learn from P. Soave in Hist Concil Trident. lib. 2 5. In ancient times by frequent incursion of enemies or in time of Pestilence it came to pass that when the Teachers died Successors could not be had in a short space and lest the People should be destitute of a Spiritual Ruler the chief Prelates of the Province or some neighbour Bishop did commend that Church unto some Minister until these lets were removed and a qualified Minister might be had that besides the charge of his own flock he would also help the other as he might and in the mean time he had no power of the Benefice but only to preserve it But afterwards these Commendataries pretending necessity and difficulty had power to meddle with the Benefice and then being delighted with the Benefice they would pretend some lets why another Minister was not needful and so they retained both Benefices to the prejudice of both flocks For remedy of this malady it was provided that a Commenda should not continue above six moneths But the Pope by the fulness of his power would grant it for a larger time yea during the Commendatarie's life especially when Acts were made against plurality of Benefices So they would keep the words of the Act but do contrary unto the sense thereof since a Commenda during life is all one with a title Yea not only would the Pope give one Commenda but more at his pleasure and then the style was changed For whereas at first the words were That the Church in the mean time may be rightly and orderly admonished we do commend it unto thee then they said That thou mayest administrate thy estate and condition the more decently we commend this Church unto thee And which is yet worse the Pope would give unto the Commendatary a power to dispose the Benefice after his death yea and such Commendataries were exempted from subjection unto the Bishop and he had no power over them whereby it came to pass that the Roman Courtiers were desirous of no Benefices but by way of Commenda and not by way of Title because upon this account they were subject and upon the other they were absolute without any tie of looking after the flock nor edifices belonging thereunto but only unto their own benefit and will And the number of such Commendaes turned to such abuse saith the same Author that when all men were calling for a Reformation Pope Clemens the VII in the year 1534. was not ashamed to give unto his Nephew Hippolitus Medices a Cardinal a Commenda of all the Benefices throughout the World both Secular and Regular both Dignities and Rectories for the space of six moneths after the day of his possession with power to dispose of all their fruits at his pleasure By which irregularity as wickedness may be thought to have come to the highest pinacle so in former ages saith he such a number of Commendaes was not known when the Church of Rome durst not seem so shameless And yet even then to cover the plurality of Benefices they had another trick which in ancient time was devised for the good of the Church The union of Benefices At first if any Church was any way robbed of its Benefice what was left was bestowed with the care of souls on a neighbor and both the Parishes were accounted one But by the craft of Courtiers it came to pass that without respect of souls many rich Benefices were united and by this means plurality of Benefices were covered if in favors of a Cardinal 30. or 40. Benefices were united even though in divers Nations Whence arose many inconveniencies because the number of Benefices was diminished and what favor was bestowed upon one person was also communicated unto his Successor though not so deserving nor craving it so that the Court and Chancellary was damnified Therefore it was provided that the Pope may unite so many Benefices as he thinketh expedient yet so that after the death of him in whose favor these are united the union shall be null and the Benefices shall be in their former condition and so the Chancellary did retain their gain of disposing many Benefices That Author speaketh thus of these Commendaes and Unions generally in all parts whereby it appeareth that the care of souls was altogether neglected But our History sheweth yet more abuses for some did obtain at Rome an Abbocy Restraint of the Pope's power in dispensing Benefices and other Benefices and had power to exact Taxes or Pensions from Prelates and Clarks and Parsonages were annexed unto Bishopricks or unto Abbocies Therefore in the year 1471. an Act of Parliament was made by King James the III. that because innumerable riches were carried out of the Realm by such means the purchase of Abbocies and other Benefices should be null if they were never at the Court of Rome before but such places should have free election And that no Subject spiritual or temporal take upon him to be Collector unto the See of Rome of any higher or greater taxation but as the use and custom of old was before in the old taxation of Bagimont And that there be no union nor annexion made in time to come to Bishopricks Abbocies nor Priories of any Benefice nor that any such union made lately nor since the present King received the Crown be of any strength or effect nor be suffered but the said Benefices shall return to the first foundation all under pain of Treason And in