Acts and Proceedings of the General Assemblies of the Kirk of Scotland, 1560-1618. Originally published by [s.n.], Edinburgh, 1839.
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A. D. M. D. LXXXIX.
Upon the 5 of March, the said Lords requisted for 20 days liberty for further conference: It was granted upon conditions that he be keeped at the Provists appointment, at some honest mans house, where none should have access to him without the presence of some of the Ministrie; and that if he remained obstinat, they would travell no more for him, nor have any dealing with him. Mr Andrew Melvill, Mr Nicoll Dagleish, Mr John Davidsone, and sundrie others opponed, but in vain; and therefore Bothwell and Montrose came again to the Assembly the same day after noon, and sought other 20 dayes, which was hardlie taken. Bothwell desired in end that the Assembly should conceeve no evill opinion of him, and promised to speak no more for Fintrie.
First, An act concerning discipline to be used against recepters of Jesuits, Seminary Priests, and excommunicats, whereof the diligence is to be reported to the Presbytrie of Edenburgh, betuixt and the first Tuesday of May nixt to come.
All Pastors proceeding to the sentence of excommunication against whatsomever persons, enjoyned to send the testimoniall of the sentence to the Session of the Ministers of Edenburugh, to be intimat by them, as also the sentence of absolution therefrom, under the pain to be publickly admonished that failyies therein.
The Subscription of the Bound of mantaining religion and Confession, de novo, is to be execute be the brethren and Commissioners appointed by the Privie Counsell thereto; and that report of the deligence be made to the Presbytrie of Edenburgh, betuixt, and the 20 days of May nixt to come.
The said Bound, with Confession of Faith, Act of Secret Councell concerning Jesuits, Papists, and Seminary Priests, a new Commission to receve subscriptions, are ordained be the Counsell to be printed, whereof every Presbytrie shall take home a copy, or given tickets to Mr John Davidson, of the persons names who shall receve the samine, and pay therefore; and, sicklike, to take with them a requiest of the Assembly to the Commissioners.
Item, Tryall de nove is appointed of the whole Presbytryes, as was had before this Assembly, and their diligence to be given in write in their Synodall, in October nixt to come, and therefrom brought back to the Generall. Nothing altered in the whole Commission, except Elgin, Forese, and Invernesse, to be tryed by themselves; and the Presbytryes of Dumsermling and Kirkcaldy to trye themselves, with the assistance of Mr Andrew Melvill, and Mr Nicholl Dagliesh; Hadintoune as before, chang ing Mr Nicoll Dagleish with John Brand; and at the tryell of Peebles, for Mr Dravid Lindsay, John Brand.
The whole Presbyteries within this land are commanded to direct, under their testimonialls, the names of all the beneficed persons not making residence, and others incurring deprivatione be act of Parliament, that are els deposed, or shall be deposed hereafter, to [the] judges of non residence, betuixt and the 20 day of May nixt to come, under the pain to be publickly rebuked be the whole Assembly.
Diligence to be done be Pastors, Commissioners and Presbyteries of Countryes, against the intertainers of excommunicat persons, viz. that after admonition they be proceeded against with the sentence of excommunication; and this diligence to be remitted back be every Presbytery to the Presbytery of Edenburgh, betuixt and the first Tuesday of May nixt.
The same order and execution to be followed on against recepters of Jesuits, Seminary Priests, to be likewise remitted under the pain of deposition of the Pastors negligence heirin, and accompting of Presbytryes and Commissioners for Slothfulnesse.
Presbytryes and Particular Sessions to proceed against the violaters of the Lords day, by keiping of mercats and fairs therin, with the censures of the Kirk; and, in speciall, against the persons that may stay to be holden within their bounds.
Synodalls are ordained to help the Burrowstouns within the same, yet unprovided and unhelped, and provid Pastors therto; exeeming Edenburgh, Dundec, Glasgow, Sanct Andreus, quich are to remain yet as of before; and the provision to be by some of their oune members, or otherwise who are licenced to be transported by the General Assembly, or such as. . . . . . . C.]
