play, 407,410. Rock, v. Rollock. Roger, David, unemployed, in Lamark, 998. [Rollock, I Peter, bishop of Dunkeld, 648, 667, 690. Rollock, Robert, minister in Edinburgh, princi- pal of the College, 706, 780, 834, 838, 856, 863, 896, 913, 928, 932, 934, 940, 942, 943, 946, 959. Rollock, Robert, minister in Ross, 1086. Ronaldson, David, burgess, Aberdeen, 1017. Ros, Rose, Rosse, v. Ross. Rosling, Laird of, 797. Ross, Alexander, of Balnagoun, 718. Ross, Andrew, 802. INDEX. 47 Ross, George, of Ballingoun, 824. Ross, Hucheoum, of Kilravock, 754. Ross, James, minister of Muckersy, 975, 998. Ross, James, minister, Aberdeen, 1009, 1017. Ross, John, (James?) in diocie of Aberdeen, 975. Ross, John, of Auchlossin, 825. - Ross, John, minister in Tayne presbytery, 475, 666, 1036. Ross, John, minister in synod of Perth, 838, 842–5. Ross, Richard, minister in synod of Aberdeen, 975. Ross, Robert, minister there, 1086. Ross, Thomas, in Presbytery of Perth, 998. Ross, William, apparent of , 825. Ross, William, in Ross, 63. Rosse, archdeacon of, 311, v. Grahame;—bishop of, v. Hay, Hepburn, Leslie, Lindsay;— bishopric of 248, 306, 717, 1003;-chapter of 1003;—commissioner of, 34, 321 ;—dio- cie of 420, 849, 1086;-kirks of, 1061 ;— minister in, 420, 1086;—presbyteries in, 531, 550, 586, 587, 613, 627, 1003;—shire of, 470, 717, 974 ;-treasurer of, 311, v. Ro- bertson. Rossie, minister of 222, v. Robertson. Rossyth, Laird of 110, 388, 390. Rothesse, Earl of 41, 95, 532, 711, 755. Rough, John, minister of Nig, 1009, 1017. Rough, Robert, presbytery clerk, St. Andrews, afterwards minister of Inverkeithing, 1010. Row, James, minister of Kilspindie, 435, 816. Row, John, the Reformer, minister of Perth, commissioner of Galloway, Nithsdaill, &c. 3, 9, 27, 38, 40, 50, 56, 59, 60, 62, 66, 73, 79, 88, 90, 95, 97, 100, 112, 113, 124, 131, 138, 145, 157, 161, 165, 177, 185, 186, 190, 191, 200, 238–40, 244, 250, 256, 257, 261–3, 271, 273, 281, 282, 289, 290, 293, 295, 316, 325, 336,-8, 340, 341, 348, 355, 356, 359–62, 365, 367, 373, 374, 384, 391–4, 403, 406–9, 412–14, 416, 418, 421, 427, 431, 434, 454, 468. Row, William, minister of Forgandennie, 757, 795. - Rowsone, v. Rawsone. Roxburgh, v. Teviotdaill. Roye, Margaret, 608, 609. Rugley, minister of, v. Robertson. Rule, Ninian, 621. Russell, David, bailie of St. Andrews, 594, 615–8. Russell, William, minister, 979. Russell, Ruffell ? prebendry of 18. Rutherford, Rutherfuird, Alexander, 544, 81 1, 1091. Rutherford,John, minister of Quilt, (Cults?) 204. Rutherford, John, principal of St. Salvator's Col- lege, minister of Cultis, 4, 31, 32, 50, 58, 62, 180, 184, 204, 238, 239, 244, 289, 297, 526, 598, 900, 928, 940. Rutherford, Katherine, 54. Rutherford, William, minister of (Salling?) 204. Rutherford, William, collector, 234. Rutherglen, minister of, 225, 572, v. Jack. Ruthven, Lord, Patrick, 41. Ruthven, William, thesaurer, 207, 256, 279, 415, 518, 51.9, 531. º Ruthven, William, of Bellindane, 518. Ruthven, Raid of, 591–6. Ruthven, minister of 63, v. Hay. Rynd, v. Rhind. Ryne, kirk of 334. SABBATH, communion on, 309;—profanation of by fishing, harvesting, markets, milms, playes, salt-pans, 19, 30, 309, 312, 339, 375, 377, 746–49, 772, 776, 874, 996;-statutes not executed, 253, 284, 536, 769, 784. Sacraments, 54, 124, v. Baptism, Communion ; —abusers or contemmers of, 8, 19, 159, 715, 770, 772. Sacrilege, 780, 804, 874, 875. St. Andrews, 453, 456, 627, 629, 749, 817, 849, 979;-baillie of, v. Russel ;—commis- sioner of, v. Cooke, Sibbald;—magistrates and council of 817;-provost of, v. Learmont. St. Andrews, Archbishop of, v. Adamson, Dou- glas, Hamilton, Gladstames, Spottiswood. 48 INDEX. St. Andrews, archbishopric of, 223, 232, 233, 242, 264, 367, 376, 385;—archdean of, 223; —chancellor of, 223;—chapter of, 222, 223, 367, 376, 386;-deane of 222, 223 ;-diocie of 243,264, 416, 1080;-prior of, 222, 223, v. Caithnes, bishop of 546;—province of, 1080. St. Andrews, Assemblies at, 237, 548, 908, 909, 912, 962, 973;-exercise of, 270, v. presby- tery of;-kirk (fabric) of, 255;-kirk (parish) of 3,801, 956;-kirk-session of, 265, 312, 321, 323, 957;—ministers of, 13, 36, 72, 97, 124, 145, 179, 237,261, 312, 351, 596, 644, 816, 817, 855, 928, 936, 940, 980 ;- preachers in, 998;-presbytery of, 459, 483, 549, 615–18, 621, 640, 811, 816, 817, 855, 900, 928, 940, 976, 1004, 1009–11, 1037, 1087;-Synod of, v. Fife. St. Andrews, University of 270, 334, 360, 434–7, 466, 471, 594, 614, 625, 628, 788, 817, 976, 1087;—persons in it apt to teach, 4;—rector of, 29, 73, 297, 320, 365, 811, v. Douglas, Melville,Wilkie;—College (New) of, 58, 63, 241, 466, 469, 471, 596, 723, 871, 1124, 1128, provost of 375, 421;-College (St. Leonard's) of 93, 113, 289, 334;— College (St. Salvator's) of 34, 57, 62, 90, 160, 433, provost of 239, 240,570. St. Colme's Inch, commendator of 96, 519, v. Doune, Inchcolme, Stewart. St. Cuthbert's, kirk, 3, 163, 168 ;-minister of, 3, 970;–session of, 273. St. Johnstoun, v. Perth. St. Ninians, minister of, 156, v. Gillespie. Saline, Sauling, minister of 204, 424, 1020, v. Blackwood, Stewart;—vicarage of, 386. Salsett, parochin of 950. Saltoun, Lord, 754, 1057;—master of 96. Saltprestoun, minister of 857, v. Davidson. Sandelands, James, clerk of Assembly, 1144. Sanderson, William, minister of Whittingham, 204, 266, 308, 436, 589, 648, 765, 777. Sanderson, William, minister of Innerlethin, 757. Sanquhar, Lord, 96, 110;-Robert, 756, 