The History of the Indulgence, Part 1 · Floating text 7 – Floating text 10
Halyrudhouse Septembr. 3. 1672.
THe Lord Commissioner his grace and the Lords of his Majesties Privie Councel, considering the Disordres, which have lately been by the frequent & numerous Conventicles; and being willing to remeed so great an evil, in the gentlest manner that could be thought on; and his Maj. Commissioner being sufficiently instructed herein. They do order and appoint the Ministers after-named, outted since the yeer 1661. to Repaire to the Paroches following, and to remaine therein confined, permitting and allowing them to preach and exercise the other parts of their Ministerial function, in the Paroches, to which they are, or shall be confined by this present Act, and Commission after specified, viz.
In the Dioces of Glasgow.
In Egelsham Paroch, with Mr Iames Hammilton, Mr Donald Cargil.
Paislay, with Mr Iohn Bairdy, Mrs William Eccles and Anthony Shaw.
Neilstoun. Mrs Andrew Miller and Iames Wallace.
Kilmakolme, Mrs Patrick Symson, and William Thomson.
Kilbarchan, Mrs Iohn Stirling and Iames Walkinshaw.
Killiallan, Mrs Iames Hutcheson and Alexander Iamison.
Irwing.
Newmiles, Mrs Iohn Burnet and Georg Campbel.
Phinick, Mrs Thomas Wyllie and William Sheil.
Stewartoun, Mrs William Castellaw, Andrew Hutcheson and Andrew Mortoun.
Dunlop, Mrs Gabriel Cuninghame and William Meine.
Larges, Mrs Iohn Wallace and Alexander Gordoun.
Kilbride, Mrs Robert Boid and Gilbert Hammiltoun.
Comray, Mrs Archbald Porteus and Iohn Rae.
Kilminning, with Mr Ralph Rodger, Mr Robert Fleming.
Irwine, with Mr Georg Hutcheson, Mr Iohn Law.
Kilmarnock, with Mr. Alexa. Wederburn, Mrs Iames Rowat and William Hay.
Kilmares, with Mr Georg Ramsey, Mr Iohn Parke.
Dreghorn, with Mr Iohn Spading, Mr Iames Donaldson.
Beith, with Mr William Maitland, Mr William Creightoun.
Kilbirnie, with Mr William Datlidafe, Mr Patrick Anderson.
Ardrossine, with Mr Iohn Bell, Mr Iames Bell.
Air.
Cultoun, Mr William Fullertoun.
Riccartoun, Mrs Hugh Campbel and Hugh Crawfurd.
Dundonald, Mrs Iohn Osburne and Iohn Hutcheson.
Machline, with Mr Iames Veitch, Mr Robert Archbald.
Ochiltrie, with Mr Robert Miller, Mr Patrick Peacock.
Gastoun, with Mr Alexander Blair, Mr Adam Alison.
Cragie with Mr David Broun, Mr Robert Maxwel.
Dalganie, with Mr Andrew Dalrumple, Mr Iohn Campbel.
Symentoun, with Mr Iohn Gemil Mr Francisce Irwing.
Kircudbreight.
Carsfairne, Iohn Semple, and Mr William Erskine.
Kelles with Mr Cant, Mr Georg Wauch.
Dalry, with Mr Iohn Mc Michen, Mr Thomas Thomsoun.
Balmaclellan, Mrs Iames Lawrie and Thomas Vernor, in place of Iohn Ros, when he shall be transported to Staniekirk.
Hammiltoun.
Avendale, Mrs Iames Hammiltoun and Robert Young.
Glasford, Mrs William Hammiltoun and Iames Nasmith.
Shots, Mrs Iames Curry and Alexander Bartoun.
Dalserfe, Mrs Thomas Kirkaldy and Iohn Carmichel.
Stanihouse, with Mr Iohn Oliphant, Mr Matthew Me Kell.
Cambushnethen, with Mr William Violand, Mr Robert Lam.
Dalzel, with Mr Iohn Lauder, Mr Thomas Melvil.
Lanerk.
