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.XCIV.
The Generall Assemblie of the Kirk of Scotland conveinit at Edenburgh, the 7 day of May 1594 ȝeirs.
Exhortatioun beand made be Mr David Lindesay, last Moderatour, the Assemblie proceidit to the electioun of ane new Moderatour; and appointing the leits, Mrs Andro Melvill, Patrick Galloway, Patrick Simsone, 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 considderit be the Kirk, it was concludit that no brother having commissioun 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 quihill the end therof, ordaines the Register to be considderit, quhat hes bein statute already, and to report afternoone.
Sessio 3a. Eodem die.
Anent the citatioun of James Drummound, Oliver ȝong, James Adie, Johne Reid, Patrick Justice, William Hall, indwellars of Perth, at the instance 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; alwayes befor the comeing of the charge, the greatest part of the towne had condifcendit 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 conserre with them, and reentring, 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 prosest publicklie within this realme, and to resist the enemies and adversaries thereof 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 prosessioun they gave in wryte, and subserivit the samein with thair hands, so many as could wryte, in presence of the haill Kirk; quherwith the brethren standing content, ordainit the Minister of the towne of Perth to publisch the samein in pulpitt, and to declare the satisfactioun of the Assemblie theranent; ordaining also the actis concerning this offence, registrat in the bookes of the Presbitrie, and processe deduceit therin against the towne, to be obliterat and put out of the Register.
Sessio 4a. 9 Maij.
Anent the sentence of excommunicatioun pronouncit be the brethren of the Synodall Assemblie of Fyfe [in October,] 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 same; 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 consideratioun of his Majesties indevore and of the haill Kirks forder in this matter; quherin, first, sindrie of his Majesties good ettlings were laid down, speciallie 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 traffickers.
Sicklyke diverse Barrons callit in be his Majestie to cognosce the same to be thair hand wrytes of the blankes subserivit be the apostate Lords, quho verified the samein to be thair hand wrytes.
Item, After his returning from the said raid, ane act of Counsell made, that nane 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 considderit in this, that Commissioners from the Assemblie had proponit articles to the Parliament for forfaultour of the apostat Earles; that petitions were directit from a Convention of Ministers and Barons holdin in Edinburgh, to the King when he was at Jedbrught, and again 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 Act above specified, [ordained to be registred in the Books of the Assemblie. C.]
We, Noblemen, Barrons, and vthers, vndersubseryveand, being fullie and certainelie perswadit of the treasonable practises and conspiracies of sundrie his Hienes vnnaturall and vnthankfull subjects against the estate of the true religioun presentlie profest within this realme, his Majesties person, crowne, and libertie of this our native countrey, and finding his Majesties good dispositioun to prevent and resist 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 ȝeale aught to Gods glory, love of our native countrey, and affectioun to his Majesties person, crowne, and estate, we have promittit, and be thir presents 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 slaverie 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 subiects, 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, sall 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 vther wayes, and sall never shrink nor absent ourselves for any particular cause or quarrell amongst ourselves: We sall not ryde, assist, shew favour, give counsell to [nor take part with] the saids Erlis, Jesuites, nor vthers forsaids, nor ȝet with the persons de nuncit, or that salbe denuncit to the horne, or declarit fugitives fra his Majesties [lawes,] for the treasonable fyre raising and burning of the place of Dunibirsle, and murther of vmquhile James Erle of Murray, and neither receipt, supplie, nor intertaine them, nor ȝet 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 sall not conceale, but disclose and imped the same to our vtter powers; the quarrell or persute of vs or any of vs we sall esteime, 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 ane in the defence of vthers to our vtter powers; and in cace any variance sall happin to fall out amongst any of vs, for quhatsumevir cause, we sall 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 quhatsomevir salbe declarit be them but reclamatioun or contradictioun.
Attour his Majestie, be whose directioun and command, with advyce of his Counsell, ther is certaine Barrons and vthers Gentlemen directit 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 sall not be licentiat to returne home againe to the saids north parts; neither sall any favour be grantit to the saids Erles, Jesuits, nor vtheris above mentionat, nor [no] ordour tane nor dispencit with, without the speciall knowledge and advyce of the Livetennant and Commissioner for the tyme, and sixe 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 Noblemen, Barrons, and vthers forsaid, hes sworne and swears be the great God our Creatour, Jesus Chryst his Sonne our Redeimer, the Holie Ghost our Sanctifier, witnesses of the veritie heir aggried vpon, and revengers of the breake therof; and farder obleishes vs heirto vnder the paine of perjurie, infamie, and tinsell 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 defectioun 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.
