[A1597/3/3]*[print] [email] [cite] [preceding] [following]
Those sitting as on the aforesaid day, along with [John Stewart, earl of] Atholl.
[A1597/3/4]*[print] [email] [cite] [preceding] [following]
†The which day, in presence of the king's majesty, his nobility, council and estates presently convened, compeared personally Master David Lindsay, moderator of the general assembly of the kirk, together with the whole ministry of the same assembly presently convened, and presented and gave in certain questions and articles delivered by his majesty to the said general assembly of the kirk for their resolution and answers to have been given thereto, together with their same resolutions and answers in writing, subscribed by Master Thomas Nicolson, their clerk, desiring that the same might be registered in the books of secret council and discerned to have the strength of acts and decreets of his highness and of his said nobility, council and estates, and that their authority might be interposed thereto; and letters and executorials directed thereupon at the instance of his majesty or his advocate in his highness's name, charging all and sundry persons whom it concerns to observe, satisfy, fulfil and conform themselves thereto in all points in the appropriate form. Which questions and articles foresaid, resolutions and answers made thereto by the said general assembly of the kirk, being read, heard, seen, considered, allowed and approved by his majesty, his said nobility, council and estates foresaid, after they had at length reasoned upon every point thereof, the king's majesty, with advice of his said nobility, council and estates foresaid, finding the desire of the said moderator and ministry foresaid in this case to be very reasonable, has ordained and ordains the said questions, articles, resolutions and answers to be registered in the said books of secret council and to have the strength of acts and decreets of his highness, his said nobility, council and estates above-written. Likewise they have interposed and interposes their authority thereto, and ordains letters and executorials to be directed thereupon in manner and to the effect above-specified in the appropriate form, of the which questions, articles, resolutions and answers the tenor follows:
Articles proposed by his majesty to the general assembly held at Perth on 1 March the year of God 1596 [1597] and answers to the same
Article: 1. That it be not thought unlawful, neither to the prince nor any of the pastors at any time hereafter, to move doubts, reason or crave reformation in any points of the external policy and government or discipline of the kirk that are not essentially concerning salvation or is not answered affirmative or negative by any express part of the scripture, providing that it be done with propriety, in the right time and place and with a spirit of edifying and not attacking.
Answer: That it is lawful to his majesty, by himself or his highness's commissioners, or to the pastors, to propose in a general assembly whatsoever point his majesty or they desire to be resolved or to be reformed in matters of external government alterable according to circumstances, providing that it be done in the right time and place and with a spirit of edifying and not attacking.
Article: 2. That since the civil and political government of the country belongs only to the king's office and his councillors and is in no way pertinent to the spiritual ministry of the word, that no minister shall hereafter at any time meddle with matters of estate in the pulpit or with any of his majesty's laws, statutes or ordinances. But if any of the ministry shall think any of them hurtful to the religion or contrary to the word, they shall privately complain thereupon to the king or his council.
Answer: The assembly ordains that no minister shall reprove his majesty's laws, statutes, acts and ordinances until the time that first he, by advice of his presbytery, synodal or general assemblies, complain and seek remedy of the same from his majesty and report his majesty's answer before any further proceeding.
Article: 3. That it shall not be lawful to the pastors to name any particular men's names in the pulpit or so clearly to describe them as may be equivalent with their naming (except upon the notoriety of a crime). Which notoriety men only be defined by the guilty persons, being fugitive for the crime or being convicted by an assize or excommunicated for the same.
Answer: No man's name should be expressed to his reprove in pulpit unless the fault be notorious and public. Which notoriety is defined if the person be fugitive, convicted by an assize, excommunicated, contumacious after citation or lawful admonition, nor yet should any man be described clearly by any other circumstances except public vices always damnable.
Article: 4. That every minister in his particular application shall have only respect to the edifying of his own flock and present auditor without expatiating upon other discourses in no way pertinent for that congregation.