the year 1481. it was provided by the same King and Estates that no person should purchase Commission from the See of Rome to be preferred unto any Benefice vaking even though the See of the Benefice be vacant for the time These Acts were renewed by King James the IV. in the year 1488. with this addition If any person spiritual or temporal shall maintain or defend such purchasers of Benefices after it is declared to be of the King's patronage shall also be guilty of Treason But in the year 1493. it was ordained that all Prelacies Abbocies Priories and other Benefices should be disposed as they were in the time of King James the I. and that no person attempt to purchase any Benefice from the Court of Rome under pain of proscription and banishment The next year an Act was made that because still some did go to Rome for purchasing of Benefices which may be preferred and given within the Realm and also brought novelties and innovations into the Church without advice of the King for remedy hereof no Subject shall go out of the Countrey until the spiritual persons intimate the cause of their passing unto their Ordinary and that spiritual and temporal persons shall shew unto the King or his Chancellor the cause of their passing and obtain licence under the pain of Treason Conformable to this practice Richard Cawdray Proctor in the name of King Henry the VI. King of England protested by publick instrument that whereas the King and
Worde and celebration of the Lords Supper according to the first Institution These were all apprehended and carryed in carts into Paris where they received Sentence of death and being sent back 14. of them were burnt in one fire and the rest were whipped and banished These went into sundry Provinces and ceased not to glorify God by preaching the Truth namely Pharonus Manginns Petrus Bonuspanis c. Afterwards this Peter with other twell were burnt at Paris Jo. Fox in Act. mon. When King Francis The persecution is stopped for a time was sick unto death he repented of his cruelty and many write saith Thuan. loc cit that he advised his son Henry to try the injuries done by the Senate of Aignes against those of Piemont and he sent order unto that Senate to apprehend John a Monk and put him to an Assise that man had devised a new kinde of torment to wit he caused the Waldenses put their legs into boots full of seething tallow and in derision asked them If they were ready to ride When the Monk heard of this Mandate he fled into Avenion and within few days he was so tormented with ulcers that he wished death King Henry II. loved not Cardinal Turnon and such cruel persecuters So the Merindolians and other Waldenses gathered again and by advice of the Duke of Guise Aumalius presented unto the King their complaint against the iniquity cruelty of the Senate of Aignes and they did humbly beseech that their cause might be once heard and examined It had some beginning in the great Counsel as they call it but the King brought it to the high Parliament of Paris there the matter was debated publickly fifty dayes with great vehemency by Ja. Auberius for the Waldenses and Peter Robert for Aignes and Dion Riantius the Kings Advocate When the complaint and many cruelties were read all the hearers conceived hope of redress The event was only Guerin Regius Patronus one of the cruellest persecuters and having no favour among the Courtiers was beheaded and Miniers died as is said before Little was done publickly for Religion in France untill the year 1553 then many suffered at Lions and Paris among whom were Martialis Albus and Petrus Scriba who had been sent from Bern in Helvetia to preach the Gospell and before they had done any thing they were taken at Lions and the King would not spare them for the intercession of Bern. Thuan. lib. 12. XLIII Charles Cardinal of Lorrain intending toward Rome would do some thing to gratify the Pope therefore he persuaded the King to Persecution is renewed publish an Act commanding all Presidents to prosecute without any delay all censure of the Church against Lutherans The Senate of Paris answered unto the King that four years before he had caused it to be acted that according to the custom of his Ancestours who were all defenders of the Religion and liberty of the Church the power of life or death for Religion should be reserved unto the King but by this Act he loseth his priviledge and forsakes his servants and subjects and commits their fame goods and persons unto the pleasure of the elergy who by their severity in these years by past had not amended any errours but rather have exasperat the people and therefore it were more reasonable to commande the Bishops and priests to instruct their flocks in the worde of God more diligently either by themselves or by qualified Vicars and in time coming to promote only sufficient Pastours who have no need of Vicars Thuan. lib. 16. In the year 1557. Septemb. 