Acts and Proceedings: 1610, June

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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Citation:

Maitland Club, 'Acts and Proceedings: 1610, June', in Acts and Proceedings of the General Assemblies of the Kirk of Scotland, 1560-1618, (Edinburgh, 1839) pp. 1085-1115. British History Online https://www.british-history.ac.uk/church-scotland-records/acts-proceedings/1560-1618/pp1085-1115 [accessed 24 May 2024].

Maitland Club. "Acts and Proceedings: 1610, June", in Acts and Proceedings of the General Assemblies of the Kirk of Scotland, 1560-1618, (Edinburgh, 1839) 1085-1115. British History Online, accessed May 24, 2024, https://www.british-history.ac.uk/church-scotland-records/acts-proceedings/1560-1618/pp1085-1115.

Maitland Club. "Acts and Proceedings: 1610, June", Acts and Proceedings of the General Assemblies of the Kirk of Scotland, 1560-1618, (Edinburgh, 1839). 1085-1115. British History Online. Web. 24 May 2024, https://www.british-history.ac.uk/church-scotland-records/acts-proceedings/1560-1618/pp1085-1115.

In this section

A.D. M.DC.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.
The Archbishop of Sanct Andrews.
My Lord President.
My Lord Secretarie.

Of The Nobility.

Earles Montrose.
Glencarne.
Cathness.
Wigtoun.
Kinghorne.
Abercorne.
Lothian.
Lords Lindsey.
Scoone.
Blantyre.
Kintail.
Mr of Tillibartine.
Comptroller.
Kilsyth.

Of The Ministery.

Orknay.

Bishop of Orknay.
Robert Stewart.
Mr Patrick Waterstoun.
William Hair.
Mr Andrew Dishingstoun.

Catheness.

Bishop of Cathness.
Mr William Pope.
Thomas Paipe.
James Gray.
Mr Andrew Ogsbwie.

Ross.

Mr George Monro.
Mr Robert Rock.

Murray.

Bishop of Murray.
Mr James Dundas.
Mr Thomas Dundas.
Mr Patrick Dundas.
Mr William Clogie.
Mr Alexander Rauson.
Mr William Reid.

Aberdeen.

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 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 Andrew Ramsay.
Mr James Rait.
Mr Adam Walker.

Brechen.

Bishop of Brechen.
Mr Dugul Campbel.
Mr Andrew Leitch.
Mr Richard Merchestoun.
Mr James Elliot.

Arbroth.

Mr Arthure Futhie.
Mr Patrick Lindsey.
Mr Andrew Drummond.
Mr Henrie Phillip.
Mr John Guthrie.

Dundie.

Mr David Kineir.
Mr Robert Rynd.

Meegle.

Mr Henrie Guthrie.
Mr Alexander Kinninmouth.
Mr David Brown.

Perth.

Mr William Couper.
Mr Archibald Moncreise.

Dunkelden.

Bishop of Dunkelden.
Mr Silvester Ratray.
Mr James Menzies.
Mr Alexander Ireland.

Auchterarder.

Mr James Burdoun.

Stirline.

Bishop of Dumblane.
Mr William Stirline.
Mr William Narne.

Sanct Andrews.

Archbishop of Sanct Andrews.
Mr David Monipennie.
Mr William Murray.
Mr Simeon Durie.

Universitie.

Mr Robert Howie.

Couper.

Mr James Martine.
Mr Robert Buchanan.
Mr John Caldcleugh.
Mr Thomas Douglas.

Kirkaldie.

Mr John Mitchelson.
Mr William Murray.
Mr Alan Lawmonth.

Dumfermline.

Mr James Stewart.
Mr Andrew Forrester.
Mr William Paton.

Edinburgh.

Mr John Hall.
Mr Peter Hewat.
Mr Michael Cranstoun.

Linlithgow.

Mr Robert Cornwal.
Mr Alexander Keith.
Mr Robert Gilmour.
Mr Thomas Peebles.