Answer: The brethren finds that no pastor should use application wherein he has not a chief respect to the edifying of his own flock and present auditor.
Article: 5. That every particular presbytery shall be commanded to take diligent account of their pastor's doctrine and that he keep himself within the bounds of the premises.
Answer: The assembly ordains every presbytery to take diligent account of the pastor's doctrine and that he keep himself within the bounds of the word.
Article: 6. That summary excommunication be all utterly discharged as inept, and that three lawful citations, at the least of eight days' interval between everyone of them, precede the sentence.
Answer: The assembly supersedes to answer this article until the next general assembly, and in the meantime suspends all summary excommunication until the said assembly.
Article: 7. That no session, presbytery nor synod use their censures upon none but them that are resident within the bounds committed to them, otherwise their decreets and sentences to be null.
Answer: This article is referred to the next assembly likewise.
Article: 8. That all summons contain a special cause and crime and that none be summoned super inquirendis because it is tyrannical custom.
Answer: Ordains all summons to contain a special cause and crime and that none be summoned super inquirendis.
Article: 9. That no meetings nor conventions be amongst the pastors without his majesty's knowledge and consent, excepting always their ordinary sessions, presbyteries and synods.
Answer: No conventions should be amongst the pastors without his majesty's knowledge and consent, except always their sessions, presbyteries and synods, their meetings in visitation of kirks, admission and deprivation of ministers, taking up of feuds and such others as have not been found fault with by his majesty.
Article: 10. That in all principal towns ministers be not chosen without the consent of their own flock and of his majesty, and that order to begin presently in the planting of Edinburgh.
Answer: In all principal towns ministers should not be chosen without the consent of their own flock and of his majesty.
Article: 11. That all matters concerning the whole rest of his majesty's questions be suspended unmeddled with, either in pulpit or any of their judicatories, until first all his highness's questions be fully decided. And in special that all matters importing slander come not in before them in the meantime wherein his majesty's authority royal is highly prejudiced, but only in causes that are mere ecclesiastic.
Answer: All matters concerning the rest of his majesty's questions shall be suspended, not damned nor rebuked, either in pulpit or other judicatories, until first all his highness's questions be decided in the next general assembly. And in special no matters importing slander shall come in before them in the meantime wherein his majesty's authority royal is highly prejudiced, excepting only ecclesiastical causes.
Article: 12. That seven or eight of discreet wise ministers be authorised by commission to reason upon the rest of the questions as opportunity of time will serve.
Answer: The assembly has chosen and appointed certain brethren with commission to entreat upon the said questions and report their advice and opinion to the next general assembly, referring the time and place of convening to his majesty. The brethren appointed to that effect are as follows: Master James Nicolson, Master John Cauldcleuch, Master Andrew Clayhills, Master David Lindsay, Master Thomas Buchanan, Master James Melville, Master Robert Wilkie, Master William Cooper, Master John Cooper, Master James Bryson, Master Robert Rollock, Master Patrick Galloway, John Dunkieson and Master Robert Howie.
Article: 13. That they give commission to the ministry of the north to be at one point with [George Gordon], earl of Huntly, and, in case he satisfy them, to absolve him.
Answer: The assembly gives commission to the ministry of the presbyteries of Moray and Aberdeen to insist in conference with the Earl of Huntly, and to that effect appoints five brethren out of the presbyteries north of the River Tay to concur and assist with them, namely: Master Andrew Mylne, Master Andrew Leich, Master Andrew Lamb, Master George Gladstane and Master John Ramsay, and ordains them to report their answers to the conditions and articles given to them in commission for trial of the said earl. Extracted out of the register of the acts of the general assembly by me, Master Thomas Nicolson, clerk, keeper and extractor thereof. It is thus subscribed, Thomas Nicolson.
