tried to provide for afterwards against the like by a new edict it was made capital to disperse libels for defaming any person in that sort and to have keep or read any such that should happen to be affixed or cast into the streets The Earl of Lenox whilest these things were a doing ceased not to solicit the Queen by his letters for taking trial of the murther without delaying the same unto the time of Parliament as she had purposed Particularly he desired the Earl of Bothwell and others named in the libells and placard affixed on the door of the Senate-house to be apprehended and the Nobility assembled for their examination Bothwell perceiving that he was now openly attached did offer himself to triall for which the 12. of Aprill was assigned and the Earl of Lenox cited by the Justice to pursue according to the delation he had made In the mean time to fortifie himself he got the Castle of Edinburgh in his custody upon the Earl of Marre his resignation placing therein Sir Iames Balfour whom he especially trusted The Earl of Marre for his satisfaction had the Prince delivered in his keeping and caried unto Striveling where the Earl then lay heavily sick The Diet appointed for the triall being come and the Court fenced as use is Bothwell was empannelled The Earl of Lenox being called compeired Robert Cuningham one of his domesticks who presented in writing the Protestation following My Lords I am come hither sent by my master my Lord of Lenox to declare the cause of his absence this day and with his power as my Commission beareth The cause of his absence is the shortness of time and that he could not have his friends and servants to accompany him to his honour and for the security of life as was needfull in respect of the greatness of his partie Therefore his Lordship hath commanded me to desire a competent day such as he may keep and the weight of the cause requireth otherwise if your Lordships will proceed at this present I protest that I may use the charge committed to me by my Lord my master without the offence of any man This is that if the persons who pass upon the Assise and enquest of these that are entered on pannell this day shall cleanse the said persons of the murther of the King that it shall be wilfull errour and not ignorance by reason it is notoriously known that these persons did commit that odious murther as my Lord my master alledgeth And upon this my protestation I require an instrument The Justice by the advice of the Noblemen and Barons appointed to assist in that judgement did notwithstanding the said protestation grant process whereupon the Noblemen chosen for the Jury were called These were Andrew Earl of Rothes George Earl of Cathnes Gilbert Earl of Cassils Lord Iohn Hamilton Commendator of Aberbrothock Iames Lord Ross Robert Lord Semple Robert Lord Boyd Iohn Lord Hereis Laurence Lord Oliphant Iohn Master of Forbes with the Lairds of Lochinvar Langton Cambusnetham Barnbowgall and Boyne the Earl of Cassills excused himself offering the penalty which by the Law they pay that refuse to pass upon Assise but could not obtain himself freed the Queen threatning to commit him in prison and when he seemed nothing terrified therewith commanding him under pain of treason to enter and give his judgement with the rest Thus were they all sworn and admitted as the manner is After which Bothwell being charged with the inditement and the same denied by him they removed forth of the Court to consult together and after a little time returning by the mouth of the Earl of Cathnes their Chancellour declared him acquit of the murther of the King and of all the points contained in the inditement with a protestation That seeing neither her Majesties advocate had insisted in the pursuit nor did Robert Cuningham Commissioner for the Earl of Lenox bring any evidence of Bothwells guiltiness neither yet was the inditement sworn by any person and that they had pronounced according to their knowledge it should not be imputed to them as wilfull errour which they had delivered Mr. David Borthwiâ—â— and Mr. Edmund Hay who in the entry of the Court were admitted as his prolocutours askt instruments upon the Juries declaration so he went from that Court absolved yet the suspicions of the people were nothing diminished And some indeed were of opinion that the Judges could give no other deliverance nor find him guilty of the inditement as they had formed it seeing he was accused of a murther committed on the 9. day of February whereas the King was slain upon the 10. of that moneth But he for a further clearing of himself set up a paper in the most conspicuous place of the market bearing That albeit he had been acquited in a lawfull Justice court of that odious crime laid unto his charge yet to make his innocency the more manifest he was ready to give triall of the same in single combate with any man of honourable birth and quality that would accuse him of the murther of the King The next day in the same place by another writing answer was made that the combat should be accepted so as a place were designed wherein without danger the undertaker might professe his name The 13. of April a Parliament was kept for restoring the Earl of Huntley and others to their estates and honours which was not as yet done with the solemnity requisite In this Parliament the Commissioners of the Church made great instance for ratifying the Acts concluded in favour of the true Religion yet nothing was obtained The Queen answering that the Parliament was called for that onely business and that they should have satisfaction given them at some other time The Parliament being broke up Bothwell inviting the Noblemen to supper did liberally feast them and after many thanks for their kindness fell in some speeches for the Queens marriage shewing the hopes he had to compass it so as he might obtain their consents Some few to whom he had imparted the business before-hand made offer of their furtherance the rest fearing to refuse and suspecting one another set all their hands to a bond which he had ready formed to that purpose A few dayes after faigning an expedition into Liddisdale he gathered some forces and meeting the Queen on the way as he returned from Striveling whither she had gone to visit her son he took her by way of rape and led her to the Castle of Dumbar No men doubted but this was done by her own liking and consent yet a number of Noblemen convening at Striveling lest they should seem deficient in any sort of their duties sent to ask whether or not she was there willingly detained for if she was kept against her will they would come with an Army and set her at liberty She answered That it was against her will that she was
of the Kings faction to undertake the charge he resolved to accept the same and in a convention of Noblemen and others of the Estates kept at Edinburgh the 20. of August was elected Regent with a great applause of all that were present The same day was his Election published and charge given to all the subjects for acknowledging and obeying him as Regent and Governour of the Realm unto the Kings majority THE HISTORY of the CHURCH OF SCOTLAND THE FIFTH BOOK The Contents How matters passed in the State and Church during the Government of the four Regents his Maiestie being yet minor BOthwell after his flight at Carberry having stayed a few dayes in the Fort of Dumbar for that he feared to be inclosed made to the Sea with two or three ships which he had prepared and went into Orkney his purpose was to have remained in the Castle of Kirkwall and if any did pursue him to take himself to the ships but the keeper Gilbert Balfour would not receive him so as he was forced to return to Sea and there playing the Pirate made spoil of all that came in his way The Regent advertised of this sent William Kirkealdy of Grange with five ships well maned to pursue him who coming upon him unlooked for as he lay in one of the creeks of Orkney gave him the chase and had certainly taken him if they had not been hindered by rocks and shallow waters The Unicorn one of Granges best ships was cast away upon a rock Bothwell with his that were not of such a burthen escaping Shortly after he was taken upon the Coast of Norway and conveighed to Denmark where being detected by some Scottish Merchants he was put in a vile and loathsome prison and falling in a frensie which kept him some ten years made an ignominious and desperate end such as his wicked and flagitious life had deserved Grange at his return had the Castle of Edinburgh committed to his keeping which a little before was sold by Sir Iames Balfour to the Regent for the summe of 5000. pounds and the gift of the Priory of Pittinweeme At the same time Patrick Whitlaw keeper of Dumbar Castle being charged to render the same did at the perswasion of his friends yield up the fort which otherwise was held impregnable The Lords who were convened at Hamilton perceiving how matters went and that all things grew strong on the Regents side upon a new deliberation did write unto him and the rest that stood for the Kings authority desiring a conference and offering to send the Earl of Argile with some others to any place they would for meeting But because in the superscription they gave not the Regent his due title stiling him only Earl of Murray the letter was rejected by the Councell and the messenger dimitted without answer Argile knowing what had given the offence resolved to go unto the Regent and taking with him the Lord Boyde and the Abbot of Killwining came to Edinburgh There it being declared that the election of the Regent was not made upon any contempt or misregard of the Noblemen who were absent but upon necessity to keep the Realm in order it was agreed that a Parliament should be called for setling all affairs by advice and consent of the Estates and that the same should be kept at Edinburgh the 15. day of December next When the Diet appointed for Parliament came it was kept with such a frequency as the like was not remembred to have been seen a long time The honours accustomed of Crown Scepter and Sword were carried by the Earls of Angus Huntley and Argile and every thing done with the greatest shew of solemnity that could be used Beginning was made at the affairs of the Church and divers Acts concluded in their favours as an Act abolishing the Pope his jurisdiction and usurped authority within the Realm another for repealing the Statutes made in former times for maintenance of idolatry and superstition with the ratifying of the confession of faith and some others which may be seen in the first Parliament of King Iames the sixth The matter of policie and jurisdiction of the Church was referred to the consideration of certain Lords delegated by the Estates but for the restitution of the patrimony which was promised to be the first work of the Parliament though the Regent did what he could to have the Church possessed with the same it could not be obtained Only the thirds of Benefices were granted to the Church for provision of the Ministers the superplus or what should be found remaining after the Ministers were provided being applied to the support of the publick affairs of the Estate Touching the Queen a long consultation was held what course should be taken with her some urged that she should be arraigned and punished according to the law Others reasoned that whatsoever authority was in the Kingdom was derived from her and was revocable at her pleasure so as she could not be arraigned or brought to trial before any inferiour Judge and when it was replyed that the Scots from the very beginning of the Kingdom had been in use to censure and punish their Kings in case of grievous crimes the greater number disliking that course it was concluded that she should be detained and kept in perpetual prison Some ten days after in an Assembly of the Church the Bishop of Orkney was convened for joyning the Queen and Bothwel in marriage and deposed from his function and office The Countess of Argile being cited to appear before the same Assembly for assisting the Baptisme of the King and giving her presence at the Papistical rites then used did submit her self to censure and was ordained to make publick satisfaction in the Chappel of Striveling where the offence was committed upon a Sunday after Sermon in such manner and at such time as the Superintendent of Lothian should appoint In the moneth of Ianuary Iohn Hepburn called Bolton Iohn Hay younger of Tallow and two Chamberboyes of Bothwels powrie and Dalgleish were brought to trial for the Kings murther and found guilty by their own confessions The summe whereof was that they were enticed unto that wicked fact by Bothwel who did assure them that most of the Noblemen within the Realm had consented thereto and that a contract was shewed them subscribed by the Earls of Argile Huntley young Lethington and others but whether these subscriptions were the Noblemens own or counterfeit they could not tell They further said that Bothwel made them believe that the Lords who had subscrived would each of them have one or two of their servants present at the murther yet were they but eight persons in all besides Bothwel himself that came unto the place Namely Sir Iames Balfour the Laird of Ormeston in Teviotdale Robert Ormeston his Cousen one Wilson a man of Hadington and the four who were then to suffer The sentence upon their conviction
should be delivered of either side English men into Scotland and as many Scots into England But Baclugh failing to deliver his in due time was commanded for satisfying the Queen to enter himself into England as he did remaining there from October to February next In the moneth of December a Parliament was held at Edinburgh for restoring of the forfeited Lords to their lands and honours Amongst the Articles presented to this meeting by the Commissioners of the Church one was That the Ministers as representing the Church and third Estate of the Kingdome might be admitted to give voice in Parliament according to the Acts made in favours of the Church and the liberty and freedome thereof The King was earnest to have the Article granted and at last obtained an Act to be made whereby it was declared That such Pastors and Ministers as his Majesty should please to provide to the place title and dignity of a Bishop Abbot or other Prelate at any time should have voice in Parliament as freely as any other Ecclesiastical Prelate had at any time by-past And that all Bishopricks then in his Majesties hands and undisponed to any person or which should happen to fall void thereafter should be only disponed to actuall Preachers and Ministers in the Church or to such other persons as should be found apt and qualified to use and exerce the Office of a Preacher or Minister and who in their provisions to the said Bishopricks should accept in and upon them to be actuall Pastors and Ministers and according thereto should practise and exerce the same As concerning the office of the said persons in the spirituall policie and goverment of the Church the same was remitted to his Majesty to be advised and agreed upon with the Generall Assembly at such time as his Highness should think expedient to treat with them thereupon without prejudice in the mean time of the jurisdiction and discipline of the Church established by Acts of Parliament and permitted to Generall and Provinciall Assemblies and other Presbyteries and Sessions of the Church This Act gave occasion to the indicting of a Generall Assembly which convened at Dundie in March next where the King being present did shew That he had anticipated the time of the Assembly for the appointment was at Striveling this first Tuesday of May that he might be resolved touching their acceptation of the place in Parliament with the form māner and number of persons that should be admitted to have voice and thereupon desired them to enter into a particular consideration of the whole points of the Act and first to reason whether it was lawfull and expedient that the Ministers as representing the whole Church within the Realm should have voice in Parliament or not This Question being long debated first in private by some Brethren selected to that purpose then in the hearing of the whole Assembly it was concluded That Ministers might lawfully give voice in Parliament and other publick meetings of the Estate and that it was expedient to have some alwaies of that number present to give voice in name of the Church A second Question being moved touching the number of those that should have voice it was agreed That so many should be appointed to give voice as of old had place in the Papisticall Church to wit 51 persons or thereby Thirdly touching the election of those that should have voice it was resolved That the same did appertain partly to his Majesty and partly to the Church And because time could not permit the discussing of the rest of the points as de modo eligendi what rent those Ministers should have whether they should continue in that office ad vitam or not what their title should be and the cautions to preserve them from corruption with other the like circumstances the Presbyteries were desired to consider the same throughly and thereafter to meet in their Synods all upon one day to wit the first Tuesday of Iune and having reasoned upon these heads to direct three of their number to convene with his Majesty the advertisement being upon a moneth at least and with the Doctors of the Universties namely Mr. Andrew Melvill Mr. Iohn Iohnston Mr. Robert Wilkie Mr. Robert Rollock Mr. Robert Howy Mr. Patrick Sharp and Mr. Iames Martin at such time and place as his Majesty should think most convenient with power to them being so convened to treat reason and conferre upon the said heads and others appertaining thereto and in case of agreement and uniformity of opinions to conclude the whole question touching voice in Parliament otherwise in case of discrepance to remit the conclusion to the next Generall Assembly The Commissioners proceedings in planting the Church of S. Andrews were at the same time ratified but the provision of Edinburgh which they had likewise concluded made greater business The King had been induced by the humble intreaty of Mr. David Lindesay Mr. Robert Rollock and Mr. Patrick Galloway to suffer the old Ministers preach again in their places upon their faithfull promises to observe the Conditions following 1 That they should not in Pulpit make any apology for themselves further then to say that they had satisfied his Majesty touching their intentions in the day of the tumult and that they condemned the raisers thereof and all that took Arms or gave command or allowance thereunto praising the calme and clement course his Majesty hath taken in censuring the same 2 That they should at no time thereafter tax quarrell or reproach directly or indirectly privately or publickly any inhabitant of Edinburgh that did shew themselves affectionate to his Majesty and if any of them should happen to fall in any offence meriting the censure of the Church discipline they should in the triall and censuring thereof use them indifferently as if they had never kithed contrary to the said Ministers 3 That they should not in Pulpit speak otherwise then reverently of his Majesties Councell and their proceedings and in their Sermons labour to imprint in the peoples hearts a reverent conceit of his Majesty and his actions so farre as in them lies and when as they should hear any slanderous or offensive reports of his Majesty or of any of his Counsellors his or their intentions or proceedings they should address them in all humility to his Majesty and with due reverence make him acquainted with the reports receiving his Majesties own declaration therein whereunto they should give credit and generally should conform themselves to the order set down in the late generall Assembly thereanent 4 That they should never hereafter refuse to give accompt of any of their speeches in Pulpit or of their proceedings elsewhere but when his Majesty should require the same they should plainly declare the truth of that they should be asked in all humbleness and simplicity without claiming to the generall warrant of conscience not founded upon reason The
