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Digitized by the Internet Archive in 2013 with funding from Princeton Theological Seminary Library

https://archive.org/details/actsproceedingsoO3chur

/ ACTS AND PROCEEDINGS

OF

THE GENERAL ASSEMBLIES

OF THE

KIRK OF SCOTLAND,

FROM THE YEAR M.D.LX.

COLLECTED FROM THE MOST AUTHENTIC MANUSCRIPTS.

“MY

Scollan cl, Church of rene val AssemblI '

PART THIRD. M.D.XCUI.—M.DC.XVUI.

EDINBURGH, M.DCCC,XLY.

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Tue Volume now presented to the Club, embraces the concluding por- tion of the Recorded Proceedings of the General Assemblies of the Church of Scotland, held within the period contemplated in the present Work. Its delivery has been retarded by accidental circumstances, in themselves of little importance ; but the delay has afforded an opportunity of rendering this compilation somewhat more accurate and complete.

The Index to the entire Work has been compiled by Mr Davin Merk, with that extreme accuracy and exact knowledge of the early history of the Scottish Church, for which he has been so long distinguished. It may be proper to mention, that the additions and corrections to the Index were chiefly owing to his great anxiety to render it more perfect, from new sources of information which became available after the sheets had been sent to press.

EprnsurGu, March 1845.

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7

if MAE Hae ed} i. ua nbs re =) y hahteulhias | aivihts a tnneatts ait ale *% Spite ae wi ile | L SHE ate i209, di aan eee ‘ sees ca . “a, ca “ey! ae Bait mele ip vy ia oF be | ope Y WaT 06 onan ibs sid ; ac sf Rate fl “53! if Rae Usttne age fattha Heinkibilin: nipadeo i ; a Wb ae oF Sv ‘ $i “ _ od Tt ¢, ‘ ra ROE hie, Sate A ma Ri ee is it MRL eh ae apts a Metat a | 7 . ry Liiuh? ’ : Ret Poe

THE BANNATYNE CLUB.

DECEMBER, M.DCCC.XLIYV.

THOMAS THOMSON, ESQ. PRESIDENT.

THE EARL OF ABERDEEN. VISCOUNT ACHESON. VICE-ADMIRAL SIR CHARLES ADAM. THE EARL OF ASHBURNHAM. LORD BELHAVEN AND HAMILTON. WILLIAM BLAIR, ESQ. BERIAH BOTFIELD, ESQ. THE MARQUESS OF BREADALBANE.

10 SIR THOMAS MAKDOUGALL BRISBANE, BART. GEORGE BRODIE, ESQ. CHARLES DASHWOOD BRUCE, ESQ. O. TYNDALL BRUCE, ESQ. THE DUKE OF BUCCLEUCH AND QUEENSBERRY. THE DUKE OF BUCKINGHAM AND CHANDOS. THE MARQUESS OF BUTE. THE REV. RICHARD BUTLER. JAMES CAMPBELL, ESQ. DAVID CARNEGY, ESQ.

20 SIR GEORGE CLERK, BART. WILLIAM CLERK, ESQ. HON. H. COCKBURN, LORD COCKBURN, (VICE-PRESIDENT. )

THE BANNATYNE CLUB.

DAVID CONSTABLE, ESQ. ANDREW COVENTRY, ESQ. JAMES T. GIBSON CRAIG, ESQ., (TREASURER.) WILLIAM GIBSON CRAIG, ESQ. GEORGE CRANSTOUN, ESQ. JAMES DENNISTOUN, ESQ. DAVID DUNDAS, ESQ. 30 GEORGE DUNDAS, ESQ. RIGHT HON. WILLIAM DUNDAS, LORD CLERK-REGISTER. WILLIAM PITT DUNDAS, ESQ. LORD FRANCIS EGERTON. JOSEPH WALTER K. EYTON, ESQ. SIR CHARLES DALRYMPLE FERGUSSON, BART. COUNT MERCER DE FLAHAULT. WILLIAM GOTT, ESQ. ROBERT GRAHAM, ESQ. RIGHT HON. THOMAS GRENVILLE. 40 THE EARL OF HADDINGTON. THE DUKE OF HAMILTON AND BRANDON. EDWARD W. DRUMMOND HAY, ESQ. SIR THOMAS BUCHAN HEPBURN, BART. JAMES MAITLAND HOG, ESQ. RIGHT HON. JOHN HOPE, LORD JUSTICE-CLERK. COSMO INNES, ESQ. DAVID IRVING, LL.D. HON. JAMES IVORY, LORD IVORY. SIR HENRY JARDINE. 50 HON. FRANCIS JEFFREY, LORD JEFFREY. THE EARL OF KINNOULL. DAVID LAING, ESQ., (SECRETARY. )

THE BANNATYNE CLUB.

SIR THOMAS DICK LAUDER, BART. THE EARL OF LAUDERDALE. VERY REVEREND PRINCIPAL JOHN LEE, D.D. LORD LINDSAY. JAMES LOCH, ESQ. LORD LOVAT. ALEXANDER MACDONALD, ESQ. 60 HON. J. H. MACKENZIE, LORD MACKENZIE. JAMES MACKENZIE, ESQ. JOHN WHITEFOORD MACKENZIE, ESQ. WILLIAM FORBES MACKENZIE, ESQ. ALEXANDER MACONOCHIE, ESQ. JAMES MAIDMENT, ESQ. THOMAS MAITLAND, ESQ. THE VISCOUNT MELVILLE. THE HON. WILLIAM LESLIE MELVILLE. WILLIAM HENRY MILLER, ESQ. 70 THE EARL OF MINTO. HON. SIR J. W. MONCREIFF, BART., LORD MONCREIFF. JAMES PATRICK MUIRHEAD, ESQ. HON. SIR JOHN A. MURRAY, LORD MURRAY. WILLIAM MURRAY, ESQ. MACVEY NAPIER, ESQ. ROBERT NASMYTH, ESQ. SIR FRANCIS PALGRAVE. LORD PANMURE. SIR THOMAS PHILLIPPS, BART. 80 ROBERT PITCAIRN, ESQ. ALEXANDER PRINGLE, ESQ. JOHN RICHARDSON, ESQ.

THE BANNATYNE CLUB.

THE EARL OF ROSEBERY. THE DUKE OF ROXBURGHE. ANDREW RUTHERFURD, ESQ. THE EARL OF SELKIRK. JAMES SKENE, ESQ. WILLIAM SMYTHE, ESQ. THE EARL SPENCER. 90 JOHN SPOTTISWOODE, ESQ. EDWARD STANLEY, ESQ. THE HON. CHARLES FRANCIS STUART. THE DUKE OF SUTHERLAND. ARCHIBALD SWINTON, ESQ. ALEXANDER THOMSON, ESQ. WALTER CALVERLEY TREVELYAN, ESQ. DAWSON TURNER, ESQ. PATRICK FRASER TYTLER, ESQ. ADAM URQUHART, ESQ. 100 RIGHT HON. SIR GEORGE WARRENDER, BART.

Ar an Extraordinary General Meeting of the BANNATyNE Cup, held in the Apartments of the Antiquarian Society, on Friday the 8th of July 1836:

Tne PrEswENT having stated, that the destruction of the early Re- gisters of the Church of Scotland, in the year 1834, being no longer a matter of doubt, it had become highly desirable that measures should be taken for collecting and printing, in addition to the volume known by the title of “ The Booke of the Universall Kirk of Scotland,” whatever else could yet be recovered from authentic sources of the recorded proceed- ings of the General Assemblies, from the era of the Reformation to the period from which the original Registers were still extant. The Meeting approved of the President’s recommendation, and he was requested to take

such steps as he might judge fit for preparing a specimen of the proposed Work.

At a Meeting of the CommitTee of the BANNATYNE CiUvp, held at Edinburgh, in the House of the President, on Monday the 13th day of November 1837:

The PrestpenT stated, that he expected soon to exhibit a specimen of * The Booke of the Universall Kirk,’—and suggested, that it should be put within the option of the Marrianp Cus to secure copies of the Work, by furnishing paper and paying a proportionate share of the expense. The

Secretary was directed to make a communication to this effect.

Art an Extraordinary General Meeting of the BANNaTYNE CLUB. held in the Hall of the Antiquarian Society, on Monday the 29th of January 1838 :

In pursuance of the Minute of the Committee on the 13th of Novem- ber last, and after communicating with the Committee of the Maitland Club, it was Resotvep,—That the printing of “The Booke of the Uni- versall Kirk of Scotland,” containing the Acts and Proceedings of the General Assemblies of the Church, from the year M.D.LX., be proceeded with, under the superintendence of THomas Tuomson, Esq., President of the Club, at the joint expense, and for the use, of the Members of the Ban- NATYNE and MaIrLanD CLUBs.

DAVID LAING, Secretary.

Ar an Extraordinary General Meeting of the BannatyNeE CLup, held at Edinburgh, in the Hall of the Antiquarian Society, on Monday the 15th day of April 1839 :—

ReEsoLVED,—That the First Part of “ The Acts and Proceedings of the General Assemblies of the Kirk of Scotland, from the year M.D.LX., collected from the most authentic Manuscripts,” and now printing for the Bannatyne and Maitland Clubs, be circulated among the Members.

DAVID LAING, Secretary.

THE PREFACE.

In presenting to the Club these remains of the Recorded Proceed- ings of the Church of Scotland, during the first half century after the Reformation, it may be fit to offer some explanation of the causes of their imperfect state; and not uninteresting to trace the successive dangers and escapes through which the original muniments had passed, down to the period when there is too much reason to believe they were left to perish in the conflagration of the Houses of Parliament in the year 1834.

The duty of recording the proceedings, and framing the Registers of the General Assemblies of the Church, was from the first entrusted to an officer regularly elected ; towhom alsowas committed their ordi- nary custody.* In these Registers was embodied the most authentic

* This officer appears under the various designations of “Scribe” or ‘ Clerk of the Assembly,”—‘* Common Clerk of the Kirk,”’—and “ Clerk of the General Assemblies, and Keeper of the Register of the same.” During the period embraced in the following volumes, the office was held by four different persons in succession, whose names have been rendered of some importance, in tracing the subsequent history of these records. The first in order was Mr John Gray, whose appointment was probably coeval with the first General Assembly in 1560. In the Register of Ministers, &c. 1567, (printed for the Maitland Club.) there is the following entry, which shews that his services were not entirely gratuitous :—“* Mr John Gray, Keipar of Registre of Ministers thair Stipendis, «« Extractor thairof, and Clerk of the Generale Assembleis and Keipar of the Registre

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evidence of the original constitution of the Presbyterian Church, and of its practical administration under the guidance of those able and distinguished men by whose exertions and influence its reformation had been achieved. To their well-known importance in that view, have been mainly owing the perils and injuries to which these records have been exposed.

During the first twenty years after the Reformation, the prevailing current of opinion in favour of the Presbyterian polity had been little disturbed, and the Registers of the Church appear to have remained in the custody of the proper officer ; but in the course of the subsequent struggles for the re-es- tablishment of Episcopacy, they acquired a sinistrous interest, and by some disorderly means had passed into other hands, from which they were ultimately rescued with no little diffi- eulty. Although ignorant as yet of the injuries they had sustained, and even uncertain into whose hands they had fallen, the leaders of the Church became anxious to recover the possession of these records, and to replace them under the care of their own officers. Accordingly, in the General As- sembly held in May 1586, two of the members were “ directit “ to the Kings Majestie to solicite the redelyverance of the same, “ {and] returnit his Hienes answer, That they sould be delyverit “ to the Clerk ilk day during the Assemblie, but at evin they

“ of the same, in recompense of his labouris bigane and to cum, ij fi.” In 1574, Mr James Ritchie was elected his successor, and sworn into the office with great solemnity. On his decease in 1596, Mr Thomas Nicolson, advocate, (and Commissary of Aber- deen,) was, by a plurality of votes, chosen, sworn, and admitted ; and, with some tem- porary interruptions, retained the office till 1618, when, on his “dimission,” Mr James Sandilands was received in his place. In 1638, Mr Archibald Johnston, (afterwards better known as Lord Wariston,) was elected Clerk by the General Assembly held at

Glasgow; and to him succeeded Mr Andrew Ker, who survived the Restoration in 1660.

ill

* sould be in the hands of the Lord Privie Seale quhill the end “ of the said Assemblie; betwixt and quhilk day his Majestie * wald be present himselfe.” This strange reserve in permitting (?P. 647.) to the Church the custody and use of her own Records, was ap- parently intended to elude the detection of the frauds practised by those into whose hands they had fallen; while, at the same time, it well harmonized with the favourite views of the King in asserting a civil supremacy over the ecclesiastical establishments of the country. In the Assembly held in June 1587, “ the King’s Commissioners “ having offered their concurrence in recovering the Registers, if it “ might be known in whose hands they were; and the Moderator * having desyrit the brether that could give any light in this matter “ to manifest the same,” it was ascertained that they were then in (P. 686.) the possession of Patrick Adamson, Archbishop of St Andrews: and the royal authority having been obtained in aid of that of the Church, to compel their production, it would appear that in the first instance they had been given up to the Lord Secretary ; and after much hesitation and cavil, there was “at length presentit “ to the sight of the kirk fyve volumnes of thair Actis, quherof “a great part being mankit, and, after the sight thereof, being “ yedelyverit,—the haill brether ordainit ane heavie regrate to “* be made to his Majestie in article, lamenting the away tak- * ing and mutilating of the saids Bookes, and to crave that the “ same may be restored, and also that the saids Bookes may be “ delyverit in the Kirks hands, to remane with them as their “ awne Register, namelie in respect of the answer returnit from “ my Lord Secretar, that his Majesties will was, that the Kirk sould * have inspection thereof as they had adoe presently, and to give “* them up againe.” (P. 697.) The restoration of the mutilated parts of the Registers, was unhappily no longer possible; but the story of this disgraceful

ite

proceeding seems to have been first disclosed, in the year 1591, in the humiliating confessions elicited from Archbishop Adamson by the Provincial Synod of Fife. He there ventures to assume to himself the credit of having saved the Acts of the General Assem- bly from the flames, to which they were destined by the Earl of Arran ; but confesses, that “upon a certain day in Falkland, before “ they were delivered to the Kings Majestie, the Bishop of N. ac- “ companied with Mr Henry Hamiltoune, rent out some leafes, and “ destroyed sic things as made aganis our estate, and that not “ without my awne speciall allowance.” *

There seems to be no doubt, that prior to the date of these disclosures, the Registers of the Church had been replaced in the hands of the Clerk of the Church, nor does it appear that any further attempts were then made to disturb their legitimate custody. But hazards of another kind were awaiting them. On the over- throw of the Presbyterian polity in the year 1606, its muniments were no longer regarded as of dangerous importance ; and for more than thirty years they appear to have been neglected and lost sight of by the Church. The period however was fast approaching

* Row’s History of the Kirk of Scotland, p. 123. Edin. 1842, 8vo. In the Latin edition or version of this Palinodia, the passage relative to the Books of the Kirk is thus given: —*‘ Quod ad illud quod queritis, quis casus obtigerit Commentariis Synodi Generalis, ‘“‘ ita res se habet. Integros servavi in reditum nobilium et ministrorum ex Anglia: quod si non fecissem, Comiti Araniz in animo erat curare ut conjicirentur in ignem. “ Falcolandiz quodam die, priusquam traditi sunt Regiz Majestati, Episcopus N. una “ cum M. Henrico Hammiltonio discerpsit queedam folia, et ea que adversus ordinem “ nostrum ulli usui esse possent, idque me approbante.”—A. Melvini Muse, et P. Adamsoni Vita et Palinodia,—p. 51. 1620, 4to. It has been supposed that the person here alluded to was David Cuningham, who had been preferred to the Bishoprick of Aberdeen in the year 1577. The extent of the mischief thus practised has not been exactly ascertained, but the indications of this rough process of castration will be found in the following work, at pages 417, 424, 461, 465, 474.

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when a due sense of their importance was to revive; and very serious alarms for their safety had begun to prevail, when, to the surprise of all, the greater part of them was brought to light in the General Assembly held at Glasgow in the year 1638. Of that unexpected and joyous event, the contemporary historians of the Presbyterian Church have been anxious to preserve the minute and interesting details.* It may here suffice to state, that by the suc- cessful exertions of Mr Archibald Johnston, who had been then chosen Clerk of the Church, and who was destined to act a still more prominent part in after life, the greater part of the Registers prior to 1590 had been traced and found in the hands of private individuals, officially connected with Mr Thomas Nicolson, the last regular Clerk, in whose possession they had been left after his “* dimission” in 1618. ‘Those only of subsequent date had been received by his successor Mr James Sandilands, whose son, an un- successful candidate for the clerkship, surrendered them to the Assembly.

On the part of the Royal Commissioner, there was shown an evi- dent disinclination to recognise the authenticity of these records; but to put an end to all doubts on that head, the books were subjected to a minute and careful scrutiny, by a Committee of distinguished members; whose elaborate report, proving them to be “ true, famous and authentick registers of the Kirk,” was ultimately approved by an unanimous decision of the Assembly.

Of these more ancient records there were in all five volumes ; four of which were found to contain the original record of the As- sembly’s Proceedings from 1560 to 1590; with the exception of that from March 1572 to March 1573, and of that from July 1580 to October 1583. The former of these was recovered and _pro-

(App. p. XXILIL.)

* See Appendix, No. I.

Vi

(App. p.xxvim.) duced to the next General Assembly held in 1639; of the other no trace appears ever to have been found.* That loss however was supplied by a fifth, what is described as the “ greatest volume,” and which proved to be a well-authenticated “duplicate” of the entire series of proceedings prior to the year 1590.

From the state of safe custody to which they were thus once more restored, the records of the Church were doomed to be again with- drawn, at the disastrous period of the English invasion in 1650. After several transfers from place to place, it was thought advisable to seek a shelter for them in the fortress of the Bass: in April 1651 a requisition was sent to the keeper, “that the Bass might be made “ secure for the Registers, as it had been in a former day of calamity;” and asa further precaution against the accidents of war, it was “ agreed that the great volume, being a duplicate of some of the rest,” should be sent to the castle of Dunottar, to which the Regalia of the

(App. p. xxtx.) Kingdom had been carried. But neither the Regalia, nor “the great volume,” were very long considered as in a place of safety ; and on the authority of a letter from certain members of the Com- mission of the Church assembled at Aberdeen, on the first of Sep- tember 1651, the Register in question was delivered to the Earl of Balcarras, who had been the High Commissioner to the General Assem- bly held at St Andrews in the preceding month of July.t The more important portion deposited in the fortress of the Bass, fell soon after- wards into the hands of the English invaders, and was removed from

* From the proceedings in the Assembly 1638, given in the Appendix, it appears that these missing volumes were supposed to be in the hands of Archbishop Spottis- wood, who is stated by Lord Rothes to have obtained from the king a warrant to demand them from Nicolson, the former clerk, and from whom the later volumes after 1590 were obtained by Sandilands. It is highly probable that the Archbishop had de- sired to have the use of these Records in the composition of his Ecclesiastical History.

+ See Dr M‘Crie’s Memoirs of Veitch, &e. p. 524.

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Scotland in pursuance of an Order of the House of Commons, April 27, 1652,—* That Major-General Dean cause the public Records “ of the Kirk, taken in the said isle, [the Bass,] to be packed up in “* cask and to be sent to the Tower of London, there to remain in “ the same custody that the other Records that come from Scot- “ land are.”

In 1657, Sir Archibald Johnstoun, Lord Wariston, in virtue of his office of Clerk Register, was successful in obtaining from the Protector’s Council a warrant for restoring to Scotland such of the public Records “as concern private men’s cases and interests only ;”’ but all those “ofa public nature” were retained till the period of the Restoration. There can be little doubt that his ardent zeal in the service of the Kirk would not allow him to be inattentive to the fate of these Registers ; but of the means or the time of their actual release from the Tower, no distinct traces have been found. ‘They do not appear to have been included among the Records surren- dered in 1657, of which a full Inventory is preserved ; and although it might be presumed that they were sent back to Scotland in Sep- tember 1660, along with the other Public Records of the Kingdom, yet no distinct traces of their existence or subsequent fate have been found. ‘The possibility of their retention in England, for reasons similar to those which prevented the transfer to Scotland of the Acts and Proceedings of Parliament during the Civil War, might have left a glimpse of hope for their ultimate recovery, had not the recent arrangement of the Records in the State Paper Office, and at the Tower, precluded every chance of their being yet discovered in those repositories. Whether these Registers of the Church may not have formed a part of the Records that were lost at sea on the voy- age to Scotland in 1660, must remain a matter of mere conjecture, as there exists no satisfactory evidence of what was included in that unfortunate cargo. If it be supposed barely possible that they

VIiil

were brought back to Scotland, the only conjectural alternative which remains is, that they may have perished in the great fire at Edinburgh in the year 1701, which consumed a large mass of con- sistorial and ecclesiastical records.*

The other portion of the Church’s muniments which had been transferred to the castle of Dunnottar in 1651, and afterwards placed in the hands of Lord Balcarras, there seems reason to believe, had been committed by him to the custody of Mr Andrew Ker, the successor of Lord Wariston in the Clerkship of the General Assembly, and on his death, had passed into the possession of his brother and heir, Mr Robert Ker. After the death of the latter in 1677, they are said to have been discovered in his private repositories, either in consequence of some previous information conveyed to the Government, as stated by Bishop Keith,+ or more probably by the officers of the Commissary Court, in the course of their official researches. How they afterwards came into the possession of Paterson, Bishop of Edinburgh, does not appear ; but in his hands they were retained, after the re-establish- ment of Presbytery in 1689 ; and in disregard of unquestionable legal rights and obligations, he appears to have treated them as articles of merely antiquarian curiosity, and, as such, to have presented or be- queathed them to the Honourable Archibald Campbell, an eminent virtuoso in his day, and afterwards a titular bishop of the Episcopal Church of Scotland. Bishop Paterson died in 1708; and it is remark-

* In the General Assembly at Edinburgh, March 1703, an Act was passed “for “* supplying and preserving the Registers and Papers belonging to the General Assem- “« blies, Committees, and Commissioners thereof ;” proceeding on this preamble: ‘* The General Assembly taking into their consideration the great loss the Church ‘ hath sustained by the burning of several of their Registers and some papers, in that ‘« dreadful fire which happened in the Lawn Mercat of Edinburgh upon the 28th day “ of October 1701,” &c. Among these losses, the Registers of the Assemblies 1638, 1639, 1640, 1641, 1642, are particularly mentioned.

+ History of Scotland, p. 497. Note 0.

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able that twenty years afterwards, the fact that those were genuine Registers of the Kirk seems not to have been ascertained. In a letter from Mr Robert Woodrow to Lord Grange, written apparently in 1728, after alluding to the Manuscripts collected by George Ridpath,* it is added, “ He pretended to have our original Acts of Assembly, as I “ hear Mr Archibald Campbell, Lord Niel’s son, pretends his copy is “ likewise an original record.” ‘This uncertainty may help in some degree to account for the tardiness, if not indifference, which the leaders of the Church had hitherto shown in vindicating their just rights, and compelling the restoration of an unquestionable portion of the Public Records of the Kingdom.

At length, however, the authenticity of the Registers in the hands of Mr Campbell appears to have been ascertained, and on the part of the Church a negociation was set on foot for their recovery, of which some valuable traces are preserved, but which is said to have failed in consequence of the extravagant and preposterous conditions proposed by that eccentric person. + Beside the payment of a sum of money as the price of their own property, which was considered as Excessive, it was to be an indispensable preliminary that the books should be printed under his own superintendence, to the absolute exclusion of any revisal by any member of the Established Church. The rejection of such conditions can excite no surprise ; but it may well be wondered at, that there the matter should have been suffered to rest, and that no legal measures for compelling the restitution of the property should have been adopted. ‘To these

* Woprow Corresponpence, ILl. 285.—The manuscript in Ridpath’s possession would appear to have been a copy of “The Book of the Universal Kirk.” It was acquired by Dr James Fraser, another curious collector, and presented by him to the Library of the Divinity Hall in the University of Edinburgh. Unfortunately it has been lost for many years ; but a transcript of it was made for the use of the Church in 1730.

+ The documents alluded to are in the archives of the Church, and have been print-

ed in the Appendix, No. VII. p. xxxrx. b

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(App. p. XXXII.)

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x

no effectual bar had been created by the subsequent transfer of the books to the Library of Sion College, London, by a deed of gift dated in the year 1737; but whether from a certain sluggishness of movement incident to such bodies, or from some ill-advised dis- trust of their own rights, the Church does not appear to have made any effort, or bestowed any serious thought on the sub- ject, till nearly a century after, when the Reverend Dr Lee, now the Principal of the University of Edinburgh, began to rouse the attention of his brethren to the assertion of their long neglected claims. The strict justice of these he was most eminent- ly qualified to illustrate and enforce ; and for his zealous and la- borious services in the cause, he well entitled himseif to the thanks of successive Assemblies of the Church. It can never cease to be matter of deep regret, that his exertions had not secured a timely and more strenuous support ; and that regret is embittered by the consideration that the first practical step, and the expected prelude, to a full vindication of the Church’s right to these Records, was doomed to become the immediate cause of their loss.