766;- William, 1109, 1143, 1152. Sanquhar, Tutor of 387. Sanquhar, person of 337, 572, v. Blackwood, Fullertoum;-personage of, 224, 386. Saxony, Duke of, 1023. Sayfield, Seafield, 40, 48. Scandalls, 74, 344, 556, 691, 724, v. Crimes. Schaw, John, of Greenock, 110, 200, 594, 755, 802. Schaw, Patrick, minister, 973, 986, 1057, 1152. Schaw, William, 518, 738. Scholars, Poor, 34, v. Bursars. School masters, 34, 44, 46, 311, 535. School mistresses, 1120. w Schools, 17, 33, 60, 108, 212, 213, 252, 279, 311, 415, 425, 432, 693, 723, 737. Scone, 416;—abbay of 233. Scone,Skoone,Sir David Murray, Lord,v.Murray Scoonie, Skoonie, kirk of 123. Scotlandwell, minister of, v. Arnot. Scott, relict of Dishington of Ardross, 288, 295, 333. Scott, Agnes, 234–5. Scott, Elizabeth, (spouse of John Carmichael,) 381. Scott, Elspet, 803. Scott, George, minister of Kirkaldie, 204, 238, 245, 256, 261, 272;-of Dysart, 319, 532, 625. Scott, James, vicar of Askirk, 720. Scott, John, Jedburgh, 720. Scott, John, Jesuite, 716, 720. Scott, Robert, minister of Glasgow, 1124, 1131. Scott, Robert, 264. Scott, Simon, of Thirlstoune, 532. Scott, Thomas, of Thirlstoun, 110. Scott, Thomas, of Abottishall, 50, 203, 271, v. Abbottishall. Scott, Thomas, of Hayming, 13. Scott, Thomas, of Harne, Harden, 110. Scott, Walter, of Branxholme, 755. Scott, William, minister of Kennoquhy, 856, 863, 960–1, 972, 976, 984, 986–7, 989, 1037, 1058, 1061, 1069, 1070. 1071 ;—mi- mister of Cupar, 1120, 1124, 1131, 1152, 1153, 1167. INDEX. 49 Scott, William, 4, 36. Scott, William, of Balwery, 6, 19, 764. Scottish tongue, 175. Scrimgeour, Scrymgeour, Alexander, commis- sioner from Dundee, 544, 703,704, 707, 757, 892, 961, 972, 973, 979, 999, 1000, 1038, 1047, 1051, 1090, 1092. - Scrymgeour, Sir James, of Dudhope, constable of Dundee, 703, 704, 754, 1057. Scrymgeour, John, preacher in Dundee, 998 ;— minister of Kinghorne P 1158. Scrymgeour, John, younger of Glaswell, 518. Scrymgeour, John, in Fife, his wife, 6. Seagie, Seggie, EMeldrum, I Laird of, 471, 526, 634, 643. Seatoun, v. Seton, Seytoun. 4 Seatoun, Lord, 281, 419, 518, 738;-his sons, 281, 616, 620. Seatoun, James, Jesuit, 720. Seatoun, William, of Blair, 825. Secretary, Lord, v. Binning, Elphinston, Hay, Maitland, Pitcairn. Secret Council, v. Council. Secret Council, minister to, v. Hay, George. Seinzeur, Archibald, burgess, Edinburgh, 329. Seiris, kirk of, 960, v. Ceres. Selkirk, minister of, 757, v. Welshe. Selkirk, Sherrifăome of 53, 283, 755, 757, v. Etterick. Seminarie priests, 705, 714, 715, 748, 771, 1 117, 1121, v. Jesuits, Papists. - Sempill, Semple, Lord, 128, 755, 813, 815, 984, 1025, 1051. Semple, Simple, George, 797, 1005. Sentences of the Kirk, disannulled, 583;—sus- pended, 374, 380–2. - Sermons, afternoon, 460. Session, Court of, 8, 77, 167–9, 183, 872, 661, 662,667, 715, 719, 876, 878, 1028;-Lords of 166, 181,240, 341, 602, 875, v. Justice, College of. Session, kirk-, 39, 411, 666, 694, 746, 808, 865;-book of 993, v. Edinburgh, Ses- sion of Seton, David, v. Parbroth. Seton, provostry of, 635. Seytoun, Alexander, 518, v. Dunfermline. Seytoun, Alexander, of Meldrum, 754. Seytoun, James, of Tullibody, 755. Sheriffdomes, commissions in, 754–8. - Sharpe, David, minister of East Kilbride, 1080, 1089. Sharpe, John, minister of Kilmanie, 17, 18, 731, 741, 742, 1014–17. Sharpe, Patrick, principal of the College of Glas- gow, 579, 667, 706, 779, 788, 863, 892, 913, 928, 946, 947, 949, 963, 977, 979, 980, 986, 989, 996, 1024, 1031, 1938, 1046, 1047, 1058, 1060, 1069–71, 1080, 1089, 1091, 1092, 1099. Shaw, v. Schaw. [Shepherd], v. Spehard. - Sibbald, Sibbet, Abraham, minister in sheriff- dome of Aberdeen, 757, 975, 986, 1036, 1057, 1086. - s Sibbald, Alexander, commissioner from St. An- drews, 297. - Sibbald, James, 349. Sibbald, James, minister in the Mermes, 975. Silence enjoined on those dissatisfied, 664, 959, 1045, 1101. Sime, Syme, Alexander, procurator to the Kirk, 113, 362. Simonie, 162, 196, 270, 310, 314, 745, 1157. Simson, Symson, Andrew, minister of Dunbar, 49, 204, 205, 266, 277, 293, 468, 574. Simson, Andrew, in Edinburgh Presbytery, 468, 574. Simson, Andrew, minister of Ormiston, 720. Simson, Archibald, minister of Dalkeith, 720, 976. Simson, Sir Donald, priest, 718. Simson, James, minister, 1152. - Simson, Patrick, minister of Cramond, 667, 685, 730, 757, 765;-of Stirling, 770, 781, 788, 795–7, 800, 819, 828, 834, 849, 918, 934, 936, 949, 963, 972, 973, 979, 996, 1037, 1046, 1049, 1058, 1059–61, 1970, 1999. Simson, William, minister of Bruntisland, 804, 961, 962, 977. 50 INT).EX. Sinclair, Sinklar, Archibald, person of Zuddick, 336, 483, 532, 567. Sinclair, George, chancellor of Caithness, 336. Sinclair, John, vicar of Bolton, 430, 433, 636. Sinclair, Lord, 704, 861. Sinclair, Master of 96, 764. Sinclair, Margaret, 35, 286. Skeldoun, (Campbell?) Laird of, 58. Skeen, Skene, Alexander, 824. Skeen, Alexander, of that ilk, 826. Skeen, James, of Westercorse, 825, Skeen, Skene, Sir John, 476, 742;—Clerk- Register, 902, 1022, 1023. Skeen, William, commissioner of St. Andrews, 4, 375. Skirline, (Cockburn ?) Laird of 532, 567. Skrymgeour, v. Scrymgeour. Slaines, house of 830. - Slanderous proclamation, v. Proclamation. Slaughter, 124, 125, 194, 802;--of the Regent, 156, 157, v. Murray;-of the (bonnie) Earl of Murray, 897, 898, 900, 922, v. Dunibirsle. Smeton, Thomas, minister of Paisley, 411, 418, 424, 427, 435,436,449, 450, 459, 