he did see them fall a wrestling he excused himself by a sudden fear that overtook him in the time and indeed he lookt ever after that time as one half distracted It was much marvelled that in so high an attempt the Earl should have made choice of such a one but the man was of a servile spirit and apt enough to doe mischief and many have conjectured that if the treason had taken effect it was in the Earls purpose to have made away both his brother and him that he might not be supposed to have had any knowledge thereof I remember my self that meeting with Mr. William Cowper then Minister at Perth the third day after in Falkland he shewed me that not many daies before that accident visiting by occasion the Earl at his own house he found him reading a book entituled De conjurationibus adversus Principes and having asked him what a book it was he answered That it was a Collection of the Conspiracies made against Princes which he said was foolishly contrived all of them and faulty either in one point or other for he that goeth about such a business should not said he put any man on his counsell And he not liking such discourses desired him to lay away such books and read others of a better subject I verily think he was then studying how to go beyond all Conspirators recorded in any History but it pleased God who giveth salvation to Kings as the Psalme speaketh to infatuate his counsels and by his ensample to admonish all disloyall and trayterous subjects to beware of attempting against their Soveraigns Advertisement sent the next day to the Councel which then remained at Edinburgh the Ministers of the Town were called and desired to convene their people and give thanks unto God for his Majesties deliverance They excusing themselves as not being acquainted with the particulars nor how those things had fallen out it was answered that they were only to signifie how the King had escaped a great danger and to stirre up the people to thanksgiving They replied That nothing ought to be delivered in pulpit but that whereof the truth was known and that all which is uttered in that place should be spoken in faith When by no perswasion they could be moved to perform that duty it was resolved that the Councell should go together to the Market-crosse and that the Bishop of Rosse should after a narration of the Kings danger and deliverance conceive a publick Thanksgiving which was done the multitude applauding and expressing a great joy The Munday following the King came to Edinburgh accompanied with divers Noblemen and Barons and heard a Sermon preached at the Crosse by Mr. Patrick Galloway who choosed the 124 Psalme for his Theme did take occasion to discourse of all the particulars of that Conspiracy and gave the people great satisfaction for many doubted that there had been any such Conspiracy the condition of Princes beeing as the Emperor Domitian said herein miserable that even when Conspiracies made against their persons are discovered yet they are not credited unlesse they be slain The next day the King in a solemn Councell kept at Halirudhouse to testifie his thankfulness for his deliverance and to perpetuate the memory thereof did mortifie for the entertainment of some poor men the rent of 1000 pounds yearly to be taken of the readiest fruits of the Abbacy of Scone and ordained an honourable reward to be given to the three Gentlemen that had been the instruments of his preservation and the cause of the reward to be specified in their Patents After this order was taken for a publick and solemn Thanksgiving to be made in all the Churches of the Kingdome and the last Tuesday of September with the Sunday following appointed for that exercise The Ministers of Edinburgh who gave the refuse were commanded to remove themselves out of the Town within 48 hours and inhibited to preach within his Majesties Dominions under pain of death Mr. Walter Balcanquell Mr. William Watson and Mr. Iohn Hall three of that number compeiring at Striveling the 10 of September and declaring That they were throughly resolved of the truth of Gowries Conspiracy and willing to amend their former fault were pardoned upon condition that before their return to Edinburgh they should in the Churches appointed to them publickly preach and declare their perswasion of the truth of that treason craving God and his Majesty forgiveness for the question they made thereof and rebuking all such as continued in that doubtfulness The Churches designed to them were Tranent Mussilburgh and Dalkeith for Mr. VValter Balcanquell Dunbar and Dunf for Mr. VVilliam VVatson and for Mr. Iohn Hall Dunfermlin S. Andrews and Perth Mr. Iames Balfour the day following upon the like confession was remitted and ordained to publish his resolution in the Churches of Dundie Montrosse Aberbrothock and Brichen But Mr. Robert Bruce taking a course by himself and saying He would reverence his Majesties reports of that accident but could not say he was perswaded of the truth of it was banished the Kings Dominions and went unto France The 15 of November a Parliament was held at Edinburgh wherein sentence of forfeiture was pronounced against Gowrie and Mr. Alexander his Brother their posterity disinherited and in detestation of the paricide attempted the whole surname of Ruthven abolished But this last was afterwards dispensed with and such of that name as were known to be innocent tolerated by the Kings clemency to enjoy their surnames and titles as in former times The bodies of the two brothers being brought to the Parliament house were after sentence given hanged upon a gibbet in the publick street and then dismembred their heads cut off and affixed upon the top of the prison house This done the Estates in acknowledgment of the favours and grace they all had received of God by the miraculous and extraordinary preservation of his Majesty from that treasonable attempt did ordain That in all times and ages to come the fifth of August should be solemnly kept with prayers preachings and thanksgiving for that benefit discharging all work labour and other occupations upon the said day which might distract the people in any sort from those pious exercises Divers other good and profitable Acts as well for the Church as Kingdome were concluded in this Parliament as the Act decerning all Marriages contracted betwixt persons divorced for adultery to be null and the children begotten by such unlawfull conjunction incapable of succession to their parents inheritance As also the Act made for removing and extinguishing of deadly feuds which the King had ever striven to abolish was in that time confirmed by the whole Estates Upon the close of the Parliament the King went to Dunfermlin to visit the Queen who was brought to bed of a Son The Christening was hastned because of the weakness of the Childe and that
King and that one of the Privy Counsellors had said that the conspiracy proceeded of a meer discontent the people had conceived at his Majesties Government he was mightily offended and from that forth held his affection to his service continually suspected Information was made at the same time that some of the Ministers imprisoned at Blackness did blame the Chancellor for their meeting at Aberdene offering that they had warrant from him to meet and his promise that they should incur no danger for the same The King to understand the truth thereof directed his servant Sir VVilliam Irwyn to inquire at the imprisoned Ministers what dealing they had with the Chancellor in that business their answer was That a little before their meeting at Aberdene Mr. Iohn Forbes and Mr. Iohn VVelsh had sought his advice touching their convening and that he asking them what they intended to do they answered that fearing the establishment of Bishops they were to do their best for withstanding the same And that he to encourage them did promise all the assistance he could give that way which they took to be an allowance of their meeting A letter hereupon was directed to certain of the Councell to call the Ministers and if they stood to their saying to hear what the Chancellor would answer They maintaining that which they had said and the Chancellor called to his Answer affirmed that he was intreated by them to oppose the restitution of Bishops temporalities which then was in working promising that he should not be questioned for his Religion which they understood to be Popish This denyed by the Ministers they fell in a sharp contest which continued some space withwords not seemly on either part The Ministers for clearing his approbation of their Assembly did further alleadge that he had uttered so much to Mr. VValter Balcanquell and Mr. Iames Balfour Ministers at Edinburgh who being examined touching their knowledge Mr. VValter Balcanquel Balcanquell did affirm That the Chancellor in private to himself had commended them for maintaining the liberty of the Church which was not a little prejudiced as he said by the continuation of Assemblies from year to year The same he was said to have spoken to Mr. Iames Balfour but he excused himself by forgetfulness saying he did not remember any such speeches This report made to the King he said That none of the two deserved credit and that he saw the Ministers would betray Religion rather then submit themselves to government And that the Chancellor would betray the King for the malice he carried to the Bishops By this contest always the Chancellor was made more tractable in the restitution of Bishops temporalities which he had strongly resisted unto that time And in the Parliament kept at Perth in the beginning of Iuly shewed a great desire to promote the same This Parliament had been indicted to keep at Edinburgh in Iune preceding and the Earl of Dunbar imployed to see all matters carried therein to his Majesties minde The Chancellor whether out of emulation to shew his greatness or that he feared some affront by the Earl of Dunbar went on the streets accompanied with the Burgesses in great numbers who otherwise then was their custome did walk with their swords Dunbar taking this in ill part yet dissembling his offence caused adjourn the Parliament to the first of Iuly and therewith presented a warrant for removing the same to the Town of Perth which coming unlooked for made the Burgesses forthink their doing At Perth it happened the very first day the Lord Seaton and Alexander his brother to encounter the Earl of Glencarn in the Bridgegate where drawing their weapons against others a great tumult was raised which continued a certain space and disturbed the Councell that as then was sitting the Lord Seaton being tryed to have invaded the other which he did for revenge of his uncles slaughter he was cited before the Councell for troubling the Parliament but leaving the town he went home and for his not appearing was denounced Rebell It was held an ominous beginning and gave many to think that matters would not succeed well but the Earl of Dunbar did so wisely and with so great care prevent every thing that was like to breed trouble as all things were carried from that time forth in a most peaceable sort There were attending in the town aboundance of Ministers labouring all they could secretly to make some perturbation The Earl calling them to his lodging did rebuke them sharply saying That it seemed strange to him that they who had so often petitioned to have the Act of annexation dissolved should go about to hinder the same now when the King was to do it in part specially considering there was nothing to be moved in prejudice of their discipline And that for removing the differences that were amongst them in that point his Majesty had resolved as they knew by the letters some of them had received to call the most learned and discreet of both sides before himself and have matters composed so far as might be to their content More fitting he said it were for you to whom his Majesty hath addressed his letters to have been preparing your selves for the journey And I should advise you for your own good and the peace of the Church not to write to the King any more but rather study by your peaceable behaviour to procure favour to your brethren that are in trouble With these speeches he did quiet them and so the Parliament went on and after some few days ended in great peace In this Parliament divers good constitutions were made but the two principall were the Acts of his Majesties Prerogative and the Act entituled The restitution of the estate of Bishops which title giveth many to mistake the truth of things and think that before this time the estate of Bishops was overthrown and cast down whereas the same was never so much as intended Only by this Act the temporalities of Bishopricks which by the Act of Annexation were made to belong to the Crown were restored in regard it was seen that the Bishops were disabled to attend their service in the Church and State by the want thereof Soon after the Parliament dissolved such of the Clergy as his Majesty called to Court went together of the one side went the Archbishops of S. Andrews and Glasgow the Bishops of Orkney Galloway and Mr. Iames Nicolson who was destinate Bishop of Dunkeld on the other part were Mr. Andrew Melvill Mr. Iames Melvill Mr. Iames Balfour and Mr. William Watson Mr. William Scot Mr. Iohn Carmichall and Mr. Adam Colt All these arriving at London about the beginning of Sept. had warning given them to attend the 20th of that moneth at Hampton Court The King had appointed some of the Bishops of England to attend during the conference and preach by course upon the subjects presented to them Dr. Barlow Bishop of Lincoln began taking for his text the 28 verse
Brichen Mr. David Lindsay then Minister at Dundy At Edinburgh between the Magistrates and Ministers a great strife and discontent was raised because of the Peoples straying from their Churches at which the Magistrates were thought to connive Their usurpation besides in Church affairs especially the intending of a Clerk upon the Church Session did minister no small cause of offence The matter was brought before the King where in behalf of the Ministers it was said That they were unkindly used for the obedience given to the Acts of Perth Assembly the Magistrates by their Commissioner did on the other side inform That the Ministers were the cause of the peoples disobedience some of them having directly preached against the Acts of Perth and all of them affirmed that these Acts were concluded against their hearts His Majesty remitting the triall of these complaints to his Secretary and to the Archbishops of S. Andrews and Glasgow when as they had examined the same it appeared that both the one and the other were in fault and that the mistakings among them were not the least cause of the disorders in that Church whereupon they were admonished to lay aside their grudges and to keep one course for the retaining the people in the obedience of God and his Majesty The Magistrates and Councell were likewise commanded as the King had given direction to provide four other Ministers besides those that were in present service and perfect the division of the Town in Parishes which had been often promised And so shortly after this were Mr. William Forbes Minister at Aberdene Mr. Iohn Guthry Minister at Perth Mr. Iohn Maxwell Minister at Murchlack and Mr. Alexander Thomson Minister at Cambuslang translated from their severall Churches and placed Ministers at Edinburgh The next year beginning the year 1620 the wars of Bohemâ—a growing hot and the Palatinate invaded the King took in minde the defence of his daughter and grandchildren in their Patrimony and because a supply of money was required to such a business the Councell was desired to travell with the Noblemen the Members of Session and the Town of Edinburgh for a voluntary contribution knowing that others by their example would be drawn thereto The Noblemen meeting to this effect the 24 of November expressed a great forwardness to satisfie his Majesties desire yet fearing that all the contributions when they were brought together should prove unworthy advised the Councel rather to call a Parliament and impose upon the subjects by way of Tax a reasonable proportion according to the wealth and substance that every man had This being signified to the King he refused to have any supply by Tax for he considered that the collection would require a time and a burthen should that way be cast upon the Commons and poor labourers of the ground which would make an outcrying among the people therefore he desired as before that Noblemen and those others he had named in his first letter should be urged to shew their liberality A new meeting for this business being kept in Ianuary there after divers overtures were made for giving his Majesty content The Noblemen that were present made offer to give a benevolent according to their abilities and divers of their rank being minors and others abroad in their travells