Forsamekle as be act of Parliament, intitulat Anent the tryall and punischement of the offenses of the aduersaris of the trew religioun presentlie professit within this realme, it is statute and ordanit, That Quhatsomeuir professit and avowit Jesuitis or Seminarie Preistis suld be found in ony parte of this realme, within the space of ane moneth efthir the publicatioun of the said act, quhilk wes deulie publist vpoun the xiiij day of August, the ȝeir of God Im Vc lxxxvij ȝeiris, suld be takin, apprehendit, callit, persewit, and incur the pane of deid and confiscatioun of all thair mouable guidis: And quhaeuir wittinglie or willinglie fuld ressett or supplee ony of thame thairestir, be the space of three dayis and three nychtis togidder, or seneralie at three tymes, vpound certane knaulege that thay ar personis of that professioun, being lauchfullie and ordourlie convict of the same, suld incur the tinsale of thair lyverentis; and that thay, as alswa all sayaris or heiraris of mes, or prophanaris of the sacramentis, or vthiris personis suspect to haue declynnit fra the trew religioun, or refuseing to resorte to the preiching of Godis worde, or quhatsomeuir persone that suld, be ressoning or dispersing of buikis or letter, presume to perswade ony of his Maiesteis subjectis to declyne fra the professioun of the said trew religioun, being callit to compeir and ansuer thairupoun befoir his Hienes and his Preuey Counsaill, in cais the personis swa dilaitit and accused or ony of thame suld be found culpable be his Hienes Preuey Counsaill, or ony fyve of them, (the Chancellair and Clerk of Register being twa of that nowmer,) outher be the confessioun of the saidis personis accused, or be the depositioun of famous witnesses; or giff the saidis personis being callit and adjugeit criminalie, (in cais his Maiestie and Lordis of Secreit Counsaill sall swa think gude,) and wer found culpable and gilty of the premisses, that thay thairthrow suld incur the pane of tinsale of all thair mouable guidis, togidder with the lyverentis of all thair landis and levings quhatsomeuir, to be vptakin and imployit to our Souerane Lordis awne vse, and nawayes dispoint to the personis that fuld be convict, or fugitiue for the caus foirsaid, as the said act of Parliament in the selff proportis. And becaus his Majestie and his Esteatis, qubilkis conuenit at Haliruidhous vpon the xxvij day of Julij, the ȝeir of God Im Vc lxxxviij ȝeiris, perceavit be gude experience the inconuenient that followit throw the default of the nonputting of the same act to dew executioun; and that thairthrow the saidis Jesuitis and Seminarie Preistis disdanit his Mainesties said act, and continewit in seducing and perswading of diuers of his Nobilitie, Baronis, and vthiris his gude subjectis, to declyne fra the said trew and christeane religioun, and to practize the alteratioun and trouble of his Hienes Estate: Thairfoir be one vthir act and ordinance maid be his Majestie, his saidis Nobilitie, Counsell, and Esteatis, quhilikis conuenit the said xxvij day of Julij, certane personis specialie expressit thairin wer nominat, electit and constitute his Hienes Commissionaris and Iusticeis in that parte within the boundis of the Schirefdomes, Stewartis, Bailliereis and Citeis vndirementionat: Likeas to thame coniunctlie and seueralie, within the boundis specialie limitat to thame, wer gevin his Hienes full pouer and commissioun, all and findrie jesuitis and Seminarie Preistis, as, namelie, Mr James Gordoun, fader brouthir to the Erll of Huntley, Maister Edmond Hay, brouther to the Gudeman of Meginche, Maister Williame Creichtoun, Maister Alexander Mcquhirry, Gilbert Broun, Sumtyme Abbot of Newabbay, M. Mark Ker, sone to Robert Ker, eldair, burges of Edinburgh, and vthiris of that prosessioun, in cais thay suld nocht depairt fuithr of this realme, and entir thame felffis to the Prouest of Edinburgh, to have bene lugeit quhill occasioun seruit to transporte thame according to the proclamatioun publist to that effect; and als all and findrie his Hienes rebellis remaining at the