In the year 1834, in pursuance of an Order of a Select Com- mittee of the House of Commons on Church Patronage, Dr Lee, Dr Welsh, and Principal Macfarlan, accompanied by Mr James Chalmers, * obtained access to the Library of Sion College, and reported that “ they had inspected three books in manuscript, “ bearing to be records of the Proceedings of the General “« Assembly of the Church of Scotland from 1560 to 1616 :’— “ and that in their opinion these Records were the genuine and “ authentic Register of the Proceedings of the General Assembly “ of the Church of Scotland for the above period.” Under an- other Order of the Committee, these volumes were reluctantly dragged from their place of deposit, and produced by one of

* At a previous examination of the MSS. in Sion College, Mr John Richardson, and. Mr David Laing, Secretary of the Bannatyne Club, formed part of the Deputation.

XI

the officers of the College ; who was informed “ that the Committee “ wished the books to lie upon the Table for their inspection, and * that the Committee would send to him when they wished them to “ be returned.”* The consequence of this resolution seems to be but too wellascertained. By a sad oversight the books were suffer- ed, at the close of the Session, to remain in the Committee Room, and that part of the buildings was burnt down on the 16th day of October ensuing.

The books thus destroyed were three in number. The first, em- bracing the Proceedings of General Assemblies from December 20. 1560 to March 1589, was unquestionably the same “ greatest book” produced by Wariston in the Assembly 1638; as, independently of certain coincidences observed by Dr Lee, it contained an attes- tation in the hand-writing, and with the well known signature of Wariston, as Clerk of the Assembly, that it had been received and acknowledged as an authentic register. The two other yolumes, containing the Proceedings of General Assemblies from 1590 to 1616, were in all probability the same that were presented to the Assembly in 1638, by Sandilands, the son of the last Clerk of the Church within the period to which they relate.

The great importance of the Proceedings of the Reformed Church of Scotland to the illustration of the constitutional and general his- tory of the kingdom, had not escaped the early attention of the Ban- natyne Club ; and in the absence of other means of giving publicity to the genuine records of the Church, the project was gravely enter- tained of undertaking that national work. The fatal catastrophe of 1834 terminated that more ambitious scheme ; and there only re- mained the plan here adopted of retrieving, from such secondary

* See Report of Select Committee on Church Patronage, pp. 355, 374, 451, App. p- 155.

(App. p. XXXVI.)

(App. p. XXXVIII.)

(P. 325.)

(P. 566.)

(P. 624, 628.)

XII

sources as yet exist, the broken and disjointed fragments of the original Registers. Imperfect though they certainly are, two of these sources are here deserving of particular notice.

1. From an early period it became an object of importance to select from the general registers of the Acts and Proceedings of the Church, such parts as were calculated to illustrate and explain the principles of its constitution, and to regulate its ordinary admi- nistration. As early as 1574, a Committee of Members was ap- pointed “to take travell in visiting and perusing of the Acts of the “ Assembly; to mark and note sick as are general, that thereafter “ they may be drawn and extracted out of the Books, that all “ pretext of ignorance may be tane away.” Again in 1582, the As- sembly “ ordaines Mr [John] Craig to lay an order for collecting the “ Acts of the Kirk betuixt and the nixt Assemblie.”’ In 1583, “ Anent “ the travels taken be Mr Craige in collecting and disposing the Acts “ of the Assemblic,” certain brethren are ordained “ to consider and ‘* oversee the samine, and to returne their opinion back to the “ Assemblie :” and in the same Assembly, “ anent the labours taken “ be Mr John Craige in collecting of the Acts of the Assemblie, “ seing the great travels tane be him for the weale of the same, not “ without the singular fruit and profite of the whole brethren, to “ the effect the same may be absolved and brought to perfection, it “ is thought good that” the Commissioners “ travel in perusing the “ whole work,” and assist in the full completing thereof;—“ that “‘ the judgment of the next General Assemblie may be had there- “ upon.” And in the following Assembly, held in the same year, the Commissioners report that they “had considered the travels of “ Mr Craig in the Acts of the Kirk, and that in his labours God “ was to be praised: yet some things they had noted, wherewith “ they desired he sould conferr, and thereafter proceed with him in “ farther reasoning.”

XII

Of the praiseworthy labours of Mr John Craig, nothing more

appears till the year 1593, when the following entry occurs: “ Anent ;p. )5 )

* the Actis of the Kirk: That everie Presbyterie may be the better * instructit therin, the Kirk hes ordinit Mr James Carmichaell, quha has alreddie tane sum paneis in correcting therof, to perfyte the * work, and to present the same to the next General Assemblie of “ the Kirk.” And again, in the Assembly of 1595, “ Anent the * Actis of the Assemblie : The brether has ordainit that the samein “ be sichtit, and speciall Acts for practise of the Kirk be extractit “ and joinit with the Booke of Discipline, to be publischit either in wryte or print, that none pretend ignorance therof, and to this “ effect to concurre with the Clerk, Mrs Robert Pont, Thomas “ Buchannan, James Melvill, Johnstoun, and James Carmichael.” * Here we find no distinct allusion to the previous labours of Mr John Craig; but having evidently had the same object, it may be presumed that those of Mr James Carmichael and his coadjutors consisted of a revisal, perhaps enlargement, and continuation of the former. t

That these careful compilations should have been afterwards entirely lost sight of, is highly improbable ; and as there still exist various copies of such an abridgment, to which has been usually given the title of “the Book of the Universal Kirk of Scotland,” it seems no very hazardous conjecture, that these may be transcripts of the work of Carmichael, continued to the termination of

* Some curious notices relative to the progress of Mr Carmichael’s labours occur in the Register of the Provincial Synod of Lothian and Tweeddale, and will be found in the Appendix, p. xxx.

+ This Manuscript appears to have belonged to William Earl of Crawford-Lindsay, who flourished in the reigns of Charles I. and IL, and was distinguished for his attach- ment to the Presbyterian Church: it has his autograph signature in different parts of the volume.

(P. 856.)

(App. p. XXIV.)

XIV

Presbyterian government in 1606. The copy preserved in the Advocates Library appears to be a manuscript of the early part of the seventeenth century, and contains proceedings of Assem- blies down to the year 1616, including most of those that were condemned as unlawful by the General Assembly of 1638. It has been adopted as the main ground-work of the present collection, and has been found on collation to admit of little correction or im- provement from any other copy. When the larger volume from which it must have been compiled, was examined by Dr Lee in 1834, he found, on a random calculation, that it contained more than thrice the quantity of matter preserved in “the Book of the Kirk ;” but of what that larger quantity chiefly consisted, he had not an opportunity of ascertaining, further than that the Record “contained a great mass of information in a more complete ‘“¢ and certainly in a more correct form than any thing that has been “ exhibited in any of the publications which he had ever seen.”

2. In aid of the “ Book of the Kirk,” and for the enlargement of its contents, the Hcclesiastical History of David Calderwood has proved of most important use. It would be here out of place to enter into any detailed account of that valuable work. It was undertaken, if not originally under the express authority, yet with the entire approbation of the Church; and as the Records, re- covered in 1638, were completely accessible to the author, it is evident that he had made a diligent use of his opportunities, and had not confined his researches to any of the abridgments which were then extant. His quotations from the Registers of the Assem- bly are very copious, and in the present work have been interwoven with the contents of the Book of the Kirk, but never without in- dicating the source from which they have been derived, by includ- ing them within brackets, with the initial letter of the author’s name. The great value of Calderwood’s work has been long known,

XV

and its complete publication from the original manuscript, now in the British Museum, has been one of the meritorious labours of the Wodrow Society. The extracts introduced into the present collection have been taken from a transcript of the original, made for the use, and under the inspection of Mr Robert Wodrow, now in the possession of the Church of Scotland.

It has been the object and anxious wish of those to whom the con- duct of this work was entrusted, to preserve every fragment of genuine record that could be discovered. For that purpose the historical works of Knox, of Melville, of Spottiswood, of Petrie, of Row, and others, have been carefully examined, and various corrections and additions have been obtained, which, like those from Calderwood, have been invariably indicated by the initial letters of their re- spective names. In further illustration of the proceedings of the Church, several public documents, taken from the Registers of the Secret Council and other authentic sources, have been introduced at their proper places in the order of time, and will be found to add to the historical interest of these volumes.

In the selection and transcription of nearly the whole of its ma- terials, and in the various researches essential to the successful com- pletion of the work, the Club has to acknowledge its deep obliga- tions to the Reverend William Beattie Smith, A.M., Chaplain to the Garrison of Edinburgh Castle, whose zealous and long sustained exertions could have been prompted only by a deep feeling of in- terest in the object to which they were directed. That, after all, some things may have escaped his researches, is far from impos- sible ; that some few notices have been introduced which were not strictly within the proper scope of the work, will not escape the observation of a critical reader; but on the whole, it is scarcely to be hoped that a more extensive view of the actual proceedings of

XVI

the Presbyterian Church, during the period which it embraces, can now be attained.

It only remains to be stated, that the proper contents of what has been usually entitled the Book of the Universal Kirk of Scot- land, may be said to terminate with the General Assembly appointed to be held at Aberdeen in the year 1604; and that the Assemblies which follow, from 1606 to 1618, whose proceedings have been here retained as necessary to complete the historical series, were, on the

(App. Pp. XLIX.) restoration of Presbytery in 1638, “‘ condemned, and declared every “ one of them to have been from the beginning, unfree, unlawful, “ and null,” for reasons which are recorded at length in the Acts of that Assembly.

EpinpurGH, March 1845.

APPENDIX.

PROCEEDINGS OF THE GENERAL ASSEMBLY HOLDEN AT GLASGOW, IN THE YEAR 1638, RELATIVE TO THE REGISTERS OF THE CHURCH.

Sessio 3% November 26. 1638.

TueEN the voices of the haill Assemblie wer craved anent the electioun of a Clerk, and Mr Archibald Johnstoun wes chosin be the universall consent of all except one, and wes admittit Clerk vnto the Assemblie ad vitam, and vnto all the richtes, fies, and priviledges perteining to ane Clerk off before, to be extendit at large; who, efter the acknowledgement of the weichtines of the charge, and his insufficiencie for it, im- braced it, as haveing a calling from God and the honourable Assemblie. The Mo- derator desyred to be informed, if anie more wes requisite for his admissioun, bot a solemne oath of his fidelitie and diligence. Mr Johne Row ansuered, Nothing farder, but that he sould bring foorth, keip and preserve the Registers of the Church, at leist so manie as sall come in his handis, seing pitiful experience could shew how these Registers had been marred in former tymes. Then Mr Archibald gave an solemne oath of his fidelitie and diligence and conscious keeping and use making of all Regis- ters ; and documents was taken of his acceptance and admission. The Moderator said, that the books and acts of all former Assemblies should be produced and putt in Master Archibald’s hands. Mr Thomas Sandilands ansuered, that he had receaved no Registers from his father, but onlie two bookes containing some Acts from the year 1590, till the Assemblie at Aberdeen holden anno 1616, which therein is onlie begunne, with the minuts of the acts of the said Assemblie of Aberdene in a paper apairt, with the

c

XVIII APPENDIX.

minutes of Sanct Androis following 1617, with the acts of the Assemblie at Perth sub- scribed be Mr James Sandilands, and delivered the samen to the Assemblie: and being posed for the rest of the Registers, answered, in his fathers name, that hee had gotten these two from the bischop of Sanct Androis, and had never receaved any more neither from him nor from the Assemblie nor from any other. The Moderator craved, that all the Registers might be had and brought foorth from the hand of any clerk or haver of them, affirming that these bookes had in them matters of greater weight then all other evidents of Land &e. ffor they were the Kirk of Scotlands Magna Carta, contain- ing all her priviledges and liberties since the Reformation. Hee wished also, that this Assemblie sould not be depryved of so powerfull a meane of informatione, for proceed- ing in matters to be handled there. The former clerks sone affirmed, that he had de- stroyed nane of these books. ‘The Moderator urged the production of these books, and desired the Commissionertotake course for it. The Commissioner ansuered, that hee was willing to use any good meane thatcould be used for the productione of these bookes, if any could shew in whose hands they were; for (said he) I desire not that any Register sould be absent, but above all the Kirk Registers. My Lord Rothes said that, by a warrant from King James, the Bookes were taken from Mr Thomas Nicolsone and the last clerk, and putt in the hands of the pretended Bischop of Sanct Androis, and ‘soe of neid- force a course must be taken for getting of these bookes from the Bischop. Mr Archi- bald Johnstone said that, in Gods providence, als many books were come in his hands as sould be able to make up a perfite Register of the whole affaires of the kirk from the Reformatione untill this day ; which bookes he produced on the table and declared by whom and what meanes they were come into his hands; to witt, Mr Robert Winrahame, depute Clerk under Mr Thomas Nicolsone, and from him to Alexander Blair, of which bookes there are five volumes in folio; but Mr Patrick Adamsone, Bischope of Sanct Androis, rent one of them, and there are yet four to the foir of them written be Mr James Ritchie and Mr Thomas Nicolsone, whereof the first two containes the Acts of Assemblie from the year 1560 to 1572, subscribed be Johne Gray, Clerk to the Assemblie: The third volume fra 1586 till 1590, written and sub- scribed in the margine be Mr James Ritchie, Clerk to the said Assemblie: The fifth booke, being ane great volume of the Acts of the Assemblie fra the year 1560 till 1590, (whereof he had but an len from an minister:) Whereof the first four volumes, the said Mr Archibald declaired that he had receaved them from Alexander Blair, Wreater, who was servand, and succeeded in the place of Modifications of Stipends to Mr Robert Winrahame, who had a deputation from Mr Thomas Nicolsone, Clerk to the Generall Assemblie.

The Moderator said, These are good and comfortable newis unto the Church of Scotland, that a perfect Register of the Acts of the Assemblies are yet to the foir; and that it was needful that course be taken for tryell of these bookes, whether they be these same bookes written be the clerks or be their deputes, or copies onlie of these bookes. It was ansuered be the clerk, that they are the same, written and sub-

APPENDIX. XIX

seribed by the clerks owne hand; and the leaves riven out of ane of them by the Bis- chop, from the 22d to the 27th leaffe, may yet be knowen by the merkit number of the leaffis. The first Clerk wes Mr Johne Gray, who subscribed everie Assemblie with his hand. The next is also subseryved, and an memorandum on the first leaff of it, where Mr Archibald Huntar passed to the Chancellor Maiteland and receaved that volume and this uther, and the half of that which was rent by Bischope Adamsone ; The third booke, the first act of it it is ai sitelioin of Mr ore Ritchie, Clerk, which booke is all of one hand writt. The one booke is from the 60 to the 70 year. The next from the 79, wherein the Bischope of Sanct Androis is censured and excommunicat. And now in Gods providence there is in the present clerks hands, a perfite Register from the 70 year to this last Assemblie, for which all of us have reason to praise God. ‘The com- missioner said, See that wee build on an sure foundation, and try well that these bookes be authentick. The Moderator craved, that some judicious men, and skilled in dig- noscing handwritts, might be nominat for tryell of these bookes; and intreated the Earles of Lauderdaill, Southesk, and Argyle, to take inspection of the bookes. Ar- gyle obiected his youth and unskillfulness for so weightie a charge, yet at com- mand of the Commissioner he declaired his willingness to assist the worke. The Com- missioner said, that if his owne paines could contribute any thing to the furtherance of the worke, he would be ready to sitt upp day and night, but would not lay that burthen on his Assessours ; for, said he, seing it is refused that they should be members of the Assemblie, hee saw not how they could be appointed for trying of these Registers. The Moderator answered, Wee are hopeful that their Lordshipps will not refuse to further the good of this Assemblie, seing it is said here it is not for want of due respect wee owe to their Lordshipps, but onlie for preservation of the Kirks liberties as said is. The Commissioner said, I cannot see how these that are not granted to be members of this Assemblie, can cognosce bookes containing matters of so great weight. The Moderator answered, that they can best judge. The Com- missioner said, but I cannot consent unto it: Therefore the Moderator said, let the skilliest of the clerks of Sessione, counsell and burrow clerks, such as the Laird of Durie, the clerk of Dundie, Mr Alexander Pierson, Advocate, be conjoined as their assessours, to help them of the ministerie, Mr James Bonar, Mr John Row, Mr Andro Ramsay, Mr Wm. Livingstown, Mr John Adamson, Mr Robert Murray.

Mr John Row ansuered, that he had yet in his hands the Booke of the Kirk Policie, subscryved be Mr James Ritchie, clerk, which will serve to dignosee the hand writt. Mr Archibald Johnstone said, hee had the principall Book of Policie, written in Lum- bard paper, in his hand, which also would conduce to that end; this being judged to be the fittest way for tryall of the Registers of the Kirk, and makeing them to be authentick.

Xx APPENDIX.

many objections made be the Lords of Clergie and their adherents against the legalitie of the proceedings of this Assemblie, Iam tyed yet to say somewhat; and I am sorry that I must protest against that in word, which my heart desires not. Sore greaved I have reason to be to protest against soe good a work as is the restoring of the Kirk to her Records; yet considermg my many causes, which now I will not expresse, I am forcit to protest against it. For albeit these Books may be found authentick by the consent of this Assemblie, yet may Ido nothing which may import either his Majesties assent to it or myne ; and therefore here I make protestation against it. The Moderator said, wee onlie crave the Assemblies approbation ; and if the pre- tendit Bischops, or any other, will take upon them to improve these Bookes, or any part of them, they salbe heard. It is pittifull that there sould be such a fearfull rent in our Church, and that any pointe of the cause of it sould be impute to auctoritie, if wee consider what a sweet unitie was once in this Kirk ;—to cleare this unitie, I will read a testimonie out of the Preface of the Booke, called the Harmonie of the Confessioun of the Reformed Kirkes. After the reading of it in Latine, he ex- poned it, shewing the rare priviledges of the Kirk of Scotland beyond other Kirkes ; that for the space of 54 years, it remained in puritie of doctrine and discipline with- out any errour or schisme ; and gave a reason of it, because the Kirk of Scotland was reformed in doctrine and discipline according to the word of God: so it is cleare this Kirke once had unitie; and it is cleare also by what meanes and instruments schisme hes come in. The Commissioner said, I pray God this Kirk may injoy that puritie 40,000 years more, if the world shuld indure so lang; yet I must protest in more pathetick wordes against the auctoritie of these bookes, (for I did it in modestie before.) Albeit, I would give my estate, and venture my life, in furthering the Church to be restoired to her Registers; but because of the manifold exceptiouns I gave against the way of the meeting of this Assemblie, and against sundrie persones which are mem- bers of it, I protest heir, that neither the Kings Majestie nor the bischops be wronged be any act in these books; and that they are not oblist be the acts of any book, which is not subseryved be the clerk of Assemblie. My Lord Rothes said, your Grace promised to propone some scruples against these bookes, wherein your Grace was not yet satisfied, which wee desire to heare; for they are found of all who have tryed them, comparatively authentick, and otherwayes also. The Moderator said, wee are sure if his Grace had perused these bookes, hee would approve them also. ‘The roll being called be the clerk, the Moderator asked if the Bretherene did approve the Registers, who answered, that they did; and desires that the reasones of the approbatione might also be insert in the Bookes of Assemblie ; and that there was not any protestatione made by his Majesties Commissioner. ‘They desired also that the Bischop of Sanct Androis might be summoned for the productioun of these bookes which are wanting.

APPENDIX. XX

ACT APPROVING THE REGISTERS.

Anent the report of the Assemblies judgement of the authority of the books of Assembly ; The Moderatour having desired that if any of the Assembly had any thing to say, they would now declare it, otherwise they would hold all approven by the Assembly.

The Commissioner his Grace protested that the Assemblies approving these books, or any thing contained in them be no wayes prejudiciall to his Majestie, nor to the Archbishops and Bishops of this Kingdome, or any of their adherents ; because he had some exceptions against these books. My Lord Rothes desired these exceptions to be condescended on, and they should be presently cleared, and protested that these books should be esteemed authentick and obligatorie hereafter.

The whole Assembly all in one voice approved these books, and ordained the same to make faith in judgement, and out-with, in all time comming, as the true and au- thentick Registers of the Kirk of Scotland, conforme to the testimonie subscribed by the Committie, to be insert with the reasons thereof in the books of Assembly : Whereof the tenour followeth.

We under-subscribers, having power and commission from the Generall Assembly now presently conyveened, and sitting at Glasgow, to peruse, examine, and cognosce upon the validity, faith, and strength of the books and registers of the Assembly under-written, to wit: A register beginning at the Assembly holden the twentie day of December 1560, and ending at the fourth session of the Assembly holden the 28. of December 1566.

Item another register beginning at the Generall Assembly, holden the second day of Iune 1567, and ending at the fourth session of the Assembly holden at Perth the ninth day of August 1572, which register is imperfect, and mutilate in the end, and eontaineth no leaf nor page, after that page which containeth the said inscription of the said fourth session, which two registers bears to be subscribed by Iohn Gray, scribe.

Item a register of the Assembly holden at Edinburgh the seventh day of August 1574, and ending with the twelfth session, being the last session of the Assembly 1579.

Item another register beginning at the Assembly holden at Edinburgh the tenth of May 1586, and ending in the seventeenth session of the Assembly holden in March 1589.

Item another register being the fifth book, and greatest volume, beginning at the Assembly holden in Anno 1560, and ending in the year 1590.

Haying carefully viewed, perused, and considered the saids registers, and every one of them, and being deeply and maturely advised, as in a matter of greatest weight and consequence, do attest before God, and upon our conscience declare to the world and

KXIV APPENDIX.

this present Assembly, that the saids foure registers above expressed, and every one of them, are famous, authentick and good registers: which ought to be so reputed, and have publick faith in judgement and out-with, as valid and true records in all things; and that the said fifth and greatest book, beginning at the Assembly 1560, and ending 1590, being margined by the hand-writs of the Clerk, and reviser of the registers, cognosced, and tryed, and agreeable to the other foure registers, in what is extant in them, ought also to be free of all prejudice and suspicion, and received with credit. And in testimony of our solemne affirmation, we have subscribed these pre- sents with our hands.

Sic subscribitur.

Master Andrew Ramsay. Master Iohn Adamson.

Master Iohn Row.

Master Robert Murray.

Master Alexander Gibson. Master Iames Boner.

Master Alexander Peerson. Master Alexander Wedderburn.

REASONS PROOVING THE FIVE Books AND REGISTERS PRODUCED BEFORE THE ASSEMBLY TO BE AUTHENTICK.

The books now exhibited unto us under-subscribers, which we have revised and perused by commission from the Generall Assembly, are true registers of the Kirk : to wit, Five volumes, whereof the first two contain the acts of the Assembly, from the year of God 1560, to the year 1572, all subscribed by John Gray, Clerk. The third from the year of God 1574, to the year 1579. The fourth from the year of God 1586, to the year 1589. At which time Master James Richie was Clerk, who hath frequently written upon the margine of the saids two last books, and subscribed the said margine with his hand-writing. And the fifth book being the greatest volume, containing the acts of the Generall Assembly, from the year of God 1560, to the year 1590, which agreeth with the foresaids other foure books and registers, in so far as is extant in them, and further recordeth what is wanting by them, passing by what is mutilate in them, and which with the two volumes produced by Master Thomas San- dilands from the year 1590, to this present, maketh up a perfect register.

I. For the first two volumes subscribed by John Gray, albeit it be not necessar in such antiquitie to proove that he was Clerk, seeing he designs himself so by his subserip- tion, yet the same is made manifest by an act mentioned in the third book, in the time

APPENDIX. XXV

of Master James Richie, who succeeded him in the said office, and his hand-writ was acknowledged by sundry old men in the ministery.

II. The uniformitie of his subscriptions through both volumes, evident by occular inspection above the ordinarie custome of most famous Notars, delivers the same from all suspicion, in facto tam antiquo.

III. There be many coppies, specially of generall acts, yet extant, which do not de- bord from the saids registers, but are altogether agreeable thereto.

IIIT. It is constant by the universall custom of this Kingdome, that all registers are transmitted from one keeper to his successour, and so comming by progresse and succession from the first incumbent to the last possessour, are never doubted to be the registers of that judicatorie, whereof the last haver was Clerk; and therefore it is evident, that these books comming successively from John Gray, Master James Richie, and Master Thomas Nicolson, who were all Clerks to the Assembly, into the hands of Master Robert Winrame, who was constitute Clerk depute by the said Master Tho- mas Nicolson (as his deputation here present to show, will testifie) are the undoubted registers of the Assembly: like as Alexander Blair succeeded the said Master Robert in his place of Clerkship to the assignations and modifications of Ministers stipends ; and during Master Robert his life-time, was his actuall servant, and so had the said books by progresse from him, which the said Alexander is readie presently to testifie.

V. The two registers of Master James Richie, albeit not under his own hand, yet are frequently margined with his own hand-writ, and the same marginall additions sub- scribed by him, which hand-writ is seen and cognosced by famous men, who knoweth the same, and is evident, being compared with his severall writings and subscriptions yet extant.