they saw not who would undertake for them The Town of Edinburgh being pressed with an answer excused themselves as being one Burgh only and lacking the concurrence of the rest without which any supply they could make would be of little worth The Advocates Clerks and other members of the Session gave in effect the like answer so as they were forced to turn unto the first overture for a Parliament And for that the difficulties of the contribution could not so well be expressed by letter it was thought meet that one of the Councel should be sent to inform his Majesty of the reasons and necessity they had to call a Parliament This employment being laid upon the Archbishop of S. Andrews he took journey about the end of the same moneth and obtained after a little insisting his Majesties warrant for a Parliament thus was it indicted to keep at Edinburgh the first of Iune and prorogued to the 23 of Iuly thereafter In this mean time it happened that Sir Gedeon Murray Thesaurer deputy being then at Court an information was made against him for abusing his office to the Kings prejudice The informer was Iames Stuart stiled the Lord Ochiltry who out of malice carried to the Gentleman for the strictness which he had used in calling him to an account for the duties of Orkney made offer to justifie the accusation and by the assistance of some of better credit then himself prevailed so farre that the matter was remitted to the triall of certain Counsellors at home the Gentleman being of a great spirit and taking impatiently that his fidelity whereof he had given so great proof should be called in question upon the information of a malitious enemy by the way as he returned from Court did contract such a deep melancholy as neither counsell nor comfort could reclaim him so farre was he overgone that no advice given by friends nor offer of their assistance nor the company and counsell of any whomsoever could reduce him to his wonted estate And so after he came to Edinburgh within a few days departed this life It was not doubted if he should have patiently attended the triall but he had been cleered and the accusation proved a meer calumny nor was it thought that the King did trust the information but only desired to have the honesty of his servant appear yet such was his weakness courage I cannot call it as giving scope to his passions of anger and grief he suffered himself to be therewith oppressed By his death the King did lose a good servant as ever he had in that charge and did sore forethink that he should have given ear to such delations But of that pestilent sort some will never be wanting in the Courts of Princes and happy is the King that can rid himself of lyers in that kind The Gentleman alwayes dyed happily and had his corps interred in the Church of Halyrudhouse The time of Parliament drawing neer the Marquiss of Hamilton was employed as Commissioner for keeping the same at his first coming having understood the business that some turbulent Ministers were making to impede the ratification of the Acts of Perth Assembly he caused discharge all the Ministers out of the Town the ordinary Preachers excepted and two of the number that would not be made quiet he sent prisoners to Dumbarton all that time he did carry himself and the matters committed to his trust with such wisdome and foresight as within a few days he brought them all to the end which he wished without any open contradiction The subsidie desired was granted the Acts of Perth Assembly ratified and divers
severe then of her own nature she was and led her into many errours of State neglecting the Natives and born Noblemen of the countrey and following the counsels of the French that attended her who making no conscience of their promises and minding nothing but the bringing of Scotland in subjection to France as they conceived things to serve unto their ends moved her to follow courses unsure and dishonourable Otherwise she was of a most milde disposition and was heard often to say That if her own counsel might take place she doubted nothing to compose all the dissensions within the Realm and settle the same upon good conditions in a perfect tranquillity The Author of the story ascrived to Iohn Knox in his whole discourse sheweth a bitter and hateful spite against her forging dishonest things which was never so much as suspected by any setting down his own conjectures as certain truths and misinterpreting all her words and actions yea the least syllable that did escape her in passion he maketh in an argument of her cruel and inhumane disposition but when he cometh to speak of her end he will have all her sickness and death though in none of the two there was any thing extraordinary to be the judgement of God inflicted upon her as if death and the ordinary visitations which bring death were not common to Princes as well as others Then for her burial because by direction of her friends and as some say at her own desire order was taken to carry her corps to the Abbey of Rhemes in Campaigne where her sister was Abbesse which of all necessity required a protraction of time he construed the delay to be the punishment of her inhumanity and the want of sepulchre in this Kingdom a prognostick of the short continuance of her race and the Guisian blood as he speaks in this Realm Pardon me good Reader for this digression To detract from the same of Princes and miscensure their words and actions favoureth of malice and no way becometh a Christian much lesse a Minister of Christ. Shortly after the death of Queen Regent truce was taken for hearing the Ambassadours sent from France and England who coming to Edinburgh entred into consultation first amongst themselves upon the best and easiest means to compose the present quarrels Then calling to them certain of the Scottish Nobility began to treat of the sending of the French souldiers forth of the Realm Wherein two difficulties occurred One was that the Commissioners of France did urge the retaining of a number of men of war in some sorts of the countrey for the King and Queen after peace was concluded The other that the companies that should be broken might depart unchallenged with all their baggage The Scottish Noblemen did oppose these desires esteeming it unreasonable that they should be suffered to depart before they gave satisfaction to those they had wronged And to place strangers in forts they thought it could not but breed trouble and occasion a new warre more dangerous then the present This contention held some dayes at last both parties wearying they were brought to agree upon the conditions following 1. That the French men of warre in the town of Leth should be sent home within the space of twenty dayes with bag and baggage and for their better transport should be furnished with ships of England they giving pledges for the safe return of the same 2. That Leth being rendered to the Lords of Scotland the walls thereof should be demolished as likewise the fortifications at Dumbar if so it should seem good to the Lords after they had viewed the same and that the King and Queen should make no new forts within the Realm nor augment these that were already made nor yet repair these that were demolished without counsel and consent of the Estates 3. That a Garison of threescore French men should be permitted to remain in the Castle of Dumbar and as many in the Isle of Inchkeeth untill the Estates should find means to maintain the said forts upon their own charges from all peril of forain invasion the said souldiers in the mean time living obedient to the lawes of the Realm and taking nothing from the subjects without paiment of ready money 4. That an Act of oblivion should be made for abolishing the memory of all injuries and wrongs attempted or committed against the lawes of the Realm since the sixth day of March 1558. untill the first of August 1560. which Act should be ratified in the next Parliament and confirmed by the Queen with consent of her husband 5. That a general peace and reconciliation should be made amongst the Lords and subjects of the Realm so as they who were called of the Congregation and they who were not of the same should bear no quarrel to others for any thing done since the sixth of March 1558. 6. That the King and Queen should not pursue revenge or suffer to be revenged any violence or injury that had been done since the said time nor should deprive or seek any colour to dispossess the subjects or any of them of the benefices houses and estates which they have enjoyed before they alwayes continuing in the due obedience of their Soveraigns And that it might be known that the King and Queen were not willing to keep any remembrance of the troubles past it was accorded the Duke of Chattellerault and all other Noblemen of Scotland should be repossessed in their livings and benefices within France after the manner that they did enjoy the same before the said sixth day of March and that all capitulations agreed upon in time past should be observed as well for the part of their Majesties as the part of the Nobility and people of Scotland 7. That where any Bishops Abbots or other Churchmen should alledge themselves to have received any injuries either in their persons or goods the same should be considered by the Estates of Parliament and redresse made according to reason and in the mean time that no man should stop them to enjoy their rents nor do any hurt or violence to their persons and if any should do contrary to this Article he should be pursued by the Lords as a perturber of the Commonwealth 8. That in time coming the King and Queen should depute no strangers in the administration of Civil and Common Justice nor bestow the offices of Chancellary Thesaurer Comptrollary and the like upon others then born subjects of the Realm as likewise that it should not be lawful to give the office of Thesaurary or Comptrollary to any Churchman or other person that is not able to administrate the same Further that the Thesaurer and Comptroller appointed by them and instructed with sufficient commission should do nothing in disposing of casualties without the consent of the Councel to the effect all things may be done for the profit of the King and Queen yet should it not be thought that this Article did either
when she came in publick and divers that had set their hands and seals to the marriage fell now openly to condemn it as that which ministred too just a suspicion that she was consenting to the death of the King her husband The Earl of Athol immediately after the murther of the King had forsaken the Court and lived at home waiting some occasion to be revenged of the doers and now esteeming it fit to shew himself he came to Striveling where in a meeting of Noblemen that were desired to come thither upon his motion a bond was made for the preservation of the young Prince lest Bothwell getting him in custody should make him away as no man doubted he would as well to advance his own succession as to cut off the innocent childe who in all probability would one day revenge his fathers death The principals of this combination were the Earls of Argile Atholl Morton Marre and Glencarne with the Lords Lindesay and Boyd But Argile out of a facility which was naturall unto him detected all their counsells to the Queen and the Lord Boyd with great promises was won to the adverse party Bothwell suspecting some insurrection advised the Queen for saving her reputation in forain parts to acquaint the French King and her kinsmen of the house of Guise with her marriage and the reasons thereof desiring them sith that which was done could not be again undone to favour her husband no less then they did her self And to this effect the Bishop of Dumblane was sent into France with letters to all her friends Neither did he admit to do at home what he thought might serve to fortifie himself for divers Noblemen and Barons were invited to Court and at their coming solicited to enter into bond for the defence of the Queen and Bothwell who should on the other part be obliged to protect them in all their affairs Some of these being wrought to the purpose did set their hands willingly to the bond the rest though they would gladly have shunned it yet because they held it dangerous to refuse subscribed in like sort Onely the Earl of Murray of all that were called denied to enter in any bond with the Queen it being neither lawfull for him as he said nor honourable for her whom in all things it was his duty to obey Concerning Bothwell he said that he was reconciled unto him by the Queens mediation and would faithfully keep all that he had promised but to enter in bond with him or any other he did not think it the part of a good subject Shortly after this he obtained leave howbeit not without some difficulty to go into France for he saw troubles breeding in which he loved not to have an hand How soon he was gone choice was made of a new Councell and the Archbishop of St. Andrewes with the Lords Oliphant and Beyd received into the number for their better and more easie attendance they had their times of waiting particularly assigned The Earls of Crawford Arroll and Cassils with the Bishop of Ross and the Lord Oliphant were appointed to begin and attend from the 1. of Iune to the 16. of Iuly The Earls of Morton and Rothes with the Bishop of Calloway and the Lord Fleming were to succeed and remain from the 16. of Iuly to the penult of August After them the Archbishop of St. Andrews the Earls of Argile and Cathnes with the Lord Hereis to the 15. of October And from that day to the 1. of December the Earl of Huntley who was then created Chancellour the Earls of Atholl Marshall and Lord Boyd were appointed to wait at which time Crawford and Arroll were again to begin and the rest to follow in their order for the same space So as during the whole year the Counsellours should be tied to the attendance of 3 moneths onely It was alwayes provided that so many of the forenamed persons as happened to be at Court should during their abode notwithstanding of their severall assignments be present with the others And that it should be lawfull for the Queen to adjoyn at any time such as she thought worthy of that honour The same day a Proclamation was given out Declaring all writings purchased from the Queen for permitting Papists to use the exercise of their Religion to make no faith her Majesty being no way minded to violate the Act made at her first arrivall and often since that time renued in favours of the true Religion But this did not repress the murmurs of the people for which it was specially intended Wherefore some few dayes after the Queen by Bothwels perswasion taking purpose to visit the borders and having charged the subjects to accompany her thither with a provision for 15. dayes according to the custome it was publickly rumored that these forces were gathering for some other business and that the intention was to have the Prince her son in her own custody and taken out of the Earl of Marre his hands So as a new Declaration came forth To certify the people of her good affection and that she never meaned to make any novations in the Kingdom by altering the lawes thereof nor do any thing in the publick affairs but by the advice of the Noblemen of her Councel And for her sonne as she had trusted him to such a Governour as other Princes in former times were custome to have so her motherly care for his safety and good education should be made apparent to all But no regard was had to these Declarations and the Noblemen who had combined themselves at Striveling taking Armes and being assisted by the Lord Home environed on the suddain the Castle of Borthwick wherein the Queen and Bothwel were then remaining yet their companies not sufficing to inclose the house for Athol did not keep the Diet Bothwel first escaped and after him the Queen disguised in mans apparel fled to Dumbar The Lords upon their escape retired to Edinburgh where they expected the rest of their forces would meet There lay in the Town at that by the Queens direction the Earl of Huntley the Archbishop of S. Andrews the Bishop of Ross the Abbot of Kilwining and the Lord Boyd How soon they heard of the Lords coming they went to the street offering themselves to conduct the people and to assist them in the defence of the Town but they found few or none willing to joyn with them and the peoples affections wholly inclining to the Lords The Magistrates gave order to shut the gates but no further resistance was made so as the Lords entering by the gate called S. Maryport which was easily brokeup they made themselves Master of the Town Huntley and the rest taking their refuge to the Castle were received by the Keeper Sir Iames Balfour a man much trusted by Bothwel though at the same time he was treating with the Lords for delivering the Castle into their hands The