Dalkeith.

Mr Patrick Tournour.

Handingtoun.

Mr James Carmichael.

Dumbar.

Mr Edward Hepburne.
Mr John Lauder.
Mr Thomas Hepburne.

Peebles.

Mr James Logan.
Mr Robert Levingstoun.

Chirnside.

Mr John Clappertoun

Dunse.

Kelso.

Mr James Knox.
Mr Thomas Storie.
Mr John Balfour.

Glasgow

Archbishop of Glasgow.
Mr Patrick Sharpe.
Mr John Bell of Glasgow.
Mr Andrew Boyd.

Paisley

Mr John Hay.
Mr Archibald Hamiltoun.
Mr William Birstoam.
Mr George Maxwel.

Dumbarton.

Mr Walter Stewart

Hamiltoun.

Mr Thomas Muirhead.
Mr James Hamiltoun.
Mr David Sharp.
Mr John Howison.

Lanerk.

Mr William Birnie.
Mr John Lindsey.
Mr Robert Wilkie.

Air.

Mr Peter Prymrose.
Mr John Makcorne.
Mr William Wallace.

Irwing.

Mr Alexander Scringeour.
Mr Michael Wallace.

Dumfreis.

Mr Thomas Ramsay.
Mr Robert Huntar.
Mr Robert Henrison.
Mr Simeon Johnstoun.

Kirkcudbright.

Bishop of Galloway.
Mr John Aikman.
Mr William Hamiltoun.
Mr Robert Glendinning.
Mr James Donaldson.

Wigtoun.

Mr James Adamson.
Mr John Watson.
Mr George Kinnard.

Argile.

Bishop of Argyle.
Mr John Cameron.
Mr Donald Makilrorie.
Mr Neil Campbell.
Mr John Makcallum.
Mr Nicol Makcalman.

Isles.

Bishop of the Isles.
Mr Patrick Stewart.
Mr Robert Stewart.

Of Barones.

Drumlanrig.
Glenurquhie younger.
Wauchtoun.
Bombie.
Northberwick.
Calderwood.
Balnamoone.
Minto.
Balmaine.
Gairntullie.
Duntreith.
Mr Samuel Cockburne.
Sir George Elpingstoun of Blytswoode.

Of Burrowes

Edinburgh
Edwart Ker
Mungo Makcal
Dundie
Mr William Ferguon
Sanct Andrews
John Knox
Perth
Gawin Dalyel
Aberdeen
Alexander Rutherfurde
Glasgow
James Forsest

Sessio 1a. 8 Junij.

Exhortation being made by James Bishop of Orknay, Moderator of the last Assembly, the Commissioners, after their accustomed manner, proceeded to the election of the Moderator of this present Assembly. The leits being nominat, John Archbishop of Glasgow, Mr Patrick Sharpe, Mr Patrick 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 treading 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 Cathness, 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 Murray Parson of Dysert, the Bishop of Dunkelden, Mr Archibald Moncreise, Mr William Couper, Mr Alexander Ireland, the Bishop of Dumblane, Mr Peter Hewat, Mr John Hall, Mr Michael Cranstoun, Mr Edward Hepburne, Mr Robert Cornwall, Mr James Carmichael, Mr John Clappertoun, 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 perfect order in the discipline of the Kirk in this realme; in the which there were sundrie points, which his Majestie would have reformed; the reformation whereof doth most properly appertain to his Highness, in respect of his royal au thoritie and duty, wherein his Majestie is bound to God Almighty to provide, that the estate of the Kirk within his dominions should be settled as well in Descipline, as in Doctrine, 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 sincerely preached to his Highness subjects; and the discipline of the Kirk, once wisely and discreetly settled, may be inviolably observed in all tymes coming. Thereafter he produced his Majestys 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 subjects, 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 misbehaviour, yea the pride, and often treasonable contempts of some of our subjects 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 intend 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 subsist. And howsoever the singularitie of some did, for a certain space, maintain, either by wilsulness 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 thereof: 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 incurable a canker, being permitted to have had any farther progresse: And, therefore, at that time willing to do things rather by consent, than absolutely out of our royal power and authoritie, (which also is very lawful, and granted to us by God himself,) we thereupon not only assisted 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 sort, for the Fathers of the Church; and have directed order to be taken for the plantation of Churches void: as likewise, in so far as the ecclesiastick jurisdiction 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 suffering that anarchie amongst them to keep so long continuance, should have resolved and concluded, and therewith have become suiters and soliciters unto us, for establishing of that government and rule, which is most sit 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 distraction of minds among yourselves, by which, to your own knowledge, both the common enemie hath increased, and sinne 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 sactious singularitie of others of the meaner rank, (who do perhaps 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 sort 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 manifested, 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 welbeloved Cousine and Counsellour, the Earle of Dumbar, and the right reverend Father our right trustie Counsellour, the Archbishop of Sanct Andrews, (both of whom we have directed as our Commissioners to this present Assembly, and whom we will you credit and trust,) and intending upon their reports to take special notice of every ones affection, and forwardness 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 actions, with the good successe of the business, to Gods good guiding; and bid all of you right heartily farewel.
From our Court at Thetsurde, 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 Conference, 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 Majesty satissaction in that point.