VI. The saids registers are more perfect, lesse vitiated, scored, and interlined, than any other authentick and famous registers of the most prime judicatories within this Kingdome.

VIL. Master Thomas Sandilands, in name of his father, who was late Clerk by dimission of Master Thomas Nicolson, hath produced a yolume, which proveth the saids two registers of Master James Richie to be sufficient records; because that same volume is begun by that same hand, whereby the said Master James Richie his regis- ters are written, and is subscribed once in the margine by Master James Richie his hand, and is followed forth, and continued in the same book by Master Thomas Nicolson, who succeeded him in the place, and was known by most men here present to be of such approven worth and credit, that he would never have accomplished a register which had not been famous and true: and whereof the hand-write had not then been known to him sufficiently.

VIIL. That Register produced by Mr Thomas Sandilands, and prosecuted by Mas- ter Thomas Nicolson, proves the first part of that register to be true and famous, and that first part being by ocular inspection of the same hand-writ, with Master James

ad

XKXVI APPENDIX.

Richies registers, and subscribed in the margine with the same hand-writ, proveth Richies two books to be good records, and Richies registers doth approve Grays books by the act of Assembly before written: specially considering the same hath come by progresse and succession of Clerks, in the hands of Alexander Blair, now living, and here present.

IX. The compts anent the thirds of benefices between the Regent for the time, and the Assembly, in the second volume, page 147, are subscribed by the Lord Regents own hand, as appeareth: for it is a royall-like subscription, and there is no hand writ in all the book like unto it, and beareth not Sic subseribitur, which undoubtedly it would do, if it were a coppie.

X. Master James Carmichell was commanded by the Generall Assembly 1595, Sess. 9. in the book produced by Master Thomas Sandilands, to extract the generall acts forth of their books; and it is evident that these books are the same which he perused for that effect, because he hath marked therein the generall acts with a crosse, and hath designed the act by some short expression upon the margine, which is cog- nosced and known to be his hand-writ, by famous and worthy persons: which is also manifest by the said Master James his band and subscription, written with his own hand in the last leafe of the said books ; as also acknowledged in the said book, pro- duced by Master Thomas Sandilands, wherein the said Mr James Carmichell granteth the receipt of these, with some other books of the Assemblies.

XI. The registers produced, are the registers of the Assembly, because in Anno 1586, the Assembly complaincth that their registers are mutilate: which hath relation to Richies third book, which is lacerate and mutilate in divers places without any in- terveening of blank paper, or any mention of hic deest.

XII. If these were not principall registers, the enemies of the puritie of Gods wor- ship, would never have laboured to destroy the same: which notwithstanding they have done ; as appeareth by the affixing and battering of a piece of paper upon the margine, anent a condition of the commission not to exceed the established discipline of this Kirk, subscribed by the Clerk, book 3, page 147. And the blotting out the certification of the excommunication against Bishop Adamson, book 4, page 30, who in his Recantation generally acknowledgeth the same: but which, without that recan- tation, cannot be presupponed to have been done, but by corrupt men of intention to corrupt the books, which were not necessary, if they were not principall registers.

XIII. In the Assembly 1586, the Church complained upon the Chancelour his retention of their registers, and desired they might be delivered to their Clerk, which accordingly was done; as a memorandum before the beginning of the first book, bear- ing the redeliverie of these foure books to Master James Richie, Clerk, proporteth ; which clearly evinceth that these foure books are the registers of the Assembly.

XIII. The said fifth book and greatest volume, is also marked on the margine, with the hand-writ of the said Mt. James Carmichell (which is cognosced) who was appointed to peruse the books of the Assembly as said is, and would not have margin-

APPENDIX. XXVII

ed the same by vertue of that command, nor extracted the generall acts out of it, if it were not an approbation thereof, as an authentick and famous book.

XV. The said fifth volume doth agree with the other foure books, in all which is extant in them, and marketh the blanks, which are lacerate and riven out of the same ; and compleateth all what is lacking in them.

XVI. In the book of Discipline pertaining to Master James Carmichell, subseribed. by himself, and Master James Richie, there are sundry acts and passages quotted out of the said fifth great volume, saying, It is written in such a page of the book of As- sembly, which agreeth in subject and quotations with the said fifth book, and cannot agree with any other; so that Master James Carmichell reviser of the Assembly books, by their command, would not alledge that book, nor denominate the same a book of the Assembly, if it were not an authentick famous book.

XVII. Though the corrupt nature of man hath been tempted to falsifie particular evidents, yet it hath never been heard that any whole register hati ever been coun- terfeited ; neither can it be presupponed that any will attempt that high wickedness, seeing the inducements answerable to that crime, can hardly be presupposed.

XVIII. It is certain, and notour to all these who are intrusted with the keeping of the publick records of the kingdome, that the same are never subscribed by the Clerk, but only written and filled up by servants, and most frequently by unknown hands, yet they and the extracts thereof make public faith, and the same are uncontroyertedly authentick registers ; and when the most publick registers of the kingdome shall be seen, and compared with these registers of the Assembly, it shall be found that these other registers of the most soveraigne judicatories ever unsubscribed are more incor- rect, oftner margined, scored, and interlined, made up by greater diversitie of unknown hand-writs, than these books of the Assembly, which by speciall providence are pre- served so intire, that in the judgement of any man acquainted with registers, they will manifestly appear at the very sight to be true, famous, and authentick.

XIX. The fame and credit of ancient registers in this kingdome, is so much rever- enced, that if any extract be different or disconforme from the register, that extract, albeit subscribed by the person who for the time had been of greatest eminence in the trust of registers, will be rectified, conforme to the register, and have no force, so far as it debordeth there-from ; although the registers be written with an obscure, un- known hand, and unsubscribed.

ee ee |. ee Bk a

XXVHI APPENDIX.

Il.

In THE GENERAL ASSEMBLY HOLDEN AT EDINBURGH, A.D. 1639.

Sess. 18. 26. August 1639.

ACT APPROVING AN OLD REGISTER OF THE GENERALL ASSEMBLY.

The whole Assembly (upon the report made to them anent the old Register of the Assembly, gotten from Master John Rig) All in one voice approved the said Re- gister, And ordained the same to make faith in judgement, and out-with, in all time coming, as a true and authentick Register of the Kirk of Scotland, conforme to the testimonie subscribed by the Committee, to be insert in the Books of As- sembly: whereof the tenor followeth ;

WE under-subscribers, Forsameikle as the late Generall Assembly holden at Glasgow, gave power and Commission to us, To peruse, examine, and cognosce upon the vali- dity, faith, and strength of the books and Registers of the Assembly, particularly set down in the Commission given to us thereanent: According whereunto we did care- fully view, peruse, and consider the saids Registers, and gave our testimony thereof under our hands, of the validity and sufficiencie of the samine, to the said Generall Assembly. And now having a new Commission given to us from the Generall As- sembly now presently conveened and sitting at Edinburgh, To peruse, examine, and cognosce upon the validity, faith and strength of another Register of the Assembly, which was not set down and recommended to us by the said former Commission, which Register beginneth at the Assembly holden at Edinburgh the sixth day of March 1572, and endeth at the Assembly likewise holden at Edinburgh 1573; We have carefully viewed, perused, and considered the said Register: And being deeply and maturely advised, as in a matter of greatest weight and consequence, do attest before God, and upon our consciences declare to the world, and this present Assembly, That the said Register above exprest, is a famous, authentick, and good Register, which ought to be so reputed, and have publike faith in judgement and outwith, as a valid and true Record in all things, And finds the same to be of the same hand-writ, and subscribed by the same Clerk of the Generall Assembly, as divers of the said other Registers (formerly perused by us) are. And in testimonie of our solemne affirmation we have subscribed these presents with our hands, at Edinburgh the

day of August 1639.

APPENDIX. XXIX

III.

EXTRACTS FROM THE PROCEEDINGS oF THE COMMISSION OF THE GENERAL ASSEMBLY 1651.

Perth, 4 Ja™- 1651. Ante meridiem.

ACT CONCERNING THE SECURING OF THE REGISTERS.

The Commission of Assembly being desyred by my Lord Register in his letter, and by the Clerk, to consider what they thought fitt to doe with the Registers of the Kirk, which for securitie were putt in the Castle of Edinburgh, seing that hold was now surrendered to the Enemie: And they haying taken it into consideration, doe appoynt the Clerk with all diligence to bring the Registers over to this syde of the water, that they may be once out from the enemies hands: And thereafter that he, with advyse of the Moderator and the Lord Register, take some course for their securitie and pre- servation in this tyme of danger; committing it to their special care; and that re- ~port be made thereof at the next meeting. (Minutes, p. 160.)

(Letrer From Sir Arcnipatp Jonnston, Lorp CLERK ReGistrer, ABOVE REFERRED TO.)

Ricut REVEREND,

The parlment commands me to taike their Registars to Stir- ling Castel, tho I think they would be saifer in Dumbarton Castel, or in the Basse, provyding they be weal garrisoned and victualled. I desyre to know the advyyce of the Commission whair to putt the Registers of the Kirk, as may lead most to their preservation and my exoneration: so leaving all vther things to the bearer, I rest, your humble servant,

A. JOHNSTON. Edinburgh, 30th December [1650.}

To the Right Reverend Mr Robert Douglas, Moderator of the Commission of the General Assemblie, at Perth.

XXX APPENDIX.

Sanct Androis, 24 Ja™ 1651. Post meridiem.

ACT FOR SECURING THE REGISTERS.

The Commission of the Generall Assembly vnderstanding by the Clerk that the Kirk Registers which were in the Castle of Edinburgh, were now brought to this side of Forth, according to a former order; and that it is the earnest desire of the Lord Re- gister by his letter, and of the Moderator and Clerk, to whom the care of securing them was committed at the last Meeting: That now the Commission would themselves prescryve what they thought fitting to be done for their security and preservation in this tyme of danger: Therefore they doe appoynt them to be putt in the Basse, to be preserved there; and the Laird of Wauchton, to whom that strength belongs, being personallie present, most gladlie offered to receave them, promissing his outmost care to secure and preserve them from all danger. (Minutes, p. 212.)

FALKLAND. 23 Aprile 1651. Post meridiem.

ACT FOR THE Kirk REGISTERS.

The Commission of Assembly having heard by the Clerk, that according to their former order, he had putt the Kirk Registers in the Basse; onlie the great volume, which is a double of sundrie of the old Registers, he had not putt there by the advise of the Lord Register, conceaving it was more fitting, sieing it was a double, and made an authentick Register at Glasgow, that it should rather be putt in some other sure place, than to be keeped in the same place with the remanent books and registers. The Commission of the Assembly being verie glad and well satisfied that the Regis- ters were now, in this time of trouble and danger, in the Basse, doe approve well thereof, and of the advice given by the Lord Register, and the course taken by the Clerk, for keeping that great volume, which is an authentick double of the Acts of diverse Assemblies, from the remanent Registers, to be putt in some other sure place : And do appoynt the Clerk to putt the same in Dunottar, to be keeped there safely : And that the Moderator speak or writt to the Earle Marschall, that his Lordship may

be pleased to give order for receaving and securing thereof in that place carefullie. (Minutes, p. 317.)

APPENDIX. XXXI

LY.

EXTRACTS FROM THE PROCEEDINGS OF THE SyNop or LOTHIAN AND TWEEDDALE, 1593—1595.

Art tue Synop or LoTHIAN AND TWEDDALE, HELD AT DaLkeitu, 3 Aprin 1593, Sess. 38% iiij Aprilis 1593. TRYELL OF THE PRESBYTERIE OF HADINGTONE.

Item being accusit that sum of thair brether, and in speciall, Mr James Carmichel, had nocht made the exerceis sen the last Assemblie, answerit: That Mr James was continewellie burthenit with the common cause of the kirk, quhairunto be the kirk he was employit. The Assemblie, (i. e. The Synod) finding his imployment in the com- mon turnis to haif drawin him away from the discharge of his awin calling, dischargis the said Mr James of the samin, and ordains that he awaitt vpon the cure of the kirk of Hadingtone.

Ordanis Mr James Carmichel to collect the Acts of the Generall Assemblie, that euerie brother may haif the copie of thame.

At Tue Synop, &c. at EprnpurGu, 2p OcToner 1593.

Sess. 5 3 Octobris.

Anent the ordnance maid in the former Assemblie, ordaining Mr James Carmichell, according to his promeis, to collect the Acts of the Generall Assemblie, that euerie brother may hawe the copie of thame: And the brether of that Presbyterie [of Hadingtone] reporting that thai vnderstand Mr James to be diligent in that wark, it is ordanit that thai trawell with the said Mr James to perfyte the wark.

At Tue Synop, &c. aT Dunbar, 3p AprRivis 1594. Sess. 3“*- 3 Aprilis.

Anent the ordnance maid in the last Assemblie, ordaining the brether of the Pres- byterie of Hadingtone to trawell with Mr James Carmichell, for collecting the Acts of the Generall Assemblie: According heirunto the said brether declaring that thai had trawellit with the said Mr James, quha had the said Acts in reddines: It is ordanit that he present thame to the Presbyterie of Edinburgh.

XXX APPENDIX.

AT THE Synop, &c. AT EDINBURGH, OcTOBER 1594.

Sessio 3%: 2 Octobris.

Anent the ordnance maid in the former Assemblie, ordaining thair brother Mr James Carmichael according to his promeis to have the extract of the Acts of the Gene- ral Assemblie and to present thame to the Presbytrie of Edinburgh. According here- vnto the said Mr James declairing that the said Acts wer in reddines gif he had the help and assistance of a wryter to help him in the wark. The Assemblie appointis the brether Thomas Greg and Daniel Vallace to assist and help the said Mr James in

vryting and thairefter that the said Mr James present the said Acts to the Presbytrie of Edinburgh betuix and Februar nixt.

AT THE Synop, &c. AT MussinpureGn, Aprit 1595.

Sessio 3* 2 Aprilis.

Anent the ordnance maid in the former Assemblie ordaining Mr James Carmichell to perfyt the wark begun be him concerning the extracting of the Acts of the Generall Assemblie. According heirvnto the said Mr James declaring that he had perfyttit twa warks, the thrid remanit, quhilk he producit before the Assemblie. Quhilk being sichtit, It is ordainit that he do quhat lyis in him to perfyte the haill wark betwix and the nixt Generall Assemblie, and for this purpos the brether appointit in the former Assemblie to assist him in vryting.

AT THE Synop, &c. AT EDINBURGH, OcTOBER 1595.

Sessio 4% (9 October.)

Anent the ordinance maid in diuers assemblies of before ordaning thair brother Mr James Carmichell to perfyte the wark begun be him concerning the extracting of the acts of the Generall Assemblies. According heirynto the said Mr James being inquyritt quhat he had done in the said wark, declairit that as yet he had not perfytit the same, the Assemblie desyritt that he wald do quhat lay in him to perfyte the same ; and hes appoyntit thair brether Thomas Greg and Daniel Vallace to help him in yryting.

APPENDIX. XXXII

¥,

EXTRACTS FROM THE PROCEEDINGS OF THE SeLect CoMMITTEE OF THE House or Commons on Courcu ParronaGe, 1834.

Mercurii, 23° die Aprilis, 1834.

Resolved,—That Mr. A. Johnston, the Reverend Dr. Lee, the Reverend Dr. Welsh, Mr. James Chalmers, of London, and the Reverend Principal Macfarlane, be request- ed to proceed to Sion College, London Wall, for the purpose of inspecting the books presented to the trustees of that College by the late Mr Campbell, and to report to this Committee if in any or in what degree, these books afford information connected with the inquiry on Church Patronage in Scotland.

(signed) Geo. Sinclair, Chairman.

Veneris, 25° die Aprilis, 1834.

The Rey. John Lee, D.D., again called in; and examined.

Since I had formerly an opportunity of giving evidence before the Committee, I have had access to the Records of the Church of Scotland in Sion College, London, and I am fully satisfied that those volumes (which I am quite certain are authentic records) contain a great mass of information in a more complete and certainly in a more cor- rect form than anything that has been exhibited in any of the publications upon the subject which I have ever seen. In particular, I may state that there are some of the proceedings of the Assembly, or rather Convention, of 1562, which haye for at least 100 years been a matter of dispute ; one entry has been quoted by several authors with relation to the Bishop of Galloway, Mr. Alexander Gordon, who, it is said by Calderwood, was refused admission to the office of superintendent because he had not observed the order of calling superintendents, and in the meantime was required to subscribe the Book of Discipline. That any such order was communicated to him has been strongly denied by some of the controversial writers upon the subject, and not without reason, because the book, which in Scotland was looked upon as the transcript of an authentic record of the Church, does not contain any such fact.

¢

XXXIV APPENDIX.

At the same time, I may now state with confidence, that this particular is inserted in the Record of the Church, though not by any means in the form in which it has been quoted by different writers. I perceive that there are other entries on the same sub- ject which are much more detailed in those volumes than they are in any of the books in the possession of the Assembly ; but from the short time during which I had an opportunity of inspecting the volumes, I cannot be expected now to furnish any par- ticulars of importance. I merely refer to these books as sources from which authentic information may be derived.

At what period does the date of that book commence, and to what period does it extend ?—It consists of three volumes; the first begins with the first General Assem- bly of the Church of Scotland in 1560, and ends in the year 1589; it contains nearly 1,300 pages, each of which is more crowded with matter than a page of this book which I now hold in my hand, and the number of pages in this book, extending to the same period, is about 380. The second volume begins with the year 1590 and ends in March 1596, or according to our present computation, 1597. The third be- gins with May 1597, and ends in August 1616. These books embrace the whole period between 1560 and 1616. Here is an abstract of the contents of the whole books made before they were deposited in Sion College; it contains a fac-simile of the man- ner in which the books are attested both at the beginning and end.

Can you produce the Report of the Committee appointed to inspect the books be- longing to Sion College ?—This is the Report, which I now beg to give in.

[ The Witness delivered in the same, which was read, as follows :}

London, 24 April 1834.

In obedience to the order of the Committee of the House of Commons on Church Patronage, Scotland, we have this day, within the Library of Sion College, London Wall, inspected three books, in manuscript, bearing to be records of the proceedings of the General Assembly of the Church of Scotland, from 1560 to 13 August 1616. We have also read the deed of agreement, by which said books were gifted by Mr. Archi- bald Campbell to the trustees of Sion College; and we crave leave humbly to report, 1st, That in our opinion, these Records are the genuine and authentic register of the proceedings of the General Assembly of the Church of Scotland, for the above period ; and, 2d, That they contain much information connected with the enquiry on Church Patronage in Scotland.

And” Johnston. John Lee. D. Macfarlan. Ja. Chalmers.

Perhaps I may be allowed to state in addition, that the Committee were at pains to compare the earliest and most important volume with a document which I formerly produced before the Committee, containing, along with other matters, the Book of

APPENDIX. XXXV

Discipline, which belonged to Mr. James Carmichael, minister of Haddington. This document is referred to in the Acts of the General Assembly, 1638, in which the reasons for considering that earliest volume an authentic register are inserted; and

not only did the book appear to be in the hand-writing which is stated in the Acts of

the Assembly to be at least partly found in it, but it likewise contained passages which are there said to be found in particular pages marked by Mr. James Ritchie, the Clerk of the Assembly. The passage is very remarkable, but it would detain the Committee perhaps to mention it, though if any report is to be given upon the sabject it might be material. It is stated in the printed Acts of the General Assembly, 1638, that what is called “the 5th book and greatest volume is marked on the margin with the hand-writing of Mr James Carmichael, which is cognosced, who was appointed to peruse the books of the Assembly, and would not have margined the same by virtue of that command, nor extracted the general acts out of it, if it were not in approba- tion thereof as an authentic and famous book. In the Book of Discipline pertaining to Mr. James Carmichael, subscribed by himself and by Mr. James Ritchie, there are sundry acts and passages quoted out of the said 5th great volume, saying it is written in such a page of the Book of Assembly, which agreeth in subject and quota- tions with the said fifth book, and cannot agree with any other; so that Mr. James Carmichael, reviser of the Assembly Books by their command, would not allege that book, nor denominate the same a book of the Assembly, if it were not an authentic famous book.” Now this little volume to which I have referred contains references to pages 839, 873, and 828, all of which on comparison were found to correspond with that earliest record.

Have you any further particulars to communicate collected from the inspection of the books at Sion College ?—No, I think that nothing occurs to me, except that the second and third volumes are subscribed in a hand-writing which is well known to me, that of Thomas Nicolson, who was long Clerk of the Assembly; and on a former occasion I had an opportunity of comparing the hand-writing of that individual with the hand-writing which is upon these two volumes. ;

Veneria, 2° die Maii, 1834.

The Rev. Robert Watts, junior, called in and Examined.

Have you any communication to make to the Committee with regard to the order that was transmitted for sending the books at Sion College to this Committee ‘/—I was directed to give the Committee this paper for their inspection.

XXXVI APPENDIX.

[The Witness delivered in the same, which was read, as follows :]

At a Meeting of the Governors of Sion College, holden on Thursday, the First day of May 1834; Present—The Rey. Mr. Burgh, President ; Mr. Bellamy, \ Dene. Mr. Saunders, ; Mr. Beresford, Assistant:

The Secretary stated, that he had summoned this court in consequence of the Rey. Robert Watts, junior, Assistant Librarian having received a summons from a Select Committee of the House of Commons on the Patronage of the Church of Scotland, to produce the three volumes of the Book of the Church of Scotland, gifted by the late Mr. Archibald Campbell, and also the deed of gift of the said books.

Upon which the Court took this matter into their consideration ; and the deed of gift being read,

It was resolved,

That this Court are extremely anxious to comply with the order of the Committee of the House of Commons, so far as is consistent with the trust under which they hold the books, and are therefore willing that any inspection of them should take place, and that a transcript should be made of the said books by such persons as the Committee may appoint, but that the deed of gift expressly restricts them from part- ing with the custody of the books themselves.

That the Rev. Mr Watts, junior, do attend the said Committee to-morrow, and produce to them the deed of gift; and humbly express to them the opinion of this Court, which has been corroborated by that of Sir Nicholas Tindal when solicitor- general ; and that this Court trust the Committee will not compel them to part with the custody of the manuscripts, in express violation of their trust.

Have you any thing further to state to the Committee upon this subject ?—With regard to the deed of gift, just at the conclusion of it, the Committee will observe, that the copies are directed to be made in the Library; that is the part upon which the directors found their desire not to give them up. It is implied, at least their legal advisers say so, that they are not to let them go out of the Library.

[The Witness withdrew.]

The Witness was again called in, and informed that the Committee had re- solved that the books should be produced on Monday next.

APPENDIX. xxXxVUI

Lune, 5° die Maii, 1834.

The Rev. Robert Watts, Junior, called in, and further examined,

Will you produce the books which you were ordered to produce on the last occa- sion ?—These are the books.

Will you have the goodness to state what those books are which you produce ?— Manuscript Records of the Kirk of Scotland.

How many volumes are there, and of what date ?—Three volumes ; from 1560 to 1619.

[ The same were delivered in.} [The Witness withdrew.}

The Witness was again called in and informed, that the Committee wished the books to lie upon the Table for their inspection, and that the Committee would send to him when they wished them to be returned.

XXXVIII APPENDIX.

VE

THE FOLLOWING LIST OF THE ORIGINAL Books OF THE GENERAL ASSEMBLIES OF THE CHURCH WILL SERVE TO EXHIBIT IN ONE VIEW THEIR DATES AND HISTORY.

; ih 2 ae hi ne fi sop, p Produced in 1638 by Warriston. . March 6, 1572 — March 6, 1573. Produced in 1639 by Rigg.

. Aug. 7, 1574 — July 1579. . July 12, 1580 — Oct. 1583. . May 10,1586 — March 1589. Aug. 1, 1590 — May 17, 1597. . March 7, 1597 — Aug. 13, 1616.

\ Produced in 1638 by Warriston.

OAIBAMNP Wd eH

} Produced in 1638 by Sandilands.

Of these eight Original volumes, the four recovered by Warriston and produced to the Assembly 1638, viz. the first, second, fifth, and sixth, and that produced by Rigg in the Assembly 1639, being the third of the series, have not been traced beyond their transfer from the Bass to the Tower of London. Of the fourth original volume, no trace whatever has been found. In the Assembly 1638, it was evidently conjectured or supposed to be in the possession of Archbishop Spottiswood. The two original volumes, viz. the seventh and eighth, obtained by Sandilands from the Archbishop, and produced to the Assembly 1638, together with the large duplicate volume, re- covered by Warriston, were certainly those ultimately destroyed in 1834.

APPENDIX. XXXIX

Vil.

DocUMENTS REFERRED TO IN THE PREFACE, PAGE Ix.

1.—Letter FroM Mr WILLIAM Grant OF PRESTON-GRANGE, PROCURATOR OF THE Cuurcu, May 3, 1733.

To the very Reverend Moderator of the General Assembly of the Church of Scotland at Edinburgh.