punish the committers of that insolence The Councel returning many thanks to the Queen for her kind Ambassage excused themselves by the present troubles that no determinate answer could as then be given to his propositions and therefore besought him to have patience unto the first of May at which time the Estates of the Realm were to meet by whom her Majesty should receive all satisfaction The Estates convening at the day William Douglas of Lochlevin brother uterine to the late Regent preferred a Petition to the Councel for some course to be taken in the revenge of his brothers murther considering he was taken away in the defence of the common cause of the Realm and not upon any private quarrel The Petition was held reasonable by all that were present every one consenting to the pursuit and punishment of the murtherer and his complices But in the manner they agreed not some advising that not the murtherer only but all who were suspected to have had a hand in the treachery should be called to underlie the ordinary trial of law at a certain day Others esteeming such a form of processe unnecessary with them who had already taken Arms to maintain the fact and that the best course were to pursue with all hostility both these that were delated of the recent crime and such as had been forfeited in the Parliament preceding Many inclined to the last course yet because it was opposed by divers of special note there was nothing concluded in the businesse which was generally ill taken of the people who construed the delay to proceed of some private favour carried to the enemies and to be done of purpose that either with time the hatred of the murther might be lessened or the adversaries might have leisure to make themselves more strong The Assembly of the Church in the mean while which was then convened at Edenburgh to declare in what detestation they had the murther committed did ordain the murtherer to be excommunicated in all the chief Burghs of the Realm and whosoever afterwards happened to be convicted thereof to be used in the same manner In this Assembly divers constitutions were made for discipline and amongst others an Act for the publick inauguration of Ministers at their entry whereunto the revolt of some Preachers gave occasion that forsaking the Pulpit took them to the pleading of causes before the Lords of Session It was then also condescended that forth of the thirds five thousand merks should be yearly paid for the furnishing of the Kings house and the Church burthened with no further duty Some few days after the principals of the Queens faction being convened at Glasgow the Earl of Argile and Lord Boyd did write to the Earl of Morton and offer to joyn with the rest of the Nobility in the trial and punishment of the Regents murther so as the meeting were appointed at Striveling Falkirk or Linlithgow for to Edenburgh they would not come This letter as he was desired he communicated with the Secretary who was after the Regents death come forth of the Castle and by the Earl of Atholl brought again unto the Councell having first purged himself of the accusation laid against him and promised to submit himself unto the most severe triall that could be taken his advice to the Earl Morton was that the Noblemen should all be brought to Edenburgh which for those of the Queens party he undertook to do and to that effect he sent letters unto the principalls of that faction shewing that they had no cause to fear being in forces superiour to the others and having the Lord of Grange on their side for he had then plainly declared himself for the Queen who was both Provost of the Town and commanded the Castle Thus about the midst of March the Earls of Huntley Atholl and Crawford with the Lords Ogilvy Home and Seaâ—on did meet at Edenburgh The Earl of Argile the Hamiltons and the Lord Boyde came as far as unto Linlithgow but by occasioned of a tumult raised amongst some souldiers they were forced to disperse their companies and return home to their dwellings Within a few dayes the Earls of Marre and Glencarne came likewise to Edenburgh after whose coming the Lords of both factions meeting to confer did think fit to continue all things till the Earl of Argile was advertised whose authority was great in those times And when it was known that he was gone back from Linlithgow the Earl of Huntley followed to perswade his return but he would not consent They write the Secretary should have privily disswaded him as one who loved to keep all things loose but I do not see what advantage he could expect that way and think rather that as his estate then stood he did earnestly desire to have matters accorded The true cause of Argiles declining that conference seems to have been the averseness of his brother and others of his friendship who refused to follow him in that quarrel and carried a constant affection to the maintaining of the Kings authority When as the other Noblemen perceived that Argile would not come they began to treat of the choice of a Regent in place of him who was taken away Here first they fell to question their own power and authority which some maintained to be sufficient because of the Patent the Queen had given at first for the administration of affairs in her sons minority in which seven Noblemen were named besides the late Regent and that of this number they might choose as they said any one Others reasoned that no respect ought to be had to that Patent the same being expired by the creation of the last Regent for which only at the time it was granted The more moderate gave their opinon that all proceeding in that businesse should be delayed till the convention of the Estates in May next This was likewise opposed by a number that esteemed the protracting of time dangerous and thought that it concerned the Noblemen who had first assisted the Coronation of the King and continued firm in his obedience to nominate a Regent that would be careful of the young King his preservation and of the quiet and tranquillity of the Realm But this opinion as tending to the fostering of discord was rejected So that meeting dissolved without any certain conclusion At the same time one Monsieur Verack Cubiculare to the French King landed at Dumbarton bringing letters to the Noblemen of the Queens faction full of thanks for the constant affection they had shewed in maintaining the cause and promises of present succours This did so animate them as in a frequent meeting kept the first of April at Linlithgow they began to discover the intention which before they had concealed of making war upon England for this as they judged would serve to oblierate the late Regents murther And to give the more authority to their proceedings they took purpose to remove to
busied with the matter of policy which was put in form and presented to the Parliament at their sitting in Striveling The Estates having no leisure to peruse it gave a Commission to divers of their number to meet and conferre with the Commissioners of the Church and if they did agree to insert the same among the Acts of Parliament How these affairs went and what effect the Commission took because of the great businesse that afterwards was made about the same is necessary to be known wherefore I thought meet to set down the form of policy as it was presented with the notes of their agreement and disagreement as they stand in the Original which I have by me Heads and conclusions of the Church and first of the Policy thereof in general wherein it differeth from Civil FIrst the Church of God is sometimes largely taken for all them that professe the Evangel of Iesus Christ and so it is a company and fellowship not only of the godly but also hypocrites professing outwardly one true Religion 2. At other times it is taken for the elect only and the godly and sometimes for them that exercise the spiritual function amongst the congregation of them that professe the truth 3. The Church in this last sense hath a certain power granted by God according to which it useth a proper jurisdiction and government exercised to the comfort of the whole Church 4. This power Ecclesiastical is an authority granted by God the Father through the mediation of Iesus Christ unto his Church gathered and having the ground in the word of God to be put in execution by them unto whom the spiritual government of the Church by lawfull calling is committed 5. The policy of the Church flowing from this power is an order or form of spiritual government which is exerced by the members appointed thereto by the word of God and therefore is given immediately to the Office-bearer by whom it is exercised to the weal of the whole body 6. This power is diversly used for sometime it is severally exercised chiefly by the teachers sometime conjunctly by mutual consent of them that bare office and charge after the form of judgement the former is called potestas Ordinis the other potestas Iurisdictionis 7. These two kinds of power have both one ground one final cause but are different in the form and manner of execution as is evident by the speech of our Saviour in the 16th and 18th of S. Matthew 8. This power and policy is different and distinct in the own nature from that power and policy which is called the Civil power and appertains to the civil government of the Commonwealth albeit they be both of God and tend to one end if they be rightly used that is to advance the glory of God and to have godly and good subjects 9. For this power Ecclesiastical floweth from God immediately and the mediator Iesus Christ and is spiritual not having a temporal head in the earth but only Christ the onely spiritual King and Governour of the Church 10. It is a title falsely usurped by Antichrist to call himself the head of the Church and ought not to be attributed to Angel or to man of what estate soever he be saving to Christ the head and only Monarch of the Church 11. Therefore this power and policy of the Church should lean upon the Word immediately as the only ground thereof and should be taken from the pure fountains of the Scriptures hearing the voice of Christ the onely spiritual King and being ruled by his lawes 12. It is proper to Kings Princes and Magistrates to be called Lords and Dominators over their subjects whom they govern civilly but it is proper to Christ only to be called Lord and Master in the spiritual government of the Church and all others that bear office therein ought not to usurp dominion nor be called Lords but Ministers Disciples and servants for it is proper to Christs office to command and rule his Church universally and every particular Church through his Spirit and Word by the ministery of men 13. Notwithstanding as the Ministers and others of the Ecclesiastical state are subject to the Magistrate civilly so ought the person of the Magistrate be subject to the Church spiritually and in Ecclesiastical government 14. And the exercise of both these jurisdictions cannot stand in one person ordinarily 15. The Civil power is called the power of the Sword the other power the power of the Keys 16. The Civil power should command the spiritual to exercise and to do their office according to the word of God the spiritual rulers should require the Christian Magistrate to minister Justice and punish vice and to maintain the liberty of the Church and quietnesse within their bounds 17. The Magistrate commands in things external for external peace and quietnesse among the subjects the Minister handleth external things onely for conscience cause 18. The Magistrate external things only and actions done before men but the spiritual ruler judges both the affection and the external actions in respect of conscience by the word of God 19. The Civil Magistrate getteth obedience by the sword and other external means but the Minister by the spiritual sword and spiritual means 20. The Magistrate ought neither preach minister the Sacraments nor execute the censures of the Church nor yet prescribe any rule how it should be done but command the Minister to observe the rule prescrived in the Word and punish transgressors by civil means the Minister again exercies not the civil jurisdiction but teaches the Magistrate how it should be exercised according to the Word 21. The Magistrate ought to assist maintain and fortify the jurisdiction of the Church the Ministers should assist their Princes in all things agreeable to the Word providing they neglect not their charge in involving themselves in civil affaires 22. Finally as Ministers are subject to the judgement and punishment of Magistrates in external things if they offend so ought the Magistrates submit themselves to the discipline of the Church if they transgresse in matter of conscience and Religion CHAP. 2. Of the parts of policy of the Church and persons or Office-bearers to whom the administration is committed FIrst as in the policy Civil the whole Commonwealth consists in them that are Governours or Magistrates and them that are governed and subjects so in the policy of the Church some are appointed to be rulers and the rest of the members are to be ruled and obey according to Gods word and the inspiration of his Spirit alwayes under one Head and chief Governour Jesus Christ. 2. Again the whole policy of the Church consists in three things chiefly in doctrine discipline and distribution With doctrine is annexed the ministration of the Sacraments 3. And according to this division arises a sort of
form of proces kept with them others judged that there needed no such formality seeing the Authours were known and the sentence of forfeiture pronounced against them stood unreduced To use a citation they said was to give them warning to flee whereas otherwise they might be taken unprovided and brought to their censure At last it was agreed that a Commission should be given to some Noblemen that had power and affected the businesse to apprehend them This Commission was given to the Earls of Morton Marre and Eglinton and to the Lords of Ruthven 〈◊〉 and Boyd which was not so closely carried but advertisement went to the Lord Hamilton and his brother Lord Claud so as they escaped The Lord Hamilton going on foot through the most part of England in the habit of a Seaman fled into France Lord Claud after he had lurked a while amongst his friends at home found refuge in the North parts of England others of their friendship who stood in fear saved themselves where best they could Upon the report of their escape charges were directed for rendering the houses of Hamilton and Draffan which belonged to the Earl of Arran their elder Brother and were possessed by the Lord Hamilton as administrator to his brother because of his disease The Earl of Arran himself they had kept in the Castle of Draffan attended by some servants and he was known to have no part in any of these facts wherewith they were charged so as by way of justice his estate could not fall under forfeiture yet some colour of right behoved to be made for bringing the same under the Courts disposing To this effect it was devised that a complaint should be preferred in the name of the Earl of Arran and his Majesties Advocates bearing the miserable condition of the said Earl and how he was detained in close prison by his two brothers without fire aire and the company of his honest friends his living violently possessed by the Commendators of Aberbrothock his Sheriffeship of Laâ—rick usurped himself denied the benefit of marriage and debarred from succession against all law for if he was an idiot or furious as they gave out he ought to have had Curators given him by the King and if he was mentis compos it was an intolerable wrong to use him in that sort Therefore desired letters to be directed for his exhibition before the Councel that it might be known in what estate he was and an honourable provision appointed unto him such as befitted his birth and condition This desire being judged reasonable summons were directed against the two brothers that were fled and they not appearing at the day were denounced Rebels But this not sufficing to work their ends the disobedience of the Keepers in not rendring the strengths when they were charged was made the Earls crime and he found to have incurred the pain of treason an act of the greatest injustice that could be done Notthelesse upon this ground were both the Castles at that time demolished and Captain Iames Stewart afterwards preferred to the Earldome of Arran Whilest these things were doing Monsieur No a Frenchman Secretary to the Queen of Scots came to Striveling with letters and some presents to the King but because in the superscription of the letters he was only intituled Prince of Scotland the messenger was denied accesse and neither his letters nor presents received The rest of this summer was spent for the most part in summoning the Gentlemen of the name of Hamilton and putting them under surety that they should not give supply to the fugitives and be always ready to answer before the Councel when they should be called Dame Margaret Lion Countesse of Cassils who not long before had married the Commendator of Aberbrothock was suffered to possesse the Joincture she had by her first husband upon the like condition And because many were put in fear by this proceeding that the pacification of Perth should be altogether annulled his Majesty made a publick declaration That what was done in the present pursuit was only for the murther of his Father and Regents unto which both in honour and conscience he was tied And that no Article of the pacification should be infringed or called in question In the beginning of Iuly the Earl of Athols funerals were performed with great solemnity and his body interred in the Church of S. Giles at Edinburgh after which Colin Earl of Argile was created Chancellour in his place The King then resolving to shew himself to his people and to fall into the exercise of his Princely authority caused proclaime a Parliament to be kept at Edinburgh the twentieth of October Whilest things were preparing for his remove the Lord D' Ambigny arrived from France of purpose to visit the King as being nigh of blood and Cousen german to his Father The King receiving him kindly after a few days entertainment at Striveling took him in company to Edinburgh when he grew into such favour by his courteous and modest behaviour as the King would not permit him to return unto France and moving his grand Uncle to resign in his favours the Earldom of Lennox he gave to him in recompence the title of the Earldom of March Soon after the Abbacy of Aberbrothock which was fallen by Lord Iohn Hamiltons forfeiture was bestowed on him and he preferred to be one of the privy Councel This suddain and unexpected preferment got him much hatred and being of the Roman profession his enemies filled the countrey with rumours that he was sent from France only to pervert the King in his Religion Notthelesse in the Parliament which held at the time appointed divers good acts were made in favour of the Church but the matters of jurisdiction which the Ministers did chiefly urge was put off to a new Commission Some moneths before the King had required them by a letter directed with Iohn Doncanson his Minister to abstain from making any novation in the Church policy and to suffer things to continue in the state wherein they were unto the Parliament approaching without prejudging the decision of the Estates by their conclusions But they neglecting the letter went to examine the conference kept at Striveling the year preceding and whereas in that conference divers heads were remitted to a further consultation they ordained nothing to be altered either in form or matter of that which amongst themselves was concluded They further called the Archbishop of S. Andrews in question for granting collations upon some Benefices and for giving voice in Parliament not being authorized thereto by the Church This did so displease the King as from that time forth he did not countenance the Ministers as in former times and upon the complaint of persons who otherwise deserved not much regard that the Church might find in what need they stood of his favour he suffered divers sentences to passe in Councel suspending their