Carlouk, Mrs Alexander Livingstoun, and Peter Kid, now at Carlouk.
Carmichel, Mrs Iohn Hammiltoun, and William Sommervail.
Culter, Mrs Anthonie Murray and Robert Lokhart.
Lamingtoun, with Mr Iohn Crawfurd, Mr William Baillie.
Lesma…ago, with M… Thom. Lawrie a regular incumbant, Mr Iames Brotherstons
Carstairs, Mrs Iames Kirktoun and Iohn Greg.
Linlithgow.
Westealder, Mrs Iohn Knox and William Weir.
Burrowstouness, Mrs Robert Hunter and Iohn Ingles.
Lothian, &c.
Lintoun, with …r Robert Elliot, Mr Robert Elliot, his Son.
Oxnam, with Mr Iohn Scot, Mr Hugh Scot.
Hownam, with Mr Iohn Stirling, Mr . . . . . Ker.
Argyle.
Killerne, Mrs Iohn Cunninson, and Alexander Mc Claine.
Kilfannan, Mr Iohn Cameron.
Campbeltoun, Mrs Duncan Campbel and Edward Keith.
Kilchattain in Lorn, Mrs Iohn Duncanson and Alexander Mc Claine.
Knapdail with Mr Dougal Campbel a Regular Incumbent, Mr Duncan Campbel.
South Kyntire, Mr David Sympson.
And yet notwithstanding of the said confinement, the Lord Commissioner his grace, and Lords of his Maj. Privie Councel, give full power, warrand and commission to the Lord Chancellovr, the Lord Duke of Hammiltoun, the Earles of Argyle, Tweddale and Dundonald, The Lords President of the Session, Register, Treasurer Depute, and Justice-Clerk, with the Bishop of the Diocess, wherein the saids Ministers are confined, or any foure of them, within the space of Six Moneths after the date hereof, to alter and change any of the Persons foresaids from any of the saids Paroches, to another of those Paroches; or to allow and confine other Persons in their place; They alwayes pitching in the first place upon some outted Ministers from that Diocess, wherein the Paroches, to which they are to be confined, dolye: And allowing none to preach, who were outted before the yeer 1662. or being outted since the yeer 1661. are under …ertifications, or sentences of any Court of this Kingdom: With power to the said Commissioners and their quorum, to confine to and allow outted Ministers, as said is, in the Paroches of Tarboltoun, Barnweel, Stevenson, Lochguenoch, Inchanen and Mearns: and that so soon as the present Incumbents in these Paroches shall be provided, and transported to other Kirks. Recommending to Patrons, to give them Presentations at Kirks that shall vaik; and particularly to . . . . . . . Patron of the Kirk of Gallouwsheils to give a Presentation thereto Mr Alexander George. To . . . . . Patron of the Kirk of Burghtoun, to present thereto Mr William Naismith. To . . . . . . Patron of the Kirk of Maclue, to present thereto Mr Robert Kincaide. To . . . . . Patron of Grainae, to present thereto Mr . . . Stewart. And for the Intertainment and maintenance of the Ministers foresaids, confined and allowed by this Act, and of these formerly indulged by the Councel: The saids Lords do think fit, that the halfe of the Stipends of the Respective Paroches, wherein they are confined, of the Crope and Yeer of God 1672. be payed to the Ministers, formerly indulged therein; and that the other halfe of the said stipend be equally devided amongst or betwixt these formerly, and now allowed to preach in the saids Paroches. The saids whole stipends, receiving in the future Division proportionably, according to the number of Persons formerly and now allowed to preach therein. And where there was no Person formerly indulged, the third part of the stipend of the yeer 1672. is to be payed to these confined and allowed by this present Act, in the respective Paroches foresaids. And in case any of the Ministers foresaids shall not serve; as they are allowed by this Act or Commission foresaid; their proportion of the said stipends are to be holden as vacant, and to be imployed, conforme to an Act to be made in this Session of Parliament, anent the disposal of the Vacant Stipends. And ordaines letters to be directed, at the Instance of the several Ministers foresaids, serving as said is, against these liable for payment of their proportions of the saids stipends. And the Lord Commissioners Grace, and Lords of his Maj. Privie Councel considering the extent of the Indulgence given by this Act, and that if the same should be any further enlarged, the regular Ministers might be discouraged, and the orderly and peacably disposed people of this Kingdom disquieted; do declare that hereafter, they are not to extend the said Indulgence, in favours of any other people, or to any other Paroches, than to those mentioned in this Act; nor to allow outted Ministers to preach in any Kirks, not herein expressed, and wherein there are not already Ministers allowed to preach by this Act.