4. a great number assembled in a private house of S. Jacques striet to hear the Worde and receive the Lords Supper in the night because they had not liberty in the day The multitude conveened in the nighour houses with weapons and stones to throw at these people in their outcoming they who came forth first were killed with stones and others taking courage upon necessity drew their swords and came forth all save to one saith Thuan. lib. 19. The author of the French Commentaries lib. 1. writs that the believers seeing that they were compassed on every side by the furious multitude had small hope to escape but some finding a way made open through a gate which was a singulare providence for the savety of many after they had returned to their prayers escaped by flight withour harm even as if God himself had gone before them Both these authors say that the women and weaker people about the number of 120 were taken by the Inquisitor saith Thuan and the other saith by the Magistrate and hurried into prisons and then burnt among whom were Nic. Clivius a Schoolmaster in Paris in the 60 year of his age Taurin Gravella in Senatu Patronus Nic. Cevius a Physicion and some Noble women Diverse reports were spread of this assembling the Monks preached that the Lutherans meet in the night without any light to fulfill their lusts the mother spared not to ly with her sone ..... their cloaths were found with the marks of such filthiness they killed their infants c. These things were reported unto the King but uncertainly yet none durst contradict them lest he were challenged to be of the same sect Thuan. Ibid. and the mindes of many did boile against them so that he was called the best man who could devise the means of their destruction The Protestants wrote an Apology shewing the falshood of those calumnies even as the like were imputed unto the antient Christians as is clear by undoubted testimonies and histories to the end Kings and Princes may be moved to hate them and now these are published by enemies of the Trueth to the end they may enjoy other mens goods which they have catched wickedly and therefore they humbly pray that the King would be pleased to try their cause c. French Commen lib. 1. They found means to lay this book in the Kings bedchamber and so be brought into his hands Antonius Demochares an Inquisitor and Ro. Cevalis Bishop of Aurincae wrote an answer unto this Apology but none durst reply because the Kings ears were so solde unto the impudent accusations of the Bishops and Cardinals and he sent the President Julianensis commanding all hereticks or Waldenses as they called them to submit themselves unto the Bishop of Rome in all points of Religion or to want lands and lifes The Reformed with humble answers appeased the minds of The Commissioners Osiand epitom hist cent 16. lib. 3. c. 26. The Princes of Germany and the Swisers sent unto King Henry entreating for those miserable men professing the same Religion with them In the mean while Philip King of Spain was entred into Picardy and had taken Sanquintin and other places so that Henry had need of aid from these Intereessors and did bear with the slackness of his Comissioners Thuan. loc cit In the same year it was ordained by King Henry that there should be
Alex. Arbuthnot and James Lowson are appointed to consider of an order therein and to report their judgement 2. The first part is agreed unto and where are no Presbyteries the Commissioners are to continue for that effect as before 3. The Church hath named Commissioners 4. Ordaines to advise with the Clerk-Register upon an answer unto the Kings Letter 〈◊〉 5. Referreth the form to be conceived in writ by David Lindsay and Patrick Adamson betwixt eicht and nyne 6. It is agreed to be propounded The 7. is referred to the particular elderships and whensoever disputations may be had the Church thinks them good 8. The Acts of the assembly should be put into execution by the Presbyteries 9. Ordaines this article to be craved being first well qualified and so the 10. and 11. and 12. and also that the Church proceed against the violaters of the sabboth day and mantainers of them The 13. 14. are agreed 12. Because by the many divisions and deadly feades in all quarters of the realm not only is the word of God and true religion burdened with slanders but the Common wealth is enormly wounded and all good disciplin and order confounded ....... herefore the assembly enjoyneth certain persons in severall places to travell earnestly for reconciling the differing parties and to require them in the name of God to live in unity and peace as it becomes the members of one body ....... as they wold shew themselves sons of peace 13. The assembly gives commission to two Barons seven Commissioners of burghs and the Ministers of the Kings house and of Edinb with Ro Pont Da. Lindsay Pa. Adamson An. Melvin and seven others or any eight of them To present unto the Lords of the Artâ—cls of the Parliament such heads as shall be given unto them by the Church these heads and a supplication unto the King were read and allowed but are not in the Register only in Sess 22. ordaines a supplication to the King and Lords of the Articles that no Act be past in Parliament repugnant to the true word of God and namely concerning Bishops The Parliament began at Edinburgh October 24. where first was an Act ratifying all former Lawes and Acts made â—or the liberty of the true Church and religion presently professed within the realm and a particular enumeration of these Acts another Act for provision of Ministers and certain stipends for them at all parish-churches