he not charged with this nor seemed he to be touched therewith in his death which to the judgement of the beholders was very peaceable and quiet He was heard to make that common regret which many great men have done in such misfortunes That if he had served God as faithfully as he had done the King he had not come to that end but otherwise died patiently with a contempt of the world and assurance of mercy at the hands of God The same day Archibald Douglas called the Constable and Mr. Iohn Forbes servant to the Earl of Marre were executed the rest who were taken in the Castle had their lives spared and were banished the countrey and David Home of Argaty and one Iohn Shaw were pardoned The King after this returned to Edinburgh where he gave order for charging the houses of the fugitive Lords and their friends and upon information made that certain of the Ministery had dealing with the Rebels summons were directed to charge Mr. Andrew Hay Parson of Ranfrew Mr. Andrew Polwart Subdean of Glasgow Mr. Patrick Galloway and Mr. Iames Carmichael Ministers to compeir before the Councel Mr. Andrew Hay compeired and nothing being qualified against him was upon suspicion confined in the North. The other three not compeiring were denounced Rebels and fled into England The Parliament declared current at the time for the more speedy dispatch of businesse convened the 22. of May In it his Majesties declaration concerning the attempt of Ruthven was ratified The King his authority over all persons in all causes confirmed The declining of his Majesties judgement and the Councels in whatsoever matter declared to be Treason The impugning of the authority of the three Estates or procuring the innovation or diminution of the power of any of them inhibited under the same pain All jurisdictions and judicatures spiritual or temporal not approved of by his Highnesse and the three Estates discharged and an Ordinance made That none of whatsoever function quality or degree should presume privately or publickly in Sermons Declamations or familiar conferences to utter any false untrue or slanderous speeches to the reproach of his Majesty his Councel and proceedings or to the dishonour hurt or prejudice of his Highnesse his parents and progenitors or to meddle with the affaires of his Highnesse and Estate under the pains contained in the Acts of Parliaments made against the makers and reporters of lies Whilest these statutes were in framing the Ministers who were informed thereof to work at least a delay sent Mr. David Lindesay to intreat the King that nothing should pass in Act concerning the Church till they were first heard Arran getting intelligence of this caused arrest him as one that kept intelligence with England so as he was not permitted to come towards the King The first night he was kept in Halirudhouse and the next morning sent prisoner to Blackness where he was detained 47. weeks Mr. Iames Lawson and Mr. Walter Balcanquell Ministers of Edinburgh hearing that he was committed forsook their charge and fled into England leaving a short writing behind them to shew the reasons of their departing Iohn Dury some weeks before was removed and confined in the Town of Montrosse so as Edinburgh was left without any Preacher Mr. Robert Pont Minister of S. Cutberts and one of the Senators of the Colledge of Justice because of the misregard of the Church as he pretended in concluding these Acts as the Heraulds were proclaiming them according to the Custome took instruments in the hands of a Notary of the Churches disassenting and that they were not obliged to give their obedience thereto which done he likewise fleeing was denounced Rebel and put from the place in Session Rumours hereupon being dispersed that the King was declined to Popery had made divers Acts to hinder the free passage of the Gospel and abolish all order and policy in the Church Command was given to form a brief declaration of his Majesties intention in those Acts that concerned the Church and to publish the same for detecting the falshood of those rumours In this declaration the occasions that enforced the King to the making of these statutes were particularly set down and the equity thereof maintained by divers reasons Amongst the occasions were reckoned the allowance of the fact of Ruthven by the assembly of the Church Mr. Andrew Melvil his declining of the King and Councel the fast kept at the feasting of the French Ambassadors general fasts indicted through the Realm without the King his knowledge the usurping of the Ecclesiastical jurisdiction by a number of Ministers and Gentlemen the alteration of the lawes at their pleasure and a number of like abuses And for satisfying good people strangers as well as subjects touching his Majesties good affection towards the maintenance of Religion certain Articles were drawn up and subjoyned to the said Declaration to make it appear that his Majesty had intended nothing but to have a setled form of policy established in the Church But these things gave not much satisfaction so great was the discontent and were replied unto in Pamphlets defamatory libels and scurril poems which daily came forth against the Court and the rulers of it To furnish the vacant places of Edinburgh till some were moved to undertake the charge the King did appoint his own Ministers Mr. Iohn Craig and Mr. Iohn Duncanson the Archbishop of Saint Andrews supplying the ordinary preaching at Court Soon after there came a letter from the Ministers directed to the Session of the Church at Edinburgh and to the Councel of the town of this tenour That seeing they were assured many calumnies would be forged against them for absenting themselves from their flock they had good to write unto them the true causes thereof which were as they said The great indignation conceived against them by the rulers of the Court for resisting the dangerous courses then in hand the Acts made in the late Parliament repugnant to the word of God and doctrine oftentimes by them preached the iniquity committed in the passing the said Acts and violence wherein they were defended the Articles penned and presented to some Ministers for submitting themselves to the tyrannical Regiment of Bishops whom they called gross libertines belly-gods and infamous the charge given to the Provost and Bayliffes of Edinburgh to take and apprehend all Ministers that should convene to the Eldership and those that in Sermon should utter any thing against the Acts and present unhappy course with the insolent words cast forth against them That if they followed the same course they were in though their heads were as haystacks they should be laid at their heels These things they said did cast them in a grievous temptation for to go from their good course they could not unlesse they should be traitors to God to continue in it and stay would be counted treason against the King and be hazardous of their
bridge of which he kept the keyes Some weak resistance was made by Colonel Stewart at the head of the Market street but he was soon put back with the slaughter of one or two of his company The borderers according to their custome fell upon the stables and made prey of all the Gentlemens horses whereof they found good store The spoile otherwise was not great as of a town not very rich in merchandise In the morning betimes the Castle was inclosed which they knew could not long hold out for it was unfurnished and scarce provided with victuals of one day in this extremity the King was advised to employ two of his Councel towards the Lords to ask what they intended Choice was made of the Secretary and Justice Clerk as men whom they would willingly hear At the first meeting the Secretary was rough enough with them saying That such violent formes were not to be approved and to deal in that manner with their King they would finde it unsure for what was extorted from him by force or fear he would soon finde means to undo and never want men to serve him in that whereunto his will was bent that humble Petitions became subjects and had been more fitting then to come in the manner they did The Lords answered that it grieved them fore to be reduced to that necessity nothing being more dear to them then the Kings honour and safety But what could they have done they were banished from their countrey put from their livings their friends used with cruelty the King not permitted to hear them in their just defence and alwayes shut up from presenting their Petitions That their coming in that manner was not to dishonour nor force the King to whom they would be most humble supplicants and upon their knees if they should find accesse beg mercy at his hands All they did was to save themselves from ruine and to be secured from their adversaries who had wronged them and the whole States of the Kingdom wherefore they besought them as their countreymen and friends to intercede with his Majesty that they might be accepted in favour and all things composed in the most quiet and honourable manner for the King and State that could be devised This reported to the King did mitigate his mind a little For my self said he I did never like that mans violence meaning Arran and howbeit I cannot but offend with their doings yet for the countreys sake and preservation of publick quietnesse I can pardon and overpasse all but one thing I desire you that have been in conference with them to look to that none in my company receive any harm I know there are quarrels betwixt the Earl of Crawford and the Master of Glammis That the Earl of Angus doth not like Montrosse and I believe that Colonel Stewart is not well beloved for things done in my service These I cannot see with mine honour hurt provide for that and that they may be in safety and I shall willingly admit them When this was shewed the Lords they said that they had not taken up Arms for any private quarrel nor would they mixe their particulars with the publick but it should be good for eschewing such inconveniences as might happen that the Noblemen whom the King had named were put in custody with some special persons and that the Colonel should be discharged from his office of the guard and the same conferred to another This being declared to the King he gave his consent to receive them Being brought unto his prefence they fell all upon their knees and the Lord Hamilton who had the precedency in regard of blood taking the speech said that they were come in most humble manner to beg mercy and his Majesties love and favour The King answered My Lord I did never see you before and must confesse that of all this company you have been most wronged you were a faithful servant to the Queen my mother in my minority and when I understood not as I do the estate of things hardly used The rest of you that have since that time been exiled and put from your livings cannot say but it was your own fault and that your misbehaviour procured the same But turning himself to Bothwel what should have moved thee Francis said he to take this course and come in Armes against me did I ever thee any wrong or what cause hadst thou to offend I wish thee a more quiet spirit and that thou mayest learn to live as a Subject otherwise thou wilt fall in trouble To you all who as I truly think have not meant any harm to any person I am pleased to give both my hand and my heart and will remember nothing that is past providing you carry your selves from henceforth as becomes men of your places and behave your selves as dutiful subjects So they arose one by one and kissed his Majesties hands It was observed that he received the Lord Hamilton with greatest kindnesse and gave him more respect then any others This was the day after their entering into Striveling Two days after in Councel the King renewing his promise did by publick Act confirm the pardon granted to them and their Assisters which was by sound of trumpet proclaimed The Earls of Crawford and Montross were commended to the Lord Hamilton who used them honourably and Colonel Stewart suffered quietly to depart Arran after his flight went unto Coile and lived private amongst his friends deprived of all his honours The charge of the guard was given to the Master of Glammis the Castle of Dumbritton put in the Lord Hamiltons custody Striveling restored to the Earl of Marre and the Castle of Edinburgh delivered to Sir Iames Home of Coldinknâ—ws In this manner did the banished Lords recover his Majesties favour and return to their places albeit Thuan deceived by some information hath otherwise related the same How soon the Noblemens peace was proclaimed Duntraith who had touched them in his deposition against Maius saying that he was told by one Iohn Home the Lords had hired every one of them two men to kill the King so comperired before the Councel undesired so the Act of Councel beareth and confessed that he was suborned by Captain Iames who is henceforth to be so named the title of Arran being returned to the right owner to make that deposition which in it self was false and untrue out of fear and to save his life For verifying whereof and to shew that he did not confesse this to please the Noblemen whom he had wronged by such a confession he declared that for the space of eight weeks before their return he had revealed the same to the Master of Gray and to the Provost of Linclouden both which upon oath testified no lesse to the King The Councel for clearing the Noblemen ordained his confession to be published which was not very needful for no man did beleive the
delation only it served to discover the falshood of the suborner In December following a Parliament was held at Linlithgow for ratifying the peace and abolishing the memory of things past In this meeting the Ministers who returned in company of the Lords did earnestly urge the repealing of the Acts concluded the year preceding against their discipline which the King did utterly refuse ordaining that none should either publickly declare or privately speak or write in reproach of his Majesties person estate or government as is to be seen in the first Act of the parliament The Ministers offending greatly therewith especially with the Lords who had promised to see these Statutes repealed stirred up one Mr. William Watson in his preaching before the King to complain of the neglect that was made of the Church and condemn the acts above mentioned This young man the Bishop of S. Andrews had placed in Edinburgh after the departing of the Ministers of England and he to this time had carried himself very orderly but now either fearing that his admission by the Bishop should be questioned or to insinuate himself this way in the favours of the Ministers who he thought would rule all matters of Church as they pleased he took the boldnesse to reprove the King to his face This his unseasonable and insolent doing was by all wisemen condemned and he therefore committed to the Castle of Blacknesse Notthelesse another of the same humour called Iames Gibson Minister at that time at Pencaitland usurping the Pulpit at Edinburgh where the sicknesse was somewhat relented fell out in the like impertinent railing saying That Captain James with his Lady Jesabel and William Stewart meaning the Colonel were taken to be the persecutors of the Church but that now it was seen to be the King himself against whom he denounced the curse that fell on Jeroboam That he should die childless and be the last of his race This man called before the Councel confessed the speeches and proudly maintained the same for which he was likewise committed Watson upon promise to amend and behave himself more dutifully was suffered to return to his charge but the businesse with the other lasted to a longer time as we will afterwards hear A few days before this Parliament deceased Mr. Iohn Spottiswood Superintendant of Lothian a sonne of the house of Spottiswood in the Mers within the Barony of Gordon of which Surname it seems his first progenitors were by the armes they have common with the Gordons his Father was killed at Floudon in the unfortunate battel wherein King Iames the fourth died and he left an Orphane of four years old When he was come to some years his friends put him to Schoole in Glasgow where he took the degree of a Master of Arts and having a purpose to study Divinity which he most affected was wholly diverted from following the same by the perfecutions he saw used against those they called hereticks So leaving the countrey he went into England and there falling in familiarity with Archbishop Cranmer was by his means brought to the knowledge of the truth Soon after the death of King Iames the fifth he returned to Scotland and stayed a long time with Alexander Earl of Glencarne who was known to be affected that way In his company he came to be acquainted with Matthew Earl of Lennox and was by him imployed towards Henry the eighth at the time that France did cast him off by the Cardinals dealing as we touched before Matters succeeding to the Earl of Lennox his mind and he setled in England he remained with him some moneths after which longing to visit his friends he returned and being known to Sir Iames Sandylands of Calder a man of great authority in those times he was by him allowed to accept the Parsonage of Calder which fell then void And living sometimes with him sometimes with the Prior of S. Andrews in whose company he went to France at the time of the Queens marriage he made no great stay in any one place till the work of reformation began at which time he took himself to reside in Calder and was how soon those troubles ended chosen Superintendent of the Churches of Lothian Mers and Tiviotdale which by the space of 20. years he governed most wisely his care in teaching planting of Churches reducing people and persons of all sorts into the right way was great and so successful as within the bounds of his charge none was found refractary from the Religion professed In his last days when he saw the Ministers take such liberty as they did and heard of the disorders raised in the Church through that confused parity which men laboured to introduce as likewise the irritations the King received by a sort of foolish Preachers he lamented extremely the case of the Church to those that came to visit him who were not a few and of the better sort he continually foretold That the Ministers by their follies would bring Religion in hazard and as he feared provoke the King to forsake the truth Therefore wished some to be placed in authority over them to keep them in awe for the doctrine said he we profess is good but the old policy was undoubtedly the better God is my witness I lie not And that these were his ordinary speeches some two years before his death many then alive could witnesse He was a man well esteemed for his piety and wisdome loving and beloved of all persons charitable to the poor and careful above all things to give no man offence His happy life was crowned with a blessed death which happened the 5. of December 1585. in the 76. year of his age But to turn to the history the King having setled with the Noblemen was very desirous to be at rest with the Church and for that effect called some of the principal Ministers to a conference wherein certain Articles were agreed for the better ordering of the Ecclesiastical affairs the full determination thereof being remitted to the general Assembly of the Church which was appointed to meet at Edinburgh the tenth of May following In the mean time Maxwel puffed up with the victory at Striveling the praise whereof he ascrived wholly to himself grew so insolent as that the next Christmas taking with him a company of lewd and dissolute persons he went in procession from Dumfreis to the Colledge Church of Lincluden and caused a Masse to be said complaint being made to the King he was brought before the Councel and committed to the Castle of Edinburgh where he remained some moneths This gave occasion to the Proclamations which followed against Priests Jesuits and traffiquing Papists who were all commanded to leave the countrey before a certain day under pain of death Whilest these things were a doing Mr. Andrew Melvil to be revenged of Saint Andrews who had devised as he imagined the Acts made in the parliament 1584. and penned the