[The names of these that suberived the Band anent the Religion, at Aberdeen, March 1592.
[Apud Halirudhous quinto die mensis Januarij. Annojmvc lxxxxijo.
Forsamekill as albeit the dangerous effectis of the couerit and bissy trauellis of Jesuitis, Seminarie Preistis, born subiectis of this realme, and sum vthiris Strangearis, thir late zeiris hes bene oft efpyit and fearit, and for that caus, be findrie louable lawis, actis, and proclamationis, alswele thair awin remaining as thair ressett, prohibite vnder diuers heich panes; ȝit thair cullourit fimplicitie and entisementis hes sa fer preuaillit as thay haue nocht onlie purchest to thame selffis fauour and credite to be keipit, huirdit, and intertenyit in sindrie pairtis of the realme, eftir mony promisses maid that thay sould haue departit furth of the same, but als thay haue tane occasioun and lasure to perswade sindrie of his Hienes subiectis to apostacie frome that religioun quhairin thay wer fosterit, weill instructit and groundit, and hes consermit vthiris in thair errouris, and at last seduceit thame to cast of thair dew obediens quhilk they aw to his Maiestie, and entir in tressounable conspiracie for inbringing of strangearis Spanȝeartis in this realme, this nixt spring or souner, 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 subiect heireftir to the flauerie and tyrrannie of that proude natioun, quhilk hes maid sic vnlauchfull conqueist in diuers pairtis of the warlde, alswele vpoun Christcanis as Infidellis, quhereuir the ayd of Sapyne hes bene socht; regairding in the end na better thair inbringaris nor thame aganis quhome thay wer inbrocht, being anes victoris and commandaris, as easilie may be provin be speciall examplis, quhilk the malicious and vnnaturall subjects of this realme wald repute bot as generall and improbable discoursis, publist in haitrene of that natioun to quhome thay haue alreddy sauld thame slaveis, and ar thair freindis and factouris in this land as thay speik and write, wer nocht it hes bene the gude plesure of Almightie God to mak the pruffe heirof certance and without all doubt, be detecting of the simple trouth of the intentioun and finall caus of all the craftie practizes 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, ȝea 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 faill: Quhairby his Maiestie is now not onlie sufficientlie foirwarnit of the eminent dangeir to trew religioun, his awne estate and persone, his realme and faithfull subiectis, bot resoluit with Godis help, be quhais Prouidence he hes bene sa wounderfullie delyuerit fra mony former perrellis, to try the full circumstanceis of this sa heich a conspiracie and detestable tressoun, to withstand it, and pvnishe the same on all gilty thairof, in example to the posteritie; and that nane of his subiectis heirtofoir abusit and dissavit 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 direct to officeris of armes, Schireffis 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 selffis to be ony langer led in errour be sic dissavable spirittis, to the perrell of thair faulis, bodyis, landis, and guidis; and therfoir to abstene frome forder harkenning to thair tressounable perswasionis, and frome all intertenyng, ressett, supplee, intercommoning, or haueing intelligence with thame, directlie or indirectlie, vndir quhatsumeuir pretext or cullour, vndir the pane of tressoun; commanding alswa all and findrie his Hienes faithfull and obedient subiectis that luissis and feiris God, and wald the standing and weilfair of his Maiestie thair Souerane Lord and King, professing with him the said trew and Christeane religioun, and desyris that thay, thair awne wyffis, bairnis, and posteritie, sould now and heirestir enjoy the commoditeis of this thair natiue cuntrey, vnconqueist and made slaves in saullis and bodyis to merciles strangeris, that thay eirnistlie imploir the mercy and protectioun of Almichtie God for thair defence and sauegaird; and putt thame selffis in armes be all the gude meanis thay can, remaining in full reddynes to persew or defend as thay salbe certifeit be his Maiestie or vthirwayes findis the occasioun vrgent; in the meantyme diligentlie espying and getting intelligence of the tressounable courses and procedingis of the saidis Jesuitis, Seminarie Preistis, and trafficquing Papistis, thair fauoraris, mantenaris and ressettaries, 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 thairvpoun. Reg. Sec. Conc.]
The Generall Assemblie of the Kirk gives commissioun to thair brethren, Mrs Patrick Galloway, the Kings Majesties Minister, Peeter Blackburne, 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 therwithall to present to his Majestie the humble articles and petitiouns of the Assemblie 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.
