[A1597/3/4]¹

Procedure: articles

Articles and answers

²The 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.