that troublesome time so powerfull was the combination of parties But that which by the ordinary way of Justice could not as then be required we have since visibly punished in the fall and ruine of those Families for a lesson to all men to fly and abhorre the shedding of innocent blood The year preceding the King had directed as we shewed Sir Richard Cockborn of Clerkington his Secretary to England and amongst other instructions willed him to urge the payment of the moneys which the Lord Souch and Mr. Bowes the Queens Ambassadours had often promised Wherein finding nothing but delayes and his necessities dayly growing he resolved to look to his own estate at home and order his revenues to the best profit For this effect he made choice of eight persons to rule the affairs of the Exchequer These were Alexander Lord Urqhart President of the Colledge of Justice Walter Commendator of Blantry Lord Privie Seal Mr. David Carnegy of Colluthy Mr. Iohn Lindersey Parson of Menmure and Iames Elphingston of Ennernathie Mr. Thomas Hamilton of Dummany Mr. Iohn Sken Clerk of Register all Senators of the Colledge of Justice and Mr. Peter Young of Seaton his Elemosynar To these eight or any five of them was intrusted the full and free administration of the whole Rents and Duties pertaining to the Offices of Controllery and Collectory resigned and committed by the four Officers in his Majesties hands with power to deprive and discharge all inferiour Chamberlains Under-collectors Customers Secretaries Intrometters whatsoever with any of the said Rents all inferiour Clerks of the said Offices and to appoint new Clerks Receivers and Intrometters with the same excepting onely the Office of the Clerk of Register his fees priviledges and other commodities belonging to him or any of his Predecessours to hear and exact account of Steward Sheriffs Bayliffs Provosts of Burghs Customes Clerks of Cockquet Searchers Chamberlains Receivers Factours and Intrometters with the Farmes Males Profits and Duties Caves Customes Fishings Cole-houses Parks Steadings Orchards and other Rents of the propertie annexed of old and of new or unannexed and belonging any way to the Patrimony of the Crown as also to hear the unmade accounts of the Treasurer and his Deputies the Generall and Warden of the Coin and Taskmen and labourers of the Mines and Metalls the Collectours of the Taxation the Master of the Wardrobe Jewels and moveables the Master of the work the munition and plenishing of Castles the Monks portions the payment of the Guard and men of Warre the rents of Colledges Hospitalls Schools and Students the common good of Burghs the Dowry of whole moneys appertaining to the King as well within the Realm as coming from other parts and to allow or refuse allowance thereof as they should find meet with power likewise to appoint and set Fines and Penalties for offences to make and set down the prices of Wines Victualls and Corns yearly to put an order to his Majesties house and Esquiery and stable and make provision therefore to repair the decayed Customes appoint the Order of uplifting the same and to rowpe and set them to the best profit to consider the state of the present Coin and therein direct what they should think requisite to assist the Treasurer and the Compositors in the expeding of signators and that without advice nothing should passe to examine the diligence of Sheriffs and other inferiour Judges with their Officers and negligence to correct and punish the faults of Officers of Arms to compone transact or uplift the escheats of persons denounced to the horn and generally to do and perform all things proper to the Exchequer they enoying such places in Councell and Parliament as the Officers thereof had in former times with all the power priviledges honours and immunities that belonged thereto either by Acts of Parliament or by consuetude of the Realm The King did further promise in verbo principis not to joyn any more to the present Commission at any time hereafter and in case a place fell void by decease of any of the present Commissioners to receive and admit none but by advice and consent of those that remained alive as also not to signe any letter or signatour concerning the disposition of any of the rents of property collectory or new augmentations confirmatives or ratifications of any former gifts dispositions pensions or infestments or licenses for transporting of forbidden goods unlesse the same were first heard allowed and subscribed by the said Lords or any five of them sitting in Councell by way of Action Exception or Reply notwithstanding the Seals were appended thereto The keeper whereof were discharged to append any signet or seal except the letters or signatures were subscribed in manner above rehearsed under the pain of losing their offices Moreover it was declared that the said Lords should have power to direct letters of horning poynding and caption upon their own acts and decretes and that no suspension of any charges for ingathering any part of the Patrimony should pass except in Exchequer or Session three of the said Lords subscribing the same The Lords again made faith That the next unto God and good Conscience they should in all things respect his Majesties weal honour and advancement of his revenue and neither for tenderness of blood commodity to themselves awe or fear of any person consent to the disposition of any part of the patrimony whereby his Majesties profits might be diminished and that they should not give their consents severally but being assembled at least five of them in Exchequer under protestation that the accepting of the said Commission should not be a reason of declining them in Action that concerned his Majesty seeing they did neither receive fee nor were intrometters with any part of the rents but only directed the receivers and collectors of the same This Commission approved by the Lords of Councell was published at the market Cross of Edinburgh the 12 of Ianuary 1595. diverse excepting at the ampleness of it and saying That the King had left nothing to himself but the naked title of a King and put all his power and means in the hands of others so as subjects were to expect no benefit nor reward from him The Courtiers they especially of the bed-chamber did grudge exceedingly that all occasion to do good to themselves or their friends was this way cut off Nor was it long before these Commissioners became extremely disliked partly for their strict dealing with the subjects and partly for drawing all the offices into their own hands Beginning was made at M. David Magill Advocate whom they pressed to dimit and resigne his office by reason of his age and imbecillitie as they pretended and when by no perswasion he could be moved unto it they did associate with him in office M. Thomas Hamilton one of their own number which bred him such a grief as shortly after he ended his days Next they fell upon the
against him rejecting the testimonies of the Town and University When by no perswasion he could be moved unto it the King went to Councell and the same day it being the second of December caused read the deposition of the witnesses who did clearly testifie that all the speeches libelled were uttered by M. Blake in Pulpit Thereupon sentence was given that he had falsely slandered and treasonably calumniated the Kings Majesty his bedfellow the Queen his neighbour Princess the Queen of England the Lords of his Highness Councell and Session and therefore his punishment being remitted to the King it was ordained that till his Majesties pleasure should be declared he should be confined beyond the North water and enter to his ward within six days Notwithstanding of this Sentence the day following a new Treaty began which continued some ten daies and was like to have produced an agreement for the King was content as before to delete the Acts of Councell at which the Ministers took offence by writing on the margent of the book according to the custome of deleting This matter is agreed and the Act delete He was likewise pleased to mend the Narrative of the Proclamation turning that upon the Papists and enemies of Religion that was said of Ministers and for Mr. Blakes businesse was content that the Interloquutor pronounced should not be made a preparative against any other Minister and that none should be called upon their preaching before the Councell till it was found in a lawfull Assembly that the King might judge of those that passed their bounds in Doctrine Provided he might in the mean time be assured of the good behaviour of the Ministers and that they should not speak unreverently of him or of his Councell which assurance he would have in writing Some punishment also he would have afflicted on Mr. Blake as either to transport him from S. Andrews to another Congregation or suspend him for a time from his charge punishments not very rigorous nor answerable to the quality of the offence The Commissioners being herewith advised liked well of all the last excepted A punishment they said could not be afflicted where no cognition had proceeded for as to the triall taken neither was it done by the proper Iudge nor was that equity observed which ought to have been witnesses that were under the Censures of the Church and ill-affected to Mr. Blake being admitted to depone against him This reported to the King he made offer to name twenty persons against whom no exception could be alledged and to give Mr. Blake his choice of seven or eight of that number who should be new examined touching the verity of the speeches whereof he was accused if they upon their consciences did absolve him he should rest satisfied if otherwise he would crave him to be deposed But this came to no effect nor could any overture albeit divers were proponed serve to work an accord so as the communing broke off and greater displeasures arose on both hands then afore For the Commissioners having directed two of the Brethren to shew the King That since they could obtain no redresse for the wrongs done unto Christs kingdome and saw nothing but the enemies of the truth were favoured and the faithfull Pastors of the Church reviled and pursued they could not abstain from opposing these proceedings with the spirituall armour given them by God and did therefore indict a Fast to be kept the Sunday following being the 12 day of December with solemn prayers for averting the judgments which the present courses did threaten The King on the other side made his displeasure and the scorn he took of these proceedings known by a Declaration published on the 15 day wherein he shewed That out of a desire he had to keep peace with the Ministers he did condescend to abstain from troubling in any case bygone untill by a convention of Estates and a Generall Assembly of the Ministery the difference between the Civill and Ecclesiasticall judgments might be removed providing they should promise not to disgrace him and his proceedings in their Sermons which he was in hope to obtain by sundry Conferences and meetings that he had kept with some of them till at last publickly they had opposed themselves in Pulpit by approving the doings of Mr. David Blake accusing himself of persecution and falsly suggesting to the people that all Church Assemblies were discharged whereas his resolution was and is to maintain Religion and the Church discipline established by law and to suffer nothing to be done in prejudice thereof by whomsoever which his Highnesse thought good to make known to all his subjects ordaining all Ministers to subscrive their obedience to his Majesty and set their hands to the bonds which should be presented to them for that effect under the pain of sequestring their rents stipends ay and while they gave the obedience required The same day was Mr. Blake charged to go unto his ward and the Commissioners of new commanded to remove themselves forth of the Town How soon they were gone the Secretary Mr. Iohn Lindesey thinking the Ministers of Edinburgh would be more tractable being left to themselves did move the King to send for them and make a fresh Proposition for setling these divisions But they refusing to enter in any communing except the Commissioners were recalled by as publick a Proclamation as that whereby they were discharged hope was given that the next day the same should be done and all questions laid over unto their return which some of the Kings Chamber having understood and fearing if matters were once accorded the Octavians against whom they were chiefly set should contine in their imployment among other reports they informed the King that a mighty watch was kept in Edinburgh about the Ministers houses for fear of some violence to be offered unto them which laid an heavy imputation upon his Majesty and that the Ministers would never be quiet till these factious people were put forth of the Town The advice as truly meant was hearkned unto and direction given to some 24 of the Burgesses that were best affected to the Ministers to depart the Town within the space of six hours This they knew would be ill taken by the Ministers and to put them in a greater fear they did advertise them by a counterfeit Letter to look unto themselves because Huntley had been with the King that night late and caused that charge to be given This Letter sent to Mr. Robert Bruce was by him communicate to Mr. Walter Balcanquall whose course it was to preach that morning and they both apprehending the information to be true did think it the safest way for themselves to make the people advertised of the danger so when the hour of Sermon came the Preacher reading his Text out of the book of Canticles which was his ordinary at that time and taking occasion of the present
King and cunningly abused the English Warden did make his aboad at Court and was there well entertained The Ambassadour whether desired by the Queen or the Warden it is uncertain caused some of his servants keep company with the man and allure him one day to Leth where having drunk liberally he was by Coach instead of returning to Court carried to Berwick This being told the King he was greatly offended and giving order to watch the Ambassadours lodging 〈◊〉 to Berwick to bring back the man The Governour prayed the King to have him excused for that the man being come within his charge he could not dimit him without the Queens knowledge The King receiving this answer did challenge the Ambassadour as not having carried himself dutifully and wronged both him and the Countrey but he denying the fact affirmed the same to have been contrived by two of his servants without his knowledge and direction This none did believe neither did the King vouchsafe him any more countenance Whereupon he parted in a great discontent Soon after the King went to S. Andrewes for a new visit of the Universitie where it was ordained That there should be yearly upon the 3 of March a Dean of facultie of Theologie elected by the Doctors the Ministers resident within the City and the principall Masters of the Colledges which Deane so chosen should have the like priviledge and jurisdiction upon the students and professors of Theologie that the Deans of Philosophy had by the foundation over the professors thereof with expresse provision that that he who was elected Dean should not till after three years space be received again into the office Other conclusions were taken for distributing the Students of Theologie in Classes and their yearly examination but were ill observed At this time came forth sundry Discourses touching the succession of the Crown of England some oppugning some maintaining the Kings title amongst others Mr. Iohn Colvill taking upon him one of the opposite Treatises did publish a recantation wherein having confuted all the contrary reasons he professed that in malice in time of his exile he had penned the Treatise which then out of conscience he refuted This was believed of many and helped greatly to discredit the adversary writings yet was he not the Author of that which he oppugned only to merit favour at the Kings hands he did profess the work that came forth without a name to be his and indeed a more pithie and perswasive Discourse was not penned all that time in that subject The same year did the King publish his Doron Basilicon upon this occasion Sir Iames Semple one of his Majesties servants whose hands was used in transcribing that Treatise upon an old familiarity with Mr. Andrew Melvill did give it him to read who offending with some passages that touched the Ministery and present discipline took copies thereof and dispersed the same amongst the Ministers thereupon a Libell was formed and cast in before the Synod of St. Andrews wherein the passages at which they excepted being first set down it was asked What Censure should be inflict upon him that had given such instructions to the Prince for that Treatise was directed to Prince Henry and if he could be thought well affected to religion that had delivered such precepts of Government Sir Patrick Murray and Mr. Iames Nicolson being present in the Synod as Commissioners