[A1597/3/5]*[print] [email] [cite] [preceding] [following]
Those sitting as on the aforesaid day, along with [John Stewart], earl of Atholl.†
[A1597/3/6]*[print] [email] [cite] [preceding] [following]
The king's majesty, his nobility, council and estates presently convened, calling to mind the old league and amity, sundry alliance, great friendship, heartily kindness and confederacy which has continued between his majesty and his dearest brother the most Christian king of France, their progenitors, realms, dominions and subjects congratulated and entertained from time to time, and what prerogatives, preferments, honours, privileges and benefits has rebounded thereby to all estates of persons, his highness's subjects, but chiefly to the merchant estate, to whom above all others a special respect and consideration has been had in granting to them a discharge of their customs and other duties of all sorts of wares and merchandise brought within the realm of France or transported out of the same, besides sundry other liberties and privileges tending greatly to their profit and advancement, preferring them in that respect not only to the subjects of all other foreign realms and nations, but also to his said dearest brother's own natural and born subjects of the said realm of France; concerning which, no alteration nor novation has been made these many years bygone, until now of late that sundry imposts and exactions have been raised of the goods of the said merchants of this realm by reason of the civil trouble and insurrection which has intervened within the country of France these diverse years bygone, by the which form of doing his majesty, finding the said old league to be somewhat infringed and altered and the said merchants of this realm thereby greatly prejudiced, for remedy thereof, his highness, with advice of his said nobility, council and estates, has thought fit and concluded to direct his trusty and well-beloved councillor Master John Lindsay of Balcarres, his highness's secretary, as his majesty's ambassador to the said realm of France, with all convenient expedition, to procure at his said dearest brother's hands a special discharge of the said imposts and exactions and to have the old liberties and privileges of the said merchants of this realm observed and kept in time coming, requiring in that respect that the same merchants to whom this benefit is chiefly extended might be moved to agree to the making of his honourable charges and expenses requisite for this message. And sundry of the commissioners of his highness's burghs being personally present, answered that a general contribution being appointed to be collected of the whole estates to this effect, they would be content to contribute for their parts, as though the benefit were common to them all, albeit the other estates have not reported, neither are likely to report, any kind of commodity thereby, but the same commodity altogether to be converted to the use of the said merchants. And therefore his majesty, in respect of their said answer, has, with advice of his said nobility, council and estates, concluded and resolved and by this act concludes and resolves, decrees and ordains that whatsoever benefit or commodity shall rebound to the said merchant estate by the procuring of the said discharge of the said customs, imposts and exactions of their goods and merchandise, or by the observation of their former liberties and privileges granted to them of old, or otherwise whatsoever by his message, that they shall be compelled to make payment of the same customs, imposts and exactions to his highness and his successors, their comptrollers and officers accounting from the day of the procuring of the same discharge and all times thereafter, and letters and executorials shall be directed at their instance to this effect in the appropriate form; which customs, imposts and exactions his highness, with advice of his said nobility, council and estates, presently annexes and incorporates to remain with his majesty and his successors as proper rent to his crown for ever. Likewise his majesty, with advice foresaid, has also concluded and resolved that the said merchants of this realm shall in no way raise the prices of their wares and merchandise upon his highness's lieges by reason of this present act and conclusion, but that the same wares and merchandise shall remain in the estate that it is presently, unalterable in the prices thereof in any sort at all times hereafter.