Sessio 3a. 9 Junij, post meridiem.

The which day, the whole Assembly being conveened, the brethren appointed 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 satisfaction 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 selfe, 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 salbe ȝeirlie Generall Assemblies, the indictioun quherof the Assembly acknowledges to appertaine to his Majestie be the prerogative of his royall crowne; and, therefore, the Generall Assemblie most humblie requeists his Majestie, that General Assemblies be haldin once in the zeir; 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 salbe haldin twyse in the ȝeir 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 process being sound 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 salbe sound to have stayit the pronouncing of the sentence against any person that hes merit the same, and against quhom the process hes being lausullie deduceit, the samein being tryit, and he convict in the Generall Assemblie therfor, that advertisement salbe made to his Majestie, to the effect ane vther may be placit in his rowme.

Item, That all presentatiouns be direct heirafter to the Bischop; and vpon any presentatioun givin, or vtherwayes sute made be any to be admittit 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 functioun: and vpon the returne of thair testificat, the Bischop is to take farther tryall; and finding him qualified, and being assisted be such of the Ministrie of the bounds quher he is to serve, as he will assume to himselfe, he is then to persyte the haill act 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, sall sweare obedience to his Majestie, and his Ordinar, according to the forme sett downe in the Conference keipit in the zeir of God 1571 zeirs, quherof the tenour followis.

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 jurisdictioun, power, superioritie, preheminence or authoritie, ecclesiasticall and spirituall, within this realme: And, therfor, I vtterly renunce all forraine Jurisdictiouns, powers, Superiorities, and authorities; and from this furth promiese, I shall and will beare faith and true alledgeance to his Hienes, his aires, and laufull successours; and to my power sall assist and defend all jurisdictiouns, priveledges, presheminencies, 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 salbe 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, sall absent himselfe from the visitation of the Diocesan Assembly, he salbe suspendit from his office and benefice, and, if he amend not, he salbe deprivit.

Item, Exercise of doctrine is to be continowit weeklie among the Ministers 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 sall appoint at the tyme of the Synod.

Item, The Bischops salbe subiect, in all things concerning thair lyfe, conversatioun, office, and benefice, to the censures of the Generall Assemblie; and being found culpable, with his Majesties advyce and consent, to be deprivit.

Item, That no Bischop be electit but quho hes past the age of fourtie yeirs compleit, and quho at the leist hes bein ane actuall teaching Minister for the space of ten ȝeirs.