horne for slauchter, or sic vtheris odious crymeis, and all formaris, brigandis, and maisterfull vagaboundis, To pas, serche, seik, tak and apprehend, and outher to bring and present thame befoir the Justice and his Deputis in the Tolbuith of Edinburgh; or then the saidis Commissionaris and Justices thame selffis to putt the saidis Jusutis and Seminarie Preistis, and vtheris aboue writtin to the knaulege of ane Assise for thair saidis wicked and vnlauchfull practizes, and attemptatis, and contemptuus dissobeying and contravening of the lawis and actis of Parliament, and vthiris crymes committit be thame; and as they suld be foundin culpable or innocent, to minister iustice vpoun thame conforme to the lawis and consuetude of this realme; courte or courtis to this effect to sett, begin, afferme, hald and continew; Deputis vndir thame, with clerkis, seriandis, dempstairs, and all vtheris officeris and memberis of courte neidfull to mak, creat, substitute, and ordane; Assisses ane or me to that effect, ilk persone vndir the pane of ffourty pundis, to summond, warne, cheis, and caus be sworne; vnlawis, amerchiaments and eschettis of the saidis Courtis to ask, list and rais; and for the same, giff neid beis, to poind and distrenzie; compt, rekning and payment to his Maiestie and his Thesaurair in his name in the Chekker to mak, quhairin the necessair expensses to be maid in the executioun of the said Commissioun is appointed to be defeased and allowit. And in cais the saidis Jesuitis and Seminarie Preistis, and vthiris abouespecifeit, sal happin to flee to housses or strenthis, to assege and persew thame thairin, rais fyre, and vse all force, and weirlyke ingyne for recouerie thairof; and giff it sal happin ony of thame, or ony assisting and councurring with thame, to be hurte, slane, or mutilat, or ony wrak, distructioun of housses or guidis to be done; the same to be imputt for na cryme nor offens to the saidis Iusticeis and Commissionaris, or personis assisting thame in the executioun heirof; nor thay nor name of thame to be callit or accused for the same criminalie nor ciuilie be ony maner of way in tyme cuming; exonering thame of all actioun and cryme that may be moved and intendit agains thame or ony of thame for the same; and dischargeing all his Hienes Iugeis and Ministeris of his lawis off all calling, accuseing, vnlawing, or ony wayes pleding agains thame thairfoir, and of thair officeris in that parte for euir. Mairouer with power to the saids Iusticeis and Commissionaris to inquire quhat feidis or variance standis betuix ony parteis inhabitantis within the shyris and boundis appointit to thame, and quha wes the maist able and indifferent friends to be imployit for componing and awaytaking thairof, and to require and command thame to travell to that effect; and the personis standing at variance to submitt thame selffis to the moderatioun and arbitriment of the saidis indifferent freindis, according to the effect and meaning of the generall Band subscriuit be his Hienes and diuers of his Esteatis; or, in cais of resuse or delay, to certifie the same to his Maiestie and his Counsaill with all conuenient expeditioun, that sic further ordour mycht be tane thairanent as appertenit; and to move certane of the maist worthy and zealous personis in euery parochin to tak vpoun thame the commissioun for executioun of the act of Parliament maid for pvnishement of strang and idill beggaris, and releiff of the pure and impotent. As alswa ordanit and commandit the saidis Commissionaris and Iusticeis to proclame and caus mak wapponshawingis of all sensible personis in the boundis particularlie limitat to thame; and to charge thame to convene in armes at all occasiouns neidfull, for defens of the cuntrey, and resisting of all outward and domestick invasioun tending to the dangeir of the professouris of Goddis trew religioun, or troubling of the commoun quietnes of this realme: And forder to charge and require all his Hienes gude subiectis to concur and assist thame in the executioun of the premisses, vndir the panes contenit in