REVEREND Sir,

The Commission of the last General Assembly, by their Act of the fourteenth of March last, did appoint me to take a view of a Manuscript of the old Acts of Assembly, and if I judged them true and authentick, to cause the same to be transcribed.

In obedience to this appointment, I have several times viewd the Mss. and con- ferred with Mr Campbel, the Proprietor of them; but neither can I take upon me to judge whether they are true or authentick, tho to be copyed I think they would well deserve. But the Gentleman insists on other conditions than were at first explained or made known to the Commission, or to me till I saw him here. All therefore that I can do, is to explain as well as I can at a distance, what these Mss. are, and upon what terms we can have the Mss. or a Copy of it; and then the General Assembly may judge what shall be done.

To give you some view of the contents of these Books, which are three Volumes, one greater, and two smaller, and all in Folio, I have employed one to take a note of the several Assemblys, their date of commencement, and number of Sessions, and the time appointed for the meeting of the next Assembly, as oft as that is found in the Mss. And a great part of this Abstract I have myself compared, and corrected by the Mss. itself, and the rest caused to be done by another than the transcriber. He has likewise set down the words prefixed and subjoined to the great Volume, which appears to be signed by A. Johnstoun of Waristoun; and the Title prefixed to the 2d Volume; and the names of Moderators; and the places where subscriptions ap- pear in the Mss. This was the best view that I could think of giving, such as could be sent in a letter. Any account or abstract of the contents or matters of the Acts themselves would have been bulky, and required time to prepare.

The subscriptions appear to me to be true and original. Those of Waristoun to the first Volume I compared with three other authentic Subscriptions of his, fur-

/

XL APPENDIX.

nished by his son the Secretary; and with these the Mss. agrees, except in the (hon) h*, which is thus writ in the Book, tho the others have no such tail subjoined; yet the air and appearance agree together; and perhaps that singularity was added to his Office-Subscriptions, to distinguish these from his ordinary ones. The other two Volumes are both signed by T. Nicolson; but I had nothing to compare these with, tho they have likewise the appearance of originals. ’

Such are these Mss. and upon them the Hon. Mr Archibald Campbell, the owner, sets a very high value; and declares his resolution, that if he shall not part with them, or publish them in his own lifetime, he will take care that they shall be carryed out of this Kingdom, where they cannot be come at, after his decease.

His present Resolutions and demands are these :

That in case encouragement shall be given for printing the Mss. he will then allow it to be copyed in order to Publication, and not otherwise.

That the General Assembly shall be at the charge of making a Copy for the Press, which will cost about £30 Sté.

That being published, the General Assembly may retain the Copy that shall be so made, and collated with the Original ; and shall further have the refusal, or first offer of the Original Mss, itself, they being willing to give him the same price for it, that he can get from any other person.

What will be encouragement sufficient for printing it, you’l see by Mr Millar the Bookseller’s Proposal; and it is in case 300 Subscriptions shall be obtained in Scotland.

At the same time, it is not meant or desired that the Publication should be by authority of the Church, as if these were cognosced and judged authentick Registers ; but merely as the act of the private Proprietor of the Mss.

Mr Campbel thinks, that for the Mss. itself, even after it is printed, he can get a hundred Pounds St.

Thus I have laid before you the ease as it stands, and shall not presume to offer any opinion. The Mss. appears to be valuable, and well worth having, either the Principal, or an Authentick Copy, if it could be had on reasonable terms. And the question to be determined is, Whether the value of this, or the difference betwixt this and such other Mss. as we have already in Scotland, be worth the purchasing on the terms above mentioned.

I am, with great respect, REVEREND SIR, Your most Humble and most Obedient Servant,

WILLIAM GRANT. London, May 3d 1733.

* See fac-simile of Wariston’s signature, page XLVI.

APPENDIX. XI

2.—Proposats ror Priytine py Sunscription—Tue Acts or Tut GENERAL As- SEMBLY OF THE CuuURcH OF SCOTLAND FROM THE REFORMATION TO 1616 INCLUSIVE, IN 2 Vous. In Foro.

I. This Book will contain about 200 Sheets, and will be printed on a good Paper and Letter.

IL. The Work shall be put to the Press so soon as 300 Copies are subscribed for, and it shall be Published in Six Months after such a number is procured.

Ill. The Price to Subscribers to be 2d PY Sheet, but as the number of Sheets it will make is uncertain, half a Guinea is proposed to be paid down, and the Remain- der on the Delivery of a Book in quires.

IV. Those who subscribe for Six shall have a Seventh Gratis.

N.B. The Names of the Subscribers shall be Printed before the Work.

Subscriptions are taken in by And* Millar Bookseller, against St Clement’s Church in the Strand, London: and by Gavin Hamilton, Bookseller in Edinburgh.

3.—Mr Woprow’s Letter anent Reoisters. Ocr. 29, 1733.

Dear Sir,

Yours of 10 did not reach me till the 17. I have carefully perused all the Papers you so kindly send me, and have collated the Table which I see hath 2 or 3 errors in it,—John Hay for George Hay, and some others. The abstract gives some more light ; but if it had noticed the first and last words of every Session, it would have afforded much more.

Now I am satisfied, The Record in Mr Campbells hands, is distinct and a different copy from these we have in Scotland: But whether the differences be so considerable betwixt them as to answer the high price he setts on his Mss. I cannot yet judge. Indeed I hesitate much upon it.

Before I come to give you the deffects I observe in my eopy, which I suppose agrees yery much with that Dr Fraser sent down, and the 5 or 6 others we have, let me observe from the printed Acts of Assembly 1638, p. 3. line last. Fol. edit. that at that time there were many copys specially of General Acts then extant, which they say agree with the Registers which they are proving to be authentick. Of this kind I take our present copys to be. These Acts of general use were appointed to be ex- tracted by Mr Craig and others about 1592: But whether our copys be that extract I cannot say. They seem to be very large, and contean many things as to particular persons, one would think are of no general use.

The observations that offered themselves to me, upon collating the large Abstract

————

XLII APPENDIX.

and short Table with my copy are these. The adjournments in the Record are pretty often wanting in the copy. The Moderators alwise agree. The Title of the Assemblys differs more in words then in sense as far as the Abstract goes. The Re- cord generally leaves out Superintendants, Ministers, and Commissioners from Shires and Countrys, which is pretty often in the Title of the copy. Two things make the Table the more useless to me in this collation. The Copy pretty often agrees in the number of Sessions; but then it leaves severall of them. It will have Sess. 1&3 4&6. and yet they agree in the totall number; and its probable from the Abstract 1562, that Sessions in one Assembly are putt together, without numbering; and perhaps the Table is taken from the last number of the Record, and may want some of the intermediat Sessions. Some of the differences I have observed between the Record and Copy are as follow. Ass. 1563, Decr. 25, Session 2d is wanting in the Copy. — 1564, June 25, Session 3d is wanting in the Copy. In both these the Mss. Calderwood hath extracts which the Copy wants. From this and Calderwoods numbering every Assembly exactly the same way with the Table, I guess Calderwood hath made his extracts from the Records. Ass. 1567, July 21. Sessio 4 & 5 wanting in the Copy. Calderwood hath extracts out of the 5 Session. Ass. 1567, Dec. 25. 6 & 7 Sessions wanting in the Copy. Calderwood hath extracts from both. Ass. 1568, Feb. 25. The dates of the dayes of the Sessions differ, and the Copy wants Sess. 6. which Calderwood hath extracts from. Ass. 1569, July 4. Sessio 4 is wanting in the Copy. Calderwood also hath extracts from it. Ass. 1569, March 1. The Copy wants Sess. 4 & 5. 6. which Calderwood also gives extracts from. Ass. 1570, July 5. Sess. 6, is wanting in Copy. — 1570, Mar. 5. Sess. 6, is wanting in Copy. — 1570, (1571) Aug. 6. Sess. 3 & 4 wanting in Copy. — 1571, Jan. 12. Sess. 4, 5, 6, wanting in Copy. — 1571, March. Sess. 4 wanting in Copy. — 1572, August. Sess. 4 wanting in Copy. — 1572, March 6. Sess. 2, 4, 5, wanting in Copy. Calderwood gives extracts of some of these, but not alwise. About this time Bishop Adamsons lacerations begin. Ass. 1572, August 6. Sess. 4 & 5 wanting in Copy. — 1573, March 6. Sess. 2, 4, 6, wanting in Copy. — 1574, August 7. Sess. 4 & 5 wanting in Copy. Here the Abstract ends. I doubt the Table is not so exact. Houever in what fol- ows, I nottice these differences.

APPENDIX. XLUI

Ass. March 1574. Copy wants Sess. 2, 3, 4, 5, 6, 7. This Limagine is one of Adamsons tearings.

In severall Assemblys the Record hath a Session or 2 more than the Copy, as Ass. 1575, 1578, 1583, 1587, 1591, 1600.

Ass. 1610, The Record hath 5 Sessions. The Copy hath no distinction.

Ass. 1616, Record hath but one Session. Copy hath 18 Sessions. Neither Record nor Copy have the Assembly at Perth 1618. Calderwood hath it.

Upon the whole, I am ready to think, that the differences are not very great be- tween the Record and our Copys; and that Calderwoods Mss, will very much supplye these deffect of this. I shall be in better case to write when I collate my Copy with Calderwoods Mss. as [ incline to doe this winter, if I recover my further strenth, which is but uncertain, severall lesser tumors rising upon my breast.

Under your correction, and the Committys that have this matter before them, I shall offer my present thoughts upon the whole.

The Great Book now in the Honorable Mr Campbells hands, in my opinion, is the 5 Register which is named Act. Ass. 1638 p: 2: called the Greatest Volume, and declared free of all prejudice and suspicion, and to be received with eredite, as mar- gined by the hand write of the Clerk, and agreeable to the 4 preceeding Books. At tirst when I read the Abstract you sent me, and observed in your letter that S. Sub- scribitur is not added to Gray’s subscriptions, as in my Copy, I inclined to think this volume to have been the 4 volumes mentioned by the Assembly 1638 bound up in one. But besides Lord Warriston’s declaration, that this is the Great Book, that is the Greatest of the 5, and the 5th Register, the division of the Tomes in the Table doth not agree with the volumes mentioned in the Acts of the Assembly 1638. You will see page 2d, that the 2d Register and 2d Tome in the Table end Assembly, August 1572. And the 3d Register lying before the Assembly 1638, con- teans the Assemblys from 1574—1579, which is the 4 Tome of the Copy in the Ho- norable Mr Campbells hands. And in the Registers before the Assembly 1638, there is a gap between 1572 and 1574, which youl see by the Table is made up in Mr Campbels Record, Tome 3d. So that its impossible this Record can be the same with the 4 volumes lying before the Assembly 1638, and declared to be famouse, authentick and good Registers by them: Besides in the Table the 5 Tome conteans the Acts of Assemblys from 1579 to May 10, 1586, which are wanting in the 4 vol- umes of Registers before the Assembly 1638: And so this greater volume conteans these years which were not in the authentick Registers; and then the 6 Tome comes in as the 4 volume of Registers before the Assembly 1638: So that I am pretty posi- tive this Record is not the authentick 4 volumes of Registers, but the greatest volume the Assembly 1638 speaks of. All which is confirmed from the description given, Acts of Assembly 1638, p. 3. medio, “ That this greatest volume conteans the Acts from 1560—1590, and agrees with the 4 Books and Registers, as farr as is extant in

Se See eee

XLIV APPENDIX.

them ; and further recordeth what is wanting by them, passing by what is mutilat in them ;” that is Bishop Adamsons tearings.

These remarks, I think, settle the point, that Mr Campbells Record is not the Principal Authentick Acts before the Assembly 1638, but a Copy of them signed on the Margine by Mr James Ritchie, the Clerk, and copied by his servant, which are declared by Assembly 1638 to be conform to the Registers, and free of all suspicion, and deserving credite.

When I am upon this, youl be pleased to inspect the Copy Dr Fraser sent doun to Colledge, and particularly the subscription. I mind on my transient view of it, its signed Nicholson: But I dont mind, whether it be James Nicholson or Thomas Nicholson. If Thomas Nicholson, I make little question but its a Copy taken off the originals then in their hands, by that Gentleman who was 3d Clerk to the Assembly. If James Nicholson, he was Moderator of the Assembly 1595; and it may be, hath been a copy taken for his use at that time. You can only judge of this by oceular inspection.

However this be, I am of opinion, this ought to be signified in your correspondence with the Honorable Mr A. Campbell, that his Record is not the original Registers before the Assembly 1638 ; but only the Greater Book, which is declared worthy of credite : because they collated it with the Original Records. This ought at least to bring doun his very high demands, for his Mss. the wanting of S. Subscribitur to Grayes subscription will not ballance what is above, and might be a slip of the Transcriber.

Allow me only to add, that before you can deal with Mr Campbell to any purpose, either your Copy taken off Dr Fraser’s must be sent up to London, to be carefully collated by some body of sense with Mr Campbells Record, and the differences care- fully marked ; at least the first sentence and last of every Session that your Copy wants, should be sett doun, if Mr Campbell will allow: or Mr Laudon, or any youl imploy, must go through your Copy, and give the Assemblys with their dates, and the first and last words of every Session, with the first and last words, or at least the Tittles of the Principal Papers conteaned in the different Assemblys. For instance, Assembly, April 24, 1581, the 2d Book of Discipline is insert. Assembly, May 10, 1586, a list of Presbitrys through Scotland is insert. Assembly 1590, Agust 4, the list of the members of Assembly are insert. By this collation Mr Campbell will not be wronged, and you will be in ease to judge the true value of his Record.

When this is done, if the difference be but trivial between our Copyes and his, and especially if we can make them up from Calderwoods Mss. History, I cannot say I would be for giving him above 40 or 50 Pound for his Record, since he will see our Copys are not farr short of it. So much, had we money to give, I wish were given to have one of the Registers approven by the Assembly 38.

If it come out otherwise, then other methods must be taken with an old poor man

. APPENDIX. XLV

not very friendly to our Constitution, and in his oppinions already farr gone over to Rome.

In no case I would be for printing the Record, except it were revised by a Com- mitty named by the Assembly ; and such things as are not of general use be left out. I gave you my reasons for this when here. There are Acts contradicting one another, and many things unfitt for the public view. And no wonder when the Church was but just emerging from Popish ignorance and confusion ; and it was 20 years before Presbitrys were established ; and 9 before any regulation was made, who should be members ; and generally all came who were Ministers, and well affected to the Reformation, who wer of any rank.

I would be much rather for a collection for the summ that shall be agreed on with Mr Campbell for his 3 volumes. And I hope we are not so low but 2 or 3 hundred Pound might be gathered from Ministers and well disposed persons at Guineas a peice, with a promise of a Copy of the Acts of Assembly of generall use, when the Assem- bly sees fitt by their orders to print them, which I think might be done. And our friend A. Millar, who hath made this discovery to us, should be considered in that matter. I fear the Churches funds are so much embarrassed, that little can be hoped for from them.

If Mr Campbell should be unreasonable in his demands, what offers to me under correction is, that propper hands should be imployed to deal with Secretary John- stoun, that the state of the matter should be laid before him ; and the Churches claim upon these 3 volumes of Records, signified to him; and even our claim upon him as his father’s Representative, for what belonged to the Assembly, and is attested by his father in the Churches name. His claim on Mr Campbell might likewise be urged. In that case, the Secretary might easily deal with Mr Campbell in concert with you here,

All this is proposed in much submission to your better judgement. I only mention these things as hints which may open the dore to somewhat more ripe and digested from you and the Committy which have this matter before them. I know you will take all as well meaned, and make allowances.

Allow me to subscribe myself, D Sir, Your most Humble Eastwood Oct 29 And Aff** Servt. 1733. RO. WODROW,

XLY¥I

’ A TABLE OF THE GENERAL ASSEMBLIES OF THE CHURCH TAKEN FROM THE ORIGINAL REGISTERS, AND REFERRED TO IN THE PRECEDING LETTERS.

“The buik of the vniuersall kirk of Scotland quhairin the Acts and Conclusiones devisit be the Ministaris and Comissionars of the particular kirks thairof are

ae

APPENDIX.

VTL

severally expressed and containid.”

“ This is the great volume aprovin be the general assemblee at Glascou in November 1638.”

ipso GB

A SHort VIEW OR TABLE

Of the Generall Assemblies of the Kirk of Scotland from the year of our Blessed Lord 1560, that she reformed from the Church of Rome, to the year 1617, which was fourteen years after King James the Sixt of Scotland’s Accession to the Crown of England, taken from the original authentick approved Records of the Kirk for 56 years ; in severall of which Assemblies King James was personally present.

Assemblies. Assem. 1, Assem. 2, Conv*. Assem. 3, Assem. 4, Assem, 5, Assem. 6, Assem. 7, Assem. 8, Assem. 9, Assem. 10, Assem. 11, Assem, 12,

Places. Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, St Johnstoun, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh,

Day. Moneth. 20 December 27 May

30 Junij

30 Junij

25 December 25 Junij

25 December 25 Junij

25 December 25 Junij

25 December 25 Junij

25 December

Year.

1560. 1561. 1562. 1562. 1562. 1563. 1563. 1564. 1564. 1565. 1565. 1566. 1566.

Sessions. 3 Sess. 3 Sess. 6 Sess. 6 Sess.

5 Sess. 4 Sess. 6 Sess. 6 Sess.

3 Sess. 4 Sess.

4 Sess.

2 Sess.

4 Sess.

Endis the First Tome.

Moderators.

Mr John Willock. Mr John Willock. John Erskine. Mr John Willock. John Erskine. John Erskine. John Erskine.

Assemblies.

Assem. 13, Assem. 14, Conv". 1,

Assem. 15, Assem. 16, Assem, 17, Assem. 18, Assem, 19,

Places. Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Stirline, Edinburgh, Edinburgh, Edinburgh, Stirling, Leith,

St. Andrews,

Perth,

Edinburgh, Edinburgh, Edinburgh,

Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Edinburgh, Stirling,

Edinburgh, Edinburgh,

Dundee, Edinburgh, Glasgow, Edinburgh,

APPENDIX.

Day. Moneth, Year. Sessions. 25 Junij 1567. 4 Sess. 21 July 1567. 5 Sess. 18 December 1567. 3 Sess. 25 December 1567. 7 Sess.

1 July 1568. 5 Sess.

25 December 1568. 1 Sess.

25 February 1568. 6 Sess, 5 July 1569. 5 Sess. 25 February 1569. 1 Sess. 1 Merche 1569. 11 Sess. 5 July 1570. 6 Sess. 5 Merche 1570. 6 Sess. 6 August 1570. 4 Sess. 12 January 1571. 6 Sess. 6 Merche 1571. 4 Sess. 6 August 1572. 4 Sess. Endis the 2 Tome. , 6 Merche 1572. 7 Sess. 6 August 1573. 8 Sess. 6 Merche 1573. 7 Sess. Endis the 3 Tome. 7 August 1574. 10 Sess. 7 Marche 1574. 12 Sess. 6 August 1575. 7 Sess.

24 Apryle 1576. 7 Sess. 24 October 1576. 8 Sess. 24 Aprile 1577. 9 Sess. 25 October 1577. 13 Sess. 24 Aprile 1578. 10 Sess. 11 July 1578. 4 Sess. 24 October 1578, 8 Sess.

7 July 1579. 10 Sess. Endis the 4 Tome. 12 July 1580. 10 Sess.

20 October 1580. 13 Sess. 24 Aprile 1581. 10 Sess. 17 October 1581. 23 Sess,

XLVI Moderators. Mr George Buchanan. Mr John Row. Mr John Row.

Mr John Willok. Mr John Knox.

Mr David Lindesay. Mr Wm. Christison. Mr John Spottiswod. Mr John Craig.

Mr Robt. Pont.

Mr John Hay.

Mr Gilbert Gardin. Mr Gilbert Gardin. Mr Robt. Hamilton. John Erskin of Dwn.

David Fergusson. Mr Alexr. Arbuthnot. Mr Andrew Hay.

Mr John Duncanson, Ja. ABp. of Glasgow. Mr Robt. Pont.

Mr John Row.

Mr John Craig. MrAlexander Arburnot. Mr David Lindesay. Mr And. Mellvill.

Mr John Row.

Dayid Fergusson.

Mr Tho. Smeton,

Mr James Lawson. Mr Andrew Hay. Mr Robt, Pont. Mr John Craig.

g

XLVIII

Assemblies, Assem. 44, Assem. 45, Assem. 46, Assem. 47, Assem. 48,

Tomus 6. Assem. 49, Assem. 50, Assem. 51, Assem. 52,

Places.

St. Andrews,

Edinburgh, Edinburgh, Edinburgh, Edinburgh,

Edinburgh, Edinburgh, Edinburgh, Edinburgh,

APPENDIX. Day. Moneth. Year. Sessions. 24 Aprile 1582. 14 Sess. 27 Junij 1582. 7 Sess. 9 October 1582. 20 Sess. 24 Aprile 1583. 13 Sess. 10 October 1583. 16 Sess. Endis the 5 Tome. 10 May 1586. 18 Sess. 20 June 1587. 18 Sess. 6 February 1587. 18 Sess. 6 August 1588. 14 Sess.

Moderators. Mr And. Melvill. Mr And. Melvill. David Lindesay. Mr Tho. Smeton. Mr Robt. Pont.

Mr David Lindesay. Mr And. Melvill.

Mr Robert Bruce.

Mr Tho. Buquhannan.

This is the great Volume aprovin be the Gen. Assemblee at Glascou in November 1638.

A. JHonsToN, Cls. Eccl.

Register of the Acts of the Generall Assemblie of the cropes and zeiris of God

53, 54, 50, 56, 57, 58, 59, 60,

Assem. Assem. Assem. Assem. Assem. Assem. Assem, Assem.

61, 62, 63, 64, 65, 66, 67, 68,

Assem, Assem. Assem. Assem. Assem. Assem. Assem. Assem.

Im v° lexxax—laexvari inclusive Be Edinburgh, 4 August 1590. ‘Edinburgh, 2 July VOSA. Edinburgh, 22 May 1592. Dundie, 24 Apryle 1593. Edinburgh, 7 May 1594. Montrose, 24 June 1595. Edinburgh, 23 Merche 1595. Perth, 1 Merche 1596. Dundee, 10 May 1597. Dundee, 7 Marehe 1597. Montrois, 18 Marche 1600. Bruntyland, 12 May 1601. Holyruidhouse, 10 November 1602. Lythgow, 26 July 1608. Glasgow, 8 June 1610. Aberdeene, 13 August 1616.

17 Sess. 18 Sess. 23 Sess. 9 Sess. 18 Sess. 9 Sess. 13 Sess. 7 Sess.

10 Sess. 13 Sess. 9 Sess. 5 Sess. 6 Sess. 8 Sess. 5 Sess. 1 Sess.

Clark depute y’to.

Mr Pat. Galloway. Mr N. Dalgieshe. Mr Rob. Bruce.

Mr David Lindesay. Mr And. Melvill. Mr James Nicolson. Mr Rob. Pont.

Mr David Lindesay.

Tu. NICoLson.

Mr Robt. Rollok.

Mr Peter Blackburn.

Mr Robert Wilkie.

Mr John Hall.

Mr Pat. Galloway.

Ja. Law Bp. of Orkney.

John ABp. of Glasgow.

John ABp. of St. An- drews.

Tu. NICOLSON.

APPENDIX. XLIX

IX.

In Toe GENERAL ASSEMBLY HELD AT GLasGow, 1638.

Act. Sess. 12. December fourth.

THE SIX LATE PRETENDED ASSEMBLIES CONDEMNED.

Anent the report of the Committie, for trying the six last pretended Assemblies: They produced in writ sundrie reasons, clearing the unlawfulness and nullitie of these Assemblies: which were confirmed by the registers of the Assembly, the books of Presbyteries, the Kings Majesties own letters, and by the testimonie of divers old re- verend Ministers, standing up in the Assembly, and verifying the truth thereof. The Assembly with the universal consent of all, after the serious examination of the rea- sons against every one of these six pretended Assemblies apart, being often urged by the Moderatour, to informe themselves throughly, that without doubting, and with a full perswasion of minde, they might give their voices, declared all these six Assemblies of Linlithgow 1606 and 1608, Glasgow 1610, Aberdeen 1616, St Andrews 1617, Perth 1618. And every one of them to have been from the beginning unfree, unlaw- full, and null Assemblies, and never to have had, nor hereafter to have any Ecclesi- astical authoritie, and their conclusions to have been, and to bee of no force, vigour, nor efficacie: Prohibited all defenee and observance of them, and ordained the rea- sons of their nullitie to be insert in the books of the Assembly: Whereof the ten- nour followeth.

REASONS FOR ANNULLING THE PRETENDED ASSEMBLY, HOLDEN AT LiInLITHGOW 1606.

I. From the indiction of it. It was indicted the third of December, to bee kept the tenth of December. And so there was no time given to the Presbyteries, far distant, neither for election of Commissioners, nor for preparation to those who were to be sent in Commission. The shortnesse of the time of the indiction is proved by the Presbyterie books of Edinburgh, Perth, and Hadingtoun, &e.