Quhilks haill Articles being diverse tymes red publicklie in the face of the haill Assemblie conveinit, after votting, the samein was ratified, approvin, 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 Presbyteriall meetings by open Proclamation at Mercat Crosse of Glasgow; and that because he had received a special warrant and command from his Majestie 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 proceedings 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 Majesties hands, that he should be blamesess 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, containing 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 Huntle, &c., bearing in effect, that after long conference and reasoning had in the 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 presently 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 Commissionrsas 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 Commissioner, having declared, in his Majesties, name, his Highness minde anent the absolution of the Marquess of Huntlie from the sentence of Excommunication; and in special, that it should be tried if his Lordship was fully, in heart and conscience, resolved and satisfied in the heeds of Religion, as he had subscribed the same with his hand, to the intent that thereafter 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 Communication thereanent, Giveth, granteth, and committeth their full Commission to the persons after specified, the Archbisops of Sanct 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 of them to passe with his Majesties Commissioners, and the Earles of Montrose, 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 intention to give full satisfaction in all the points and heeds of Religion controverted; 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 Lindsey, or any nine or them, (the Archbishops of Sanct Andrews and Glasgow being alwayes two,) to absolve him from the processe and sentence of Excommunication.

Item, It was humbly regrated in the Assembly, that notwithstanding of many lovable acts and constitutions, as well Ecclesiastical as Civil, alreadie made and enacted for repressing the disorder and insolence of professed and excommunicat Papists; yet neverthelesse they doe still remain in their former obstinacie and disobedience; proceeding doubtlesse upon the impunitie which they do enjoy, and oversight whereby they are suffered to have free passage and accesse in all parts of the countrey, as if they were not excommunicat: 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 practies 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 subject throught 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 erroneous doctrines; 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 be debarring of them and their favourers from his Majesties presence, his Majestie, by the grace and protection of God Almightly, may be preserved in safety, to the advancement of the glory of God, establishing of the true peace of the Kirk within his Majesties dominions, and comfort and tranquilitie of his Highness subjects, whose wealth and prosperitie in this earth, under God, they acknowledge to confift in his Majesties preservation.

Sessio 5a. 11 Junij, post meridiem. C.]

Forsameikle as in this present Assemblie it is alreadie statute, that the Exercises salbe moderatit be the Bishops in the meitings of the Ministrie, if they be present, or then be any vther quhom they sall appoint at the tyme of the Synod: and because the nixt Synod is not to be haldin befor the moneth of October nixt to come; therefor, it is ordainit, that in absence of the Bischop, the constant Moderatours sall remaine in thair awin places quhill the nixt Synod be halden in October.

Item, Because it is vncivill that laws and constitutions, either Civill or Ecclesiasticall, being anes establischit and in force, by publick and opin consent, sould be controllit and callit in questioun by any person: therefore, 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 acts of this present Assemblie, nor dissorbey the same, vnder the paine of deprivatioun, being tryit and convict therof; and speciallie, 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 Commissioners present intimat this act in the first meeting of thair exercises.

[Item, It is statute and ordained by the whole Assemblie, that the celebration, 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 samine shall be required: and ordaineth that the same be performed with all christian modestie, and without all disorder.

Item, Because through sundrie parts within this realme, as well in the highlands and borders, and in the mid countrey and best inhabited and peopled land, there be many Kirks lying destitute of a Pastor and preaching of the Word, to the great discomfort of the people, whose soules are thereby frustrated of the ordinarie food of the Word of God, which proceeds 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 provision made to the Ministers of the Kirks of the benefice: or if they be accepted, 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 remeed whereof it is thought expedient, that the brethren after specified, viz. the Archbishops of Sanct Andrews and Glasgow, the Bishops of Orknay, 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 direct 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.]

Extractit furth of the Register of the Acts of the Generall Assemblie be Mr Thomas Nicolsone, Commissar of Aberdeen, Clark, Keiper, and Extracter thereof.

[Proclamation be the King, ratifying the Assembly at Glasgow 1610.