one against the dilapidation of the rents of Benefices that are provided to Ministers one that all Benefices of cure under Prelacies shall be given to Ministers only and all other gifts of them to be null one against blasphemy and oaths with penalties according to the quality of severall trausgressors one against them that passe in pilgrimage or superstitiously to wells chapells and crosses and the observers of papisticall rites one for explication of the Act against notorious adultery to wit it shall be judged notorious adultery where children one or mo are procreat betwixt adulterers or when they keep company bed together notoriously known or when they are suspect of adultery and thereby give slander and thereupon being duly admonished to abstain and satiffy the Church by repentance or purgation and contemptuously refusing are excommunicat for their obstinacy all and every one being in any of these three degrees are made lyable to suffer death Another Act was against all Papists practizing against the true religion by dispersing libels in praise of the Pope or seducing the people c. Observe 1. That in all time preceeding was no opposition or variance betwixt the King and the Church In the assemblies the Kings Commissioners consented unto their Acts and namely unto these concerning the Policy of the Church excepting that part de Diaconatu whereunto neither did all the Ministers consent and his Commissioner did consent unto the registring of the book of Discipline in the Register of the Assembly and the King appointed Commissioners to concur with the Deputies of the Assemblies in the constitution of Presbyteries before the framing and publishing of the second Confession of faith as at that time was not a Bishop in the church who was not subject unto the assemblies and presbyteries yea and they were emploied as deputies to procure and supplicate against the power of episcopacy But neither could the book of disciplin be established nor episcopacy be forbidden by Act of Parliament not for any respect of discontent against the book of disciplin or for any intention to restore episcopacy in the Church but meerly upon account of Civill interest and the main respect was the securing of possessions depending upon the title of Bishops 2. Observe that the first variance between the King and the Ministers was upon respect unto the Duke of Lennox and that was for two particulares one that when the Duke came into the country many Papists came also into the Country and Court and began to practize so that as Bishop Spotswood in The History Pag. 308. shewes the Papists assembling together in Paisley did in derision sing a Soule masse for the Ministers as if they and their religion had been utterly gone Wherefore the Ministers in their Sermons did regrate the countenance given to Papists in the Court and the dangers whereinto both the King and countrey were brought by the secret practises of the French John Dury and Walter Balcanquall were summoned to answer before the Counsell for this their liberty of speaking in their Sermons they obey and compear and alledge that the Counsell was not their Judge in such a cause The matter being notoriously known and regrated by many the Ministers were dismissed at that time In time of the Assembly as is before Walter Balcanquall had spoken again to the same purpose and when the gentle man was sent unto the Assembly but would not be the accuser and the Assembly would not proceed against the Minister without an accuser the King was not wel-pleased but knowing the difficulty to find an accuser would follow the business no more The other particulare is related in the now-named History Pag. 316. The See of Glasgow being then void it was suggested unto the Duke by some flatterers that he had a fair occasion presented to make himselfe Lord of the City and of the lands pertaining to that bishoprick if he would only procure a gift thereof to some one that wold make a disposition thereof to him and his heirs The offer was made to sundry Ministers who all refused because of the required condition at last the agents in this business fell upon Robert Mongomery Min. at Sterlin he was content to accept it Thereupon a gift was formed and a Bond given by him that how soon he shall be admitted Bishop he should dispone the lands Lordship and whatsoever belongs unto that prelacy to the Duke and his heirs for the yearly paiment of a thousand pounds Scots with some horse-corn and poultry The Assembly hearing of this bargain do charge this