460, 463, 464, 468;-Principal of the College of Glas- gow, 471, 473, 487, 513, 522–5, 529, 533, 536, 539, 540, 544, 546, 548, 572, 573, 577, 578, 581, 585, 586, 590, 592, 597, 598, 605, 612, 619, 620, 625–30, 637-9. Smith, James, minister near Stirling, 763. Smith, John, minister of Maxton, Selkirk, 541, 766, 977, 986. Smith, Michael, at Strabroke, 15. Smith, Thomas, in Ochiltrie, 159. Smyth, Hary, collector, 235. - Solicitor for the Kirk, v. Hope, M*Kaitney, Ma- kison, Mowat. Somerville, James, Lord, 755, 769. Somerville, Master of 96. - Sommer, Symers, Robert, minister of Kynnaird, 1152. & Sorbie, Laird of 950. Sornbeg, Laird of, 61. South of Scotland visited, 51, 716, 722. Spain, King of, 817, 818. Spain, traffiquers with, 948, v. Apostate Lords. Spalding, James, minister, 804. Spehard, [Shepherd?] minister of Campsy, 572. Spence, Alexander, minister of Kilconquhar, 4, 58. Spence, Alexander, of Boddum, 826. Spence, Spens, Andrew, minister of Culsamond, Drumblait and Forgue, 336, 351. Spence, David, 3, 4, 18;—minister in Fife, 123, 244, 689, 690, 719, 800, 936, 976. Spence, George, servitor, 1017. Spence, Sir John, of Condie, Lord Advocate, 35, 49. - Spence, William, minister, 238. Spittell, Spittle, Archibald, minister, 766. Spittell, Nicol, minister of Longforgan, 88, 222. Spott, Laird of, v. Home. - Spottiswood, John, person of Calder, and Super- intendent of Lothian, 13, 15, 18, 25–31, 35, 38–42, 46, 50–4, 57, 65, 66, 72, 79, 81, 83, 88, 95, 113, 117, 131, 135, 138, 144, 145, 155, 156, 159, 163, 165, 167, 182, 186, 200, 203, 223, 242–5, 250, 255,261–6, 273, 275, 281, 289, 296, 300, 302, 310, 313, 314, 320, 326, 327, 331, 337, 338, 348, 349, 354, 359, 385, 389, 416, 436, 464, 470, 635, - Spottiswood, John, (son of the preceding,) per- son of Calder, 648, 765, 777, 796, 811, 863, 892, 936, 959, 960, 967, 969, 972, 978, 979–83, 986, 989, 996, 1000;—Archbishop of Glasgow, 1038, 1058–61, 1065-71, 1078– 80, 1089, 1092 ;—of St. Andrews, 1109-16, 1119–22, 1130–32, 1140, 1143–67. Spottiswood, John, preacher, 998. Spottiswood, John, of Foullar, 98, 99. Spreul, John, 599. Spy from Dunkirk, 732. Spynie, minister of, v. Gordon, Rawson. State disannulling Spiritual sentences, 583. State suspending Spiritual sentences, 374, 380–2. Statistics, 850, 941. Stentoun, minister of, v. Daill, Young. Stephanus, Henricus, printer, 306. Stevin, Alexander, deposed, 465. INDEX. 51 Stevinstoun, minister of 13, 153,235, 572, v. Porterfield, Walker, Walkinshaw ;--vicarage of, 153. - Stewart of Gairlies, younger, 4, 31, 39, 393. Stewart, Alexander, of Garlies, provost of Dum- fries, 96, 756, 766, 999. - Stewart, Sir Alexander, 767. - Stewart, Andro, 110. Stewart of Traquair, 354, 456, 532, 567, John, 755. & - Stewart, Elizabeth, (Iesabell,) Countess of Afran, 709, 712. Stewart, Esme, Lord d'Aubigny, v. Lennox. Stewart, Henry, of Ochiltrie, 824. - Stewart, Hector, 599, 600. Stewart, James, parson of Glenwhinie, (Glen- quhom P) 336, 351, 598. Stewart, James, 518. Stewart, James, minister of Saline, 764 1020, 1088. Stewart, James, of Ryland, 825. - Stewart, James, Earl of Arran, 566, 571, 709, 712. Stewart, James, Lord Doume, commendator of Inchcolm, 96, 519. Stewart, Jean, v. Argyle, Countess of Stewart, John, of Minto, 110 ;-provost of Glas- gow, 578, 580, 590, 591, 598, 755, 1091 ;- Lady Minto, 720. Stewart, Malcolm, 600, (Walter?) Stewart, Margaret, relict of John Knox, 258. Stewart, Patrick, minister, 1091. Stewart, Robert, Earl of Marche, Bishop of Caith- ness, 32, 34, 129, 136, 190 ;—commendator of the priory of St. Andrews, 222, 250, 286, 454, 467, 615, 697, 854. Stewart, Robert, commendator of Holyroodhouse, 134, 165–7, 190, 518. Stewart, Robert, of Fowbar, 599. Stewart, Robert, of Todlaw, 634. Stewart, Robert, minister in the Isles, 1038, 1091. - Stewart, Thomas, of Garntully, 754. Stewart, Walter, prior of Blantyre, 518, Privy- Seal, 645–8, 651, 685, 689, 709, 710, 712, 750, 762, 783, 824;-(Treasurer, 902,) 1006, Lord Blantyre, Secretary, 1014, 1022, 1046, 1057, 1080, 1085, 1109. Stewart, Walter, minister in the Lennox, 766, 849, 1057, 1080, 1089. s Stewart, Walter, (Malcolm ?) 600. Stewart, Walter, minister in Aberdeenshire, 666. Stewart, William, brother of Traquair, 456. Stewart, Colonel William, prior of Pittenweem, 585–9, 591, 595, 738. - Stewart, William, of Ochiltrie, brother of Årran, 709, 712. g Stewart,William, in Dumbarton presbytery, 1038. Stipends, 40, 71, 128, 164, 168, 169, 174,266, 277–9, 289, 306, 535, 553–6, 601, 628, 635, 659, 726, 727, 771, 1167;--voluntary, 61, 114;-inequality of, 179;-modification of 554, 555, 660, 661, 773;-modifiers of, 1025. Stirling, Stirline, Striveling, 526,650,721, 849; —Castle of 411,429, 1099;—commissioner of 541 ;-murder in, 405;-provost of 526; —sheriffdome of 26, 755, 757. Stirling, Assembly at, 156, 198, 412, 930;-- Chapel-royall of 117, 560;-conference at, 431, 438;—kirk of 3,421, 456;-minister of 35, 524, 541, 542, 547, 569, 604, 770, v. Duncansome, Montgomery, Simson;--pres- bytery of 484, 523, 546, 557, 560, 563, 573–5, 593, 618, 623, 625, 635, 650, 689, 797, 812–4, 957, 958, 1037, 1087;-reader at, 44, v. Duncansone;-session of 411, 563; —synod of 838, 912. # Stirling, Andrew, homicide, 802. Stirling, James, minister, Carstairs, 225, 1836, 351. Stirling, John, of Keir, 83, 145, 526, 531, 594, 754, 764. Stirling, Luke, in Cadder, 802. Stirling, William, minister, 354, 451, 667, 699, 727, 764. Stobo, personage of 224. Stoddart, John, minister of Campsy, 579. Storie, Thomas, minister at Foulden, 667, 766, 892, 1089. 