IL. From the want of a lawfull calling, to these who went to that meeting, seeing they were not at all elected by their Presbyteries, but were injoyned to come by the Kings letters. This also is proved by the forsaids books of the Presbyteries, and by his Majesties letters.

II. From the nature of that meeting, which was only a private meeting, or con- vention, for consultation to be taken by some persons of sundry estates written for, as the Kings letters and the Presbyterie books do acknowledge.

ILIL. From the power of these Ministers who were present Their Presbyteries did limitate them: First, That they should give no suffrages in that meeting as a gene- rall Assembly. Secondly, That they agree to nothing that may any wayes be preju-

L APPENDIX.

diciall to the acts of the generall Assemblies, or to the established discipline of the Kirk. Thirdly, That they should not agree to resolve or conclude any question, ar- ticle, or mater whatsoever, the decision whereof is pertinent, and proper to a free generall Assembly. Fourthly, If any thing be concluded contrary thereunto, that they protest against it. These limitations are clear by the Presbyterie books.

V. The acts of this meeting were not insert in the book of Assemblies, as is evident by the registers.

VI. The next pretended Assembly at Linlithgow, 1608, doth acknowledge the As- sembly, whereof Master Patrick Galloway was Moderatour, to have been the last immediate Assembly, preceeding itselfe: and that Assembly whereof he was Modera- tour, was the Assembly holden at Haly rood-house, 1602. So they did not acknow- ledge that meeting at Linlithgow, 1606, for any Assembly at all. This is clear by the registers of the Assembly, 1608, in the entrie thereof.

REASONS FOR ANNULLING THE PRETENDED ASSEMBLY AT LINLITHGOW, 1608.

I. Manie of the voters in that pretended Assembly had no lawfull commission from the Kirk, to wit, 42. Noblemen, officers of state, Counsellours, and Barrons, also the Bishops, contrare to the act of Dundie, 1597. And one of their caveats. The Noble men were as commissioners from the King, the Bishops had no commission at all from the Presbyteries, for every Presbyterie out of which they came, had their full number of Commissioners beside them, as the register of the Assembly beareth

II. In a lawfull Assembly there should be none but Commissioners from Presby- teries, Burghs, and Universities, and but three ministers at most, with one Elder, Commissioners from every Presbyterie, according to the act made at Dundie, 1597. But in that pretended Assembly, there were foure ministers from the severall Presby- teries of Edinburgh, and Cowper, five from the Presbyterie of Arbroth, as the roll of the said pretended Assembly beareth; whereas there were no ruling Elders sent from Presbyteries, according to the book of policie and act of Dundie.

REASONS FOR ANNULLING THE PRETENDED ASSEMBLY AT GLASGOW, 1610.

I, The Commission of the pretended Commissioners to that meeting was null. 1. Because the election of them was not free, seeing they were nominate by the Kings Letters, as the Presbyterie books of Edinburgh, Perth, and Hadingtoun declare. And the Bishop of St Andrews in his letter to some Presbyteries, required them to send such Commissioners as the King had nominate: Assuring them, that none other would be accepted. This the Bishops letter registrat in the Presbyterie books of Hadingtoun doth cleare. 2. And whereas there were no ruling Elders sent from the Presbyteries to that pretended Assembly, as the roll of Commissioners sheweth; yet there were more ministers from sundrie severall Presbyteries than three, as five from Brechen, five from Arbroth, five from Kirkeubright, seven from the Presbytery of

APPENDIX. LI

Argyl, foure from the Presbyterie of Cowper, foure from Linlithgow, four from Pasley, four from Hammiltoun, foure from Drumfries, foure from Dunkell ; as the register of that Assembly beareth.

II. There were thirtie voters of Noble men and Barrons, beside the pretended Bishops, who had no commission from any Presbyterie, In the fourth Session of this pretended Assembly it is plainly said, That the Noble men and Barrons came to it by the Kings direction.

III. The voting of the commissioners was not free: for by the Kings letter to the Assembly they were threatened, and it was declared that their consent was not need- full to any act to be made there: The King might do it by his own power, yet they were allured to vote by a promise that their good service in so doing should be re- membred and rewarded thereafter.

IV. The principall acts which were made, were set down verbatim in the privie conference, which chiefly consisted of the Kings Commissioners and pretended Bishops, and only read to be ratified in the Assembly.

V. Sundrie ministers then present, do now declare, that they knew the ministers who yoted the wrong way, to have received their present reward, and that money was largely dealt unto them.

REASONS FOR ANNULLING THE PRETENDED ASSEMBLY AT ABERDENE, 1616.

I. There was no election of a Moderatour: but that place usurped by the pretend- ed Bishop of Saint Andrews, as the Register beareth.

II. The indiction of that pretended Assembly was but twentie dayes before the holding of it: so that the Presbyteries and burghes could not be prepared for sending their commissioners : which caused the absence of many Presbyteries and fourtie foure Burghes.

III. There were twentie five noble-men and gentle-men, voters without commission from the Kirk. Mr William Struthers voted for the Presbyterie of Edinburgh, yet had no commission therefrom: The commission being given by that Presbyterie to other three, as the said commission registrat in the books of the Presbytery beareth. And whereas there should be but one Commissioner from every burgh, except Edin- burgh, to the Assembly; at this pretended Assembly, there were two Commissioners from Glasgow, two from Cowper, two from St Andrews: whereas there were no rul- ing Elders having commission from their Presbyteries at that Assembly.

IlII. When the acts of that pretended Assembly were written, the Bishop of St Andrews with his own hand did interline, adde, change, vitiate, direct to be ex- tracted or not extracted, as he pleased, as the scrolls themselves seen doe show; wherefore the clerk did not registrat the acts of that Assembly in the books of As- semblies, as may be easily seen by the blank in the register left for them remaining unfilled.

LI APPENDIX.

THE NULLITIE OF THE PRETENDED ASSEMBLY AT SAINT ANDREWS, 1617.

I. There is no mention of it in the register of the Assemblies, and so no warrand for their commissions, their Moderatour or Clerk.

II. The indiction of it was so informall, that as the scroll declareth, a great part of the Commissioners from Synods, Burrows, and gentlemen, would not be present.

Ill. The Kings Majestie in his letter to Perths Assembly, acknowledgeth it was but a meeting, wherein disgrace was offered to his Majestie.

THI. The former corruptions of the foure preceeding Assemblies had their con- fluence in this and the subsequent Assembly.

REASONS FOR ANNULLING THE PRETENDED ASSEMBLY, HOLDEN AT PERTH, 1618,

I. The Assembly was indicted but twentie dayes before the holding of it: and all parties requisit received not advertisement, as appeareth by their absence. The un- timeous indicting of it, is cleared by the Presbytrie books.

II. There was no election of the Moderatour, as was accustomed to be in lawfull Assemblies ; The register cleareth this.

III. No formal election of their new Clerk.

IIII. There were five whole Dyocies absent, viz. Orkney, Cathnes, Rosse, Argyll, and Isles: and many Presbyteries had no Commissioners there, as the register of that pretended Assembly beareth.

V. There were nineteen Noblemen and Barons, eleven Bishops, that had no com- mission from the Kirk. Whereas the act for constitution of Assemblies, ordaineth every Burgh to have but one Commissioner, except Edinburgh, which may have two, (Act at Dundie, 1597) yet in that pretended Assembly, Perth had three Commis- sioners, Dundie had two, Glasgow had two, and St Andrews had two: Of the Burghes there were thirtie six absent: And for ruling Elders, there were none at all with com- mission from their Presbyteries. All these things are cleared by the records of that pretended Assemblie.

VI. The Commissioners from some Presbyteries exceeded their number, prescribed in the act at Dundie, 1597, for the Presbyterie of Arbroath were foure Commissioners, and foure for the Presbyterie of Aughter-ardour: Beside these that were heard to vot, having no commission at all, and some who had commission were rejected, and were not enrolled, but others put in their place without commission.

VII. The pretended Bishops did practise some of the articles to be concluded there, before the pretended Assembly, in Edinburgh, St Andrews, and other cathedrall Churches, by keeping festivall dayes, kneeling at the Communion. Thus their voices were prejudged by the practise of these articles before condemned by the Kirk, and therefore they should have been seeluded from voicing.

VIII. In all lawfull Assemblies, the voicing should be free: But in this pretended

APPENDIX. LI

Assembly there were no free voicing ; for the voicers were threatened to voice aflir- mativé, under no lesse pain nor the wrath of authoritie, imprisonment, banishment, deprivation of ministers, and utter subversion of the state: Yea, it was plainly pro- fessed, that neither reasoning, nor the number of voices should carie the matter away: Which is qualified by the declaration of many honest old reverend brethren of the ministry now present.

IX. In all lawfull Assemblies, the grounds of proceeding were, and used to be, the word of God, the confession of Faith, and acts of former generall Assemblies. But in this pretended Assembly, the ground of their proceeding in voicing, was the Kings commandment only: For so the question was stated: Whether the five articles, in respect of his Majesties commandment, should passe in act, or not: as the records of that pretended Assembly beareth. Where it is declared, that for the reverence and respect which they bear unto his Majesties royall commandments, they did agree to - the foresaids articles.

X. Many other reasons verifying the nullitie of all these Assemblies, were showen and proven before the Assembly, which needeth not here to be insert.

ADDENDUM—P. 131.

At Edinburgh x of Julij 1568. In the Generall Assemblie and saxt Session thairof.

The haill Kirk assembled, for eschewing of pleyis among brethren, maist hartilie requestis my Lordis President of Session, Secretare, Advocat, Clerk of Registre, Justice Clerk, Lord Provand and Mr Henry Balnavis, or any three of them, to decyde the Controversie that apperandlie may be movit betwix the Maisteris of the New College of Sanctandrois, and Mr Alexander Spens, Minister of Couper, anent thair pretendit right of the parsonage of Tarvat; and this to be done betwix this day and xvi of August next, to the effect that my Lord Regents G. may give his Gs presenta- tion to the partye having best right.

J, Gray, Ser.

CORRIGEN DA.

Line. 34. after Hay insert a comma. 21. for Loathein read Letham (C.)

9. delete and (C.)

7. for John read James (C.)

7. — Quarters read Commissioners, 18. — raisit (razed) read ratifeit ? 37. — 20 read 25.

7. — found read summoned (C.) 22. — denounce read demit (C.)

25. — moderators read modifiers ? 4. — stream read storm ? 4, — James read John. 37. — Beduchie ead Benduchie. . 21,23.— excommunicants read excom- municats.

1. — Haleio read Halcro.

6. — John read James.

7. — Galloway, Kile, read Galloway,

Aberdeen, Kile, minister of.

8. — Edinburgh read Aberdeen.

368. 6,7, 8. — John read Gilbert.

649. 657.

217. 30.

— continuance read contumacie.

— voundit read unmeet (C.)

— Etham read Eythan.

— Angus and Marnes read Aber- deen and Banff.

— Dynneir read Dinmure.

— Tividdail read Tweddaill.

— Ramuscraig read Ravinscraig.

— George read Gilbert.

— notwithstanding ead not stand- ing (C.)

— Clidesdaill read Dumbarton : in the Nether Ward of Ee aie)

— Torrie read Turreff.

— ame read same.

Page. 667. 687. 7106. TOM

delete David (C.)

. for quarters read Commissioners.

— dulterme vead due terme (C.)

— Elly read Enzie.

— Logilichan read Logiebuchan.

— Gordon read Garden.

— Fyfe read Fyvie.

— Locky Damock read Logie- durno.

— Innerug read Inverury.

— Lumdie read Lundie.

— Graig read Greig. M.S.W.

— Endercharitie read Inveraritie.

— John read James (C.) MSS. A.W.

— derectour read the Rectour.

— Bondronne read Wynrhame.

— octavo read vigesimo octavo.

— presbytery read synod.

16, 17, 18. to be delete.

. for Trewquhy read Frewquhy.

— Kilkell vead Kilkill. — inhite read inhibite. MSS.

. for Sulij read Junij.

after Bruce insert Robert Wallace:

5. for Robert Laud read Robertland,

and add [David Cunning- hame of. — Endercharitie sead Inveraritie. delete to.

. for reformation read information.

insert 15 before Novembris.

. for Howit read Howie.

— Andro read George.

— 44 year read 40 year. — 45 year read 40 year. — 47 year read 43 year.

THE BOOKE

OF THE

UNIVERSALL KIRK OF SCOTLAND:

WHEREIN THE HEADIS AND CONCLUSIOUNS DEVYSIT BE THE MINISTERIS AND COMMISSIONARES OF THE PARTICULAR KIRKS THEREOF ARE SPECIALLY EXPRESSED

AND CONTAINED.

A, D. M.D.XCIII.

Tue Generall Affemblie of the Kirk of Scotland, convenit at Dundie the xxiiilj day of Apryle 1593.

Exhortatioun being maid be Mr Robert Bruce, Moderatour of the laft Affemblie ; in refpeét of the raritie of the brether convenit, it was thoght meit the eleétioun of ane Moderatour fould be continewit quhill efter nyne, quhane the number will be mair frequent.

Aéta Sellione Secunda, Eodem die.

The Affemblie, according to thair ordour, proceiding to the eleéctioun of ane Moderatour, during this Conventioun, appointit and delytis Mr Dauid Lyndefay, Mr James Balfour, Mr Johne Nicolfoun, Mr Andro Meluill, Mr Patrick Sympfoun ; and, be pluralitie of voitis, the faid Mr Dauid was choflin Moderatour hac vice.

The hours of conventioun, ilk day dureing the Affemblie, war appointit the accuftomeit hours.

And to the effeét that all the aétiouns to be intreitit at this tyme may be mair convenientlie and ordourlie handlit, and mair reddelie difpecht, the Kirk nominat thair bretherne vnderwritin, thay ar to fay, the Lairds of Cammo, Abottifhall, Powrie, Ogilvy, commiflioners of Edenburgh and Lyth, Mr Robert Pont, Mr John M*kengie, Mr Alexander Dowglas, Mr Gilbert Gairdin, Mr Peter Blackburne, Alexander Keyth, William

796 THE BOOKE OF THE 1593.

Cryflefoun, Mr James Nicolfoun, Johne Dury, Mr Archibald Meluill, Mr Nicol Dalgleifhe, Mr Thomas Buchannane, Dauid Fergufoun, Mr James Meluill, Mr William Rynd, Mr Patrick Symfoun, Mr Robert Bruce, Mr Robert Hepburne, Mr Johne Spoittifwod, Mr William Methwen, Mr Archibald Clayhills, Mr Johne Cowper, Mr Dauid Barclay, Mr Matho Wyllie, Mr Alexander Wreytoun, Mr William Edmeftoun, to convine daylie with Moderatour in the reweftrie of the kirk, at aucht hours in the morning and tua efter nvne of the preauching dayis, and imme- diatlie efter the fermone in the preaching dayis, to gif thair adwyfe and counfell in proceiding in materis of this Affemblie.

Aéta Seflione Tertia, vigelimo quinto Aprilis 1593.

Foralfmeikill as ther is ane Conventioun of the Nobilitie appointit be his Majeftie in Edenburgh, the xxvij day of this inftant, quher it is thocht meit that certane of the Kirk be prefent, to propone fick articlis and peti- tionis as for the tyme falbe thocht meit: Thairfor the Kirk and Affem- blie prefent hes thocht meit to condifcend vpoun fic articles, quhairof ane breif recitle followis, quhilk heirefter ar to be brocht and reduceit in fum guid forme.

Firft, It is thocht meit to be craveit that all Papeiftis within this realme may be pynifhit according to the lawis of God and of the realme.

Item, That the aét of Parliament of ipfo faéto may ftrak vpoun all maner of men landit and vnlandit, conftitut in office or vtherwayis, als weill as the famyn is fpeciallie confawit aganis benefeicit perfouns.

Item, That ane declaratour be cravit aganis Jefueits and traficking Pa- pifts aganis the trew religioun profeflit within the realme, quherby thay may be declairit tratours, to this effect the reflateris of thame may be pyn- eift according to the act of Parliament: and ficklyke that ane reformatioun may be of the thrie dayis contenit in the faid aét.

Item, That all fick perfouns as the Kirk fall find and declair publeclie to be obftinat Papeiftis, althocht thay be not excummvynicat, be debarit frome bruiking of ony office within the realme, as alfua from acces to his Majefteis companie, and from inioying of ony banefeit of the lawis of the realme ; as alfua that the pane of horning and vther ciuell paines may follow vpon the faid declaratour, ficlyk as alreddie followis vpon the fen-

1593. UNIVERSALL KIRK OF SCOTLAND. 797

tence of excummynicatioun: and that ane act of Counfall prefentlie may be maid and publifhit thervpon, quhill the nixt Parliament, quher the famyn may be eftablifhit in ane law.

Ordanes the bretherne of the haill Prefbiteris quhilks ar prefent, to gif in the names of all maner of perfouns excummynicat for quhatfumever crime, as als of profefling Papeiltis, the morne to the full Affemblie.

The Generall Affemblie of the Kirk gevis full power and commitlioun to the brether of the Prefbiteres of Glafgow and Hammiltoun, or fa mony of thame as guidlie can be convenit togidder, to f{ummond Mr Mvyrheid to compeir befor thame, with all expedient deligence, at the firtt dyet within the Toun of Glafgow, to anfuer for the defeétioun of the miniftrie, and to proceid according to the tryell and proces led befor thame ; and in caice of ma dyetis nor ane, the plaice to be mytuallie interchangit efter thair aflembling ; and to report thair proceiding to the nixt Generall Affemblie of the Kirk.

Anent the commifliouns geyin in the laft Affemblie to the Prefbitreis of Brichen and Arbrothe; fick brether adioynit to thame concerning Mr Walter Lyndefay and his collegeis.

Item to the Prefbetrie of Hadingtoun concerning Mr George Ker ; ‘To the Prefbeterie of Dalkeyth concerning the Laird of Rofling; To the Pretbeterie of Edenburgh concerning Mr George Semple; as the parti- cular commilliouns beris. Ane particular report of thair deligence being hard, the faids haill commifliouns wer found to be execute.

Anent the commilliouns gevin to the Prefbiteris of Stirling and Dum- blane concerning the complaint of the parochiners of Eglifhame: The proceidingis in the mater being prefentit in writ be Mr Patrik Symfoun, Minifter in Stirling, in refpeét thay have remittit fum thingis to be confid- derit be the haill Kirk, to do ferder reflolutioun therin is fuperceidit quhill materis remitit to this Aflemblie be proponit.

Anent the commiflioun gevin in the laft Affemblie to certane bretherne, to tak vp the deidlie feid betuix the Lairds of Craigmyller and Edmeftoun : In refpeéct the faid brether hes taken alreddy travells therin, the Affemblie hes willit thame to profecuit forder that purpos, and to report to the nixt Affemblie.

Anent the commiflioun gevin to the Prefbitrie of Irwing, to try the Prefbitrie of Hamiltoun, and to report conforme to the tenour of the laf Affemblie: In refpeét is ynderftand to the faid Affemblie, not as zit the

798 THE BOOKE OF THE 1595.

{aid commiflioun is not execut, thairfor of new the faid Kirk hes renewit the faid commiflioun to the brether appointit therin of befor, and ordaines thame to execute the famyn betuix and the nixt Affemblie, as thay will anfuer.

For reiding of bills and queftiouns prefentit in this Affemblie: The Kirk hes nominat Mr James Nicolfoun, Mr Nicol Dalgleifche, Mr James Mel- ull, Mr Gilbert Gairdin, to conveine euerie day at tua hours in the Kirk, and to fycht the bills quhilks ar pertinent to the Affemblie, for remiting fic as be pertinent to the full Affemblie.

The Kirk and Commiflioners prefent hes gevin full power and commif- fioun to thair rycht honorabill and thair lovit bretherne vnderwritin, thay ar to fay, the Lairds of Abotifhall, Wedderburne, and Mercheftoun, Johne Arnot, William Lytill, fumtyme Proveftis of Edenburgh, and Clement Ker, burges, fumtyme Baillie therof, to prefent to his Majeftie and Nobili- tie now appointit to conveine at Edenburgh, the xxvij day of this inflant, the articles and petitiouns of the Kirk, and to crave and travel that the famyn may be grantit ; and gif neid beis, to reffoune and confer thervpoun, or quhat beis done herin to report to the nixt Generall Affemblie.

Seflio 4 25 Aprile.

The Commiffioners vnderwrytin prefentit thir Articles following to his Maieftie and Counfell, viz. the Lairds of Abbotfhall, Wedderburne, and Mercheftoun, John Arnot and William Litle, fometyme Provefts of Eden- burgh, and Clement Car, Mrs Robert Bruce, Patrick Galloway, James Nicolfoun, and Walter Balcanquell.

Followis the tenour of the faid articles.

Firft, Seing the increafe of Papiftrie is daylie within this realme, it is craveit of his Majeftie, that all Papifts within the fame may be punifhit ac- cording to the laws of God and the realme.

Item, ‘That the aét of Parliament ipfo faéto may ftrike vpon all maner of men, landit and vnlandit, conftitute in office or vtherwayes, of quhat fort [foever] they be, as weill as the famen is provydit to ftrike aganis bene- ficit perfons.

1593. UNIVERSALL KIRK OF SCOTLAND. 799

Item, That ane declaratour may be givin again{t Jefuites, Seminarie Preifts, and traffiquing Papifts, declaring them culpable of treafon and lefe Majettie, quherby the receipters of fuch perfons may be punifchit according to the aét of Parliament ; and that reformation may be had of the faid act in that pairt, quher the famein is only extendit againft fuch perfons as re- ceipts them be the fpace of three dayes; and that the penaltie of the act may be infliétit again{t any receipters without any condition of dayes.

Item, That all fick perfons as the Kirk fall find and declare { publickly ] to be Papifts, althogh they be not excommunicat, be debarrit from brook- ing any office within the realme, as allo from having accefle to his Majefties companie, and from injoying any benefite of the lawis; as alfo that the paine of horning, and vther civill paines, may follow vpon the faid declara- tour, ficklyke as prefentlie followis vpon the fentence of excommunica- tioun; and that ane act of Counfell prefentlie be made and publifchit thervpon, quhill the nixt Parliament, quher the famen may be eftablifhed in ane law.

Item, That his Majeftie will confidder the great prejudice done to the haill Kirk be ereéting of the teinds of diverfe Prelacies in temporalitie, as of the Abbay of Paifly and fundrie [others,] be the quhilk the planting of Kirks is greatlie prejudgeit ; and that, therfor, ane fubftantial ordour be tane for remeid therof.

Ordaines dereétour of Sanét Androis, Mr Robert W ylkie, Mr Robert Pont, Mr Thomas Buchannane, and Mr Johne Johneftoun, or ony thrie of thame, to velit the tennour of the foundatioun of the new College to be erectit be the Erle Marifchell in Aberdeine, and to gif thair oppynioun of the fame to the bretherne, that the faid fundatioun may be ratefeit be the faid haill Affemblie, being fund meit and expedient.

Ordanes Mr Robert Hepburne, Mr James Meluill, and Mr Peter Blackburne, to velit and fycht the buik of vefitatioun of the boundis of Orknay, prefentit be Mr Robert Pont, and to gif thair oppynioun to the Aflemblie befor thay diffolue.

Foralfmeikill as the numberis of the Prefbitereis within this realme and thair places wald be knawin, the names therof being inquyrit, the full Affemblie and nymber of the fame wer gevin yp as followis, viz.

Ane Prefbiterrie in Zetland callit Tingwall: In Orknay, ane, to wvt, Kirkwall: In Kaithnes, ane, viz Thurfo: In Sutherland, ane, viz.

800 THE BOOKE OF THE 1593.

Dornoch: In Ros, tua, Tane and the Channonrie: In Murray, four, viz. Inuernes, Forres, Elgine, and Ruthven: In Aberdeine, fyve, viz. Bamf, Deir, Inuerowrie, Aberdene, Kincardin: In Mernes, ane, Couway : In Angus, four, viz. Brechen, Arbroth, Megill, Dundie: In Dunkeld, ane, viz. Dunkeld: In Perth, Sanét Johneftoun, Dumblane: In Fyfe, four, viz. Sanét Androis, Cowper, Dumfermline, Kirkcaldy: In Stir- ling, ane, Lythgow: In Lowdiane, four, viz. Edenburgh, Dalkeyth, Haddingtoun, Dunbar: In Tueddall, Peblis: In Mers, tua, Chirne- fyd, Duns: In Teuiotdaill, tua, Jedburt, Melros: In Nethifdaill, ane, Drumfreis: In Galloway, tua, Kirkcudbryt, Wigtoun: In the Schiref- dome of Air, tua, viz. Air, and Irwing: In Renfrew, Paiflay: In Lennox Shyre, ane, Dumbartane: In Cliddifdaill, thrie, viz. Glafgow, Hamiltoun, Lanerk.