the actis of Parliament; and forder vndir the pane to be repute, haldin, estemit and persewit as hinderaris of his Hienes seruice, and arte and pairt takaris with the foirsaidis rebellious and dissobedient personis in thair vngodsie and wicked deidis: And that the saidis Commissionaris and Iusticeis do thair exact diligence for executioun of the premisses, as thay and euery ane of thame will ansuer to his Maiestie vpoun thair obedience, at thair vttermost charge and perrell; and forder vndir the pane of ane thowsand pundis to be payit be euery ane of thame that salbe found remisse or negligent heirin, as the said act of Secreit Counsaill of the date foirsaid at mair lenth proportis: Quhillk, with the said act of Parliament, and vtheris actis, ordinanceis, and commisionis, past and gevin for executing of the same actis aganis the saidis Jesuitis, Seminarie Preistis, Papistis, and excommunicat personis, the saidis Lordis of Secreit Counsale, in oure Souerane Lordis name, ratifeis and approvis, and ordanis the same to be putt to forder executioun in all pointis, conforme to the tennour thairof, with sic expeditioun as conuenientlie may be. And becaus thair is certane of the Noblemen, Baronis, and vtheris, expressit Commissionaris in the said act of Secreit Counsaill, maid vpoun the said xxvij day of Junij ffourescoir sevin ȝeiris, that, sen the making thairof, ar depairtit this lyffe, vtheris diseasit in thair bodyis, and sum absent furth of the realme, and in vtheris partis fer distant fra the boundis within the quhilk commissioun wes gevin to thame, be ressoun of thair residence thairin for the tyme, swa that at this present they may nocht conuenientlie vse and execute the said commissioun with fic expeditioun as is requisite: Thairfoir the saidis Lordis of Secreit Counsaill, at the humble and eirnist desire of the Generall Assembly of the Kirk presentlie conuenit, hes thocht gude, concludit and ordanit, That the said commissioun and actis foirsaidis salbe putt in dew and full executioun be the personis respective estir following, gevin in be thame in roll, within the burrowis, schirefdomis, stewartreis, and bailliereis, particularlie vndirmentionat, thay ar to say, the Prouestis and Baillies of euery citie and burgh, Iusticeis and Commissionaris within the selff and liberteis of the same: And for the cuntrey to landwart, Robert Erll of Orknay, within the boundis of the schiresdome of Orknay; George Erll of Caithnes, Coline Mckanzie of Kintaill, Thomas Frasair of Kinkky, Andro Monro of Dawachartie, Angus Williamesoun Mcintoshe in Termett, and Johnne Vrquhart, Tutour of Cromarty, within the boundis of the schirefdomis of Inuernes and Cromarty; Johnne Campbell of Caddell, Schireff of Narne, Hucheoun Ros of Kilrawak, and Johnne Hay of Lochloy, within the boundis of the Schirefdome of Narne; James Earll of Murray, Patrick Dunbar, Schireff Wardatair of Elgin and Fores, Robert Innes of that Ilk, Johnne Grant of Frewquhy, James Dunbar of Talbatt, and Dauid Dunbar of Grangehill, within the boundis of the schirefdomis of Elgin and Foress; Williame Erll of Mortoun, Schireff Wardatair of Banff, Alexander Lord Saltoun, and Walter Ogiluy of Findlattir, within the boundis of the schiresdome of Banff; Johnne Maister of Forbes, Williame Forbes of Cors, Alexander Irwing of Drwm, James Crechtoun of Frendrauvht, Alexander Seytoun of Meldrum, Johne Gordoun of Piturg, Williame Keith of Ludquharne, and Williame Turing of Foverne, within the boundis of the Schirefdome of Abirdene; Williame Earll of Angus, George Erll Mairshael, Robert Lord of Altrie, Andro Lord Dingwell, Alexander Stratoun of Laurenstoun, Johnne Strauthachin of Thornetoun, Johnne Wischeart of Pittarro, and Johnne Ramsay of Balmane, within the boundis of the Schiresdome of Kincardin; Johnne Lord Hammiltoun, Thomas Maister of Glammis, Patrick Maister of Gray, Dauid Lindsay of Edzell, James Skrymgeour of Dudop, Constable of Dundee, and George Haliburtoun of Pitcur, within the boundis of the Schirefdome of Forfar; Johnne Erll of Athoill, Duncane Campbell of Glenvrquhy, Thomas