52 INDEX. Stormont, Stermont, (district,) 754–7. Strabogie, v. Strathbogie. Strachan, Strathauchin, Strauchan, Alexander, minister of Creich, 1017. Strachan of Thornton, Alexander, 182, 290, 291, 825. Strachan of Thornton, John, 754. Stracham, John, minister at Kincardine[O'Neill], 359, 416, 531, 566, 666, 757, 892, 959, 971, 975, 980, 996, 1031, 1036, 1058, 1079, 1086, 1092. Strachan, John, minister of Clatt, 666. Strachan, Robert, of Dillevaird, 825. Strachan, William, of Glenkindie, 824. Strachan, William, in Banffshire, 757. Straiton, Straton, Laird of 110. Straiton, Alexander, of Lauristoun, 754, 1013–5, 1018. - Straiton, Alexander, of Craigie, 826. Straitoun, minister of, 225, 572, v. M'Crone;— personage of 224. Stramiglo, minister of 18, 36, 264, v. Leslie ;- vicarage of, 264. Strang, Dr John, minister of Errol, 1152. Strang, Richard, procurator for the Kirk, 35, 50, 1 10, 113, 118. t Strang, William, minister of Kirklistoun, 266, 667, 689. - Stranraer, Laird of 950. Stranraer, new kirk of 950. Strathardaill, reader in, 58. Strathauchin, Straucham, v. Strachan. Strathbogie, Strabogie, (district,) 44, 716, 981 ; —house of 830. - Strathbrock, Strabroke, minister of, 15, v. Smith. Stratherne, Stewartrie of 237, 754, 757. Stratherne, collector of 245;-kirks of 54, 416, º, 625;—presbyteries in, 531, 549;—superim- tendent of, 203, 237, v. Winrham. Strathurer, Laird of 354. Stravithie, (Wood,) goodman of, 764. Striveling, v. Stirling. Strogeith, kirk of, 625. . Strouan, kirk of 625. Struthers, William, minister of Edinburgh, 998, 1120, 1128, 1131, 1132. Stuart, v. Stewart. - Students, to subscribe the true religion presently professed, 693. - ... " . . . Subscription, to large Confession, v. Articles o Faith;-to the Band, (1567,) 110 ;-to the (negative) Confession, (1580–1,) 518;-to the new Confession, (1616,) 1130, v. Confession of Faith, Students. * * Suddick, Zuddick, person of, v. Sinclair. Superintendents, 8, 13–20, 23, 25, 46, 49, 60, 64–6, 70, 74, 77, 82–5, 91, 92, 96, 106, 109, 113, 124, 126, 128, 146, 148, 158, 193, 242, 243, 252, 263, 278, 294, 383, 385, 389 ;—demissions of, 296, v. Carsewell, Erskine, Spotswood, Willock, Winrham. Superstition, (Devil's croft,) 832, 874, v. Burials. Supplications by the Kirk, 9, 11, 19, 34, 51, 88, 182, 291, 307, 414, 546, 658, 740, 744, 784, 810, 900, 1056, v. Articles, Grie- Vances. * * - Supplications to the Kirk, 259, 346, 619, 802. Suspension by the Kirk, 42, 44, 45, 114, 343, 370, 691, 698;—by the State, 374, 380–2. Sutherland, Earl of 698, 718, 984, 1025. Sutherland, Countess of, 718, 948, 1025. Sutherland, Sudderland, Elizabeth, 650, 689. Sutherland, Nicol, 152, 154. Sutherland, William, of Duffus, 824. Sutherland, William, person of Moy, 51. Sutherland, ministry of, 762;—presbyteries in, 550, 586, 587, 613, 627. 2 Swintoun, minister of, 840. Swintoun, Thomas, minister in Orkney, 736, 756, 800, 1035. Syme, v. Sime. Symson, v. Simson. - Synods, 29, 131, 158, 162, 178, 188, 191, 193, 265,266, 272, 366, 390, 452,453, 458, 460, 477, 480–2, 527, 583, 601, 649, 665, 710, 749, 808, 1041 ;—divided, 1096, 1104 ;- moderators of 1096, 1104;-order and vote in, 650 ;—ratified, 808;-registers of, 814, 815, 935 ;—time and place of meeting, 649. INDEX. 53 TACKs of Benefices, 105, 373, 413, 417, 451, 603, 634, 635, 638, 639, 722, 734, 770, 783, 790, 811, 861, 871, 916, 928–30, 940, 948, 973, 1002, 1006, 1026. Tannadice, minister of, v. Melville. - Tarbet, (in Ross,) kirk of, 1003;-minister of, v. Monro. - . Tarbet, (in Fife,) Tarvet? Laird of, 123. Tarbolton, personage of, 224. Tarves, kirk of, 717, 953. º Taverns, ministers or readers not to keep, 378. Tayne, minister of, v. Monro;—presbytery of, 1036. - - Teinds, 8, 40, 49, 60, 70, 83, 146, 770, 799, v. Benefices, Patrimony, Stipends. Terregles, v. Maxwell. Testaments, referred to Parliament, 6. Testimonials, to presentees, 192, 193, 198, 212, 327. - Teviotdaill, 53, 54;-archdeane of, v. Colville, Ker;—presbytery of 588;-sheriffdome of, 755, 757;—visitation of, 283, 318, 416, 436, 470. Thanksgiving, 1001, 1002. Thesaurer, v. Treasurer. - Thirds, 34, 107, 127, 139, 151, 161; 168, 169, 174, 232–6, 249, 457, 602, 603, 632, 634, 707, 722, 730. Thirds, collectors of, appointed, 117, 234, 235; —caution for, 118;-injunctions to, 119, their bounds, 234, 235. - Tibbermuir, Tippermure, minister of 341, 531, v. Balnaves. Tillidaffe, Andrew, of Rannestoun, 825. Tingwall, kirk of 668;—presbytery of 481. Titles, prelatic, 162, 166, 246. Thomson, Alexander, skinner, Aberdeen, 1017. Thomson, George, 266. Thomson, Patrick, Flisk, 711. Thomeson, Paul, 716. Thomson, Richard, minister at Cassiltoun, 1013, 1057. Thomson, William, 719, 758. Thornton, Laird of, v. Strachan. Thornton, Jeanie, (Spouse of Oliver Peibles,) 622. Tod, , in Glenquhome, 302. Toleration, 67, 68. Tongue, Language, v. Irish, Scottish. Torphichen, commissioners of, 4. Torphichen, Lord, 1057. Torrie, Laird of, 1022. Touch, Laird of (Seyton?) 