that time the Civill estate was more and more troubled for they who in the convenion of Estates Oct. 8. year 1582. vvere declared to have don good necessary Service unto the K. and Country and they with all their partakers were exonered of all action that might be intended against them for what they had done at Ruthven these I say aâ—ter Arran's returning to Court were charged to enter into warde particularly designed unto them This they obeyd not except the Earle Auguise and therefore were denounced rebells and when harder course was intended against them they fled some to England others ro France and some to Irland The Ministers were not silent at this time Among others John Dury said in a Sermon As the blind man whose eies Christ had opened Joh. 9. when the the pharisies said Wee know this man to be a sinner did reply Whither he be a sinner I know not one thing I know that though I was born blind yet now I see So whatsoever sort of men these be I knowe not but this I know that the Church was misetably vexed and almost oppressed but by theyr meanes it was delivered For these words likely otherwise delated he was summoned to compear before the Counsell he stood to the defense of what he had spoken and therefore he was confined in the town of Montros soon after this the Min. there died and the Church made choise of Jo. Dury to succeed then the King gave him and his eldest son enduring their lifes a pension of 200. pounds out of two Abbeys There was more work with Andrew Melvin in a Sermon as Santadr he said Daniel propoundes unto Baltazar the example of his grand father Nebuchadnezar and so it is the duty of the Ministers of God to lay before the Prince and people of their time the examples of their ancestors if need require But in our time if any would speake before the Court what evill came unto James the fifth by familiarity of flatterers that so the King would take heed of that kind of beasts they will say That preacher leaves his text and possibly he shall be accused of treason For these words he was charged to appeare before the Counsell He appeares and when worse words were layd unto his charge he said His doctrin in pulpit should first be tryed and judged by the Presbytery He was bidden submit himselfe unto the King and Counsell by no persuasion could he be induced to submit The K. and Councell as his lawfull Judges proceed to examine witnesses He appeales unto the judgement of the Church and saith If the Church shall condem what he had spoken he shall willingly suffer whatsover torment shall be inflicted on his body At eight a clock at night he is charged to enter as prisoner into the castle within twelve hours In the morning Arran changeth his warde and before seven a Messinger of armes chargeth him to enter into Blackness withim 24. hours at that time his friends said to him They would take his life â—efore mid-day he went away to Berwick After this summons were directed against Andrew Hay Andrew Polwart Patrick Galloway and Ja. Carmichel Ministers to answer before the Counsell for keeping correspondence with the rebells An. Hay compeares nothing could be qualified against him but upon suspicion he was confined in the north The others for not compearing were denounced rebells and fled into England XXI What Pa. Adamson did in England we shall have a hint of it anone 1584. The Current Parliament he returned in May year 1584. by Act of Counsell a Parliament was appointed to sit May 22. Because there was no proclamation preceeding they called it A current Parliament The Historicall Narration saith They who were privy to it were of Arrans faction or such as durst not oppose any thing the Lords of the Articles were sworn to be secrete they had fyve Sessions in three daies the doores were keept so closse that none of the Ministry could find accesse Pa. Adamson and Ro. Mongomery sat as representing the third Estate and gave votes forsooth to make themselves Bishops The King and Parliament suspecting that the Ministers of Edinb would preach against their proceedings sent a charge unto the Provest and Bailives to pull the Ministers by force out of the pulpit and committ them to prison if they did so What was done in the Parliament appeares by the Acts Spotswood hath the sum of them saying The King's authority over all persons in all causes was confirmed The declining of his Ma s 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 was inhibited under the same pain All jurisdictions and judicatures spirituall or temporall not approved by his Higness and the three Estates were discharged and an ordinance was made that none of whatsoever function quality or degree shall presume privatly or publickly in Sermons declamations or familiar conferences to utter any false untrue or slanderous speaches to the reproach of his Majesty his Counsell and proceedings or to the dishonor hurt or prejudice of his Highness his parents progenitors or to medle with the affaires of his Hi. and Estate under the paines in the Acts of Parliaments made against the makers reporters of lies While these statutes were in framing the Ministers who were informed thereof sent David Lindsay to entreat the King that nothing should passe in Act concerning the Church till they were first heard Arran getting intelligence of this caused arrest him as one that keeped intelligence with England and he was not permitted to come unto the King The first night he was keept in Halirudhouse and the next morning sent prisoner to Blackness where he was detained 47 weeks Ja. Lowson and Wa. Balcanquall Ministers of Edinburgh hearing that he was committed fled into England leaving a short writing behind them to shew the reasons of their departing So Edinburgh was left without any preacher Ro. Pont Minister of S. Cutberts and one of the Senators of the Colledge of justice because of the misregarde of the Church as he pretended in concluding these Acts when the Heralds were proclaming them took instruments in the hands of a Notary of his dissenting and that they were not obliged to give their obedience thereunto Which done he likewise fleeing was denounced rebell and put from the place in Session Hereupon rumors being dispersed that the King was enclined to Popery had made diverse Acts to hinder the free passage of the Gospell and abolish all order and policy of the Church Command was given to form a brief Declaration of his Ma s intention and to publish it for detecting these false rumors In this declaration the occasion that enforced the King to make these statutes were set down as the allowance of the fact at Ruthven by the Assembly of the Church Andrew Melvins declining the