for the King and apprehending the libell to concern his Majesty made diligent enquiry to find out the presenters The whole number pretending ignorance the Commissioners commanded the doors to be shut and the Roll of the Ministers names to be called who being put to their oath one by one did purge themselves yet was it tried the very next day to be laid on the table by Mr. Iohn Dikes Minister at Anstruther who being therefore cited before the Councell was fugitive and denounced Rebell The rumor by this occasion dispersed that the King had left certain directions to his son prejudiciall to the Church and Religion he took purpose to publish the work which being come abroad and carried to England it cannot be said how well the same was accepted and what an admiration it raised in all mens hearts of him and of his piety and wisdome Certain it is that all the Discourses that came forth at that time and those were not a few for maintaining his right to the Crown of England prevailed nothing so much as did the Treatise against which such exceptions had been taken In the end of the year happened some new jarrs betwixt the King and the Ministers of Edinburgh because of a company of English Comedians whom the King had licensed to play within the Burgh The Ministers offending with the liberty given them did exclaim in their Sermons against Stageplayers their unruliness and immodest behaviour and in their Sessions made an Act prohibiting people to resort unto their plaies under pain of the Church censures The King taking this to be a discharge of his Licence called the Sessions before the Councell and ordained them to annull their Act and not to restrain the people from going to these Comedies which they promised and accordingly performed whereof publication was made the day after and all that pleased permitted to repaire unto the same to the great offence of the Ministers The next year which by publick Ordinance was appointed to have the beginning at the Calends of Ianuary and from thenceforth so to continue for before that time the year with us was reckoned from the 25 of March there was an Assembly kept at Montrosse the 28 of March where the King himself was present Therein that great business of the Churches voice in Parliament was determined and first the conclusions taken at Falkland in Iuly 1598 were ratified Then touching the continuance of those that should be chosen to give voice for the Church it was after much debating concluded That be who was admitted should yearly render an account of his Commission to the generall Assembly and laying the same down at their foot should be therein continued or if his Majesty and the Assembly did think fit to employ another he should give place to him that was appointed Two points more were adjoyned to the former one was That they who had voice in Parliament should not have place in the generall Assembly unless they were authorised by a Commission from the Presbyters whereof they were members The other caveat was That crimen ambitus should be a sufficient reason to deprive him both of his place and office And now there rested no more but to nominate persons to the Bishopricks that were void Aberdene and Argile had their own incumbents at the time both actual preachers S. Andrewes and Glasgow were in the hands of the Duke of Lennox Murray possessed by the Lord Spinie Orkney by the Earl of Orkney Dunkeld Birchen and Dumblane had their own titulars but these
forward to God which I for my part doe hope and firmly believe that you all will endevour according to the wisdome and prudence which Almighty God hath given unto you And thus as your Lordship hath ever been desirous that I should give you the best assistance I could with his Majesty for the reducing or restraining this Nobleman so you see I have done it with the best discretion I could which I doubt not but all our brethren with you will take as proceeding from my desire to serve God and his Majesty and the whole Church of Scotland I send you herewith the form which I used in absolving the Lord Marquiss in the presence of the Lord Primate of Ireland the Lord Bishop of London and divers others And so beseeching the blessing of God upon you all that in your Assembly with unity of spirit you may proceed to the honour of Christ and to the beating down of Antichrist and Popery I leave you to the Almighty From my house at Croyden Iuly 23. 1616. This letter being shewed to the Clergy and others that were offended with the absolution of the Marquiss gave them content yet was it resolved that the Marquiss who then was returned from Court should present a supplication to the generall Assembly which was to meet at Aberdene the 13 of August acknowledging his offence not despising the admonitions of the Church and promising to continue in the profession of the truth and make his children to be educated in the same and that upon his supplication he should be new absolved according to the form used in the Church of Scotland This was very solemnly performed the first day of the Assembly the earl of Montrose being then Commissioner for his Majesty In the Assembly it was ordained That for as much as his Majesty had by Proclamation recalled such as were gone forth of the Countrey to be educated in the Colledges of Jesuits or other Popish Universities within the space of a year upon pain to be declared uncapable of succession either to goods or lands a triall and exact search should be made of all those that were sent or gone into forain parts within these last ten years and that every Minister should send a particular note unto his Ordinary of those within his Parish that were gone to follow their studies in places abroad with their age profession and families whereunto they appertained to the end they may be known and the dangers prevented wherewith their corrupt education did threaten the Church It was likewise enacted That no man should be permitted to practise or profess any Physick unless he had first satisfied the Bishop of the Dioces touching his religion That a Liturgie or book of Common prayer should be formed for the use of the Church That the Acts of the generall Assemblies should be collected and put in form to serve for Canons to the Church in their Ministration of discipline That children should be carefully catechised and confirmed by the Bishops or in their absence by such as were employed in the visitation of Churches That Grammar Schooles should be established in all Parishes where the same might be conveniently done And that a Register should be kept of baptismes marriages and burialls by the Minister of every Parish These Acts being put in form were ordained to be presented to his Majesty by the Archbishop of Glasgow and Bishop of Rosse who were sent from the Assembly to intreat his Majesties confirmation of the thing concluded By the answer returned with them his Majesties good liking of all that had proceeded in the Assembly was understood only against the Act of confirming young children by Bishops he excepted saying it was a meer hotch potch and not so cleer as was requisite and therefore directed the same to be reformed and among the Canons of the Church the Articles following to be inserted First That for the more reverend receiving of the holy Communion the same should be celebrated to the people thereafter kneeling and not sitting as had been the custome since the reformation of Religion 2 If any good Christian visited with sickness which was taken to be deadly should desire to receive the Communion at home in his house the same should not be denied to him lawfull warning being given to the Minister the night before and three or four of good Religion and conversation being present to communicate with the sick person who must provide for a convenient place and all things necessary for the reverent administration of the blessed Sacrament 3 That the Sacrament of Baptisme should not be longer deferred then the next Sunday after the child is born unless some great and reasonable cause declared and approved by the Minister doe require the same And that in the case of necessity tried and known to the Minister it should be lawfull to administrate Baptisme in private houses the same being alwaies ministred after the form it would have been in the congregation and publick declaration thereof made the next Sunday in the Church to the end the child might be known to have been received into the flock of Christs fold 4 Seeing the inestimable benefits received from God by our Lord Iesus Christ his birth passion resurrection ascension and sending down of the Holy Ghost have been commendably remembred at certain particular dayes and times by the whole Church of the World every Minister from thenceforth should keep a commemoration of the said benefits upon these days and make choice of severall and pertinent texts of Scripture and frame their doctrines and exhortations thereto rebuking all superstitious observation and licentious profaning of the said times 5 The Act of confirmation of Children his Majesty desired to be reformed in this manner Seeing the confirmation of Children is for the good education of youth most necessary being reduced to the Primitive integrity It is thought good that the Minister in every Parish shall catechise all young children of eight years of age and see that they have knowledge and be able to rehearse the Lords prayer the Belief and ten Commandments with answers to the questions of the small Catechisme used in the Church and that the Bishops in their visitations shall cause the Children be presented before them and bless them with prayer for the encrease of Grace and continuance of God his heavenly gifts with them The difficulty of admitting these Articles being represented in an humble letter to his Majesty by the Archbishop of S. Andrews and a reason given why the same could not be inserted with the Canons as having at no time been mentioned to the Church nor proponed in any of their meetings he was pleased to forbear the pressing of the same for that time thinking at his coming into Scotland which he intended the next Summer to satisfie such as were scrupulous and to obtain the Churches consent Shortly after a letter was sent to the Councel To assure them of the
reconciliation intended was brought to an end These Articles being signed by the King and subscrived by the principals of both parties the accord and heads thereof were published at Striveling and Falkirk the fourteenth of August upon which the Armies dissolved No stirre in our memory was more happily pacified for should it have come to the worst as it was not far off such was the heat and hate of both factions that the mischief could not but have been great which would have ensued The place and time of the Noblemens meeting for considering the grievances of both parties being left to the Kings appointing because delay might breed greater difficulties his Majesty did assign the 20. of September to meet at Striveling whereof he caused the Ambassadour give the Chancellour notice and to desire him to name the four Noblemen whose advice he and the rest would use in that treaty The Chancellour answered by letter That neither he nor Argile could agree to meet at Striveling nor could they design the four Noblemen whom they would use because death sickness and other accidents might hinder one or more of them to convene but if it should please the King to appoint the place of meeting at Edinburgh about the end of November they should keep the day and for the present nominate ten of which number hey should choose some four at that time as arbiters for their party The ten they named were the Earls of Montross and Cathnes the Lords Lindesay Maxwel Hereis Ogilvy and Innermeath the Abbot of Newbottle and the Lairds of Bargenny and Drumwhassil Herewith he desired three things to be granted One was that licence might be given to such an one as they would choose to pass into England next that they who were dispossessed of their places and offices since the tenth of July might be restored namely Mr. Mark Ker sonne to the Abbot of Newbottle Master of Requests and William Cunningham sonne to the Laird of Drumwhassil Gentleman of the Kings Bedchamber Thirdly that none should be called in question for their absence upon the late Proclamations seeing all they who came not to Striveling must be understood to have been their adherents This answer communicated to the King did highly offend him First that they should usurp the appointing of the time and place of meeting which was left in his power next that they would presume to send a message into England they being his subjects and neither acquaint him with the person nor the message For the other Petitions he judged them impertinent and more fit to be proponed at the meeting of the Noblemen wherefore in a letter sent by Mr. William Areskin to the Chancellour he shewed that since they had delayed to nominate the four Noblemen he himself would make choice of four of them whose names they had given to the Ambassadour to wit the Lords Lindesay Ogilvy Innermeath and Hereis to whom he would joyn the Earls of Rothes and Buchan with the Lords Ruthven and Boyd and by their advice proceed in the reconciliation by him intended which if they should refuse he would notifie to the Queen of England and other Christian Princes the care he had taken to perform all things as they had been lately accorded To this letter no answer was given but that they should advise with their friends and afterwards signify their minds wherewith the King being discontent he summoned the Noblemen to meet at Striveling the 20. of September warning all the subjects whom that businesse concerned to addresse themselves thither against the day At the day none of them appeared and the more careful the King was to have peace made the more they seemed to draw back protracting time upon frivolous excuses Wherefore the King for the last Diet appointed the 20. of October which most of them kept Being all assembled the King spake to them to this effect Ye do all understand what an earnest desire I have that you should joyn in friendship one with another which cannot be more contentment to me then it is benefit to your selves although I have many occasions given me to fall from that desire yet I abide in the same mind and shall wish you to lay aside your needless jealousies and suspicions For as to me I will sindy to be indifferent and bestow my favours unpartially and never repose my self upon any one so much as to deny others the regard which is due to them Ye that are Noblemen have a special interest in me and unlesse there be a correspondence of wills and mindes amongst you I shall never find that concurrence that ought to be for mine honour and the good of the Commonwealth It is not long since at your own desires I accepted the government of the Realm being perswaded by you that this was the only way to cease all grudges but now that I see them increased it repents me to have yielded to your desires and intangled my self in such businesse What should let you to be reconciled and become perfect friends I know not if there by any grief or offence that hath exasperated your minds will ye shew it I am here with the advice of my Lords to remove it and see satisfaction made by those that have done the wrong I hope you do not carry mindes irreconcilcable ye professed that ye laid down Arms for the love ye bare to your King by the same love I intreat you to lay aside jealousies and suspicâ—ons which ye will doubtlesse do except ye mind to expose your countrey and your selves to utter ruine The Lords moved with this speech professed themselves willing at his Majesties desire to bury all discords and that their agreement might be the more sound they were required to set down in writing the injuries and unkindness whereof they complained that satisfaction might be made at the sight of the King and Noblemen whom he had named Hereupon the Chancellour and Argile presented their grievances in some short Articles bearing the unkindnesse they had received from the Earl of Morton in the time of his Regiment Whereunto he answered first generally that what he did in that time was done by order of law and that they themselves had allowed his proceedings and were sureties for ratifying the same in Parliament Then replying more particularly to every Article he gave the King and other Noblemen full satisfaction and made it seen that on the part of the other Lords there was a great mistaking for what he did he could not leave undone without a manifest violation of justice Yet for himself he said although he had been ill rewarded by them for his pains taken in the publick service and received more unkindnesse at their hands then he had deserved he would freely remit all at the Kings desire After some days spent in such reckonings they were brought in end to joyn hands During these contentions in the State Mr. Andrew Melvil held the Church