The dangers quhilks, throw the impunitie of the excommunicat Papists, traffiquers with the Spainyeards and vthers enemies of the religion and estate, are imminent to the true religion prosest 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 practises of the Jesuites, and the malicious, vnnaturall, and treasonable conspiracies 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 countrey to the cruell and merciles Spainȝeards, and were at that tyme discoverit, 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 Spainyeard, quho, with so great preparatioun in the 88 ȝeir, interprysed the conqueisch of this yle, remaines as yet 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 excommunicats 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 towards them in pardoning thair foirsaids treasons, declares that thair malicious and restles ingynes in the prosecuting of thair vnnaturall conspiracies agains the religioun and countrey, cannot leave [off] 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 insistit to declare to his Majestie and Counsell, and Estates, the dangers evident for the tyme, and to crave convenient remedies thervnto, ȝet in effect nothing hes bein obtained thervnto, notwithstanding quhatsomevir promises, actis, proclamations, readis &c.; quherthrow they have bein alwayes put in great securitie, and takes libertie and boldnes of farther practises and attempts.
Fourthlie, Notwithstanding it was expresslie provydit be act of Counsell, that none sould presume to traffique or speake in favour of the saids excommunicats, vnder the paine of tinsell of thair offices; ȝet now they are advancit in greater credit of his Majestie, that have bein knowin to be thair cheifest favourers; and they cease not ȝet, contrair to thair promises, to procure them all favour, sicht 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 ȝong 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 releise, before that his Majestie and the professours of religioun performe any thing in effect in the contrair, or vtherwayes they durst nevir so openlie disclose thair idolatrie.
Sextlie, The refuseing of the act of abolitioun offerit to them be his Majestie, to the great greise of his good subiects, proveth sufficiently the samein; for it is very probable and manifest that they nevir wald have refusit so great a benesite, except they had thought themselves fullie assured of a better, either be favour of Court and assistance within the countrey, or be [concurrance and] aide of strangers without.
Sevinthlie, Thair refuifall to entir in ward, notwithstanding of his Majesties indignatioun, and all that might follow thervpon, proves the sameing.
Auchtlie, The late arriveall of this barke at Montrois evidently shawis, that thair dangerous practises 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 resistit be ane present remedie.
Nynthlie, The oppin conventiouns of the forsaid excommunicat Erles haldin at Brechin and vther places, since the arriveall of the said bark, declares that they esteime thair courses now to be so substantially led, that they regard not quhat [may] be done for resisting of the same.
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 concurreance, quhilk appeirandly they are verie meikle animat to looke for since the arrivall of the said bark.
11. Quheras his Majestie and Estates, at the first discoverie of thair conspiracies, 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 ȝit remaines haill vnremovit, ther is no apprehensioun of any danger, nor earnest care to withstand it: It is evident, that either ther is ane inclinatioun and purpose to cover, extenuat, and beir foorth the evill cause, quherthrow they will not sie; 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, because ther is no cause of feare apprehendit.
Remedies of the Samein.
For remedie of the forsaids dangers, the Assemblie ordaines the Commissioners to deale earnestly with his Majestie, that he may apprehend the perrill, and be movit with ane bent affectioun, to proceid against the foirnamit excommunicats, Papists, traittours, as followis.
At Edenburgh the 10 of May 1594.
The Assemblie gives commissioun to Mrs Patrick Galloway, Robert
Rollock, Patrick Simsone, 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.
Sessio 11a. 13 Maij.
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 sound meitt that ane article be formed to the Parliament, that ane act may proceid from the Estates thereof, ordaining all persons, possessours of the saids lands, to cause labour the samein betuixt and ane certane day appointit therto; vtherwayes, in cace of dissobedience, the saids lands to fall in the Kings hands, to be disponit to such persons as pleases his Majestie, quho will labour the samein.
Sessio 12a. 14 Maij.
Anent the supplicatioun of the Minister and parochiners of Bruntiland, desyreand the Assemblie to allow the act of the Synodall Assemblie of Fyse concerning thair new kirk, in allowing therof to be the paroch kirk: The haill Kirk present being advysit 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 Fyse, and ordaines the said new kirk to be the paroch kirk therof in tyme comeing.