Stewart of Garntully, Alexander Blair of Bathiock, Williame Moncreiff of that ilk, and Patrick, Ogiluy of Inchemartine, within the boundis of the Schirefdome of Perth, Stermonth, and Dunkell; Johnne Murray of Tullibardin, Johnne Striuiling of Keir, and Mr Johnne Halden of Glennegeis, within the boundis of the stewartreis of Stratharne and Menteith, and diocie of Dunblane; Williame Erll of Mortoun, Alexander Commendatair of Culrois, Williame Menteith of Kers, and Robert Bruce of Clackmannane, within the boundis of the schirefdomis of Clakmannane and Kinros; Andro Earll of Rothes, Schireff of Fyffe, James Lord Lindsay of the Byris, Mr Williame Lundy of that ilk, Andro Wode of Largo, and Mr Dauid Carnegy of Culluthy, within the boundis of the schiresdome of Fyffe; Johnne Earll of Mar, Williame Lord Levingstoun, Alexander Forrester of Garden, and Johnne Levingstoun, ȝoungair, of Dunnypace, within the boundis of the Schirefdome of Striuiling; George Dundas of that ilk, Nicol Cornwall of Ballinhard, and Dauid Dundas of Preistisinche, within the boundis of the Schirefdome of Lynlythqw; Archibald Naper of Marchinstoun, Robert Fairlie of Braid, and Patrick Monypenny of Pilrig, within the boundis of the schirefdome of Edenburgh; Williame Earll of Angus, Francis Erll Bothuile, William Lord Hay of ȝester, Schir Johnne Maitland of Thirlstane, Knycht, Chancellair, and Alexander Hwme of Northbernik, within the boundis of the Constabularie of Hadingtoun and Dunbar; Schir James Hwme of Coldenknowis, Knycht, George Hume of Weddirburne, Alexander Hwme of Huttounhall, Patrick Hwme appeirand of Aytoun, Patrick Cokburne, Tutour of Langtoun, James Seytoun of Tullibody, and Mr Thomas Cranstoun of Moreistoun, within the boundis of the schiresdome of Beruik or Mers; Williame Ker of Cessurde, Walter Scott of Branxholeme, George Douglas of Bonjedburgh, Johnne Cranstoun of that ilk, and Andro Ker of Fadounsyde, within the boundis of the Schirefdome of Roxburgh or Teuiotdaill; William Lord Hay of ȝester, Johnne Stewart of Tracquair, Williame Tueday of Drummelzeair, and Patrick Murray of Fawlahill, within the boundis of the schiresdomis of Selkirk and Peblis; Johnne Lord Hammilitoun, Williame Erll of Angus, James Lord Someruile, James Maxwell of Calderwode, Johne Stewart of Mynto, and James Hammiltoun of Libbertoun, within the boundis of the schirefdome of Lanerk or Cliddisdale; Ludouik Duke of Lennox, James Erll of Glencairne, Robert Lord Sempill, George Buchquhanne of that ilk, Johnne Schaw of Grenok, Williame Edmonstoun of Duntreith, and Vmphre Colhoun of Luss, Within the boundis of the Lennox and Schiresdome of Renfrew; Robert Maister of Eglintoun, Thomas Lord Boyd, Johnne Blair of that ilk, and Thomas Craufurde of Jordanehill, within the boundis of the baillierie of Cunynghame; Hew Campbell of Teirinyeane, John Wallace of Cragy, Andro Lord Vehiltrie, and Williame Craufurde of Leifnoreis, within the boundis of the baillierie of Kyle; Thomas Kennedy of Blair quhan, Thomas Kennedy of Bargany, and Johnne Cathcart of Carltoun, within the boundis of the baillierie of Carick; Alexander Stewart of Garleis, Vthrid Mcdouell of Garthland, and Schir Patrick Vans of Bernbarrauch, within the boundis of the schiresdome of Wigtoun; Johnne Gordoun of Lochinvar, Thomas Mcclellane of Bombie, and James Lidderdale of Sanct Marie Ile, within the boundis of the stewartrie of Kirkcudbrycht; Johnne Lord Hammiltoun, James Douglas of Torthorwald, and Roger Greirsoun of Lag, within the boundis of the schiresdome of Drumfreis; Robert Lord Sanquhair, James Douglas of Drumlangrig, and Roger Kirkpatrick of Closburne, within the Sanquhair or ovir pairt of Nythisdale; James Johnstoun of Dunskelly, Charlis Murray of Cokpule, and Robert Johnnstoun, Laird of Newby, within the boundis of the Stewartrie of Annanderdale; Archibald Erll of Ergyle, and his Curatouris, within the boundis of the schiresdome of Ergyle; Angus Mcconceill of Dunnyveg and Glennis, Lauchlane Mcclayne of Dowart, Donald Mcconeill Gorme of Slaitt, and Donald Mccloid of Harris, within the boundis of the His.