James, be the grace of God, King of Great Britane, France, and Ireland, Desender of the Faith, To our lovits, &c., Messingers, our Sheriffs in that part, conjunctly and severaly, 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 kindgom, conveened in our City of Glasgow, and since with the general applause of all them who were then mett together, there were diverse and sundry most worthy ordinaces 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 directed to the Lords of the Privy Consil, 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 subjects of whatsomever sort, condition, or function, that they doe obtemper, obey, and not contradict, oppone or impugne any article, point or head of these conclusions: And in regard that, by special act concluded in the said Assembly, all Ministers and Preachers whatsomever 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 subjects whatsomever; and in special, all teaching and preaching Ministers, and lecturing 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, contradict, condemn, or utter their dissalowance and dislyke in any point or article of these most grave and wise 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 Shireffs, Stewarts, Bailiffes and their Deputs, all Provests and Bailies of our burrowes, 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 lecturing Reader, or other subject whatsomever, that they faill not presently to committ the trespasser in this kind in some prison or ward, untill such time as they having 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 direction, 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 subjects 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 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 actum Secreti Consilij, &c. C.]

A.D. M.DCXII.

A Ratificatioun, be Act of Parliament haldin at Edinburgh, 1612 ȝeirs, of the Acts 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.

Forsameikle as in the Parliament haldin at Edinburgh, in the ȝeir 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 Commissioners many tymes had most seriously conferrit and advysit with the Ministrie: At last conclusioun was takin in the Generall Assemblie haldin at Glasgow, in the moneth of Junij, 1610 ȝeirs, determining all the doubtfull and contravertit points concerning the jurisdictioun, policie, and discipline 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 explanatioun maid be the Estates of Parliament presentlie conveinit, of some of these articles resolvit vpon in the soirsaid Assemblie of Glasgow.

In the first, the foresaid Assemblie acknowledgeth the indictioun of the Generall Assemblie of the Kirk to appertaine to his Majestie, by the prerogative of his Royal Crowne.

And farther ordaines, that the Bischops salbe Moderatours in every Diocesian Synod. And the Synod sall hald twyse in the ȝeir of the Kirks of every Dyocie, viz. in Apryle and October: and quher the Diocies are 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 case 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 pronouncit against or in favours of any person, without the knowledge and approbatioun 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 directioun of the Bischop, be the Minister of the paroch quher the offender dwells, and the proces began.

That all presentatiouns to benefices be directit heirafter to the Archbischop or Bischop of the Dyocie, within the which the benefice vacand be dimissioun, 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 presentatioun grantit to him, and who hath bene once receivit and admitted to the functioun 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 complaine 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, sall direct 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 alwayes declarit, that if any Archbischop or Bischop sall deprehend any such person as is presentit to him, to have come within compasse of a simoniacall pactioun with the patrone, in so farr as he hath either alreadie hurt, or promised or bound himselfe to prejudge and hurt the estate of his benefice in not reserving a sufficient mainteinance for him and his successours, ansuerable to the estate of his benefice; and that the Bischop or Archbischop sall vnderstand the same, either be the parties oath, or vther cleir pruif and 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 prejudiciall to that aforsaid manteinance,) sall no wayes be ascryvit to any simoniacall pactioun, nor sall not serve for any reason to the Archbischop or Bischop to refuse him. And in cace any such contraversie 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 pactioun, and qualitie of the same, if any such thing salbe objectit against the partie presentit.

In depositioun of Ministers, the Bischop associating to himselfe the Ministrie 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 functioun.