within this realm And seeing we are called before your L. L. to hear and see it found and declared that we have very contemptuously conveened and Assembled ourselves in a generall Assembly at Aberdien the first tuysday of July last and therefore that Assembly to be declared unlawfull as at more length is contained in the summons Wee in confideration of the premisses and other reasons to be given by us have just cause to decline your L. Ls judgement as no way competent in the cause above specified and by these presents simpliciter decline the same seing we are most willing to submit ourselves to the tryall of the generall assembly the only Judges competent By these presents subscribed with our hands October 24. And it was subscribed by all the fourthien They were nevertheless required to answer unto the summons and they did answer for clearing themselves but with protestation of adhering to their declinature In summa they declare that they had done nothing but according to an Act of Parliament in the year 1592. and they offred to disprove the indorsation of the charge and whereas their declinature was taken in ill part they do acknowledge themselves willing to submit unto the judgement of the Counsell in any matter wherein any other subject ought to submit neither is it a new thing to decline their judgement in some cases seing there is extant a declinature subscribed by moe then 300. Ministers and namely by some of these who now are their greatest adversaries And it it usuall unto the subjects in some Civill causes to decline the judgement of the Counsell and to take them unto the judgement of the Lords of the Session or of the Justice generall or even of a Regality They were sent to their severall prisons and Robert Youngson who that day had joyned with them confessing his trouble of conscience for his former oversight was imprisoned in Sterlin After that time they published an Apology wherein they enlarged their answers and the reasons of their declinature whereof a touch followes and in end they say Let it be supposed that it was an offence to hold the Assembly yet it should not be imputed unto them particularly but unto the presbyteries unto whom the Letters of the generall Commissioners were directed and who had ordered them to go and keep the Assembly and afterwards had approved their proceedings Notwithstanding all their allegations John Forbes John Welsh Robert Dury Andrew Duncan Iohn Sharp and Alexander Strachan were brought by the Guard from Blackness to Lithgow to be arraigned January 10. before the Counsell of treason because they had declined the Counsell It was said commonly that the extraordinary discovery of the powder plot at London would have moved the King to desist from troubling Ministers either in England for their not conformity unto the rites or in Scotland for standing to their ratified liberty when all the churches were required to give thanks unto God for that Benefit But the Earle of Dunbar was sent from Court to manage that business Ere the Ministers were brought to the Bar some Counsellers were sent unto them to move them take up their declinature After advice with some other Ministers there present they answered They would take up the declinature if the Counsel would delete the process and decreet standing against them The Lords replied The Counsell could not annull their decreet which was registred Others were sent unto them again to advise them to pass from the declinature pro loco tempore assuring them that the Counsell would pass from all process persute They would not answer without advice of their Brethren who were there about thretty and then they answerd The testimony that was given could not be recalled without prejudice of the Trueth And they craved licence to advice with their own presbyteries upon caution that they shold return into prison This was denied All that number of Ministers accompanied the imprisoned unto the Bar about one a clok There were present in the Counsell the Earles of Montrose Dunfernlin Chancellor Mar Lithgow Dunbar and Lords Glams Elphinston Abercromy Scoon Balmerino Newbotle Tullibairn Blantyre Haliroodhous and Barons Whittingam Pennicook Clerkinton Murdo-Cairny Kilsyth and Master of Elphinston to assist the Justice Deput as Assessors in the cause Sir Thomas Hamilton the Kings Advocat compeared to accuse The Dittay was read importing their treasonable declinature of the Royal authority grounded upon an act of Parliament in the year 1584. I omit the particular aggravations because they may be known by the answers The substance of their defence by their Advocat Thomas Hope afterwards the Kings Advocat