Alexander Lord Homme 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 Fyse, and, as he wald ansuer vpon paine of his salvatioun and damnatioun, simplie to speake the trueth theranent, Protestit and acknowledgit [openlie,] that he was justlie excommunicat, and confest his fault therin: And being inquyrit why he soght not to be relaxit from the said sentence according to the directioun of the Presbitrie of Edenburgh, excusit him be ignorance of that part of the act: As also being accusit, that he detainit the stipend of sundrie 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 act of the Presbitrie 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, ȝet, 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 sen his subseryveing, bot vnderstands not that he was oblisched to remove him quhill the Kirk had proceidit [to] excommunication against him, quhilk he beleives he fought of the Kirk, and beleives that they grantit [it;] alwayes fra he was excommunicat, he removit him out of his companie; and as to Johne Tyrie and Captane Gray, they were not his ser 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 and houre: And last of all, the said Lord consessit in presence of God and his holy angells, quhom he tooke [witnesses,] and the Lord Jesus [Christ] quhom he tooke Judge, quhen he sall 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 subseryvit 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 salbatioun, quherin he mynds to live and die, and sall to the vttermost defend against all the enemies therof; and denyes, as he fall ansuer to the dreadull 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 Assemblie be vphalding of his hand, and be solemne witnessing 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.
Instructiouns to Sir Robert Melvill of Mordocairnie, and Alexander Hoome of Northberwick, Commissioners for his Majestie at the present 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 act 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, according to his Majesties propositioun, and their promise in the last Generall Assemblie haldin at Dundie.
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 Majestie, they should doe it be particular conference with himselse, 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 contraveinit the said act: 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 desire them in his Majesties name, that according to the Synodall censureing of him, they wald judge him as he demerits on the ane 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 prosessioun, as the first opin traitour of their functioun, against ane Christian King of thair [own] religion, and their naturall Soveraigne.
4. That be act of thair Assemblie they will ordaine every particular Minister within thair charge, to disswade, as weill be publick as privat exhortatioun, thair flock committit to thair cure, from concurring with the treasonabill attempts of Bothwell, or any vther traitours, that raises or sall raise themselves up 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 persons, except they sie 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 vtherwayes; that, therefor, they will select ane or two Commissioners of the discreitest and wisest of every principall Presbytrie, and give them commissioun
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, direct and inform quhat
he wald wisch to be done be the haill rest of the Ministrie, as occasioun
sall from time to time be present. Sic subscribitur
Sessio 13a. 14 Maij.
Anent the offence concevit be his Majestie agains a brother callit Johne Ross: The Assembly of the Kirk thocht it expedient that certaine of the godly, discreitest and best learnit men of the Kirk, sould be chosin out, besor quhom that matter sould be first brockin vp and preceiflie handlit, and therafter brocht in publick befor the haill number; and to that effect were chosin Mrs Andro Melvill, James Nicolsone, Robert Bruce, Robert Rollock, Johne Davidsone, Johne Craig, David Lindsay, Patrick Galloway, James Melvill, Walter Balcanquell, Alexander Forbes, James Robertsone, David Fergusone: Quhilk number were ordainit to conveine immediatly after thair ryseing in this house, and so many of the brethren of the Synodall of Striveling as are present, warnit to be ready as they salbe callit for.
Sessio 14a. 15 Maij.
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 although 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 presentlie be the Assemblie; and if he sall heirafter declyne therfra, submitts him in that cace to the Assemblie of the Kirk, hoping he Gods grace, nevir to make defectioun therfra.
The Assemblie, in respect this matter hes bein past be word, hes thoght meitt that certaine conditiouns salbe sett downe in wryte, to be subseryvit be his Lordship; therafter his sute of absolutioun to be considderit.
Sessio 15a. Eodem die.
The Assemblie ordanes ane fast to be keipit within the Presbitrie of Edenburgh, and sick 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, according to the custome quhilk was keipit of befoir, the first day of the Parliament, 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 foirsaid 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 Junij nixt to come, with exhortatiouns and prayers to be keipit betuixt the twa Sondayis on the weik dayes: The causes of the quhilk fast falbe intimat and presentit the morne in wryte be Mrs James Melvill, Patrick Galloway, and James Nicolsone.
The samein day, the conditiouns vnderwrytin being proponit to Alexander Lord Hoome be the Generall Assemblie, to testifie his vnfained repentance, after reiding of the saids articles serverallie: 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 solemne 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, subseryvit the samein with his hand, humblie requyring, in respect of his obedience and repentance, that the Kirk wald relaxe him from the sentence of excommunicatioun pronouncit against him.
The Assemblie, in respect of his repentance shawin, his aith and declaratioun givin ȝesterday, and obedience in subseryveing the saids conditiouns, being satiffied therwith, and hopeing that he sall 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.
Followis the Conditiouns.
1. The Assemblie craves that the said Alexander Lord Hoome ratifie and approve the subscriptioun and aith givin be him to the Confessioun of Faith, at Edenburgh the 22 day of December last, [or subscribe] and sweare againe de novo in face of the haill Assemblie, as salbe thought expedient.