That every Minister in his admissioun sall sweare obedience to his Majestie, 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 conscience, that the right excellent, right high and mightie Prince, James-the Sext, be the grace of God, King of Scotland, Ingland, France, and Ireland, Desender of the Faith, &c. is the onlie laufull supreame governor of this realme, asweill in matters spirituall and ecclesiasticall as in things temporall: And that no foraine Prince, State, nor Potentate, hes nor aught to have any jurisdictioun, power, superioritie, preheminencie, or authoritie ecclesiasticall or spirituall within this realme. And therfor, I vtterlie renounce and forsake all forraine jurisdictioun, power, superiorities, and authorities; and promises, that from this furth I sall and will beare faith and true alledgance to his Hienes, his aires, and laufull successours; [and to my power shall assist and defend all jurisdictions, priviledges, preeminences, 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 presentlie to his Hienes in ȝour presence: and to his Majestie, his aires, and laufull successours, salbe true. So help me God. And als that every Minister in his admissioun sall 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 successors in all laufull things. So help me God.

And if the said benefice be at the presentatioun of ane laik patrone, the person presentit sall give his aith as followes: I G. H. now admittit to the forsaid benefice, testifie and declare in my conscience, 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 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 jurisdictioun, power, superioritie, preheminence, nor authoritie ecclesiasticall or spirituall within this realme. And therfor, I vtterlie renounce and forsake all forraine jurisdictioun, power, superiorities, and authorities; and promises, that from this furth I sall and will beare faith and true alledgance to his Hienes, his aires, and laufull successours; and to my power shall assist and defend all jurisdictions, privilidges, preeminencies, and authorities granted and belonging to his Hienes, his aires, or laufull successours, or vnited and annexit 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. lausull 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, sall absent himselfe from the visitatioun, or the Diocesian Assemblie, he salbe suspendit from his office and benefice; and if he amend not, he salbe 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 sall appoint at the Synod.

Quhilks acts, 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 firmes all and sundrie the premysses: and ordaines them and every ane of them to be obeyit and observit, be all his Hienes subiects, as inviolable lawes in all tyme comeing. Annulling and rescinding the 114 act of his Majesties Parliament, haldin in anno 1592, and all and quhatsomever acts of Parliament, laws, ordinances, constitutiouns, sentences, and customes, in so 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 essentially and effectuallie in all respects as if the saids acts and consuetudes heirby abrogat were at lenth heirin expressit.

A.D. MD.CXV.

[The Courts of High Commission united in December, in forme and manner following.