Thus we see this Indulgence very far extended, and as far as the Counsel minded to extend the same, in all time coming: But you will say, we hear of no Orders, Instructions and Prescriptions, given unto them, whereby they were to be regulated in the exercise of their Ministrie, as others formerly allowed and licensed were. Therefore in order to this, there is an Act of Councel, of the date of the foresaid Indulgence, to this effect.
WHereas by an Act of the date of thir presents, and by former Acts of Councel, diverse Ministers ou…ted since the Year 1661. have been and are warranted and licensed, to preach at certaine Kirks, therein specified; and it being necessare for the better keeping of good Order, that the Rules following be observed by these Ministers indulged, by an Act of the date of thir presents, and these Indulged by former Acts of Councel. Therefore the Lord Commissioners Grace, and the Lords of his Maj. Privie Councel do enjoine the punctual and due observance thereof to the saids Ministers, as they will be answerable.
1. That they presume not to marry or baptize, except such as belong to the Paroch, to which they are confined, or to the neighbouring Paroches vacant, or wanting Ministers for the time.
2. That all Ministers indulged in one and the same Diocess, celebrate the Communion upon one and the same Lords Day, and that they admit none to their Communions belonging to other Paroches, without restificats from the Ministers thereof.
3. That they preach only in these Kirks, and not in the Church-yards, nor in any place else; under the paine, to be repute and punished as keepers of Conventicles.
4. That they remaine within, and depart not forth of the Paroch, to which they are confined, without license from the Bishop of the Diocess only.
5. That in the exercise of Discipline, all such cases, as were formerly referable to Presbyteries, continue still in the same manner; and where there is no Presbyterial meeting, that these cases be referred to the Presbyterie of the next bounds.
6. That the ordinary dues, payable to Bursers, Clerks of Presbyteries and Synods, be payed by the saids Ministers, as formerly.
And that the saids Ministers may have competent time for transporting of their families, and disposing upon their goods, The saids Lords suspends their confinement for the space of three moneths, to the effect, in the mean time, they may go about their affairs, providing that during the time of the said Suspension, they do keep and observe the rest of the Orders and Instructions foresaids, and other Acts, made anent outted Ministers.
There was another act of Councel made this same day, concerning all the rest of the outted Ministers, nor as yet by name Indulged and licensed, and concerning some newly ordained, as followeth.
Halyroodhouse, Septemb. 3. 1672.
THe Lord Commissioner's Grace and the Lords of his Maj. privie Councel, considering that by the Act of the date of thir presents and former Acts of Councel, certaine Ministers outted since the Yeer 1661. are confined in manner ther…in contained; and that there are remaining diverse of that Number not disposed on by the said Act, it ought also to be provided, that these may not give scandal to any, by with drawing themselves from the publick worshipe, in the Kirks of these Paroches, where they reside, nor ensnare others to do the like by their practice and example; do therefore give order and warrant to Sheriffs, Baylies of Regalities, Baylies of Baylieries, and their respective Deputes, and Magistrats within Brughs, to call and conveen before them all outted Ministers since the Yeer 1661. And not disposed on as said is, and who are not under a sentence or censure of State, resideing in the respective jurisdiction or bounds, or who shall in any time thereafter reside therein, to require them to hear the word preached, and communicat in the Kirk of those Paroches, where they dwell or repaire to; or dwell in some other Paroches, where they will be ordinary Hearers and Communicat; and to declare their resolution herein; and condescend upon the Paroches, where they intend to have their residence, and hear the word and Communicate: with power to the said Sherifs and other Magistrats foresaids to seize upon and imprison their Persons, within the space of a MonethMonth after they should be so required. And in case any of the said Ministers shall reside in the Paroch, where there are Ministers indulged by the Councel, they are hereby warranted and allowed to preach in the Kirks of those Paroches, where they reside, upon the Invitation of the Minister therein confined and allowed; and not else.