763. Touch, Tuich, minister of, v. Irving. Tourner, v. Turner. Traill, John, of Blebo, 956. Tranent, minister of, v. Cranston, Forrester. Translation, v. Ministers. Traquair, Laird of, v. Stewart. Travel, licence to, 51. Travellers, v. Apostates. - Treasurer, Thesaurer, 110, 128, v. Blantyre, Dunbar, Glammis, Melville (Depute), Rich- ardson, Ruthven. - Treasurer-Depute, v. Melville, Murray. Tremellius, his Bible, 992. Trent, Council of 94, 250, 251, 569, 613, 727, 854;-acts of 992. Trewquhy, Frewchy, v. Grant. Trilapse in scandal, 56. Tryal, of congregations, 993;—elders, 14;- ministers, 14, 26, 745, 992;—presbyteries, 748, 991–4;—superintendents, 14, 26, 31, 39, 184, v. passim, the first business in As- semblies. - Tuedy, William, of Drummelzeair, 755. Tullibardin, Laird of, v. Murray. Tullibardin, Master of 1085. Tullidaff, John, būrgess, Aberdeen, 1017. Tulliealane, Laird of, 388. - Tulliebodie, kirk of, parochiners of 957, 958. Tullievaird, Dillivaird, Laird of, v. Strachan. Tulloch, James, 286. - Tulloch, Robert, of Tannacheis, 825. Turing, William, of Foverne, 754. Turner, Patrick, minister, 1088. Turreff, err. Torrie P 316, 649. Tweddaill, 283, 318, 416, 436, 470;-presby- tery of 549, 587, 588, 1038, v. Merse, Visi- tation. Tweddell, Lady, 716. 54 INDEX. Tyningham, minister of, v. Liddell, Sanderson; —parochiners of 58, 63. Tyrie, James, 289, 361. Tyrie, John, 835. Tyrie, Thomas, 832–3, 835. . . . ; Tyrie, in Buchan, minister of 5, v. Ramsay. UCHILTREE, v. Ochiltree. Udney, William, of that ilk, 825. Udward, Alexander, commissioner of Aberdeen, 289. Uduart, Archibald, 802. Union of Kirks, v. Kirks. Unity, v. Doctrine, Subscription. Universities, 33, 35, 60, 108, 127, 212, 213, 245, 305, 311, 339, 415, 466, 593, 602, 605, 613, 693, 737, 811, 856, v. Aberdeen, Edinburgh, Glasgow, St. Andrews;-gradua- tion in, 140 ;—visitation of 593. Urchart, v. Urquhart. Ure, John, minister of Leuchars and Menteith, 47, 222, 239, 368, 379, 667, 708. Urie, Laird of, 813. Urquhart, in Ross, minister of 63, v. Robertson. Urquhart, Alexander, minister of Olrick, 336, 570. - Urquhart, John, of Culbo, tutor of Cromarty, 754, 824. * , WACANcies, v. Benefices, Kirks. . . . . . Vagrants, 874, 1121, v. Beggars, Egyptians. Waine, Laird of, v. Lindsay. . . . . . Vans, Sir Patrick,0f Barmbarrauch,750, 756,781. Vautrolier, Thomas, printer, 462. - Wictuals, v. Fiars. * * - - Violence (personal).to ministers, v. Ministers. Vischard, v. Wischart. * * - Visitation, 35, 39, 51, 54, 57, 63, 65, 112, 113, 117, 130, 131, 190, 239, 305, 318, 327, 353–60, 425, 429, 434, 435, 461–6, 724, 736, 949, 961, 986, 987, 99.1–4, 1048, 1044, 1061, 1097, 1107, v. Countries, Kirks, Presbyteries, Tryal. Visitors, 358–61, 367, 385, 416, 452, 468– 70, 668–84, 725, 778;-instructions, 357, 361, 409, 418, 422, 431, 459, v. Commis- sioners, Superintendents. * * Vote in Assembly, v. Assembly. - Vote in Parliament, 414, 419, 425, 526, 527, 606, 787, 875, 931–3, 944–6, 954–6, 958, 959, 1000. . . . . . Voters, cautions anent them, 946, 955, 956, 959 ;—their election and nomination, 946, 954;-leet of 1000;-their name, 956;-- their number, 946;--their rent, 954;-period of their office, 956, 958, 959. Wachtoun, v. Waughtoun. Walker, Adam, minister, 804, 1086. Walker, Duncan, minister at Bassenden, 766. Walker, James, minister of Steinstoun, 13. Walker, John, minister of Minigafe, 386. Walkinschaw, Patrick, minister of Stevinstoun, 572, 579, 649;-at Cadder or Monkland, 757, 977, 983;—subdean of Glasgow, 1080. Wallace, Adam, baillie of Glasgow, 594. Wallace, Alexander, minister, 757. Wallace, Hew, 4. . * * * . . - Wallace, Hew, of Carmall, 3, 50, 61, 182, 186, 200, 204, 235, 290, 436, 598, 1046, 1057. Wallace, John, of Cragy, 755. -- - - Wallace, Michael, minister of Kilmarnock, 1090, 1092, 1152. * " *. . - - Wallace, Robert, minister of St. Andrews and North Berwick P 817, 940, 961, 978, 984. Wallace, Thomas, Trament? 145. Wallace, William, of Carmall, 52. Wallace, William, minister, 1090. Walwod, Charles, minister, 804. Waterstoun, Patrick, minister, 1085. Watson, John, v. Webster. . . .” Watson, Johne, minister of Alves, 63. Watson, John, minister, [Dundonald, 1090. Watson, Peter, minister, Merkinch, 222;-min- ister, Dumfries, 271 ° 300 °–Commissioner of Nithsdale, 318, 834, 337, 354, 859, 365, 393, 416, 429, 436, 470, 537, 605. INDEX. 55 Watson, William, minister of Edinburgh, 699, 737, 971, 972, 999. . Watt, Walter, 825. Waughton, Wachton, Laird of 916, 930, 1022, 1091, 1143, 1152. - WChiltrie, Lord, 1022, v. Ochiltree. Wdney, v. Udney. Webster, John, (alias Watson,) parson of Can- misbie, 336. Wedderburn, Laird of, 352, 707, 798, 873, v. Hume. - Wedderburn, Alexander, younger, Dundee, 1143, 1152. - Wedderburn, William, Bishop of Dunblane, 998. Weemes, Weymes, David, minister of Glasgow, 4, 97, 145, 198, 204, 220, 235, 236, 288, 293, 434, 545, 563, 565, 572–3, 600, 604, 667, 766. Weemes, John, minister, 1061, 1069, 1070, 1152. Weemes, John, commissary of St. Andrews, 1079. Weems, Patrick, 354, 667, 690, 1057. Welsche, John, minister of Selkirk, 757;-min- ister of Ayr, 863, 901, 936, 961, 978, 986. Welstoun, kirk and vicarage of, 234. West, Superintendent of the, v. Willock. Weymis, David, 110. Weymis of Pittencrieff, 110, 532. Weymis, David, minister of Ratho, 4, 13. Weymis, Johne, 66, 269. Weymis, Laird of, younger, 764, 1143, 1152. Whithorn, Whitterne, Quhitterne, cathedral of, 282;-minister of, v. Gordon ;-prior of 6; —presbytery of 482. Whitsome, minister of, v. Hislop. Whittingham, Laird of, v. Douglas. Whittingham, minister of 204, v. Sanderson. Whytekirk, vacant, 163. Wicht, Richard, 763. Wick, kirk of, presbytery of 481, 669. Wigtoun, commissary of 336, ºv. M'Gawin;— minister of, v. Young;-presbytery of 950, 978, 1038;—sherifdome of, 