Forfameikill as the vifitatioun of the Prefbitries vniverfallie throughout the haill realme, is thocht ane thing verry neceflar, and fra diuers Af- femblies commifliouns hes beine gevin to that effect; nottheles ane necef- fitie sit remaneing quhilk craveit the continewing of the faid commiflioun, the Kirk, therfor, and Commiflioneris prefent hes gevin power and com- miffioun to thair louit bretherne vnderwritin, within the particular boundis refpectiué following, that is to fay, For Zetland, Thomas Swyntoun: For Orknay, Mr Robert Pont: For Sutherland, and Kaithnes, Mr Robert Pont and Mr William Pap coniunétlie: For Ros and the Channonrie, Mr Alexander Dowglas ; For Murray, Mr George Monro, Mr Andro Crumby, Mr Johne Robefoun: For Aberdeine, Mr Alexander Forbes, Mr Robert Arburthnet, Mr Andro Wyllie: For Mernis, John Durie, Mr Andro Keithe: For Angus, Mr Robert Bruce, Mr Andro Meluill, and Mr James Meluill: For Perth, Dunkeld, Dumblane, and Stirling, Mr James Nicolfon, Mr Nicoll Dalgleifhe: For Fyfe, Mr Dauid Lynde- fay, Mr Robert Hepburne, and Mr Patrick Symfoun: For Lowthiane, Mr Andro Moncreif, Mr Dauid Spence, Mr Andro Lamb: Tor Mers, Mr Adame Johnftoun, Mr James Carmichell: For Tiviottdaill, Mr William Methven, JohneClappertoun: For Nithefdaill, James Hammiltoun, Mr William Hammiltoun: For Galloway, Johne Porterfeild, Mr Dauid Barclay: or the Schirefdome of Air, Mr Johne Yong, Andro Knox : For Dumbartane, Renfrew, Glafgow, Hamiltoun, and Lanerk, Mr Henrie Levingftoun, Mr Robert Wylkie, Mr Alexander Wreitoun: to vifet and try the doctrine, lyfe and converfation, deligence and fidelitie, of the Paf-

1593. UNIVERSALL KIRK OF SCOTLAND. 801

touris within the faids Prefbiteries ; and ficklyke to try gif ther be any of

the beneficit number within the famein, not making refidence, having no reafonable caus to purge the famein ; gif ther be any that hes dilapidat thair benefices, fett tackis, and made vther difpofitiouns therof, by the confent of the Generall Kirk ; ony flanderous perfon vnmeit to ferue in the Kirk of God, and vnhable and vnqualifiet to teach and edifie; and, with advys of the Prefbytrie within the quhilk the faidis perfuns ar, to pro- ceid aganis them according to the qualitie of the offence, or vndifpofitiouns of thair offices, according to the acts of the Kirk: And that this vili- tatioun, tryell and examinatioun be compleit betuix and Michelmes nixt to cum, recommending to euerie Pretbeterie, for fhortning of the faidis Com- miflioners travells, ane diligent tryall amangis thame felfis be takin befor the Commillioners cuming, quherin thay may vnderftand and note the abufes quhilk wald be correétit ; commanding alfua the Prefbytries within the quhilks the faidis Commiflioners remaines, to provyde for the faidis Commillioners flockis in thair abfence in the faid vilitatioun.

Acta Sellione quinta, vigelimo fexto Aprilis 1593.

The Kirk and Commiflioners prefent ordaines the parochineris of Sanct Androis to landwart, to big and edifie to themfelves ane paroche kirk, in fick ane part as the faidis parochineris and Prefbytries aggrei vypon, narrefl the middis of the paroche, betuixand Lambes cum ane geir, according to thair fuite maid to Parliament, and ficklyk to the Affemblie; certifieing thame and they failzie, thay falbe debarrit fra ony benefeit of the Kirk of Sanét Androis.

Anent the kirkis in Orknay and Zetland: In refpeét it is confidderit that for the nvmber of Lllis ther, and that there is not ftipend to everie par- ticular kirk, quherby the pluralitie of kirkis ferveing may be efchewit : thairfor the Kirk quhill the nixt Affemblie ordaines the faidis kirkis to be fervet as thay ar prefentlie, in refpeét of the prefent neceflitie, and divers ytheris impedimentis.

Ane fupplicatioun to be gevin in to Parliament to reforme the delapida- tioun of the leving foundit in the gramer fcoole of Kirkwa, ordaining in the meane tyme the Commiflioner, quba is appointit to velit the Pretbiterie ther, with adwfe of the fame, to deprive the perfoun quha hes delapidat

51

802 THE BOOKE OF THE 1593.

the fame, in caice he reftore not agane the faid leving to the awin inte- gretie.

The Generall Affemblie of the Kirk gevis full commiflioun and power to the bretherne of the Prefbiterie of Edenburgh, to call befor thame Adame Bifhope of Orknay, and to charge him with the demolifhing of the kirk of Birfa, to try gif he demolifhit the fame: And in caice he be found fa to have done, to charge him to repair the fame, that the flok be not deftitut of ane kirk; vtherwayis to proceid aganis him, and to report thair proceidingis to the nixt Generall Affemblie.

Eodem die. Seffio fexta.

The Generall Affemblie of the Kirk haveing committit the fycht, reid- ing and confidderatioun, of ane new foundatioun of ane Collidge to be erectit in Aberdeine be the Erle of Marifchell, to certane lernit brether of the Affemblie maift expert in fick caiffes, and vnderftanding of thame that the faid foundatioun and ereétioun in fubftance is very guid and commend- able: thairfor, and efter fum reffoning alfo in the matter, hes allowit, ap- prowin and affermeit the fame, according to the tennour therof in all thingis ; and ordanes this thair approbatioun to be gevin out, and aét to be maid thervpon.

Memorandum. ‘To infert the fupplicatioun of the Laird of Grenok quhilk is lyand in the pok.

\

Names of excommunicat perfouns gevin vp be the brether.

Allexander Ramfay, brother to the Laird of Dalhowfie; Alexander Creychtoun of Newhall, elder, bayth within the Prefbiterie of Dalkeyth ; In Leingar parochin, Thomas Donaldfoun, for dowbill adultrie ; In Campfie parochin, William Aikin, for adultrie; In Levingftoun, Andro Stirling, for flauchter of vmquhile Johne Adame; Thomas Kincaid, for flauchter of vmquhile Luk Sterling in Cadder; Thomas Blar in Boétay, for thriefald fornicatioun and diffobedience, lyand vnder the fentence of excommunica- tioun thir four geiris bygane; In Glafgow, Matho Heriot, for flauchter of vmquhile Andro Ros; Gilbert Inglis, for flauchter of vmquhile Samuell Hamiltoun, fone to the Laird of Preftoun; Archibald Vduart for the {lauchter of vmquhile David Ramfay, potter, and Adame Ramfay, his fone ;

1593. UNIVERSALL KIRK OF SCOTLAND. 803

Archibald Hegate, for dowbill apoftafie, efter he had firft put handis in ane Minifter, fua thrife excommunicat; Sir Henrie Ofwald, within the parochin of Strageith, excommunicat for papellrie, be Mr James Burtoun in Peblis, the fourt of Marche 1592; Sir William Blakwod in Dumblane, excommynicat for papeltrie; Robert Clerk in Ochterardour, excommu- nicat for inceft with Elfpet Scot, be Mr Johne Bondronne, Superintendent of Fyff; Hew Barklay, Laird of Ladieland, apoflat; James M*quirrtie, Vicar of Kinkarth in Boit, excommwnicat apoftat.

Names of Kirkis yacand in Angus and Merns :

Inchitoir, Abernyt, Innergourie, Logedundie, Lundy, Streikmarteine, Inneraritie, Bendoquhy, Ruthven, Glenyla, Glamis, Effe, Cloday, Lyn- trathin, Athie, Methie, Tannardais, Aldbar, Inchbraik, Newdefk.

Kirks within the Synodall of Glafgow vnprovydit :

Kilmaronnok, Killarne, Balfrone, Strablane, Cardros, Inchcalzell, Bal- dernock, Paiflay.

The Kirks provydit with men, bot wanting ftipend be vertew of the lait ereétioun of the teindis of the Abbacie of Paiflay in tempo- raliteis :

Hammiltoun, Glaffurd, Stennous, Blantyre, Schottis, Dalferff, Lanrick, Pettenone, Tankertoun, Robertoun, Bigger, Crawfurd Johne, Crawfurd Lyndfay, Dolphingtoun, Covingtoun.

The names of the Kirks ynplantit within the bounds of the Mers: —

Lammertoun, Fifchirwiche, Swintoune, Symprene, Hourden, Fogo, Greindlay, Stitchell, Nenthorne, Hwme, Bailenden, Ednem, Cranfchewis, Ellem.

Kirkis vacand within the Prefbiterie of Dumblane :

Abirfuill, Kilmahuge, Callendar, Leny, Port, Kilbryd, Balquhidder, Comrie, Tullicheddilly, Sowan, Monivard, Stragethe, Kinkell, Abir- ruthven.

Kirks ynplantit within the Prefbietrie of Dunkeld : Straphillan, Killin, Ardrum, Inchechadden, Vemis, Pitcharene alias

SO4 THE BOOKE OF THE 1593.

Grantilly Kirk, Brenmore, Kilchonnane, Murtrigan, Rannoch, Strowand, Blair in Atholl, Ludefkil, Manenok, Fos, Muline, Finlarg, Mennoche, Doualie.

In the laich land: Logybryd, Ochtirgawin, Kinclevin, Capeth, Loch- indy, Blair in Gowrie, Glenfchie.

Kirks vacand in Cathnes: ‘Thurfo, Wick.

In Orknay: the Southamtoun Kirk, North Rannaldfy.

In Getland: Auchindenrie, Burra, Brefly, Nefting, Lunafting, Olnafirth.

Names of the perfouns quhilks ar to enter in the Minilftrie.

Mr Andro Mortoun, Mr James Spalding, Mr Dauid Balcome, Mr Dauid Lyndfay, Mr James Eliot, Mr Johne Goung, Mr Bartcle Robert- foun, Mr John Dwrie, Mr Johne Ogilbie, Mr Charles Walwod, Mr George Vifhard, Mr Adame Walker, Mr William Simfone.

Anent the fummonds direét be the brether of the Prefbiteries of Glaf- gow aganis Claud Commendatour of Paiflay and his Laidy, to compeir in this Alfemblie this day, with continuatioun of dayis, to anfuer for the facri- ligious bereving of the Kirk in ereéting of the haill rents alfweill teinds as vther in ane temporalitie, as the fummonds dewlie execute beirs; quhilk being callit afor and efter noone, nane compering, the Kirk fuperfedit thair proceiding this day, quhill thay fie gif ony git compeirs to anfuer.

Aéta Seffio 7+ 27 Aprilis 1593.

In prefence of the haill Affemblie, compeirit Schir James Meluill of Halhill, ane of the Commiflioneris {pecialie direét be his Majeftie to com- peir in his Hienes name as commifiioner, and prefentit his Majefties mifliue direct to that effect, with certane articles, and ane act of Parliament for inftructing therof, quhilk the Affemblie thocht meit priuatlie to be confi- derit be certane brether, quha wer appointit to confer with his Majetties Commiffioner, and to that effe& wer depefchit out of the Affemblie to advyfe and gif thair opinioun at thair returne, to witt, Mr Robert Bruce, Mr Robert Pont, Mr Andro Meluill, Mr James Nicolfon, Mr Peter Black-

burne, Mr James Meluill, the Laird of Cammo, and Commiflioners of Edenburgh :

1593. UNIVERSALL KIRK OF SCOTLAND. 805

Quha returning, red the articles and thair anfuers, quhilk the Kirk approuit ; ordaining the faids articles, anfuers therto, and aét of Parlia- ment to be regiltrat in the Regifter of the Kirk ; quherof the tenour herin is fett down as followis :

The Articles proponit in his Majetties name to the Generall Affemblie, prefentlie conveinit at Dundie.

His Majeltie declares, that in refpeét he cannot of honour fie the prive- ledge of his crowne hurt, therfor he will have regard to have the act of his laft Parliament keipit concerning the conveining of Generall Affemblies be his Majeflies appointment; willing them heirfor, befor thair fkailing, to direét two or thrie of thair number vnto him, to defyre him to appoint the day and place of their nixt conyeining.

Secondlie, His Majeftie defyres them to make ane Aét of thair Aflem- blie, prohibiteing all and everie ane of the Miniltrie, vnder the paine of de- privatioun, to declaime again{ft his Majeftie or Counfells proceidings, in pulpitt, not only in refpeét of his Majefties knawin good intentioun for tlie furth fetting of pietie and juftice, bot lykeways becaufe his Majeftie at all tymes gives readie accefle and loving eare to fundrie of the Minifters, to in- forme, dilait or complaine, either in their awin name or in the name of any of the reft of the brether.

Thirdlie, His Majeftie defyres them to appoint and put on leit, fyve or fixe of the difcreiteft of the Miniftrie, that his Majeftie may make choife of twa of them to ferve in his houfe, in refpect of Mr Craig his decripit age.

Fourthlie, Seeing that the ftlanding of the religioun and the weilfare of his Majefties perfon are fo ynfeparablie joynit, as quhofoevir are enemies to the ane are comoun enemies to both; fo his Majeftie defyres, that through all the Prefbitries of this countrey, ther falbe fome appointit to advertile and informe his Majeftie heirafter, with diligence, for the more {peidy re- medie, not only of quhatlumevir practifes they can learne, in any wayes, of Papifts and Spanifch factiouns, but alfo of the receipts and practifes of Bothwell, quherof they can have any knowledge; whofe heale courfes, as they are direétly aganis his Majefties perfone, fo whollie they tend to the fubverfioun of the whole religioun: With direétioun alfo to them to informe the haill Barrons, and honeft men moft tenderers of his Majetties

Cl I

806 THE BOOKE OF THE 1593.

welfare, to give ever fuch faithfull intelligence of the faids praétifes as they can learne from tyme to tyme.

Fyftlie, His Majeftie defyres, that through all the countrey, quher ther is any ports or landing places, that ther be fome of the brether fpeciallie appointit to deale fo with the burghes, that they may take good and fuffici- ent tryall, according to his Majefties law made theranent, of all thefe quho fall heirafter come in, or pafle furth of this countrey, quherfra they are come, or quherto they are bound ; quhat is thair trafique and intentioun to doe: and fwa after good and fufficient tryall, if ther be any thing of weght and importance, that they on na wayis faile to make his Majeftie acquaint therwithall, to the effect his Majeflie may the more eafilie difcover quhat- {umevir forraine or civill praétifes is or falbe in heid aganis the prefent ftate of the religioun : And this he craves to be done fo faithfullie, as he hes good opinioun of gour earneft affectioun, no lefs in the prefervatioun of his Majefties awin perfon as in the defence of the comoun caufe; as alfo he promifes to aide and aflift gow in all [and] quhatfumevir gour good refolu- tiouns, that may tend to the furtherance of peace and quyetnes; with the advancement and mainteinance of the religioun prefentlie profeft in this realme.

Humble anfuers of the Generall Affemblie to the Articles proponit be his Majefties Commiflioners to the fame, at Dundie the 27 day of Apryle.

Firft, The Article concerning the conveining of the faid Generall Af- femblie is aggried vnto, according to the tenour of the aét of Parliament prefentit with the faids Articles.

As twiching the fecond Article, It is ordainit be the haill Kirk, that no Minifter within this realme vtter from pulpitt any rafch or vnreverent {peaches aganis his Majeftie or Counfell, or thair proceidings ; but that all thair [publick] admonitiouns proceid vpon juft and neceflar caufes and fuffi- cient warrand, in all feare, love and reverence, ynder the paine of depofing fuch as dois in the contrair, from thair funétioun and office in the Miniftrie.

As to the 3 Article, The Kirk aggries therto, and fpeciallie anent the provilioun of Minifters ane or mae to his Majeftie; that certaine be nomi- nat be the Commiffioners direét to his Grace be his advyce, of quhom his

1593. UNIVERSALL KIRK OF SCOTLAND. 807

Majeftie may make choife: and the brethren to be lykit of his Majettie, to be placit and admittit be the Prefbytrie quher his Grace falbe refident for the tyme.

As concerning the # and 5 Articles, The famein are condifcendit to and ordour takin, as his Majeftie falbe particularlie informit be the faids Com- millioners.

Follows the tenour of the Aét of Parliament.

In the Parliament haldin at Edenburgh, the 5 day of Junij 1592 geirs, our Souerane Lord and Eftaittis of this prefent Parliament, following the lovable and gude example of thair prediceflouris, Hes ratifiet and apprevit, and be the tennour of this prefent act, ratifies and apprevis all liberties, priuileges, immynities and fredomes quhatfumeuir, gevin and grantit be his Hienes, his Regentis in his name, or onie of his prediceflouris, to the trew and hally Kirk prefentlie eftablifhit within this realme ; and declairit in the firft Aét of his Hienes Parliament, the twentie day of Oétober, the seir of God ane thoufand, five hundreth, three-{coir ninetene zieris; and all and whatfumeuir aétis of Parliament, and ftatutes maid of befoir, be his Hienes and his Regentis, anent the libertie and fredome of the faid Kirk : and fpeciallie the firft aét of the Parliament halden at Edinburgh, the twentie foure day of Oétober, the geir of God ane thoufand, five hundreth, and four {coir ane gieres, with the haill particulare aétis thairin mentionat, Quhilk fall be als fufficient as gif the famyn wer herin expre(t; and all yther aétis of Parliament maid fenfyne, in favouris of the trew Kirk ; And fiklyk, ratifies and apprevis the Generall Affemblies appoynted be the faid Kirk ; and declairis, that it falbe lauchfull to the Kirk and Miniftrie everilk geir, at the leift, and ofter pro re nata, as occafioun and neceflitic fall require, to hald and keip Generall Affemblies : Providing that the Kingis Majeftie, or his Commiflioner with thame to be appoyntit be his Hienes, be prefent at ilk Generall Affemblie befor the diflolving thairof, nominat and appoint tyme and place, quhen and quhair the nixt General! Affemblie falbe haldin: and in caife nather his Majeflie, nor his faid Com- miflioner, beis prefent for the tyme in that toun, quhair the faid General! Affemblie beis haldin, Than, and in that caife, it falbe lefum to the {aid Ge- nerall Affemblie, be themfelflis, to nominat and appoynt tyme and place, quhair the nixt Generall Affemblie of the Kirk falbe keipit and haldin, as

i | | | |

808 THE BOOKE OF THE 1593.

they haif bene in vfe to do thir tymes bypaft. Avnd als ratifies and apprevis the Sinodall and Provinciall Affemblies, to be haldin be the faid Kirk and Miniftrie, twyis ilk geir, as they haif bene, and ar prefentlie in vfe to do, within euery Province of this realme; And ratifeis and apprevis the Pref- byteries, and particulare Seffionis, appoyntit be the faid Kirk, with the haill iurifdiétioun and difcipline of the fame Kirk, aggreit vpon be his Majeitie, in conference had be his Hienes with certane of the miniftrie convenit to that effect: of the quhilkis Articles the tennour followis.

Materis to be intreatit in Provinciall Affemblies: Thir Affemblies ar conftitute for wechtie materis, neceflar to be intreatit be mutuall confent and afliftance of brethrene within the Province, as neid requyris. ‘This Affemblie hes power to handle, ordour, and redrefle, all thingis omittit or done amiffe in the particulare Affemblies. It hes power to depofe the office beraris of that Province, for gude and juft caufeis deferving depri- vatioun: And, generallie, thir Affemblies hes the haill power of the par- ticulare Elder{chippis, quhairof they ar colleéctit.

Materis to be intreatit in the Prefbiteries: ‘The power of the Prefbiteries is to give diligent laubouris in the boundis committed to their chairge, That the Kirkis be kepit in gude ordour; ‘To enquire diligentlie of nauchtie and yngodlie perfonis, and to travell to bring thame in the way agane be admonitioun, or threatning of Goddis Jugementis, or be correétioun. It appertenis to the Elderfchip, to tak heid that the Word of God be puirlie preachit within thair boundis, the Sacramentis richtlie miniftrat, the Dif cipline intertenyit, and the Ecclefiafticall guidis vncorruptlie diftributit. It belangis to this kynd of Affembleis, to caus the ordinances maid be the Affembleis, Provinciallis, Nationallis, and Generallis, to be kepit and put in executioun ; to mak conftitutionis, quhilkis concernis 7. zpezov in the Kirk, for decent ordour in the particulare kirk quhair they governe ; Provyding that thay alter na rewlis maid be the Provinciall or Generall Affemblies: And that they mak the Provinciall Affemblies foirfaidis, privie of the rewlis that they fall mak, and to abolifhe conftitutionis tend- ing to the hurt of the fame. It hes power to excommunicat the obftinat, formale proces being led, and dew intervall of tymes obferuit.

Anent Particulare Kirkis, Gif they be lauchfullie rewlit be fufficient mi- nifteris and feflioun, they haif power and jurifdictioun in their awin Con- gregatioun, in materis Kcclefiafticall, And decernis and declairis the faid Affembleis, Prefbiteries, and Sefliounes, JurifdiGtioun and Dilcipline thairof

1593. UNIVERSALL KIRK OF SCOTLAND. 809

foirfaid, to be in all tymes cuming, maift iuft, gude, and godlie in the felff, Notwithflanding of quhatfumeuir Statutis, Aétis, Cannon, Ciuile, or Muni- cipall Lawes, maid in the contrair ; ‘To the quhilkis and every ane of thame, thir prelentis fall mak expres derogatioun :

And becaus thair ar diuers Aétis of Parliament, maid in favour of the Papilticall Kirk, tending to the preiudice of the libertie of the trew Kirk of God, prefentlie profeflit within this realme, jurifdiétioun, and difcipline thairof, quhilk flands git in the buikis of the aétis of Parliament, not abro- gat nor annullit: Thairfoir his Heines and Eftaittis foirfaids hes abrogat, caflit, and annullit, and be the tennor heirof, abrogatis, caflis, and annullis all Aétis of Parliament maid be ony of his Hienes Predeceffouris, for man- tenance of fuperftitioun and idolatrie, with all and quhatlumeuir Aéctis, Lawes, and Statutes, maid at ony tyme, befoir the day and dait hereof, aganis the libertie of the trew Kirk, juritdictioun, and difcipline thairof, as the famyn is viit and exerceifit within this realm.

And in fpeciall, that pairt of the fevint act of Parliament halden at [Streviling, the fourt day of November, ane thoufand four hundredth, fourty three] geiris, commanding obedience to be gevin to Eugin the Pape for the tyme.

The j‘ and xj aét made be King James the thrid, in his Parliament haldin at Edinburgh the twenty fourth day of Februar, ane thoufand, four hun- dreth, fourfcor thrie geirs ; and all utheris aétis quhairby the Paipis autho- ritie is eftablithit.

The 47 aét of King James the third, in his Parliament haldin at Edin- burgh, the [twenty day of November, ane thoufand, four hundredth, three {cor nine] geiris, anent the Satterday and uther vigillis to be hally dayes from Evin fang to Evin fang.

Item, That pairt of the 31 act maid be the Quene Regent, in the Parliament haldin at Edinburgh, the firft of Februar ane thoufand, five hundredth, fifty ane geiris, Geving fpeciall licence for haldin of Pathe and “ule.

a Item, The Kingis Majeftie and Effaittis foirlaidis declairis, that the fecund

A& of the Parliament haldin at Edinburgh, the xxij day of Maij, the geir

of God ane thoufand, five hundredth, four feoir, four geiris, fall naways

be preiudiciall, nor derogat anything to the priuilege that God hes gevin

to the {pirituall office beraris in the Kirk, concerning headis of religioun,

materis of herefie, excommunicatioun, collatioun or depriyatioun of min- 5K

810 THE BOOKE OF THE 1593.

ifteris, or ony fik effential cenfouris, {peciall groundit, and havand warrand of the word of God.

Item, Oure faid Souerane Lord, and Effaittis of Parliament foirfaidis, abrogatis, caflis, and annullis, the XX aét of the fame Parliament haldin at Edinburgh, the faid geir, ane thoufand, five hundredth, fourfcoir, four Zeiris, granting commiflion to bifchoppis and vtheris iuges, conftitute in ec- clefiafticall caufes, to reflaue his Hienis prefentatioun to benefices, to gif collatioun thairvpon, and to put ordour in all caufes ecclefiafticall : quhilk his Maieftie and Eftaittis forefaidis, declairis to be expyrit in the felf, and to be null in tyme cuming, and of nane availl, force, nor effect. And thairfoir ordainis all prefentationis to benefices, to be direc to the particular Prefbi- teries, in all tyme cuming ; with full power to thame to giff collationis thereupon; and to put ordour to all materis and. caufes ecclefiafticall, within thair boundis, according to the. difcipline of the Kirk: Providing the foirfaidis Prefbiteries be bund and aftriétit to reflaue and admitt quhat- fumeuir qualifiet minifter prefentit be his Maieftie, or vther laic patrounes.

Ordanis the Prefbitries quhilk as git hes not gottin in the voluntare con- trubutiouns within thair bounds appointit for the Kingis garde to travell diligentlie therin, and quhat beis reflauit to caus be fend to Edinburgh to Alexander Lawfon, with the names of fik as refufis, and maks not pay- ment betuix and the laft day of May nixtocum.