Attoure the saidis Lordis of Secreit Counsaill, heiring findrie brwtis and rumouris alsweill of foreyne as intestine plattis and preparationis for the trouble of the trew and christeane religioun presentlie professit within this realme, and perrelling of the Kings Maiesteis estate and standing, depending thairvpon, baith having the same selff friendis and commoun enemeyis, subject to the like event of standing and decay, hes thocht meit for the preventing of the dangeir threatned heirby, asweill to the ane as to the vther, That first of all, the godlie and weill affected personis, his Maiesties gude subiectis, salbe knawne and decernit fra thame that ar of a contrair dispositioune: And to that effect the saidis lordis hes given and grantit, and be thir presentis gevis and grantis full power and commissioun, express bidding and charge, to the personis vnderwritten euery ane of thame within the boundis particularlie limitat to thame, as followis, Thomas Swyntoun, Hary Coluill, and Johnne Dunnone, within the boundis of the Schiresdome of Orknay; Maister William Paip, Maister Robert Innes, William Gray, Youngair, Mr Johnne Robertsoun, Mr George Monro, Mr Robert Williamesoun, and Mr Thomas Houesoun, within the boundis of schiresdomis of Inuernes and Cromarty; Mr Robert Rait, within the boundis of the schiresdome of Narne; Mr Johnne Keith, Minister at Duffus, Mr Williame Douglas, Minister at Elgin, and Mr Johnne Forrester, Minister at Fores, within the boundis of the schiresdomis of Elgin and Fores; Mr Williame Strauchathin, Mr James Duff, and Mr George Nicolsoun, within the boundis of the schiresdome of Banss; Mr Petir Blackburne, Johnne Strauchathin, James Reid, and Abraham Sibbald, within the boundis of the schiresdome of Abirdene; Mr Andro Myln, Maister Williame Lesk, and Mr Alexander Arbuthnot, within the boundis of the schiresdome of Kincardin; Maister James Meluill, Mr Paul Frasair, William Crystesoun, Mr James Nicolsoun, Mr Henry Guthrie, Mr Henry Duncane, Johnne Foullartoun, and Mr Thomas Ramsay, within the boundis of the schirefdome of Forfair; Mr William Glass, Mr William Rynd, Alexander Young, Mr Archibald Moncreiff, and Mr William Row, within the boundis of the schiresdome of Perth, Stormonth and Dunkeld; Mr Andro Young, Mr Williame Striueling, and Alexander Fergy, within the boundis of the stewartreis of Stratharne and Menteith and diocie of Dunblane; Johnne Dykis, Robert Rait, and Mr Alexander Wallace, within the boundis of the schiresdomis of Clakmannane and Kinross; Mr Thomas Buchquhannane, Mr Andro Moncreiff, Mr James Meluill, and Mr Adam Michell, within the boundis of the schiresdome of Fyfe; Johnne Dunkesoun, Mr Alexander Levingstoun, and Andro Forrester, within the boundis of the schiresdome of Striuiling; Patrick Kenloquhy, Mr James Law, and Mr Robert Coluill, within the boundis of the schiresdome of Linlythqw; Mr Robert Bruce, Mr Patrick Simsoun, and Mr Michael Cranstoun, within the boundis of the schiresdome of Edinburgh; Mr Adam Johnstoun, Johnne Hereis, and James Gibsoun, within Dalketh; William Sandirsoun, Mr Cuthbert Boncle, Mr Thomas Mc ghee, and Mr James Carmichael, within the constabularie of Hadingtoun and Dunbar; Dauid Hwme, Johnne Clappertoun, and Robert Frenshe, within the schiresdome of Beruik or the Mers; Mr Andro Clayhillis, Mr William Auchmowty, George Johnnestoun, Williame Balfour, and Mr Johnne Knox, within the schiresdome of Roxburgh or Teviotdaill; Mr Archibald Douglas, Minister at Peblis, Mr Johnne Welshe, Minister at Selkirk, and Williame Sandirsoun, Minister at Innerlethine, within the boundis of the Forrest and Tueddale; Mr Johnne Dauidsoun, Mr