did beseech his Majesty to think of them as his most humble and obedient subjects and to permit them to confer a little space among themselves that they might return with an uniforme answer This granted they went to the parish Church and after some two hours returned making petition for a generall Assembly wherein these Articles being proponed might be with a common consent received The King asking what assurance he might have of their consenting they answered that they found no reason to the contrary and knew the Assembly would yeeld to any reasonable thing demanded by his Majesty But if it fall out otherwise said the King and that the Articles be refused my difficulty shall be greater and when I shall use my authority in establishing them they shall call me a tyrant and persecutor All crying that none could be so mad as to speak so Yet experience sayes the King tels me it may be so therefore unless I be made sure I will not give way to an Assembly Mr. Patrick Galloway saying that the Bishop of S. Andrews should answer for them the Bishop refused for that he had been deceived by them they having against their promise in the time of Parliament taken the course which they did Then said Mr. Patrick If your Majestie will trust me I will assure for the Ministers The King replying that he would trust him it was condescended that an Assembly should be called for that end at S. Andrews the 25. of November next Mr. Archibald Sympson the subscriber of the Protestation had been called to the meeting but falling sick by the way he excused himself by a letter and therein was very earnest to have the brethren oppose the Articles which he called tricas Anglicanas using some other disdainfull words The letter being shewed to the King he asked for the bearer This was Mr. David Catherwood who carrying himself unreverently and breaking forth into speeches not becoming a subject was committed in the Town house of S. Andrews and afterwards banished the kingdome Sympson for his letter was warded in the Castle of Edinburgh where he remained unto December following The King after this taking his Journey to London by the west parts was all the way through Scotland royally entertained and at Dumfreis had a farewell Sermon preached by the Bishop of Galloway which made the hearers burst out in many tears When the diet of the Assembly came the Earle of Hadington and Viscount of Stormont were sent thither as Commissioners from his Majesty the Archbishop made the exhortation wherein having deduced the Story of the Church from the time of reformation he shewed that the greatest hinderance the Church received proceeded from the Ministers themselves who for the pleasure of ill disposed people spared not to provoke his Majesty to just anger exhorting them for the glory of God the honour of the Gospell and their own good to take another course and preferre the favour of their King under whom they enjoyed so many blessings to the vain applause of factious persons It seemed at first that matters should have gone well for the first two dayes there was much calmenesse and the reasoning very formall and free but then upon a motion to delay the conclusion to another Assembly that the Ministers might have time to informe the people of the equity of the Articles the greater part went that way and all almost cried for a delay His Majesties Commissioners declaring that the King would take in ill part the delay and that nothing should be done considering the promises they had made if a generall Assembly should be granted to receive the whole Articles a fashion was made to a condescending to private Communion and the Ministers ordained to give the elements in the ministration of the holy Supper out of their own hands to the people which two acts with a letter of excuse for the continuance of the rest were sent to his Majesty how the same was excepted may appear by the answer that came a few dayes after which was this We have received your letter and thereby understand what your proceedings have been in that Assembly of S. Andrews concerning which we will have you know that we are come to that age as we will not be content to be fed with broath as one of your Coat was wont to speak and think this your doing a disgrace no lesse then the protestation it self Wherefore it is our pleasure and we command you as you will avoid our highest displeasure the one of you by your Deputy in S. Andrews and by your self in Edinburgh and the other of you in Glasgow keep Christmas day precisely your selves preaching and chusing your Texts according to the time And likewise that ye discharge all modification of Stipends for this year to any Minister whatsoever such excepted as have testified their affection to our service at this time by furthering at their power the acceptation of the Articles proposed and in the premises willing you not to fail we bid you farewell Newmarket the 6 of December 1616. In a postscript to the same letter it was said So many Bishops as you can get warned in time to preach at their Seas on Christmas day urge them to it Thus much in haste for this time after two or three daies ye shall hear further from us With his Majesties own hand after all was written Since your Scottish Church hath so far contemned my Clemency they shall now find what it is to draw the anger of a King upon them This letter was directed to the Archbishops of S. Andrews and Glasgow the other which followeth to S. Andrews him alone After we had commanded the dispatch of our other letter we received an extract concluded we know not how in your Assembly and subscribed by the Clerk thereof The one concerning private Communion and the other concerning the forme to be used at the receiving of the holy Sacrament both so hedged and conceived in so ridiculous a manner as besides that of the whole Articles proponed these two were the least necessary to have been urged and hastned The scornfull condition and forme of their grant makes us justly wish that they had been refused with the rest for in the first concerning the Communion allowed to sick persons besides the number required to receive with such patients and a necessity tying them upon oath to declare that they truely think not to recover but to dye of that disease they are yet further hedged in with a necessity to receive the Sacrament in case foresaid to be ministred unto them in a convenient room which what it importeth we cannot guess seeing no room can be so convenient for a sick man sworn to dye as his bed and that it were injurious and inhumane from thence in any case to transport him were the room never so neat and handsome to which they should carry him And as to that other Act ordaining
the Minister himself to give the Elements in the celebration out of his own hand to every one of the Communicants and that he may performe this the more commodiously by the advice of the Magistrates and honest men of his Session to prepare a Table at which the same may be conveniently ministred Truly in this we must say that the Ministers ease and commodious sitting on his taile hath been more lookt to then that kne eling which for reverence we directly required to be enjoyned to the receivers of so divine a Sacrament neither can we conceive what should be meant by that Table unless they mean to make a round Table as did the Jews to sit and receive it In conclusion seeing either we and this Church here must be held Idolatrous in this point of kneeling or they reputed rebellions knaves in refusing the same and that the two foresaid Acts are conceived so scornfully and so far from our meaning it is our pleasure that the same be altogether suppressed and that no effect follow thereupon So we bid you farewell Newmarket the 11 of December 1617. These letters were accompanyed with another to the Councell for inhibiting the payment of Stipends to any of the rebellious Ministers refusers of the said Articles either in Burgh or Landwart till they shew their conformity and that the same was testified by the subscriptions of the Primate or ordinary Bishop Which letters being shewed to the Ministers of Edinburgh and others that happened to repaire to that City for augmentation of stipends did cast them into a great fear and repenting their wilfulnesse as they had reason became requesters to the Archbishop of S. Andrews to preach as he was commanded on Christmas day at Edenburgh trusting his Majesty should be mitigated by his obedience and intercession for the rest Neither did he fail to use his best means for diverting the King from these rigorous courses and after a little time so loath was his Majesty to exerce any rigour against Ministers obtained a warrant for staying the execution of the former letters till their behaviour should be tried in the particular Synods and their disposition for accepting the Articles Mr. Archibald Sympson who all this while remained prisoner in the Castle of Edinburgh hearing that the King was so greatly displeased did supplicate the Lords of his Majesties Commission by whose command he was committed for liberty promising not to fall again in the like errours and professing a great sorrow for his medling with the Protestation as likewise for writing that letter wherein he had taxed the Church of England Being brought before the Commission after he had set his hand to his supplication he was permitted to return to his charge at Dalkeith Yet ere many days passed finding the countenances of the holy brethren cast down upon him he dispersed an Apologetick as he entituled it wherein making a gloss upon every word of his confession he concluded that whatsoever weakness or frailty had befallen him he hoped to be like Peter qui ore negavit corde confessus est and never to betray the Lords cause with Iudas This I have remembred by the way to make the humours of these men seen and the small regard they take of saying and gainsaying when it maketh for their purpose But to proceed the Bishops upon advertisement given them convened at Edinburgh the 29 of Ianuary and considering the hurt that the Church might receive if the Commission granted in Parliament for provision of Ministers which was to expire at Lambmas next should take no effect did by a common letter intreat his Majesty for a warrant to proceed in that Commission giving hopes that in their Synods they should induce the Ministers to obey The answer returned in February next was to this effect That howbeit his Majesty did interpret well their doings as intended to the good of his service yet considering the obstinate resistance of the Ministers to all his just and religious desires he could not expect any thing from them in their meetings but a further expression of their former misbehaviour Nottheless as he had once already upon the Archbishop of S. Andrews his intreaty suspended the execution of his last directions so at their requests he was pleased that the Commissioners for Stipends should meet and go on with the providing of Churches they in the mean time in their own persons and in their own Cathedralls observing the festivities that should intervene between and the Synods and ministring the holy Communion with the reverence required at the feast of Easter next Thus were maters pacified for that time and the Commission for augmentation of Stipends by the warrant of this letter put in practise Most of the next summer was spent in that work but with greater detriment then benefit to the Church for what augmentation soever was granted the same was recompensed to the givers by prorogation of their former leases for numbers of years and thereby the Church more damnified then bettered In the Synods all things were carried with reasonable quietness so as upon the Bishops humble requests licence was granted for meeting in a generall Assembly and the same indicted at Perth the 25 of August The Lords Hadington Carnegy and Scone were Commissioners in this Assembly for the King who upon the end of the Sermon presented his Majesties Letter conceived as followeth We were once fully resolved never in our time to have called any moe Assemblies here for ordering things concerning the policy of the Church by reason of the disgrace offered unto us in that late meeting of S. Andrews wherein our just and godly desires were not onely neglected but some of the Articles concluded in that scornfull manner as we wish they had been refused with the rest yet at this time we have suffered our selves to be intreated by you our Bishops for a new Convocation and have called you together who are now convened for the self same business which then was urged hoping assuredly that you will have some better regard to our desires and not permit the unruly and ignorant multitude after their wonted custome to oversway the better and more judicious sort in evill which we have gone about with much pains to have had amended in these Assemblies and for that purpose according to Gods ordinance and the constant practise of all well governed Churches we have placed you that are Bishops and overseers of the rest in the chiefest rooms You plead much we perceive to have things done by consent of Ministers and tell us often that what concerneth the Church in generall should be concluded by the advice of the whole neither do we altogether dislike your opinion for the greater is your consent the better are we contented But we will not have you to think that matters proponed by us of the nature whereof these Articles are may not without such a generall consent be enjoyned by our authority This
constitutions for the profit and good of the Countrey as in the Acts imprinted may be seen At the closing of the Parliament which was the fourth of August such abundance of rain with such thunderings and lightnings did fall as the Noblemen and others of the Estates were compelled to leave their horses and betake them to their Coaches which the factious sort did interpret to be a visible sign of Gods anger for ratifying the Acts of Perth others in derision of their folly said that it was to be taken for an approbation from heaven likening the same to the thunderings and lightnings at the giving of the law to Moses This was the last Parliament of King Iames in this Kingdome and that wherein he received greatest content for the Puritan faction had boasted that the Acts of Perth should never pass in a law so confident they were of their favourers in the Parliament house and now that they failed in their hopes he trusted they would become more wise But the King no less carefull to have the Acts obeyed then he was to have them pass in a law did commend the same by two severall letters to the Bâ—shops and Lords of the Councell To the Bishops he said That as they had to do with two sorts of enemies Papists and Puritans so they should go forward in Action both against the one and the other That Papistry was a disease of the minde and Puritanisme of the braine and the antidote of both a grave settled and well ordered Church in the obedience of God and their King whereof he willed them to be carefull and to use all means for reducing those that either of simplicity or wilfulness did erre In his letter directed to the Councel he put them in minde of that he had written in his Basilicon dorâ—n That he would have reformation begin at his own elbow which he esteemed the Privy Councel and Session with their members to be as having their places and promotions by him Therefore commanded them and every one of that number to conform themselves to the obedience of the orders of the Church now established by law which he trusted they would readily do otherwise if any Counsellor or Sessioner should refuse and make difficulty he did assure them that if within 14 dayes before Christmas they did not resolve to conform themselves they should lose their places in his service And if any Advocate or Clerk should not at that time obey they should be suspended from the exercises of their offices and the fees and casualities thereunto belonging unto such time as they gave obedience In the same letter he willed the Councell to take order That none should bear office in any Burgh nor be chosen Sheriffe Deputy or Clerk but such as did conforme themselves in all points to the said orders This letter was of the date At the Honour of Hampton the 29 of September 1621. By this may the Reader judge of that which hath been commonly affirmed That the Nobleman who was Commissioner should have promised at the passing of the Acts that none should be pressed with the obedience of them but all left to their own pleasures That his Majesty gave no such warrant it appears by the foresaid Letters and that the Nobleman would go an inch from that he was trusted with none that knew will believe The truth is that in most perswasive words and with that majesty which became the place he represented he did require them all to acquiesce and willingly obey the conclusions taken and not to draw upon themselves by their disobedience his Majesties anger assuring them in that case that his Majesty should not in his daies presse any more change or alteration in matters of that kinde without their own consents And this was all the Nobleman spake as divers yet living may remember In the beginning of the next year the Chancellor died at his house of Pinky neer to Mâ—silburgh in a good age and with the regrate of many for he exerced his place with great moderation and to the contentment of all honest men he was ever inclining to the Roman faith as being educated at Rome in his younger years but very observant of good order and one that hated lying and dissimulation and above all things studied to maintain peace and quietness Sir George Hay Clerk of Register being then at Court was preferred to the place and by his dismission Mr. Iohn Hamilton brother to the Earl of Hadington made Keeper of the Register About this time upon advertisements sent from England of the enlargement of certain Priests and Papists that were there imprisoned a rumour was dispersed that the King was inclining to a toleration of Popery and would grant liberty of conscience This rumour was increased by occasion of certain directions sent from the King to the Bishops of England for reforming certain abuses crept into the Church whereby the Preachers and Lecturers were commanded on Sundaies and Holy-daies in the afternoon to teach the Catechisme only or then some text taken out of the Creed the ten Commandements or Lords Prayer and in their preaching to abstain from handling the deep points of Predestination Reprobation Election the universality efficacy resistibility or irresistibility of Grace leaving these themes as fitter for the Schools then for simple auditors as likewise not to presume in any Lecture or Sermon to limit and bound by way of positive doctrine the power prerogative jurisdiction authority or duty of soveraign Princes or to meddle with matters of State having reference betwixt Princes and people otherwise then they were instructed and presidented in the Homily of Obedience and others of that sort set forth by publick authority These directions were interpreted to be a discharge of preaching at least a confining of Preachers to certain points of doctrine which they called a limiting of the Spirit of God and as people will ever be judging and censuring publick actions every one made the construction whereunto their humours did lead them The better and wiser sort who considered the present estate of things gave a farre other judgment thereof for as then the King was treating with the French King for peace to the Protestants in France and with the King of Spain for withdrawing his forces from the Palatinate at which time it was no way fitting that he should be executing the rigour of his laws against Papists at home while he did labour for peace to them of the Religion abroad the most likely way to obtain what he did seek of these Princes being a moderation of the severity of laws against Priests Papists at least for a time And as to the directions given to the Preachers the same they judged both necessary and profitable considering the indiscretion of divers of that sort who to make ostentation of their learning or to gain the applause of the popular would be medling with controversies they scarce understood and