As to James Anderfon xv merkis, his and laft ordans thame to caus the fame be deliuerit to the faid Alexander.

Anent-the fupplicatioun of the paroch of Derfy.

(Tak in the bill and anfuer.)

Ordaines fupplicatioun to be maid in Parliament, that in all kirkis, alf- weill Abbay and Cathedrall Kirks, as vtheris quhatfumever, quher ather the haill parochin is kirkland, or ane part therof-onelie, and ther has beine nather manfe nor gleib knawin to apperteine therto of auld, or gif. ther hes beine ony, and the fame nocht extendis to fowre aiker of land; That the Eftaits of the Parliament mak the aé& afor concerning the defignatioun of manfles and gleibis to be extendit to all the forfaid kirks, and that ther be four aiker of kirk land defignit and grantit to the Minifter maift com- modious and eweft the kirk, quhidder ther hes beine na gleib ther or not, or ane part onelie, not extending to four aiker of land.

1593. UNIVERSALL KIRK OF SCOTLAND. 811

The Generall Affemblie of the Kirk gives full power to the rycht honorabill George Erle Marfchell, the Laird of Doune, gounger, the Laird of Cors, elder and younger, the Provelt of Aberdeine, Allexander Rutherfurde, Allexander Cullane, burgefs ther, Mr Andro Meluill, Ree- tor of Sanét Androis, Mr Robert Pont, Mr Dauid Lyndfay, Mr Peter Blackburne, Mr Dauid Cwnynghame, Mr Johne Johneftoun, Mr Thomas Buchannane, Mr Johne Spottifwod, Minifteris of the Evangell, Mr Robert Wylkie, Principall of Sanét Leonards, or to the maift part of the faid bre- therne, to conveine togidder, and vifit the Colledge of Auld Aberdeine, ther to try and examine the doétreine, lyfe, and deligence of the Maifteris therof; dilcipline and ordour viit be thame ; as als the ftait of the rent of the faids Colledges: And quher thay find abuis, fa far as thay may pofliblie, to reforme ; remittand to the Alfemblie fick thingis as thay can not, to be takin ordour with be thame: and this tryell to begin the latt day of Auguft nixt ; ordaining, in the meane tyme, that quhill thair cum- ing that na noyatioun be maid ather be fetting of new taks, confermeing of auld, or eleétioun of ony new Maifter ; and all things to ftand ower in the eftait thay ar in prefentlie: firme and ftable halding and for to hald all and quhatfumever the faids brether or maift part of thame in the pre- miffes laufullye to be done: and ordaines thair procedingis to be reportit to the nixt Generall Affemblie of the Kirk.

Aa Seflione o€taua, Eodem die.

Anent the provifioun of the Kirk of Lucheris: In refpeét the haill Affemblie hes nominat Mr Johne Kynnier to be prefentit to the faids parochineris be the Prefbiterie of Sanét Androis to be thair Paftour, and to be tryit in doétrine, lyfe and converfatioun ; and gif the {aids parochin- ers hes na juft of his refuflall, to be admitit be the faid Pretfbiter- rie to the miniftrie of the fuid kirk.

Anent Colledges and rentis therof: The Affemblie hes ordaneit that na difpofitioun of the leving and rentis therof, be tak or yther titile, be maid without the adwyfe and confent of the Affemblie Generall, ynder the pane of depolitioun of the perfouns doing in the contrair.

Anent the refidence of Minifteris: Vor furthering of the refidence of fik Paftours as for lack of manfles are not refident, it is refoluit and aggreit

812 THE BOOKE OF THE 1593.

that every parochin, quher the Paftours manfe is owther rowinous or alto- gither laikes, be ordainit to repare and build the famein manfe ypon thair awin expenfes, with ftane, timber, and all vther materialls, workmanfchip, cariage, and vther things neidfull for the repairing and bigging therof ; quhilk if they failgie and refufe to doe, being dewlie requyrit, they fall not only, fo many as refufes, be haldin be the Kirk the haill caufe of thair Paftours non refidence, bot alfo it falbe laufull to the aires, executours and affignays of the Minifter or Reider departing, or himfelfe during his tyme, to retaine the poffeflioun of the manfs buildit be him, in cace he build the famein vpon his awin expenflis after the refufeall of the paroch- iners, ay and quhill the [next] intrant Minifier or Reidar refound to him, his aires, executours and aflignayis, the haill expenflis made be him for repairing and building, at the leift fo mikle therof as the parochin cannot be movit to refound ; and that the Prefbytrie, at the intrants admiflioun, fall take ordour for the performance [heirof]; provyding that the expenflis [to] be made be the faid Paftour or Reider exceid not foure hundreth marks; and that the Pretbytrie, after the repairing or bigging of the faid manfs, tak the exaét tryall and compt of his [faid] expenflis, and give him thair allowance thervpon, to be regiftrat in thair bookes: And this act to extend to them afweill that are alyve and hes alreadie biggit, as to them that are to bigge and repaire heirafter. And lykewayes the fecond and thrid Minifter or Reidar, and confequently the fucceflours to the Minifters quher the manfs is biggit, fall have the lyke title to crave of the intrant after him the faids expenflis, quhilk he hes depurfit to his predeceflours, ay and quhill the parochiners redeime and outquyte the faid manfs or biggings therof, to be made frie therafter to the intrant Minifter or Reidar.

Ordaines Mr Samell Chalmer to report the anfueris of the Kirk to his Hienes articles.

Anent the vilitatioun of the buik of deligence produceit be Mr Robert Pont concerning his vifitatioun of the bounds of Orknay, Getland &c.: The bretherne appointit to fichting therof, reportit thay had found great deligence viit be him, and all thingis orderlie proceidit in vfing his faid commiflioun ; and therfor the faid Affemblie approveit his faids labouris and all things done be him in the faid vifitatioun, and fpeciallie in depofing of the perfouns not making refidence.

Anent the proces produceit be the Prefbiterie of Stirling concerning the mater of the parochiners of Eglifhame: ‘The Kirk ordaines thair

15938. UNIVERSALL KIRK OF SCOTLAND. 813

brether, Mr Robert Pont, Mr Andro Meluill, to vifit the proces and gif thair judgement to the Afflemblie the morne at meiting.

Ane writting being prefentit in the behalf of my Lord Sempill, haveing creadit gevin to him therin: The Afflemblie ordainit his creadit to be commwnicat to the brether of the Conferance the morne.

In refpeét the Kingis Majeftie his Commiflioner is to depart for certane adois, thairfor the Affemblie, in his prefence, hes appointit thair nixt Generall Afflemblie to be at Edinburgh the firft Twyfday of May cum

ane Zeir.

Aéta Seflione nona, oétauo Aprilis 1593.

Anent the fupplicatioun prefentit to the Affemblie be the Laird of Vrie, and Hary Drummond, burges of Aberdeine, delireing ane continewatioun of tyme to confer with bretherne, and to be refolueit with the heids of re- ligioun, that therefter thay may fubfcrybe the Confeflioun of Fayth ; and liclyk, anent the fuite maid be Mr Thomas Menzeis, burges of Aberdeine, to reflave his confeflioun and fubfcryptioun of the articles of religioun pre- fentlie profeflit within this realme: ‘The faid Affemblie and Commil- fioneris prefent haveing advyfit therwith, hes ordinet the faidis perfouns to refort to the bretherne of the Prefbiterie of Edenburgh, to confer and be refoluit in all doutis thay have concerning the faid religioun ; and being refoluit, to fatiffie the faid Prefbiterie in all things, according to the ordour to be takin be thame, to quhome the Kirk gevis power to tak ordour ther- anent; and in caice thay fatiffie the faid Prefbiterie, as faid is, that thay gif to thame ane teftimoniall of thair fatiffaétioun ; cautioun alwayis being firft takin befor the Kings Majeftie and his Counfell for performeing of fick thingis as thay fall promes and fubferyve to do to the faid breth- erne: and that ane writing be direét frome this Affemblie, informand the Erle Merfchell of thair proceidingis heirin.

Anent the proces deduceit be the Prefbiterie of Stirling in the mater concerning the parochiners of Eglifhame and Mr Andro Boyd: ‘The Generall Aflemblie of the Kirk hes ordinet and ordaines that thair brether John Porterfeild, and Mr Andro Knox travill erneftlie and effe@iouflie, in name of the haill Kirk, with the Maifter of Eglintoun in fauouris of the faid Mr Andro, that, gif it be poflible with his guid will and fauour,

814 THE BOOKE OF THE 1593.

the faid Mr Andro may ferve at the Kirk of Eglifhame, but trubill or im- pediment to be maid to him in ony fort, and that with all guid deligence : And in caice the Maiiter can not be moveit heirto, that the faid breither mak intimatioun of his refuffell to the bretherne of the Prefbiterie of Edin- burgh, to quhome the Kirk gevis power to tak ordour therin as thay fall find beft for the weill of the Kirk and the glorie of God.

Forfamekill as ther is ane Parliament to be haldin fhortlie in Junij next, quhervnto many thingis concerning the Kirk ar to be proponit, and that the full Affemblie can not be conveinit therto, in refpeét of the Affemblie now haldin; thairfor the haill Affemblie hes ordanit that ane broder or tua be direct from everie Prefbiterie within this realme, to conveine the tyme of the Parliament in the place quher the fame falbe haldin, to confult, treit, refone and conclud, vpon fik heids, articlis, petitiouns, and fuppli- catiouns, as. thay fall think meitt to be craveit and concludit be confent of Parliament,: for the glorie of God, and for the well and confort of his Generall Kirk within this realme : Quhilkis bretherne fall have the power of the faid Generall Affemblie, and proceid as the fame mycht do gif the haill number wer prefent.

The quhilk day, efter the reafouns war hard and difcuffit, contenit in the appellatioun prefentit to the Generall Aflemblie be Mr Andro Goung, Minifter at Dumblane, the Generall Affemblie ordanes the Prefbitrie of Dumblane to be traniportit to Ochtirardour, with libertie to the bretherne of Dumblane appeiling to refort ather to Auchterardour or Stirling, as thay pleis; provyding alwayis, that in caice the gentill and nobill men quha hes fubferyvit to aflift the Prefbitrie in Auchterardour, or vthers that fall happin to fubfcryve the fame heirefter, gif inflruétioun to the bretherne to compleine of breking thair promeis; and forder, in caice the Kirk of Auchterardour be not repaird fufficientlie betuix and the nixt Generall | Affemblie ; or in caice ane fufficient flipend be not provydit for ane Mi- nifter, that he may mak refidence at Auchterardour with manfe, gleib: In thir caices or ony of thame, the Prefbitrie falbe reeftablifhit in Dumblane ; and ordanis the Prefbiteries of Stirling and Perth to eftablifhe the faid Prefbiterie in Auchterardour vpon Thurfday cum xv dayis, and conftitute the famyn of the kirks containit in the roll of the Synodall Affemblie ; libertie being alwayis referuit to the breder of Dumblane, quhidder thay will cheis to be of the Prefbitrie of Auchterardour or Stirling.

Forfamekill as in the Synodall Affembleis the buiks of particular Prefbi-

1593. UNIVERSALL KIRK OF SCOTLAND. 815

tereis are tryit and vifitit; and heirtofor the buiks of Synodall Affembleis hes not beine tryit in the Generall, quhilk appeirit to the haill breder to be neceffar ; Thairfor it is concludit, that, in tyme cuming, to everie Gene- rall Aflemblie the buiks of the Synodall Aflembleis falbe dire& be the Synodollis, to be fychtit and conlidderit in the Generall Aflemblie, for vnderftanding the better of thair proceidingis, ynder the pane of the fen- four of the Kirk.

Anent the aétis of the Kirk: ‘That everie Prefbitrie may be the better inftructit therin, the Kirk hes ordinit Mr James Carmichell, quha hes al- reddie tane fum paneis in correéting therof, to perfyte the work, and to prefent the fame to the nixt Generall Aflemblie of the Kirk.

The General Aflemblie of the Kirk gevis libertie to tranfport Mr Henrie Guthrie fra the Kirk quher he ferves to ony vther kirk within thair bounds quher his giftis may be belt imployit; and in caice thay do not the fame, gifis libertie to the Prefbiterie of Angus and Mernes to tranfport him to ane kirk within thair bounds, with his awin advyfe.

Anent contraverfeis betuix the bretherne of the Minifterie: Tor vp- takin therof, it is refoluit and concludit be the haill brether and Com- millioneris prefent, that quher ony pley or contraverfie arryfis betuix tua brether of the Minifterie, thocht it be in ciuill materis, gif thay bayth be of ane Prefbiteric, that thay eleét breder of the faid Prefbiterie, to quhat nymber thay think beft, quha fall chofe ane ouirman, and fummerlie de- fyde and gif fentence in the mater, quhilk falbe irrevocabill, and na ap- pellatioun to be interponit therfra: And gif thay be of diuerfe Prefbi- tereis, that thay lykwayis mak eleétioun of bretherne of ather of the Pref- bitereis in equall nymber, as the faidis contendentis fall aggrie ; quhilk breder fa eleétit fall cheis ane ouirman, and defyd and gif fentence, as faid is, fra the quhilk na appellatioun falbe interponit ; and gif ony broder wilbe wilfull and refuis this forme and fubmiflioun, he falbe haldin be the Kirk contumax. And that this aét be put in executioun prelentlie for decilioun of the contraverfie betuix James Anderfoun and Mr Henrie Guthrie.

The Generall Afflemblie hes gevin commiflioun and exprefs command to the bretherne of the Prelbiteries of Glafgow and Paiflay, with all poflible deligence, efter the difolwing of this prefent Affemblie, to charge Robert Lord Semple to feparat and divyd fra him and out of bis bounds, viz. out

816 THE BOOKE OF THE 1593.

of Cunnynghame and the Schireffdome of Ranfrow, Helene Drummond, adultrix ; and that in caice the faid Lord be tryit to be fund in fufpeét place with the faid Helene in ony tyme cuming, athir within or without his bounds, or {cho not to be removet, as faid is, the faids Prefbitereis to proceid aganis the faid Lord and Helene to excommunicatioun, and _pro- nunce the faid fentence aganis thame bayth, vpon their dilfobedience, the famyn being tryit ordourlie befor the faids Prefbitereis: as alfo that the faidis Prefbitereis proceid in forder tryell of the faids Lords apoftacie, and contempt of the Word ; and fynding him giltie to injoyne fic difcipline him as may remove the {klander, and to command him to obey and fulfill the fame, or ellis ypon his refuffell to excommunicat him.

Ordaines the Prefbiterie of Perth to tak ordour for tranfporting of Mr James Row to fum vther kirk with his awin advyfe, with the firft oppor- tunitie betuix and the nixt plat.

Anent the Minifterrie of Sanét Androis. Memorandum, The act is lyin in forme amang the reft, qubilk fould be regiftrat.

The Generall Affemblie of the Kirk, be the authoritie gevin to them be God &. Memorandum, To infert the faid act. It is lyin with the reft.

Forfameikill as in anfuering of billis gevin in ynto the Generall Affemblie often tymes for lack of knawledge of the ftait of the complents, anfueris ar gevin thairto rekleflie to the preiudice of bretherne: thairfor for remeid therof in tyme cuming, that the Commiffioners of tha parteis quherin the complents ar maid, gif they be prefent, be callit be the breder appointed to the anfuering of the bills, for thair better informatioun.

Anent the Miniftrie of Sanét Androes: The Generall Affemblie or- daines and appoints Mr David Black, Minifter of Sanét Androes, to dif- charge the duetie of a laufull ordinar Paftour therin, in preaching the Word, miniftratioun of the facraments, and exercile of difcipline, fo farre as he is able to doe, according to the mealure of his gifts that God hes be- ftowit on him: And to the intent that the faid Mr David may, with fruit and confort, travell in the faid miniftrie, the faid Aflemblie ordaines the faid Mr David to give in to the Prefbitrie ther fuch things as he wald have furtherit and brocht to paffe for the weill of the faid congregatioun and mi- niftrie therof, to the performance quherof the faid Prefbitrie fall indevore themfelves to thair vttermoft, having befor thair eyes the honour of God, the weill of the peiple and towne, and the eafe and peace of thair awin

1593. UNIVERSALL KIRK OF SCOTLAND. 817

contviences ; ynto the quhilk Prefbitrie this [prefent] Affemblie grants and committs thair full power and authoritie for that effect. And becaufe the faid Mr Dayid is not able to entir in that charge alone, the faid Affemblie hes nominat Mr Robert Wallace, for the {peciall meitt qualities they know to be in him, to be affociat with the faid Mr David, as ane fellow labourer in the miniftrie forfaid ; givand full commiflioun to the Prefbytrie to try the confent of the haill towne and Vniverlitie of Sanét Androes, concern- ing thair lyking of the faid Mr Robert to be affociat in the miniftrie, as faid is; and finding no reafonable caufe [alledgit and] verified againis the faid Mr Robert, in lyfe or doétrine, quherfor they fould not give thair con- {ent and approbatioun to the faid Mr Robert, for the caufe mentionat, bot the moft part of the towne and Vniverfitie confenting to his refait, the Generall Allemblie ordaines [the faid Prefbitrie] to affociat and place the faid Mr Robert, fellow labourer in the miniftrie of Sanét Androes, with the faid Mr David Black; and the faid towne of Sanét An- droes to pay the faid fellow labourer his ftipend thankfullie, ac- cording to the promife made in Synodall and Generall Affemblies. And in cace the moft part of the faid ‘Towne and Vniverlitie confent not to the receiving of the faid Mr Robert, the Kirk gives libertie to the faid Mr David, with the advyce of the [{faid] towne, to choofe ane brother of quhom they may both have lyking: And to the intent this or- dour takin with the Miniftrie of Sanét Androes as is above fett downe, may be the better performit and fettlit, the faid Affemblie gives commif- fioun to Mrs Robert Bruce [and] David Lindfay, conjunétlie and feverallie, as thair adois and occafiouns may permitt, to vilite the faid Kirk of Sanét Androes in thair returning from the Affemblie, and travell with the whole number of the faid Kirk, for putting of thair miniftrie to ane peaceable flay and ordour ; as alfo to fie that quhilk is decernit in this Affemblie concern- ing the landwart, to be forderit and brocht to pas, and for quyeting the eftate of the towne.

Mr William Cock, Commiflioner, for the Proveft, Bailgies, and Counfell of the towne, diffaffentit from the nominatioun of Mr Robert Wallace.

The Generall Affemblie, be the authoritie givin to them of God, dif- charges all and every Chriftian within the Kirk of Scotland, from repairing to any of the King of Spaine his dominiouns quher the tyrranie of Inquifi- tioun is vfed, for traffique with merchandice, negotiatioun, or exerce of

OL

—— —— ——o >

818 THE BOOKE OF THE 1593.

fea fairing occupatioun, vntill the tyme the Kings Majeftie, be the advyce of the Counfell, hes focht and obtainit fpeciall libertie and licence from the King of Spaine for all his liegis and fubieéts, to traffique in merchandize, and occupie within the haill pairts of the faid King of Spaine his domi- niouns, without any danger to thair perfone or guds, for the caufe of thair religioun or con{cience, vnder the paine of incurring the cenfures of the Kirk, untill the laft fentence of excommunicatioun. *

* The proceedings of this Assembly, with the exception of the two last articles, are printed from a Manuscript in the possession of the Very Reverend Principal Lee, which appears to be the original Minutes in the handwriting of one of the Clerks of the Church.

1594. UNIVERSALL KIRK OF SCOTLAND. 819

A.D. M.D.XCIV.

Tue Generall Afflemblie of the Kirk of Scotland conyeinit at Eden- burgh, the 7 day of May 1594 geirs.

Exhortatioun beand made be Mr David Lindefay, laft Moderatour, the Atlemblie proceidit to the eleétioun of ane new Moderatour ; and appoint- ing the leits, Mrs Andro Melvill, Patrick Galloway, Patrick Simfone, Robert Pont, the faid Mr Andro was chofen hac vice.

Seflio 2= 8 Maij.

The neceflitie of the tyme, and affaires quhilk are to be intreatit, being contidderit be the Kirk, it was concludit that no brother having commif- fioun to this Affemblie depart from the famein, befor the finall diffolutioun therof, without licence obtainit therfra wnder the paine of fufpenfioun from thair office, vntill they be reponit be faid Generall Affemblie therto againe,

And as concerning the penaltie of Commillioners that comes not to the Affemblie at all, or remaines not quhill the end therof, ordaines the Regif- ter to be confidderit, quhat hes bein ftatute already, and to report after- noone.

820 THE BOOKE OF THE 1594.

Seflio 3 Eodem die.

Anent the citatioun of James Drummound, Oliver Gong, James Adie, Johne Reid, Patrick Juftice, William Hall, indwellars of Perth, at the in- ftance of the brethren of the Prefbitrie ther, for the flanderous refetting of the apoftats Lords within thair towne: The faids perfons compeirand, and inquirit, If they receipt the faids Lords, and acknowledgit therin fimplie ane offence done to God and his Kirk, anfuerit, They receipt them, bot againft thair will, and for obedience givin to the Kings charge; al- wayes befor the comeing of the charge, the greateft part of the towne had condifcendit to receive them: and being urgeit with the promife they made not to receive them, and violatioun therof, anfuerit, That promife of affiftance was made to them and not keipit. After quhilk anfuer, being removit, and certaine good brethren direét to conferre with them, and re- entring, they for themfelves, and in name of the haill toun, confeft to the glorie of God and fatiffaétioun of the Affemblie, that they were over rafh and fudden in receiving fuch notorious enemies to God, defyring moft earneftlie that no man be flanderit or take evill example therby ; protefting before God, they entrit in the towne againes thair hearts that are prefent heir, promifeing, be Gods grace, nevir to give occafioun in tyme comeing, and to alflift and mantaine the true Kirk of God and his religioun profeft publicklie within this realme, and to refift the enemies and adverfaries therof to the vttermoft of thair power, and to obey and put in executioun, fo farre as concernes thair duetie, the ordinances of the Kirk aggrieing with the Word of God: Quhilk profeflioun they gave in wryte, and fub- fcrivit the famein with thair hands, fo many as could wryte, in prefence of the haill Kirk ; quherwith the brethren flanding content, ordainit the Mi- nifter of the towne of Perth to publifch the famein in pulpitt, and to de- clare the fatiffaétioun of the Affemblie theranent ; ordaining alfo the actis concerning this offence, regiftrat in the bookes of the Prefbitrie, and pro- cefle deduceit therin againft the towne, to be obliterat and put out of the Regifter.

1594. UNIVERSALL KIRK OF SCOTLAND. 821

Sellio 4" 9 Maij.

Anent the fentence of excommunicatioun pronouncit be the brethren of the Synodall Alfemblie of Fyfe [in Oétober,] againft the apoftat Lords : The haill Affemblie, in ane yoyce, ratifies and avowis the faid fentence, and proces of excommunicatioun led again{ft them; ordaining the haill Pattours within this realme, to intimat folemnlie at thair kirks the faid fentence, that none pretend ignorance of the fame; except Alexander Lord Hoome, quho hes fatiffied the Kirk, and is relaxit therfrom.

Forfameikle as particular inquifitioun hes been made of the Pretbitries, concerning thair diligence for extirpatioun of Papiftrie, difcipline yfed again{t them, and receipters of excommunicats and Jefuites and Seminarie Priefts, querthrow the danger evident to the true religioun and the Kirk of God may be rightly weyed, It was thocht meit to take a confideratioun of his Majetties indevore and of the haill Kirks forder in this matter ; quherin, firlt, findrie of his Majefties good ettlings were laid down, {pecial- lie at the raid of Aberdein, quherin his Majeftie, Noblemen and Barrons, conveinit, made a Band for [the] furety of religioun, tooke the houfes of the apoftates, and put men into them, callit fuch as were Papifts, quhilk were fent to Edenburgh to fatiffie, and commiflioun givin be his Majeftie to the Erle of Marfchell of Lieyetennandrie for reprefling of Papitts and traf- fickers.

Sicklyke diverfe Barrons callit in be his Majeftie to cognotce the fame to be thair hand wrytes of the blankes fubfcrivit be the apottate Lords, quho verified the famein to be thair hand wrytes.

Item, After his returning from the faid raid, ane aét of Countell made, that nane fould procure at his Majeftie to any favour or grace to them, with ane charge to his Minifters to take the oathes of his domettickes, that they fould no wayes interceid for them at his hand; quhilk was done.

[And as concerning the part of the Kirk in thir dangers: That it may appeare they have not bein ydle or negligent [in] craveing remedie, thair travells was confidderit in this, that Commillioners from the Affemblie had proponit articles to the Parliament for forfaultour of the apoftat Earles ; that petitions were direétit from a Convention of Minifters and Barons holdin in Edinburgh, to the King when he was at Jedbrught, and again

822 THE BOOKE OF THE 1594.

from another Convention holden at Linlithgow ; of all quhilk {mall fucceffe hes bein, and the danger nothing diminifchit. C. & B.]