And whereas some within the Kingdom, without any lawful Authority or Ordination, take upon them the calling of the Ministrie, preach and do other Acts, peculiar to those of that function; and considering that such Presumption and Intrusion upon the sacred O…fice, tend to the Disordering and Disquieting of the Church and Kingdom. Therefore the Lord Commissioner's Grace, and the L L. foresaid of his Maj. Privie Councel do enjoyn the said Sheriffs and other Magistrates foresaids, within the respective bounds, to make search for, and seize upon and imprison such, upon tryal that they have exercised the Office of a Minister: To acquaint the Councel of their Names and place of their Imprisonment, that such course may be taken with them as they shall think fit. And further, the said Sheriffs are ordained and commanded to enquire, how the Ministers, confined and allowed to preach in their several Jurisdictions, do obey the Rules prescribed to them, and contained in another Act of Councel, of the date of thir presents, and whereof extracts are to be sent to the several Magistrates foresaid, who are hereby appointed to report to the Councel there anent, every six moneths, and betwixt and the first of june next their diligence in the execution of the order, contained in the Act, certifying them, that if they shall be negligent or remisse in the execution of the orders, given to them herein, or falzying to give in the said account, they shall be proceeded against and censured, according to their demerites.
By this Act we see what course was laid down to have all the outted Ministers cantonized, and brought under restraint, that so the Word might also be under bonds, and restricted to these bounds, to which they had been pleased to extend the Indulgence. We see also, how the Councel looked upon such, as had been ordained, but not by Prelates, and how they were to be persecuted by their Order. We see also, how the ministery of those, who were thus to confine themselves in places; where Indulged men were, is restricted by their Prescriptions, in its exercise.
But by the preceeding Act of Indulgence, we saw a number of Ministers Indulged. who were to repaire to the several places specified; and to this end every one of them were to receive their own particular Act or Summonds, to this effect.
Halyroodhouse Septemb. 3. 1672.
THe Lord Commissioner's Grace and the Lords of his Maj. Privie Councel, considering the disorders, which have lately been by frequent and numerous Conventicles, & being willing to remeed so great an evil in the gentlest manner could be thought on: and his Maj. Commissioner being sufficiently instructed herein. They do hereby order and appoint . . . to repaire to the Paroch Kirk of . . . and to remaine therein confined, permitting and allowing him to preach, & exercise the other parts of the Ministerial function in the said Paroch, with . . . formerly Indulged.
But where no Minister had been formerly Indulged, this last clause was left out. As also there was sent alongs with this act to every one of them an extract of the Councels Instructions, of the date thereof.