and Lord Craig-hall was The declinature is not against either the title nor intention of the law which was made only against such as derogat from the K. royall authority but this declinature left his authority fully The law served only against such as were summoned super inquirendis but these were accused and committed to prison for a deed or action Their declinature was propounded by way of defence and therefore can not be accounted treason The law naming the penalty of treason is odious and therefore should not be enlarged but rather restrained That which is treason in a case expressed may not be extended unto other cases not expressed That law judgeth not such a case to be treason but only forbids such a thing under the pain of treason The act bearing only the incurring of treason the penalty can never be justly inflicted unless the fact be found treasonable by law But no law defineth the declinature of an incompetent Iudge to be treason Neither did these decline the Kings judicatory simply but the Counsels and that only in this and and such causes They were ever and yet are content to be judged by his Majesty and the Generall assembly seing according to God's Word and the lawes of the realm which have distinguished the Civil and Ecclesiasticall jurisdictions the matters of the Church should be judged and cognosced by the Church and it's assemblies which were aswel ratified confirmed by the lawes of the countrey as any other Iudicatory To judge of the lawfuldess or unlawfulness of a gen assembly belongs unto a generall assembly and hath been the practise of our Church even when his Majesty was present as the Assembly at Perth in the year 1596. was controverted notwithstanding his Majesties presence at it and then he was so far from judging the lawfulness of it by himself or his Counsell that in the next generall Assembly at Dundy he did require the question to be decided there as properly pertaining to that Judicatory It hath been lawfull and in continuall practise that his Majesty and Secret Counsell have in sundry causes been declined and the cause drawn to the ordinary and competent Judge as in matters Civill unto the Session in matters criminall unto the Justiciary matters of divorce unto the Comissaries yea the meanest Regalities have power to decline suprem
to his charge seeing no Pagan King hath attempted that against the See Apostolique which he hath not been ashamed to do Hence it appeareth that the Popes were always busie to seek their advantage in troubled waters and sometimes with little speed Whereas before the Sheriff and Bishop kept their Court together King William gave unto the Bishops an entire jurisdiction by themselves to judge all causes relating to Religion This was the first Spiritual Court in England and henceforth the Spiritual Power began to transcend the Secular Courts CENTURY XII CHAP. I. Of EMPERORS 1. HENRY V. after the death of his father inviteth Pope Paschalis to Contentions betwixt the Emperor and Popes come unto Ausburgh for redressing some former tumults Now Paschalis becometh the more haughty and in the way assembleth a Synod at Guardistella where preveening the Diet at Ausburgh he reneweth the Acts of Pope Gregory VII concerning the Investiture of Bishops he setteth up and putteth down Bishops at his pleasure because said he in the casket of the Roman high Priests breast all Laws are contained and now men must speak more considerately with him and account all his words as Laws whatsoever dare lift up it self against the high Priest must be beaten to dust This was strange news unto the Emperor who was confident that the Pope would make no novations without his advice Paschalis got intelligence of this disgust and therefore stayed his journey and appointeth another Synod at Treca intending to accurse the Emperor The Emperor preventeth him and assembleth a Synod at Mentz for staying the Pope's attempts In the mean time Paschalis requireth oath of all the Bishops assembled at Treca that they shall continue constant with the Roman See and he excommunicateth particularly and by name all the Bishops at Mentz On the other side Henry alledgeth that the Scepter was come into his hand from God and therefore according to the custom and Laws of his Ancestors he would not suffer the prerogatives of the Republique to fail in his person but these Popes think on nothing but the ruine of the Empire and the drawing of Christian people under their yoke they had deceived him in his rude and tender years in setting him against his dearest Father and now they conspire against himself nor will they stay their ambition until they have robbed all others of their dignities and honors These and other reasons he caused to be published and concluded thus Albeit I be able both by right and arms to defend all these customs that have been established by so many holy Fathers and maintained through so many ages yet I would willingly acquit my self of the Papal Synods if Monks Priests and Bishops would restore unto me the sinews of the Empire to wit the Revenues Cities Towns Regalities Castles and in a word give unto Caesar what appertaineth unto Caesar and they remain contented with their Tithes serving God and caring for his people Paschalis demandeth that the whole