32, 756, 758 ;— thrids of, 105. Wigtoun, John, Earl of, 1022, 1046, 1056, 1069, 1080, 1085, 1099. Wilkie, Daniel, 998. Wilkie, James, rector of St Andrews, 4, 27, 29, 73, 203, 238, 320, 354, 356, 365, 667, 707. Wilkie, Robert, minister of Kilmarnock, 649, 667, 758, 800, 1090. - Wilkie, Robert, Principal of St Leonard's College, 300, 628–9, 639, 707, 799, 811, 848, 896, 930, 934, 936, 946, 949, 959, 960, 963, 972, 973, 979, 980, 986, 996, 1000, 1031, 1037, 1058. Williamson, Sir James, priest P 770. Williamson, John, writer, 913. Williamson, Robert, minister, Cromartie, 756. Willock, John, superintendent of Glasgow or the West, 13, 16, 17, 28–31, 38, 39, 46, 49, 50, 54, 57, 59, 64, 120, 123, 131, 393. Wilson, Janet, 717. Wilson, Robert, minister, (Dalkeith), 18. Wilson, Thomas, advocate P 732, 736. Winchester, Dean of, v. Young. Winchester, Alexander, minister of Elgin, 301, 421. . - Winrhame, John, prior of Portmoak, superin- tendent of Fife and Stratherne, 13, 18, 19, 25, 29, 31, 35–9, 43–5, 49, 50, 53–8, 62, 65, 66, 73, 77, 79, 88, 112, 113, 123, 125, 131, 133, 138, 144, 145, 148, 158, 161, 175, 182, 185, 186, 200, 203, 204, 208, 222, 223, 228, 235—9, 242, 244, 247, 250, 257, 261, 264, 271, 289, 290, 293, 295, 297, 314, 318, 320–3, 326, 334, 337, 341, 359, 362, (Bondronne,) 803. Winrhame, Robert, collector of Fife, 194, 234. Winrhame, Robert, of Ratho, 4. Wischart, George, minister, 804. Wischart of Pittarrow, Sir John, (the father,) comptroller, 26, 33–5, 38, 41 ;-(the son,) 1 10, 129, 754, 825. Wischart, John, messenger, 1015–17. Witches, 44, 53, 283, 725, 937–9. Witherspoone, James, Linlithgow, 3. Wood, Andro, of Largo, I 10, 755. Wood, Archibald, 110. H 56 - INDEX. Wood, James, appeirand of Bonytoun, 830, 832, 837, 876, 877, 906, 929. Wood, John, (of Tillidavy P) 4, 40, 97, 110, 145, 150, 152, 154. Wood, Laird of Bonytoun, 96, 929, 965, 1143, 1152 ;—his sister Margaret, 965. Wright, Richard, 545, 579. Wratoun, Writtoum, Alexander, 757, 766, 796, 800. Wrwing, v. Irving. Wyllie, Andro, 800. Wyllie, Matho, minister of Dalrymple, 796. Wymrhame, v. Winrhame. YESTER, Lord, 96, 755. Yles, v. Isles. Yorke, Archbishop of 42. Young, Yong, Alexander, 271, 757. Young, Andrew, minister of Dumblane, 342, 648, 667, 729, 757, 764, 814, 819. Young, George, 329, 346, 524, 663, 697, 969. Young, James, minister at Stentoun, 13, 691, 692, 765. Young, John, preacher, 804. Young, John, minister, Wigtoun, 567, 758. Young, John, minister of Irvine, 203, 260,290, 293, 355, 436, 450, 460, 464, 470, 475, 487, 532, 537, 539, 550, 572, 605, 800, Young, Dr John, Dean of Winchester, 1145–8. Young, Oliver, Perth, 820. - Young, Peter, 225, 310, 329, 518, 645, 647, 663 ;—Patrick, 783. Young, Youngson, Robert, minister of Clatt, 1017. Young, William, minister, 758. Yule, Christmas, 334, 339, 809, 874. ZETLAND, v. Orkney ;-commissioner of, 537, v. Foulsie ;-crimes in, 162;—kirks in, 165, 416, 435, 801, 812;-ministry of, 762;— patronages of 661 ;-presbytery of, 1035. Zuddick, v. Suddick. - Zurich, Confession of Faith of the kirk of 90. ADDITIONS AND CORRECTIONS TO THE INDEX. ABERBROTHOCK, preachers in, for 990, read 998. Aberchirder, kirk of, 672. Abercrombie, John, insert of Scone. Abercrombie, (St Monance,) minister of, v. For- syth. Abercrombie, Wm., for 826, read 825. Aberdalgie, dele 672. Aberdeen, dele Mass in, 902. Aberdeen, Friars of, dele 3. Aberdoure, dele 5, Ramsay. Aberdoure and Tyrie, (in Buchan,) minister of, v. Ramsay. Abernethie, minister of, v. Moncrieff. Abernethie, Alex., for Tashindrum, read Les- sendrum. Adair, v. Kinhilt. Adamson, Pat., for 458, 464— read 453, 464. Adultery, for 766, 825, read 746, 937. Aird, William, insert minister of St Cuthberts. Alford, minister of, add Guthrie. Allan, Robert, minister, add Newlands. Alves, add minister of, v. Balfour. Anderson, Andrew, College of Aberdeen, 141–43. Anderson, John, 394 transposed. Annand, Alexander, insert of Auchterellan. Annand, James, for 410, read 416. Anstruther, minister of, for Davie, read Durie. Apostates, for 430, read 431,–dele 489,- transpose from Apostate Lords, 851, 853. Apostate Lords, for 917, 923, 928, read 917– 923, 929. Arbuthnot, Alex., Principal, for 391–409, read 391, 398, 409. Arbuthnot, minister of, v. Ramsay. Argyle, Archibald Earl, add 300, 314. Articles, by Synod of Fife, for 945, read 994, 995. Articles proposed by the Kirk, dele 684. Assembly, translation of, for 182, read 184. Assembly, meetings of, insert 744. Assembly, yearly, for 801, read 807. Assignations, for 125, read 126. Auchinmoutie, William, minister in Teviotdaill, Tead of Hawick. Auchterderran, minister of, v. Boswell. Auchtermowtie, read Auchtermuchtie. Ayr, sheriffdome of, 648, 724, dele 397. BALFOUR, James, minister of Guthrie, insert and Idvie. Balfour, Patrick, for in Murray, read of Alves. Balfour, William, minister of Kelso. Ballamdane, v. Ruthen. Ballingown, Balnagown, v. Ross. Balmaine, Balmany, add Bowmaine, v. Ramsay. Balmerino, minister of, insert Douglas. Balnaves, Alexander, for Tippermure, read Tib- bermure. Balquhidder, minister of, v. Burdoun. Bassanden, minister of, v. Walker. Benefices, transpose 155, to demission of -dele 273,-for 739, read 733. Bennet, James, minister, insert Ormistoun. Beza, for 999, read 992. Bible, for 970, read 992. Bills, for 806, read 896. Birnie, William, read 1090, 1092;—of Ayr. 58 ADDITIONS AND CORRECTIONS Birse, read Birsa. Bishops, deprivation of, 