Robert Lindsay, and Mr Andro Hay, within the boundis of Cliddisdale or Lanerk; Mr Thomas Jak, Mr Andro Knox, and Mr Patrick Walkinshaw, within the boundis of the Lennox and Renfrew; Mr Alexander Skrymgeour, Mr Alexander Wratoun, and Mr Robert Wilky, within the baillierie of Cunynghame; Johnne Portarfeild, Mr Johnne Inglis, and Mr Petir Primrois, within the baillerie of Kyle; Johnne Mccorne, and Williame Young, within the schiresdome of Carrik; Mr Niniane Mcclennoquhen, and Johnne Young, within the schiresdome of Wigtoun; Mr James Hammiltoun, and Mr Dauid Blyth, within the stewartrie of Kirkcudbricht; Mr Hew Foullartoun, and Mr Williame Thomesoun, within the schiresdome of Drumsreis; Mr James Brysoun, and Johnne Foullartoun, within the Sanquhair or ovir pairt of Nythisdaill; Alexander Gardner, within Annanderdale; Mr Neill Campbell, Bishop of Ergile, within the schiresdome of Ergyle; all and sindrie Errlis, Lordis, Baronis, freehaldaris, gentilmen, inhabitantis of Burrowis, and vtheris his Hienes legis quhatsomeuir, off quhat rank and degree that euir thay be of, to call and convene befoir the saidis Ministeris, be thair missiue letters or messingeris, at quhatsumeuir placeis and dayis thay fall think expendient; and thair require thame to giff the consessioun of thair faith, togidder with thair subscriptionis thairto, and to the generall Band maid and subscriuit alreddy be his Hienes and certane of his Esteatis, twicheing the mantenance and defens of the said trew religioun, his Maiesteis persone and estate, and withstanding of all sorryne preparations and forceis tending to the trouble thairof: And in cais ony personis fwa requirit dissobey, that the Ministeris of Godis worde proceid to admonititiois; and finding thame obstinat, caus the censures of the Kirk be vsed aganis thame, as enemeyis to God, his Maiestie, and the commoun wele of this thair natiue cuntrey: And that the saidis Ministeris crave the concurrence of the Noblemen, Baronis, and Gentilmen, within the boundis particularlie aboue writtin, for the better executioun of the premisses: And that letteris be direct to mak publicatioun heirof, be oppin proclamatioun, at the mercat croceis of the heid burrowis of this realme, and vtheris placeis neidfull, quhairthrow nane pretend ignorance of the same: As alswa to command and charge the Noblemen, Barronis, Ministeris, and vtheris foirsaidis, to accept vpoun thame the commissioun gevin to euery ane of thame in maner particularlie aboue mentionat; and to reporte thair diligence tuicheing the executioun thairof to the Clerk of his Hienes Secreit Counsale, betuix and the twentie day of May nixt to cum, vndir the pane of rebellioun and putting of thame to the horne; with certificatioun to thame and thay failzie, thay salbe denunceit rebellis and putt to the horne; and all thair mouable guidis esheit and inbrocht to his Maiesties vse for thair contemptioun: And siclike, to command and charge all and sindrie his Hienes legis, to reddilie ansuer, intend and obey, concur, fortiifie and assist the saidis Commissionaris in the executioun of the premisses; and to do nor attempt na thing to thair hinderance; as thay and ilk ane of thame will ansuer to his Hienes vpoun thair obedience and allegeance, and vndir all hiest pane, cryme and offens that they may committ and inrin aganis his Maiestie in that behalff. R. S. C.]
[The copy of the Band touching the maintainance of the true religion, the Kings Majesties person, and estate severaly, to be subscribed be all Noblemen, Barrons, Gentlemen, and others, according to the tenour of the act of the Secret Counsell, and Commissions their contained.