Here we see the Former Injunctions renewed, and pressed on all, formerly and now of late indulged; and moreover we finde some new Injunctions superadded, to wit, concerning the time of their celebrating of the Lords Supper; of purpose to hinder the greater Good and Edification of the people, who used to go to other Churches, than their owne, to partake of that Comforting and Strengthening Ordinance; Whereby also an insupportable yock was put upon their necks, to celebrat the Sacrament at times (as to some in particular possiblie) most unseasonable, when neither they nor their people were in case, and when the season of the year might prove an impediment in Landward Kirks, though none to Towns. And further they are injoined not to preach without the Walls of the Kirk, nay not so much as in their House; such hatred and indignation had these Rulers, at all House and Field Meetings, that they would not suffer even their own licensed and warranted Ministers to do any thing, that might carry the least appearance of any such thing. So they are ordered to acknowledge their subjection unto the Prelates Courts, by referring cases, usually referable to Presbyteries, unto them; as also to testifie their acknowledgement of the Prelates Courts, by paying their proportion of the Salarie, now alledged to be due to the Clerks of these Courts. Any may see what snares were laid here; and what obedience was given hereunto by these Ministers, who accepted of the benefite of this Indulgence, I know not. It is sufficient for me to note here, that these Injunctions flow from an Usurped Power, and are not proper Magistratical Acts, circa sacra, but Intrinsecally Church-Constitutions (at least several of them:) and therefore the accepting of these, which were a piece of the complex Business of the Indulgence, as tendered and granted by the Rulers, bewrayed their falling off, in so fa…, from former Principles, owned and sworne unto. And beside, this addition of New Instructions did show, that the Councel looked upon them, as their Curats, and as Obnoxious to their Orders in Church-Matters, and what concerneth the manner and way of their exerceing of the ministerial function, as the other Curats are unto the Prelates, or as …ver any Minister was obnoxious to the Canons and Constitutions of General or Provincial Assemblies, in our best times. And let me enquire of these Accepters, how they think such an act as this, had it been done, while the Church was in possession of her Power, would have been looked upon? And how our General Assemblie would have looked upon such Ministers, as should have submitted unto the like then, as they have done now? I suppose they will think, that if they had done so, they would have met with no less, than Deposition. And then let them consider, if that can be a commendable duty now, which would then have been such a Transgression. And let them say whether or not, such do them great wrong, who, adhering to their former Principles, must needs look on them, as ipso jure deposed.
It deserves to be noted here, that a Lybel was formed against one Mr William Weer, at this time Indulged, and permitted to preach in West-calder; and he was looked upon by the Councel, as one, that most basely slighted their Favour and Indulgence, and was severely to be punished, because he thought it not sufficient to enter unto that charge, mee…ly upon the Act of the Councel; but to satisfie himself the more, as to his ground of en…rie, did receive a call from some of the Heritors and People; and because in his first preaching to that people he declared his adherence to the So…emne League and Covenant, and that he did not acknowledge the power either of King of Bishop, in matters belonging to the Church of Christ: And in his next Sermon said, that neither King nor Councel were the Treasurers of the Gospel, or of the Ministrie of it. And because the following day, he preached against the Supremacie in matters Ecclesiastical, and against Prelacy: And because he had in preaching declared, that the Civil Magistrate had no power to appoint a day to be kept holy and observed in holy worshipe. By which we see, That the Councel taketh upon them to make this man a Minister, though they plainely shew, that he was never owned as a Minister by the Church-Judicatories. Further we see, That the Councels Act, thus ordering these Indulged Ministers to the respective Kirks, was all the call they had, or that they would acknowledge should be had, or required; and therefore the Indulged have no call, but the call of the Councel as their ground. Further we hence see that the Councels aime and end (among others) was to have the Supremacie established, and Prelacie; so that the very speaking against these, by such as were Indulged, was sufficient to be the matter of a Lybel, and was looked on as criminal: What Interpretation can then be given of the silence of others, thus Indulged, as to these great points let sober men judge; and whether or not, the Councel did suppose, that by this Indulgence, they had obtained so many coyduks, as did willingly submit thereunto.
I know several Ministers, mentioned in this Act, had not freedom to accept of this supposed favour of the Indulgence, and were therefore cited before the Councel: Among these, faithful and worthy Mr Iohn Burnet, Minister at Kilbride neer Glasgow, was one, who thought it his duty to give an open and plaine account of his Reasons to the Councel, why he could not submit to that Indulgence, and for this end, drew up his Reasons in write, directing it to the Councel: But being prevented by sickness, and thereafter by death, did not get it presented, yet sent it to the Chancellor, and left it, as his Testimonie against that evil, not changing what might have been changed in the manner of its address, because of sickness and other inconveniences. I shall here set it downe, as he left it; not only because it was his Testimony to the Truth (and Testimonies should be carefully keeped, and Committed to posteritie;) but also because his Reasons are weighty, and may helpe us to see more of the iniquity of this Indulgence. His paper was as follloweth.