559;-responsible, 413. Bishops, titles of, 162, 491, 492. Bisset, Thomas, minister, insert Drummelzier. Blackwood, Peter, insert minister, Saline. Bolton, add minister of, v. Duncansone. Boswell, George, insert of Auchterderran. Boyd, Lord, after 589, insert Thomas. Branxholme, v. Scott. Brechin, Diocie of, ministers in, 998, 1086, dele 778. Burdoun, James, for in Strathern, read Bal- quhidder. Burne, John, messenger, 559. Burne, John, minister, dele 559. Burne, Nicol, insert professor, St Andrews. Burntisland, (Wester Kinghorn,) minister of, v. Mitchelsone. Burntisland, dele 834, v. Kinghorn. Bursars, for 226–8, read 228–230, CAITHNESs, for Earl of read ministry of 762. Caldeleuche, John, minister, insert of Abdie, for 1036, read 1037. Campbell, Colin and Duncan, v. Glenurquhy. Campsy, for 522, read 572. Carmichael, Jameses, are one, transfer 863, to Carmichael, John, of Kinmeuchar. Carnbee, minister of, add v. Hunter. Carnell, Carnwall, insert Karnall. Cassills, Tutor of, v. Kennedy. Cautions, Caveats, insert against Bishops. Channons, Canons, add Monks and Friars. Chein, James, insert Kildrymmie. Cheyne, Walter, for 825, read 824. Chisholme, Alexander, minister, Muthill. Christieson, William, for 646, read 649. Clark, William, for 331, read 531. Clayhills, Archibald, err. for Andrew, 796. Cleish, minister of, insert Myles. Cliddisdaill, dele 5,-overward, for 391, read 390. Cliddisdaill, George, insert minister in Clydes- dale. Closeburn, add minister of, v. Ramsay. Collation, 704, read 702. Collectory, insert 118. Colville, Alexander, dele Abbot or,-also 49. Colville, Harry, minister, insert in Orkney. Colville, Robert, insert minister in West Lothian. Commission by Presbytery of Edinburgh, 909; —St. Andrews, 1009;-bySynod of Fyfe, 908. Commission, general, for 972, read 971. Commissions, copies of, insert 908, 909, 1009. Conference, privy, dele 750, 755. Conference at Falkland, for 1609,) 1609–78, read 1609,) 1069–1078. Confession of Zurich, v. Zurich. Contribution for the French exiles, insert 379. Cornwall, Nicoll, for 764, read 765. Cornwall, Robert, insert minister of Linlithgow. Council, Secret, insert 755,-for 146, read 147, —add Johnston. Couper, minister of, add Scott. Cowper, William, for 1089, read 1092. Craig, John, minister, Edinburgh, for 576, read 577. Craig, John, appearand of Ramuscraig, read of Ravinscraig. Craig, Thomas, err. for Greig. Craigie, insert in Stratherne. Craigie, in Kyle, minister of, v. Inglis. Craigings, insert Craigence, Craigends. Cramond, minister of, insert Lundie. Cranstoun, William, insert minister of Lathrisk. Crawfurd, for Captain, read Captain of. Crichton, teinds of, add minister of, v. Johnston. Crimen Ambitus, 864, 989. Culross, Abbot of, (William), 49. Culsamond, add Mason, Spens. Cunningham, Samuel, insert minister of South Ferry. - Cunningham, William, read John, 1005. Cupar, v. Couper. Cushny, add Laird of, v. Lumsden. DAILL, for in Lothian, read Stentoun. Dairsie, Laird of, v. Learmonth. TO THE INDEX. 59 Dalgleish, Nicol, minister of Pittenweem, add and St Cuthberts. Dalkeith, Robert, insert minister, Hamilton. Dalyel, Niaian, insert in Nithsdaill. Davidson, John, in Auchterarder Presbytery, 764, 1037. Davidson, John, minister, Hamilton, dele 764, 1037. Davidson, John, Regent, &c., dele 1037. Davidson, Patrick, collector, dele 667. Davidson, Patrick, minister, 667. Diocie, for 16, read 14. Discipline, First Book of, insert 15. Disobedience, for 162, read 142. Doctors, (professors,) for 959, read 958. Doddis, James, minister, insert Kirkcudbright. Douglas of Lochlevin, v. Lochlevin. Douglas, Alexander, dele 1102. Douglas, Archibald, person, dele 567. Douglas, Archibald, minister, insert 567. Douglas, James, minister, insert in Angus, 763. Douglas, James, 4, of Torthorwald, 756. Douglas, James, minister, insert in Angus. Douglas, John, Rector, &c., for 55, read 58. Douglas, Patrick, for 421, read Chantour, 421. Dowart, laird of, v. M'Lean. Drummelzier, minister of, v. Bisset. Drummond, Robert, insert minister. Duff, James, insert minister in Banffshire. Dumbennan, minister of, insert v. Philp. Dumbennan, presbytery, insert moderator of, add v. Chalmers, Kay. Dumblane, Bishopric of, dele 754, 757;-min- ister of, insert Montgomery. Dumbreck, insert of Wrtoun, Urtane. Dumfries, minister of, add Watson. Dunbar, Presbytery of, for 484, read 486. Duncan, Henry, insert minister, Muirhous. Duncansome, John, dele 646. Duncansone, Thomas, for Bowden, read Bol- ton P Dundas, James, minister, insert Forres. Dundas, Patrick and Thomas, ministers, insert in Moray. - Dundee—preachers, are under the clause Presby- tery. Dundonald, add minister of, v. Mylne. Dunfermline, Earl of, for 759, read 750. Dunkeld, Diocie of, for 282, read 283. Dunnone, insert in Orkney. Dunnyveg, laird of, v. M'Conneill. Dunse, (and Edrom,) after 223, insert v. Gates. Dunskelly, laird of, v. Johnstone. Durie, Simeon, insert minister, Forgan. Dysart, for Murray, read Hogg, Murray, Scott. 