We undersubseriving, considering the strait linke of conjunction betuixt the true and Christian religion presently professed within this our realme, and Soveraing Lords estate and standing, haveing both the self same friends and common enemies, and subject to like event of standing and decay, and weighing therewith all the imminent dangers threatned to the said religion, as well by forraigne preparations for prosecution of that detestable conspiracie against Christ and his Evangell, called the holy league, as by out ward and intestine practises of the favourers and supports thereof amongst ourselves, who now animated be the reporte of forraigne pouers repairing to this realme, beginne more plainly to utter and profess their long conceved evill meaning to the truth, and consequently to the standing of his Majestie, our Soveraigne Lord, whom they have found and tryed to be a constant inflexible professour of the same, the preservatione whereof being dearer to us nor whatsoever we have dearst in this life; and finding in his Majestie a most christian and honorable resolutione to manifest himselfe unto the world that zealous and religious Prince quhich he hath hitherto professed, and to employ the means and pouer that God hath putt into his hands, as well to the withstanding of whatsoever forraigne forces shall mean within this island, for alteration of the said religion, or endangering of the present estate, as to the repressing of inward enemies therto among ourselves, linked with them in the said antichristian league and confederacie; Have therefore, in presence of the Almighty God, and with his Majestie authorizing an allouance, faithfullie promised, and solemnly sworne, likeas hereby we faithfully and solemnly swear and promise, to take a true, effald and plain parte with his Majestie amongst ourselves, for diverting of the present danger threatned to the said religion, and his Majesties estate and standing depending thereupon, be whatsomever forces, or intesting plotts, or preparations; and to that effect faithfullie, and that upon our truthes and honours, bind and oblidge us to others, to conveen and assemble ourselves publickly with our friends, in armes, or in quiet maner, at such times and places, as we shall be required by his Majesties proclamatiouns, or be writte or messenger directed to us from his Majesty, or any having pouer from him; and being conveened and assembled, to joyne with the whole forces of our friends and favourers against whatsoever forraigne or intestine pouer, or papists and their partakers, shall arrive, or arise within this island or any parte thereof, ready to desend or persue as we shall be authorized and conducted be his Majestie, or any other having his pouer and commission, to joyne and hold hand to the execution of whatsomever mean or order shall be thought meet be his Majesty and his Counsell, for the suppressing of Papists, promotion of the true religion, and settling of his Highnes estate, and obedience in all the countries and corners of this realme, to expone and hazard our lives, lands, and goods, and whatsoever mean God hath lent us, in the defence of the said true and christian religion, and his Majesties person and estate, against whatsomever Jesuits, and Seminary or Messe Priests, condemned enemies to God and his Majestie, to their utter wracke and extermination, according to the pouer granted unto us by his Highness proclamations, and acts of Parliament; to try, search, and seek out all excommunicats, practisers, and others papists whatsomever, within our bounds and shires where we keep residence, delate them to his Highness and his Privie Counsell, and conforme us to such directions, as, from time to time, we shall receve from his Majesty and his Counsell in their behalses; and specially so many of us as presently are, or hereafter shall be appointed Commissioners in every shire, shall follow, persue, and travell, by all means possible, to take and apprehend all such papists, apostats, and excommunicats, as we shall receive in write from his Majesty; and we the rement within that shire, shall assist and concurre with the said Commissioners, with our whole friends and forces to that effect, without respect of any person whatsoever; and generally to assist, in the mean time, and defend every one of us another, in all and in whatsoever querrels, actions, debaites, moved or to be moved against us or any of us upon action of the present Band, and other causes depending thereupon; and joyne in defence and persute against whatsoever shall offer or intend any injurie or revenge against any one of them for the premisses, and making his cause and part that is pursued, all our partes, notwithstanding whatsoever privie grudge or displeasure standing betuixt any of us, which shall be no impediment or hinder to our said effauld joyning in the said common cause, but to lye over and be misknoune till they be orderly removed and taken away be the order under specifyed; to which time we, for the better furtherance of the said cause and service, have assured, and by the tenour hereof, every one of us taking the burthen on us for ourselves and all that we may lett, assure each other to be uhurt, unharmed or in any wise to be invaded be us or any of our forsaids, for old feed or neu, otherwise nor be the ordenarie course of law and justice; naither shall we nor any of our forsaids make any provocation of tumult, trouble or displeasure to others in any sort, as we shall answer to God, and upon our honours and fidelity to his Majesty; and for our further and more hearty union in this service, we are content, and consent, that all and whatsoever feeds and variances fallin, or that may fall out betuixt us, be, within four dayes after the date hereof, amicabilie referred and submitted to seven or five indifferent friends chosen be his Majesty of our whole number, and by their moderation and arbitrament componed and taken away; and finaly, that we shall neither directly nor indirectly separat nor withdrau us from the union and fellouship of the remnant be whatsoever suggestion or privit advice, or be whatsoever incident regard or stay such resolution as by common deliberation shall be taken in the premisses, as we shall answer to God upon our consciences, and to the world upon our truth and honours, and under the pain to be esteemed traitors to God and to his Majesty, and to have lost all honour, credit, and estimation in time coming; in wittnesse whereof his Majesty in token of his approbation and protection promised to us in the premisses, and we by his authorizing and allouance foresaid have subscribed thir presents with our hands. C.]