Our Soveraigne 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 religion, or scandalous in life; whereby they are not only discouraged from censuring of vice, but the offenders so much the more emboldened to continue in their wickedness, using their Advocation as a mean and delay, both to disappoint trial and punishment, knowing that many of the Ministry, in regard of the manness of their provision, are unable to attend, and prosecute the diet of such processe; the matter contraveened being also improper to the Councel to cognosce upon. For eschewing of the which inconveniences, and that the number of true Professors may be known to increase, 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 subtersuge of discharging 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 choise of some of the Nobilitie, Clergie, other Laicks and Ministers, being well affected in religion, zealous in the cause of God, and desirous to have all vice and sinne punished, and the increase and grouth of the enemie stayed: And because the citation of the foresaid persons is oftentimes protracted or delayed by absence of any of our two Archbishops of Scotland, either by sickness, or for other reasonable causes; so that by the absence of our Archbishop of Sanct Andrews the scandalous persons, within the Province and Diocie of Sanct Andrews, cannot be cited to compear before our Archbishop of Sanct Andrews as their Ordinar: And by the absence of our Archbishop of Glasgow, the offenders, within the Province and Diocie of Glasgow, cannot be cited to compear before our Archbishop of Glasgow; so that the scandalous 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 dominions; and grieving, that either hereticks, schismaticks, or scandalous livers, 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 welbeloved Connsellors, John Archbishop of Sanct Andrews, Primat and Metropolitan of Scotland, and James Bishop of Glasgow, conjunctly and severally, 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, William Bishop of Galloway, Patrick Bishop of Ross, Andrew Bishop of Brechin, Alexander Biship of Cathness, Adam Bishop of Dumblane, Andrew Bishop of Argile, and George Bishop of Orknay, the Lord Binning, Secretar of our realme of Scotland, Lord Lindsay, William Lord Sanquhair . . . . Lord Forbes, Walter Lord Blantire, Sir Richard Cockburne of Clerkingtoun, Lord Privie Seal, Sir Alexander Hay of Whitburgh, Clerk of Register, Sir William Oliphant Newtoun Knight, our Advocate, Sir Gedeon Murray of Eliebank Knight, our Treasurer Depute, Sir David Carnegie of Kinnaird Knight, Sir William Levingstoun of Kilsyth Knight; Mrs Patrick Galloway, John Hall, Peter Hewat, Andrew Ramsey, Ministers at our Burgh of Edinburgh, Mr John Ramsey, Minister at . . . . Mr John Hay, Parson at Ransrew, Mr William Birnie, Minister at Air, Mr John Abernethie, 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 Sanct Andrews, Mr William Hay, Commissar of Glasgow; or any five of them, the saids Archbishops of Sanct 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 Sanct Andrews and Glasgow, and Diocies of the samine, being offenders either in life or religion, whom they finde any wayes to be scandalous; and specially, resetters and intercommuners with Jesuits, Seminary and Masse Priests, or excommunicat Papists, sayers and hearers of Masse, recusants, and not communicants, incestuous and adulterous persons; and that they take trial of the samine: And if they finde them guiltie and impenitent, 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 protracted 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 suspension, or deprivation, or otherwise, according as in their discretion they shall hold his obstinacie, and refusal of their directions, 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 contumacie, 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 Highness 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 directed unto them, to be keeped by them in such form as by the said warrants shall be prescribed, 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 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 sight of the said Commissioners, 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 sight of any certificat, subscribed by any five of the said Commissioners, 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 direct his Highness Letters and warrant for present denouncing of persons that are contumacious, for their contumacie and refusal to compear, being lawfully called to that effect: and that no suspension nor relaxation be granted, without a certificat under the Bishops hands, of the partie charged his obedience and satisfaction: And in case of farther disobedience of the partie, who shall be charged for his fine of non compearance, his Majestie then ordaineth his Lords of Council to prosecute 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 otherwife 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, Provests and Bailliffs of Burghes, where the said Commissioners shall sit, Sheriffs, and Bailliffs of Regalities, and all others his Majesties Officers, and Ministers of the lawes, to search, seek, take and apprehend all and sundrie 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 Commissioners, 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 lecturing Readers within these bounds, teaching or speaking against the present established order of the Kirk or Estate, against any of the conclusions of the by past General Assemblie holden at Glasgow, or any acts of Parliament, and specially, the act of Parliament holden at Edinburgh, in October 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 . . . . 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 Commissioners 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 incurred 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 likewife, and commanding all and sundrie 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 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.
Murray.
Binning.
Alexander Hay.

A.D. MD. CXVI.

The Kings Letter to Mr John Spotswood, Bishop of Sanct Andrews.

Right reverend Father in God, right trusty and well beloved Counsellor, We greet you well. We have received your letter of the 13 of this instant, whereby ye and the remanent Bishops doe give us account of the High Commissioners 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 defection, 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 directed and dispatched before we knew of his restraint, is not to be interpreted 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 correct 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 Marquess his name, kind, and dependents, by citation, or such other course as ye shall think meet for their discovery, pursuit, tryal, and punishment, 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 expedient 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 verified against her, we will repute her as infamous, odious, and punishable as any witch: and unlefs be her punishment, we be confirmed of her guiltiness, we must esteem the information made against her to be but an invention, 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 Commission, 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 concerning 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, conjunctly and severally, specially constitut, greeting. For as much as the Prelats, and the reverend Fathers of the Kirk, forseeing 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 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 have found, that nothing is more expedient for effectuating their good work than a National Assembly, and meeting 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 willing 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 Assembly, 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 sundry 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 astist the said Assembly and meeting with their prefence 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, conjunctly and severally, our full pouer be these our Letters, delivering them be yow duely execut and indorsit 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 Actum Secreti Consilij. C.]