585? ECCLES, minister of, v. Frenshe. Edinburgh Magistrates, &c., for 731, read 720. Edinburgh, Ministers of, for 256, read 259,- add v. Balcanquall, Balfour, Bruce, Cowper, Craig, Durie, Galloway, Hall, Hewat, Knox, Lawson, Rollock, Watson. Edinburgh, Presbytery, for 593–7, read 593, 597,-for 720, read 731. Edmonstone, John, minister, insert Tillieboill. Edmonstone, William, transpose 531, from Dun- treath, to William, minister. Edrom, Edrem, minister of, v. Gates. Eglisgreg, minister of, insert v. Gudeſallow. Elibank, v. Murray. Elliot, James, minister, insert of Forfar, before 1086. Erskine of Dun, for 255, read 355. Essie, read Essie and Nevay. Essilton, minister of, v. Daes. Exercise, for 50, read 57,-for 1105, read 1107, —transpose 692, after Presbytery. FALKLAND, alias Kilgour. Family of the King, for 484, read 464. Fife, for 615—, read 615,-for 655, 656, read 655–657. Fingask, dele Kingask,--for Hay, read Forbes. Forbes, Auchanachie, for 826, read 825. Forbes of Pitsligo, 824. Forbes, Thomas, father and son, Aberdeen, 1017. 60 ADDITIONS AND CORRECTIONS Forbes, William, of Barnes, dele 828. Forbes, William, of Corsindea, 825. Fordoun, add minister of, v. Pallady kirk. Forfar, insert minister of, v. Elliot, Fullerton. Forfest, insert Forsyth. Forgan, minister of, v. Dury, Lindsay, Marche, Forgundie, minister of, v. Ross. Forres, minister of, insert Dundas. Foulden, add Storie. Foulis, minister of, v. Galloway. Foulis, laird of, v. Munro. Foulis, James, insert Dunkeld. Fraser, Alexander, insert of Dorris. Fraser, Andrew, in Tyry, 825. Fraser, v. Phillorth. Fraser, Paul, minister of Strathcathro, for 345, read 545. Fraser, Thomas, 824, dele minister of Strath- cathro. - Fullerton, John, of Sanquhar, dele 757, 763. Fullerton, John, minister in Angus, 757, 763. GALLOWAY, Patrick, minister, insert of Foullis. Galloway, Bishopric of, 223, dele (Glasgow P) Garden, Gilbert, insert 355. Gartly, minister of, v. Nicolson. Gates, Patrick, for Edrom, read Dunse and Ed- rom, dele 7. Gilmour, insert in West Lothian. Gladstanes, Dr Alexander, insert Archdean, St Andrews. Glasgow, Archbishop of, for 690, 603, read William Erskine, 690, 693. - Glasgow, Presbytery of, for 523, 771, read 524, 773. Glenurquhair, for 1093, read 1091. Gordon, Alexander, for 30, read 301. Gowrie, William, Earl, for 570, read 571,– add v. Ruthven. Graham, David, of Fintry, for 529, read 526. Graham, John, advocate, insert one of the Lords of Session. Guthrie, Alexander, minister, insert Alford. HALKET of Pitferran, 532, Hamilton, Lord John, add 747. Hamilton, James, in Dalry, add 532, 539, 567, 800. Hamilton, James, of Libberton, dele 800. Hamilton, James, of Kincavell, insert Sheriff of Linlithgow, and dele 532, 539, 567. Hamilton, John, of Sanquhar, 292, 294. Hamilton, Patrick, the Martyr, 36. Hamilton, William, in Galloway, add 1047. Hamilton, William, of Cambuskeith, dele 1047. Harris, v. M*Leod. Harvie, for Elricke, read Elke. Hawick, insert minister of, v. Auchinmouty. Hay, Robert, minister, insert in Dumbennan presbytery. Hayming, v. Scott. Hepburne, Robert, minister, insert Prestonkirk. Hewat, Peter, for 1127, read 1128. Holyroodhouse, minister of, for 206, read 204. Home of North Berwick, transpose 1091 from Alexander to Sir John. Home, Hume, George, v. Wedderburn. IDOLATRY, for 25, read 23. Idvie, minister of, v. Balfour, Ramsay. Incest, for 154–6, read 152—4. Innes, Alexander, insert Peathmick. Innes, Robert, for Elreck, 826, read Elrick, 825. Intrusion, for 482, read 492, 509. Inveresk, v. Musselburgh. Irvine, Presbytery of, for 549, read 550. Isles, Bishop of, for 590, read 1091. Jesuits, for 559, read 550. Jure devoluto, for 869, read 863. KELS0—105, insert minister of, v. Balfour. Kemback, minister of, v. Monypenny. Kennedy, Gilbert, monk, dele 6. Kennedy, Quintin, Abbot of Corsi'aguell, 6. ' Kilbride, minister of, insert Sharpe. Kildrymmy, insert minister of, v. Cheyne. TO THE INDEX. 61 Kilravock, v. Rose, Ross. Kinkarth, insert Kingarth. Kinnaird, Alexander, insert Cubin. * Kinninmonth, Patrick, insert of Callenge. Kirkcaldy, minister of, insert Mitchelson. Knox, John, minister of Lauder, insert or Melrose. LABOURERs, for 47, 48, read 22,-add 874, v. Oppression, Poor, Teinds. Langton, add minister of, v. Methven. Lasswade, add v. Nicolson. Lathrisk, minister of, insert Cranston. Laud, Robert,read Robertland, [Cunningham of..] Lauder, burgh, add minister of, v. Knox, Lawder. ' Leask, Lesk, Thomas, add 825. Lethington, v. Maitland. Lindsay, David, Lyon herald, 290. Lindsay, David, minister, Dundee, add 998. Linlithgow, minister of, insert Cornwall. Livingston, Harie, minister, insert near Stirling. Logie, (near Stirling,) minister of, v. Hume. Lundie, George, minister, insert Dalmeny. MAYBOILL, Presbytery of, add 648. Melrose, minister of, insert Knox. Merkimch, minister of, v. Watson. Murray, Charles, of Cockpale, read of Cockpule, 756. Musselburgh, insert Inveresk,-add Blackhall, Burne. NEwlANDs, minister of, v. Allan. Newton, Laird of, add Oliphant. Nithisdaill, for kirk, read kirks. OATHs, add 1139. Oppression, v. Labourers, Poor, Teinds. Ormistoun, minister of, add Bennet. Oswald—minister, insert in the Merse. PETFODDELs, v. Menzies. Poor, add v. Labourers, Oppression, Teinds. Prestonkirk, minister of, v. Hepburne. RAMSAY, for Bowman, read Bomaine. Robertland, [Cunningham of..] 873. Rig, James, add v. Carbarric. Ruthen, v. Ruthven, William, of Bellindane. Ruthven, for William, read William Lord,— add v. Gowrie, Earl of ST CUTHBERTs, minister of, v. Aird, Harlaw, Pont. St Marie's Isle, v. Lidderdale. Sanderson, insert Tymingham before Whitting- ham. Scott, William, transpose minister of Cupar, be- fore 1037. H. &. J. PILLANS, PRINTERS, EDINBURGH. º ſae ¿ -、、、。 ******¿¿.*ſº №ae,¿¿.* -§§2, §§·§§ ¿%-&&&&§§§ ¿¿.*------§§ ¶ ; aĚ a= CD O C\! O ço ſea ±g a ā W | ich 90.15 00 University of Michigan - | l | ¿