[A1597/3/7]*[print] [email] [cite] [preceding] [following]
The king's majesty, his nobility, council and estates presently convened, considering the great scarcity of coined money presently current within this realm and the manifold hurts and inconveniences which not only his highness but all estates of persons have sustained and daily sustains by the want of gold, silver and alloyed money to make exchange therewith of all sorts of wares and merchandise, the profit of his majesty's coin being one of the chief rents and casualties belonging to his highness's crown, of the which profit his majesty has been disappointed this long time bygone, for remedy whereof in time coming, his majesty, with advice of his said nobility, council and estates, has given and granted and by this act gives and grants his full power and commission, express bidding and charge to his trusty and well-beloved Walter [Stewart], commendator of Blantyre, his highness's treasurer, Master John Lindsay of Balcarres, his majesty's secretary, Sir Robert Melville of Murdocairnie, knight, Sir John Cockburn of Ormiston, knight, justice clerk, Mark [Kerr], lord Newbattle, Master Thomas Hamilton of Drumcairnie, advocate, Master John Preston of Fenton Barns, Master Edward Bruce, commendator of Kinloss, Sir Archibald Napier of Edinbellie, knight, Master David Carnegie of Colluthie [and Kinnaird], Thomas Acheson, Thomas Foulis, Henry Nisbet, John Arnott or any seven of them jointly, to convene within the burgh of Edinburgh upon 1 April next to come, or any other day or days thereafter they shall think most convenient, and there to advise, confer and conclude regarding the proportion and circumscription of a new coin to be set out and have course amongst his highness's lieges hereafter, keeping always the price and fines of the silver money presently current within this realm. The same conclusion to set down and put in form and acts and proclamations thereupon to make as use is, declaring by this act that whatsoever the foresaid persons, or any seven of them jointly as said is, shall do and think fit to be done herein, that the same shall stand and have full force and effect at all time thereafter. Likewise his majesty, with advice of his said estates, presently ratifies and approves the same and generally all and sundry other things to do and use that herein and for execution thereof is necessarily required to be done, firm and stable holding all and whatsoever things the said persons or any seven of them shall do herein.
[A1597/3/8]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice of his nobility, council and estates presently convened, has given and granted and by this act gives and grants his highness's full power and commission, express bidding and charge to his trusty and well-beloved Walter [Stewart], commendator of Blantyre, his highness's treasurer, Master John Lindsay of Balcarres, his majesty's secretary, Sir Robert Melville of Murdocairnie, knight, Sir John Cockburn of Ormiston, knight, justice clerk, Master Thomas Hamilton of Drumcairnie, advocate, Mark [Kerr], lord Newbattle, Master John Preston of Fenton Barns, Master Edward Bruce, commendator of Kinloss, Master James Elphinstone of Barnton,† Master John Skene [of Curriehill], clerk register, Master David Carnegie of Colluthie [and Kinnaird], Sir Archibald Napier of Edinbellie, knight, Master George Young, archdean of St Andrews, Thomas Acheson, Thomas Foulis, or any seven of them jointly, to convene and meet within the burgh of Edinburgh upon 1 April next to come, with certain commissioners of the principal burghs of this realm, and there to treat, confer, agree and conclude regarding the payment to his majesty of the custom of all goods as well as to be transported out of this realm as which shall be imported within the same hereafter; as also regarding the import of bullion for the furnishing of his highness's mint-house for the said goods and all other wares and merchandise which shall also be transported out of this realm or imported within the same to the time of his highness's next parliament only. The same agreement and conclusion to set down and put in form and the same to report to his majesty and his estates in the said parliament to be seen and considered by them, that, if it be found fit and convenient to be observed and followed out, they may give their ratification and approbation thereto and ordain the same to have full force, effect and execution as a law at all time thereafter. For which purpose, his majesty shall not only by himself consent to the said ratification, but also shall deal and procure so far as in him lies to have the same consent and approbation thereof by the said estates; and in the meantime, until the said parliament, his majesty, with advice of his said estates, grants licence to whatsoever merchants, owners of the said goods, to transport the same goods out of this realm, they finding caution to the customs officers of the burghs and ports from where the same goods shall be shipped to pay whatsoever sums of money in name of custom as shall be agreed upon for the said goods immediately after the same agreement shall take effect. Be it always understood that in case the said commissioners of burghs shall not convene at the time foresaid, or being convened, the tenor and effect of this act in their default shall be frustrated, delayed and not take effect nor execution before 1 May next to come, that then and in that case all former acts and ordinances made regarding the uplifting of the said customs in that form prescribed therein shall take effect and be put to full and perfect execution thereafter without contradiction etc.