2. That he remove and hald furth of his companie, all Papists and traffiquers agains the true religioun, and quhatsoevir [persouns] salbe 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 failyeing of him, some vther discreit and godlie Minister, be advyce of the Presbitrie of Dunbar; and that he make his familie subiect 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 communicat.
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 Coldinghame, and provyde sufficient livings for Pastours plantit and to be plantit therat [according to the act 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 case he be oblischit therto be law.
7. That he concurre, be his counsell, crydet, and assistance, for manteinance of the true religioun publicklie profest and taught within this realme, with the mantainers therof, agains 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] thame, or shew them favour, directlie 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.
10. That he imploy himselse carefullie to apprehend and present to justice
Mr Alexander McQuhirrie, and all and quhatsumevir Jesuites, [Seminarie
Priests, and traffiqueing Papists, that sall report] 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 professit 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
fact. 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 thame, to be summarlie excommunicat vpon the notoritie of the fact: The Generall Kirk gives libertie to quhatsumevir Presbitrie that sall vnderstand of his contraventioun of the saids conditiouns, to call him, and try him of the said contraventioun, and convict him therof if he be found guiltie; and the convictioun 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 Maij.
According to the ordinance of the Assemblie, the actioun of absolutioun of Alexander Lord Hoome being committit to Mr David Lindsay, exhortatioun being first made, the said Lord was inquyrit, If he was forie in his heart for the fault and offence he had committit, and that he had incurritt the said sentence, and sand 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 sall 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: 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 Maij.
Forsameikle as Mr Andro Hunter, [Minister,] hes desertit his flock, and is fugitive from the lawis, being bruitit and suspectit to have joynit himselfe 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 nixt Assemblie, the haill Assemblie, with advyce of his Hienes Commissioners, hes appointit thair nixt General Assemblie to be at Montrois, the last Tuesday of Junij come ane ȝeir; provyding 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 preveinit.
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 act of Parliament.
As to the second, The act made at Dundie, de novo is ratisied.
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 sentence of absolution pronuncit in favours of my Lord Hoome, from the proces of excommunication led against him.
Sessio 18a Eodem die.
Anent the matter of offence conceivit be his Hienes against Johne Ros, Minister, be occasion of ane sermoun made be him in presence of the Pro 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 judgements 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 doctrine, as it hes bein reportit to his Majestie, quherthrow he might have vttered any kynd of offence; and that the said Assemblie had pronuncit no damnatour sentence against him, bot that they onlie admonishit him vpon such causes and consideratiouns as efter followes:
1. In respect that he delyverit that doctrine at that tyme quhen his Majesties 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 sentence 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 ȝeirs and farther experience: Farther the haill brether, both of the Conference and of the Provinciall 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 quhatsoevir he vtterit, as he deponit before God and [vpon] his conscience, he vttered it out of love, seiking alwayes his Majesties standing, on na preoccupied mynd, prejudgeit opinioun, or troublit affectioun, bot of ane saul alwayes seiking and thristing his Majesties honour and weill in God; and therfor approves his whole doctrine in that point, as it hes bein red and declarit be himselfe, in such heids as hes seimit 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 consideratioun as is befor exprest; onlie anent the sentence touching the House of Guise de futuro, because the haill brethren 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 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 Generall Assemblie, and that the Assemblie at this tyme give farther to the said Johne Ros ane grave and earnest admonitioun, to speake at all tymes reverentlie 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 ȝoung men of the Ministrie, and to the haill Assemblie. Quhilk judgement of the haill brethren being well considderit be the haill Assemblie, after good deliberation, 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 quhatsoevir he vtterit in the doctrine delyverit be him, he vtterit the samein for love to his Majesties weill and standing, of no preoccupied mynd, prejudgeit opinioun, or troublit affectioun, bot of ane saul seikand his Majesties honour and weill in the Lord, haveand neither eye nor respect to his Majesties traitours beand then in armes vpon the fields; ȝet 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,] 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 ȝong men of the Ministrie, and haill Assemblie, in all tyme comeing, to speake so reverentlie 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 admonitioun the said Johne with all humilitie reverenced.
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 at Edenburgh, the 27 day of May 1594, to his Majesties Articles, presentit be his Commillioners.
First, Anent the tyme and place of the Generall [Assemblie:] The samein is appointit be advyce of his Hienes Commissioners present, according to the act of Parliament.
2. The act made be the Generall Assemblie at Dundie, is de novo ratified and approvin. And the particular of Johne Ros resolvit, as his Majestie salbe informit more particularlie be the Commissioners of the Kirk to be direct 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 satisfie 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 concurring 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 religioun, or quhatsoevir false pretext, to receive wages of any persouns without 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.