Followeth the tenour of the Band and A& above fpecified, [ordained to be regiftred in the Books of the Affemblie. C.]

We, Noblemen, Barrons, and vthers, vnderfub{cryveand, being fullie and certainelie perfwadit of the treafonable practifes and confpiracies of fundrie his Hienes vnnaturall and vnthankfull fubieéts againft the eftate of the true religioun prefentlie profeft within this realme, his Majefties per- fon, crowne, and libertie of this our native countrey, and finding his Ma- jefties good difpofitioun to prevent and refift the famein, and to repreffe the cheif authors therof, his Majeftie having our concurrence and afliftance to the famein effect, Therfor, according to our bound duetie and gzeale aught to Gods glory, love of our native countrey, and affeétioun to his Majefties perfon, crowne, and eflate, we have promittit, and be thir pre- fents promitts, faithfullie binds and obleifhes vs, and everie ane of vs, to ‘concurre and take ane effald, leill and true part with his Majeftie, and ilk ane of vs with vthers, to the libertie and defence of the faid true religioun, crowne, and countrey, from thraldome of confcience, conqueifch and flave- rie of flrangers, and refifting, reprefling, and perfute of the cheife authors of the faids treafonable confpiracies ; as, in fpeciall, of George Erle of Huntlie, William Erle of Angus, Francis Erle of Erroll, Sir Patrick Gordoun of Auchindoun, Knyght, Sir James Chifholme of Dundarne, Knyght, Mr James Gordoun, William Ogilvie, Robert Abercrumbie, and all vthers Jefuites, Seminarie Preifts, traffiqueing Papifts, and vthers, his Hienes declairit traitours, rebellious and vnnaturall fubieéts, treafonabill practifers againft the eftate of the true religioun, his Majefties perfon and crowne, and libertie of this our native countrey: And to that effect, we, and every ane of vs, fall putt ourfelves in our armes, ryfe and concurre, and pafle fordwart with his Majeftie his Livetennants, or vthers having his Majefties power and commiffioun, at all tymes, as we falbe requyrit be proclamatiouns, miflive letters, or vther wayes, and fall never fhrink nor abfent ourfelves for any particular caufe or quarrell amongit ourfelves : We fall not ryde, affift, fhew favour, give counfell to [nor take part with ] the faids Erlis, Jefuites, nor vthers forfaids, nor get with the perfons de-

1594. UNIVERSALL KIRK OF SCOTLAND. 823

nuncit, or that falbe denuncit to the horne, or declarit fugitives fra his Majefties [lawes,] for the treafonable fyre raifing and burning of the place of Dunibirfle, and murther of ymquhile James Erle of Murray, and neither receipt, fupplie, nor intertaine them, nor get furnifch them meat, drink, houfe, nor harberie, nor ytherways have intelligence with them, privatly nor publickly, be letters, miflives, nor no yther manner of way ; the fkaith and harme of ythers we fall not conceale, but difclofe and imped the fame to our vtter powers ; the quarrell or perfute of vs or any of vs we fall ef- teime, lykeas prefentlie we doe efteime, equall to vsall; and, be ourfelves, our haill forces, lykeas his Majeftie, with his Hienes force and authoritie, hes promittit and promitts to concurre and aflift together, ilk ane in the de- fence of ythers to our vtter powers ; and in cace any variance fall happin to fall out amongft any of vs, for quhatfumevir caufe, we fall fubmitt, lykeas prefentlie we fubmitt vs, to the judgement and delyverance of any two or thrie of the principalls of vs, fubferyvers of this prefent Band, and fulfill quhat- fomevir falbe declarit be them but reclamatioun or contradictioun.

Attour his Majeflie, be whole direétioun and command, with advyce of his Countell, ther is certaine Barrons and vthers Gentlemen direétit to remaine in the fouth parts of this realme, hes promittit, and be thir prefents promitts, be the word of a prince, that the famein Barrons fall not be licentiat to returne home againe to the faids north parts; neither fall any favour be grantit to the fuids Erles, Jefuits, nor ytheris above mentionat, nor [no] ordour tane nor difpencit with, without the fpeciall knowledge and advyce of the Livetennant and Commillioner for the tyme, and fixe of the principall Barrons, at the leaft, inhabitants of the faids north parts, fubferyvers of this preflent Band: And this to doe, we, the faids Noble- men, Barrons, and vthers forfaid, hes fworne and {wears be the great God our Creatour, Jefus Chryit his Sonne our Redeimer, the Holie Ghoft .our Sanctifier, witnelles of the veritie heir aggried vpon, and revengers of the breake therof; and farder obleifhes vs heirto vnder the paine of per- jurie, infamie, and tinfell of credit perpetuallie, honour and eftimatioun in tyme comein, belydes the ordinarie paines of the lawes to be execute vpon vs, in ligne and memorie of our ynnaturall defectioun from God and his Majetlie. In witnes quherof, we have fubfcrivit thir prefents with our hands, as followes, lykeas his Majeflie, in tokin of his allowance and approbatioun of the premiiles, hes fubferivit the famein, att Aberdein the day of Marche 1592.

o--~

824 THE BOOKE OF THE L 1594.

[The names of thefe that fubcrived the Band anent the Religion, at

Aberdeen, March 1592.

JACOBUS REX.

Lennox.

Atholl.

Marr.

Marifhall.

Henry Stewart of Uchiltree. Cancellarius.

James Lord Lindfay. John Lord Invernefs. Inuermethe.

John Malter of Forbeffe. Sir Robert Melvill. Blantyre.

[Cockburne, Sir John ?] Cobrone.

Tullibardine.

Sir George Hume.

Alexander Hume.

Drum.

John Grant of Frewquhy. Walter Ogilvie of Finlater. Philorth.

Pitiligo.

Robert Innes of that ilk.

John Midletoun of Kilhill. Walter Ogftone of Fettercarne. William Achanachie of that ilk.

Mr William Meldrum of Mancofer.

Robert Falconer of

James Lyall of

Arthure Gardine of Banchrie. George Hume.

Kenneth M‘Kenzie of Kintail.

George Ogilvie of Banff.

J. Lindfay of Brodland.

George Roffe of Balnagoun.

William Forbeffle of Tolquhown.

John Forbeffe of Echt.

William Strachan of Glenkindie.

Alexander Blakhall of that ilk.

John Lumfdane of Cufchnie.

John Urquhart of Culbo, Tutor of Cromertie.

John Cuming of Earnfide, gounger.

William Leflie of Wardes,

Alexander Forbes of Thainftoune.

Mr Alexander Cuming of Ailter.

William Burnet of Camphell.

Patrick Gordon of Hilhead.

Andrew Harvy of Elke.

William Forbeffe of Corfe.

Alexander Forbes, Tutor of Brux and Gelane.

Alexander Forbeffe of Fingafk.

William Keith of Ludquharne.

Alexander Skeene.

Donald Farquhardfone of Tilligar- month.

Thomas Frazer of

Heétor Munro of Foullis.

Andro Frafer in Tyry.

William Sutherland of Duffus.

Alexander Hay of Dalgetie.

Walter Cheyne of Arnege.

1594. UNIVERSALL KIRK OF SCOTLAND. 825

Patrick Cheyne of Eflmonth.

Gilbert Meingeis of Petfoddelis.

J. Burnet of Leyis.

William Forbefle of Carfindea.

John Gordon, with my hand, soung- er of Auchindore.

Alexander l’orbeffe of Auchintoul,

George Jhoneltoune of that ilk.

John Forbefle of Colleis.

George Bannerman of Waterton.

James Gordon of Haddo.

Andrew Reid of Collefloune.

Androw Tillidaffe of Ranneftoun.

Andrew Frafer of Stoniewood.

William Forbeffe of Monimufk.

James Mortimer, feir of Cragivarr.

Petrie Leflie of that ilk.

Petrie Leflie of Kincragie.

Androw Lellie of Newlellie.

James Stewart of Ryland.

John Frafer of Crichie.

James Innes of

William Abernethie of

Thomas Leafk of that ilk.

David Brodie of that ilk.

Mr William Leflie of Warthill.

Mr James Skeen of Weftercorfe.

Alexander Strauchan of Thorntoun.

Mr Robert Douglas of Glenbervie. J. Arefkine of Pitodrie.

Robert Straquhan of Dillivaird. [Sir John] Witheart of Pittarow. Robert Arbuthnet, feir of that ilk. William Roffe appeirand of

John Dumbarr of Maynes.

Walter Watt of

William Udney of that ilk.

Alexander Dumbar appeirand of Tarbat.

Mark Dumbar of Dullus.

William Seatoune of Blair.

John Keith of Rewintcraig.

Duncan Leflie of Pitcaiple.

Robert Coutis of

George Mortimer of Auchinbeadie.

Alexander Buchane of Auchmacoy.

John Grahame appeirand of Morphie.

John Pantoun of Pitmedden.

Alexander Chalmer of Balnacraig.

John Roffe of Auchlofin.

George Meldrum of Drumbrek.

Archibald Douglas of Pendreich.

Robert Tulloch of Tannacheis, Proveft of Forreffe.

Alexander Cumming appeirand of Alter.

William Keith appeirand of Pittarey.

John Keith of Northfeild.

Alexander Ogilwy of Boyne.

John Hay appeirand of Lochloy.

Alexander Kinnaird appeirand of Cubin.

John Leflie of Dandileith.

William Wrwing of Beltie.

George Ogilvie of Cullen.

John Chalmer of Bobithen.

John Abercrombie of Skeith.

William Dumbreck of Wrtoune.

Hugh Crauford of Quhithill.

George Adamfon of Brako,

Jobn Innes of Auchlunkart.

John Forbefle of Auchanachie.

William Abercrombie of

Robert Innes of Elrick.

5M

826 THE BOOKE OF THE 1594.

William Chalmer of Achorthie. Magnus Mowat appeirand of Bucholy.

William Forbelfe of Barnes. William Ogilvie appeirand of Alexander Skeen of that ilk. John Ogilvie of John Irwine of Petmurchie. Thomas Innes appeirand of Edingeith.

Alexander Caddell of Aflowan. Alexander Gardine of Blackfuird. Alexander Innes appeirand cf Path- George Gardine of Banchrie.

nick. Alexander Keith of Andrew Meldrum appeirand of Thomas Burnet of Craigmyle. Alexander Hay of Alexander Abernethieof Lafhindrum. f Alexander] Burnet of Gafk. Alexander Spence of Boddum. William Ierquharfone of Kelleyis. James Creightoun of Coulen. William Craig of Craigfiintrie. James Ogilvie of Blerock. Gilbert Ogilvie of James lorbeffe of Fichile. William Pendreigh of that ilk. Alexander Annan of Achterellen. Alexander Leflie of Bucharne. Andrew Meldrum of Auchorthie. Mr John Innes appeirand of Cokfton. David Ramfey of Bomaine. Alexander Frafer of Dorris, Seatoun of Craigie. Andrew Knokis of that ilk. John Cruikthank of Tillimorgen.

[Apud Halirudhous quinto die menfis Januarij. .Annoj® y° Ixxxxij°.

Forfamekill as albeit the dangerous effeétis of the couerit and bifly trauellis of Jefuitis, Seminarie Preiftis, born fubieétis of this realme, and fum vthiris ftrangearis, thir late geiris hes bene oft efpyit and fearit, and for that caus, be findrie louable lawis, aétis, and proclamationis, alfwele thair awin remaining as thair reffett, prohibite vnder diuers heich panes ; zit thair cullourit fimplicitie and entilementis hes fa fer preuaillit as thay haue nocht onlie purcheft to thame felffis fauour and eredite to be keipit, huirdit, and intertenyit in findrie pairtis of the realme, eftir mony promiffes maid that thay fould haue departit furth of the fame, but als thay haue tane occafioun and lafure to perfwade findrie of his Hienes fubieétis to apoftacie frome that religioun quhairin thay wer fofterit, weill inftructit and groundit, and hes confermit vtbiris in thair errouris, and at laft feduceit thame to caft of thair dew obediens quhilk they aw to his Maieftie, and entir in treffounable confpiracie for inbringing of ftrangearis Spangeartis in this

1594. UNIVERSALL KIRK OF SCOTLAND. 827

realme, this nixt {pring or founer, to the ouerthrow his Hienes and all profefling the trew religioun with him, and to the ruyne and conqueitt of this ancient kingdome and libertie qubilk this natioun hes inioyit fa mony ageis, that it may be fubieét heireftir to the flauerie and tyrrannie of that proude natioun, quhilk hes maid fic ynlauchfull conqueift in diuers pairtis of the warlde, alfwele ypoun Chrifteanis as Infidellis, quhereuir the ayd of Spayne hes bene focht ; regairding in the end na better thair inbringaris nor thame aganis quhome thay wer inbrocht, being anes victoris and commandaris, as eafilie may be provin be fpeciall examplis, quhilk the malicious and yn- naturall fubieéts of this realme wald repute bot as generall and improbable difcourfis, publift in haitrene of that natioun to quhome thay haue alreddy fauld thame flaveis, and ar thair freindis and factouris in this land as thay fpeik and write, wer nocht it hes bene the gude plefure of Almightie God to mak the pruffe heirof certane and without all doubt, be detecting of the limple trouth of the intentioun and finall caus of all the craftie praétizes of thir pernicious trafficquing Papiftis, Jefuitis, and Seminarie Preitftis, aganis God, trew religioun, his Maieltie, and libertie of this cuntrey ; namelie, Maifter James Gordoun, fader bruthir to the Erll of Huntlie, Maifter Robert Abircrumby, fader bruthir to the Laird of Murthley, quhais letters, direétionis, aduyfes, zea and the mellingeris caryaris of thair credite and certane ythiris cheiff inftrumentis and furtheraris of thair trade, God hes caflin in his Hienes handis, quhen the fhip appointit for thair tranfporting wes in full reddynes to mak faill: Quhairby his Maieftie is now not onlie fufficientlie foirwarnit of the eminent dangeir to trew reli- gioun, his awne eftate and perfone, his realme and faithfull fubieétis, bot refoluit with Godis help, be quhais Prouidence he hes bene fa wounder- fullie delyuerit fra mony former perrellis, to try the full circumftanceis of this fa heich a conf{piracie and deteftable treffoun, to withftand it, and pynifhe the fame on all gilty thairof, in example to the pofleritie ; and that nane of his fubieétis heirtofoir abufit and diffavit be the craftie illufionis of thir pernicious and bufy werkmen, fall remane ony langar doubtfull of the treuth, or of his Maiefteis awne mynd and intentioun, Ordanis letters to be direét to officeris of armes, Schireffis in that parte, to mak publicatioun of the premils, be oppin proclamatioun, at the mercat croceis of the heid burrowis of this realme and ythiris placeis neidfull, for warning thame of thair awne dangeir, giff thay fall fuffir thame {elffis to be ony langer led in errour be fic diffavable {pirittis, to the

828 THE BOOKE OF THE 1594.

perrell of thair faulis, bodyis, landis, and guidis; and therfoir to abftene frome forder harkenning to thair treffounable perfwafionis, and frome all intertenyng, reflett, fupplee, intercommoning, or haueing intelligence with thame, direétlie or indireétlie, vndir quhatfumeuir pretext or cullour, vndir the pane of treffoun; commanding alfwa all and findrie his Hienes faithfull and obedient fubieétis that luiffis and feiris God, and wald the ftanding and weilfair of his Maieftie thair Souerane Lord and King, pro- felling with him the faid trew and Chrifteane religioun, and defyris that thay, thair awne wyfiis, bairnis, and pofteritie, fould now and heireftir enioy the commoditeis of this thair natiue cuntrey, vnconqueift and made flaves in faullis and bodyis to merciles ftrangeris, that thay eirniftlie imploir the mercy and protectioun of Almichtie God for thair defence and faue- gaird ; and putt thame felffis in armes be all the gude meanis thay can, re- maining in full reddynes to perfew or defend as thay falbe certifeit be his Maieftie or vthirwayes findis the occafioun vrgent ; in the meantyme dili- gentlie efpying and getting intelligence of the treflounable courfes and procedingis of the faidis Jefuitis, Seminarie Preiftis, and trafficquing Pa- piftis, thair fauouraris, mantenaris and reflettaris, and mak aduertifment to his Maieftie or ony of his Counfall thairof, with all fpeid and celeritie, as thay will anfuer to God and his Maieftie thairvpoun. Reg. Sec. Cone. ]

The Generall Aflemblie of the Kirk gives commiflioun to thair breth- ren, Mrs Patrick Galloway, the Kings Majefties Minifter, Peeter Black- burne, and Patrick Simfone, to give informatioun to his Majeftie [refiding then at Sterlin] of the evident danger imminent to the Kirk of God within this realme, according to the inftructioun givin to them ; and therwithall to prefent to his Majeftie the humble articles and petitiouns of the Aflem- blie proponit for removeing of the faids dangers; and to infift with all humilitie and due reverence for his Majefties good anfuer thervnto, to the glorie of God and good of his Kirk ; and to report with all good diligence his Majefties anfuer, before they diflolve.

1594. UNIVERSALL KIRK OF SCOTLAND. 829

The dangers quhilks, throw the impunitie of the excommunicat Pa- pilts, traffiquers with the Spaingeards and vthers enemies of the religion and eftate, are imminent to the true religion profeft within this countrey, his Majefties perfon, crowne, and libertie of this our native countrey.

The famein dangers, quhilks of befoir be the craftie and pernicious prac- tifes of the Jefuites, and the malicious, vnnaturall, and treafonable con{pi- racies of the Erles of Huntlie, Erroll, and Angus, with thair complices, threatins the fubverlion of the true religioun, and the profeffours therof, his Majefties crowne and perfon, and betraying of this thair native coun- trey to the cruell and merciles Spaingeards, and were at that tyme dilco- verit, and [vively] apprehendit be his Majeftie and Eftates, and haill body of this realme, fo 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 greateft, as may evidently appeir be the realons following :

Firft, It is certaine that the Spaingeard, quho, with fo great prepara- tioun in the 88 geir, interpryfed the conqueilch of this yle, remaines as det in that firme intentioun, and waites only vpon a meitt occafioun to accomplith that his purpole, as appeirs cleirly be his continueing in [this] intertainment of intelligence and traffiqueing with the forfaids excommuni- cats ever fince the diflipatioun of his navie.

Secondlie, The manifeft rebellions of the forfaid excommunicats and defectioun from his Majefties obedience, after fo evident appeirances of thair wrack for thair manifefi and treafonable attempts at the Brig of Die, at Falkland, &c. and the proofe of his Majetties clemencie and favour to- wards them in pardoning thair foirfaids treafons, declares that thair mali- cious and reftles ingynes in the profecuting of thair vnnaturall con{piracies aganis the religioun and countrey, cannot leave [off] nor ceafe fo long as they are not punifchit, nor reftrainit by juftice and executioun of jultice.

Thirdlie, Quheras the Kirk, at all occafiouns, hes infiltit to declare to his Majeftie and Counfell, and Eftates, the dangers evident for the tyme, and to crave convenient remedies therynto, get in effect nothing hes bein obtained thervnto, notwithftanding quhatfomevir promifes, actis, proclama- tions, readis &c. ; quherthrow they have bein alwayes put in great fecuritie, and takes libertie and boldnes of farther pracétifes and attempts,

830 THE BOOKE OF THE 1594.

Fourthlie, Notwithftanding it was exprefilie provydit be aét of Counfell, that none fould prefume to traffique or {peake in favour of the faids ex- communicats, vnder the paine of tinfell of thair offices; zet now they are advancit in greater credit of his Majeftie, that have bein knowin to be thair cheifeft favourers ; and they ceafe not get, contrair to thair promifes, to procure them all favour, ficht and immunitie, as it appeirs in effect, quhatfoevir they pretend.

Fyftlie, The ereétioun of the idolatrie of the Mefs in diverfe quarters of the land, as, namelie, in Mr Walter Lindfayes houfe of Balgay in Angus, in the gong Laird of Bonytounes houfe of Birnes, in the Erle of Angus houfe of Bothwell in Cliddifdaill, and in the places of his refidence in Dowglafdaile, and in the Erle of Huntlies houfe of Strabogie and Auld Aberdein, in the Erle of Errolls houfe of Logieamount and Slaines, proves cleirlie that either they find themfelves fufficiently affured of fuch favour and afliftance within the countrey as may plainly mantaine thair caufe be force, or els [that] they are perfwadit of the aide of ftrangers, to be at readines in fuch due tyme as they may ferve for thair releife, before that his Majeftie and the profeffours of religioun performe any thing in effeét in the contrair, or vtherwayes they durft nevir fo openlie difclofe thair idolatrie.

Sextlie, The refufeing of the act of abolitioun offerit to them be his Majeltie, to the great greife of his good fubiects, proveth fufficiently the famein ; for it is very probable and manifeft that they nevir wald have refufit fo great a benefite, except they had thoght themfelves fullie aflured of a better, either be favour of Court and afliftance within the countrey, or be [concurrance and] aide of ftrangers without.

Sevinthlie, Thair refuifall to entir in ward, notwithftanding of his Ma- jefties indignatioun, and all that might follow thervpon, proves the famein.

Auchtlie, The late arriveall of this barke at Montrois evidently fhawis, that thair dangerous praétifes are prefentlie at the point of executioun aganis the religioun and the countrey, and mon haftilie bring foorth fome great inconvenient, except they be preventit and refiftit be ane prefent remedie.

Nynthlie, The oppin conventiouns of the forfaid excommunicat Erles haldin at Brechin and vther places, fince the arriveall of the faid bark, de- clares that they efteime thair courfes now to be fo fubftantially led, that they regard not quhat [may] be done for refifting of the fame.

1594. UNIVERSALL KIRK OF SCOTLAND. 831

10. The diligence of the faids excommunicats in preparing and putting thair haill forces in the north in armes and readines, vpon advertifement, {hewis that they have fome prefent interpryfe, and attends only vpon con- curreance, quhilk appeirandly they are verie meikle animat to looke for lince the arrivall of the faid bark.

11. Quheras his Majeftie and Eftates, at the firft difcoverie of thair con- {piracies, apprehendit a very great danger to true religioun, the Kings Eftate and Crowne, and libertie of the countrey ; and notwithftanding that the famein caufe of danger as git remaines haill ynremovit, ther is no apprehentioun of any danger, nor earneft care to withftand it: It is evi- dent, that either ther is ane inclinatioun and purpofe to cover, extenuat, and beir foorth the evill caufe, quherthrow they will not fie; or els the Lord in judgement hes blindit and hardnit the hearts of all Eftates, to grop in the mid day that quhilk they cannot fie, quhilk is the greateft danger of all, and ane molt certaine argument of the wrath of God, and his heayie judgement hingand over the land, and fo meikle the more to be fearit, be- caule ther is no caufe of feare apprehendit.

Remedies of the famein.

For remedie of the forfaids dangers, the Affemblie ordaines the Com- miflioners to deale earneftly with his Majeflie, that he may apprehend the perrill, and be moyit with ane bent affectioun, to proceid againft the foir- namit excommunicats, Papifts, traittours, as followis.

The Remedies. The Kings Antuers.

1. That the faids excommunicats There sall nothing of the turne be vn- be forfaultit without favour, and to done on my part, as I have at lenth de- that effeét, that the Parliament ap- clarit to the beirers. pointit to the 27 of this inftant, be haldin preceiflie without any kind of delay ; the advocat fufficientlie in- ftructit in every point, that the fum- mounds may be found relevant, and fufficient probatioun provydit.

832 THE BOOKE OF THE 1594.

2. That none fufpect of religioun be chofin vpon the Articles.

8. That they be perfewit after the foirfaultrie be way of deid with all extremitie, and thair land and rents annexit to the crowne, to remaine with his Majeftie and fucceflours for ever, and no part therof difponit to any in favour of the perfons foir- faultit.

4. That in the meane tyme his Majefties guard be imployit for ap- prehending of Mr Walter Lindfay, the Abbot of Newabbay, Bonytoun, sounger, Mr George Ker, Mr Alex- ander Leflie, Thomas Tyrie, with all vthers traffiquers, Jefuites, and Seminarie Preifis, not contained in the fumounds of forfaultrie.

5. That the rebells houfes be takin, chargit and mannitt, [and thair] liv- ings intromettit with and yptakin into his Majefties vfe without favour, and no part therof difponit to thair friends, or any vther perfon for thair comoditie.

6. That all perfons be inhite vnder the paine of treafon, and tinfell of lyfe, land and goods, to receipt, fup- plie, ryfe, concurre, and have intel- ligence with the forfaids excommu- nicats, vnder quhatfumevir pretence of vaffalls dependers.

Great reason, and farther as I have shawin the forsaid bearers.

Great reason, the foirfaultrie being endit.

How willing I am to be imployit in apprehending any practiseing Papists, I remitt me to the bearers declaratioun.

Great reason how soone they are for- faultit; [and] I thank them for thair Counsell.

Great reason, thair foirfaultour alwayes preceiding.

1594.

7. That the haill fubieéts be char- geit to put themfelyes in armes, be all good means they can, remaining in full readines to perfew and de- fend, as they falbe certified