matter continue undiscussed till the next year 1110. and in the mean time that there be no innovation that is the Emperor shall meddle with nothing then in controversie The next year Henry goeth with 30000. horse besides Italians towards Rome wheresoever he came he was received as Emperor At Sutrio the Legates of Paschalis shew him that the Pope is willing to Crown him if he will establish the Liberties of the Church discharge all Laick Investitures and take from the Church all the Dukedoms Marqueships Counties Advocations Coyns Taxes and other Royalties The Emperor consenteth saith Naucler after Gotfred and with joy marched to Rome and kissed the Pope's foot at St. Peters on the steps and went in together When all were set and the Emperor came unto the altar to receive the Communion from the Pope he saith Lord Emperor the body of our Lord that was born of the Virgin Mary and suffered for us on the Cross as the Church believeth I give to day unto thee for confirmation of true peace betwixt me and thee Some days thereafter the Emperor intreateth the Pope that he would not deprive the Bishops who had before received Investiture from him The Pope refuseth they come to hotter words and then was such a stir that if the Emperor had not defended himself with his own hands he had been slain in the end as it pleased God among many Romans that were slain and taken he taketh the Pope and carrieth him out of the City and indenteth with him both for his Coronation and the Investitures in times following especially that all Abbots and Bishops should take their Investiture from the Emperor per virgam annulum and their consecration from other Bishops as formerly and no Bishops shall be consecrated until first they have received Investiture from the Emperor except onely those who formerly were wont to receive Investiture from the Roman Bishop or any other Arch-Bishop Both parties did swear thus As this part of the lively body is divided they were at Mass so let him be divided from the Kingdom of Christ who shall violate these articles The Emperor was crowned in Rome and returned with joy into Germany Within a few moneths Paschalis calleth a Synod at Lateran he revoketh the former articles and affirmeth that agreement to have been made onely for the freedom of some captives and he went about to excommunicate the Emperor wherefore Adelbert Bishop of Mentz and sundry others in Germany rebelled But the Emperor prevaileth and held Adelbert in prison three years In the year 1118. Henry went towards Rome Paschalis hearing that he was approaching and having offended some chief Citizens fled unto Pulia In his absence the Emperor would be crowned again by Maurice Bishop of Bracara to shew unto the world that he acknowledgeth not his Crown to be received from the Pope Then he returned into Germany and Paschalis into Rome where within few days he died Gelasius renewed the sentence against the Emperor wherefore he marched the third time to Rome the Pope flieth and the Emperor causeth to be choose Gregory VIII and recommendeth him unto the family of Frangepanes At this time the Bishops of Germany stir up the Saxons against the Emperor in behalf of Pope Gelasius and then of Calixtus and fought an open battel in February ann 1122. At last Henry despairing of peace unless he would yield unto the proud Prelate he renounceth his former priviledge of Investitures in the time of Calixtus All this time he had hard fortune and did acknowledge Divine Justice in revenging his rebellion against his Father He reigned twenty years and died without succession In the days of Henry IV. Alexius Comnenus was Emperor of Constantinople at first he envied the expedition of the Latins yet their first victory may be under God ascribed unto his aid His Son Calo Johannes was an excellent Prince liberal a lover of justice and victorious in Europe against the Scythians and Huns and in Asia against the Turks and Saracens and
of tumults and her Majesty commandes with advice of her Secret Counsell that none of the Lieges take in hand to molest or trouble any of her domestik servants or persons whatsoever come out of France in her Company at this time in word deed or countenance for any cause whatsoever either within her palace or without under the said pain of death This Act was proclaimed the same day and immediatly the Earle A publick Protestation of Arran makes publick protestation thus In so far as by this Proclamation it is made known unto the Church of God and members thereof that the Queen is minded that the true Religion and worship of God already established proceed forward that it may dayly increase Untill the Parliament that order may be taken then for extirpation of all idolatry out of this realm We render most hearty thinks to the Lord our God for her Majesties good mind earnestly praying that it may be increased in her Majesty to the honour glory of his Name and good of his Church within this realm And as touching the molestation of her Highness servants we suppose that none dare be so bold as once to move their finger at them in doeing their lawfull business and we have learned at our Master Christ's School to keep peace with all men And therefore for our part we will promise that obedience unto her Majesty as is our duty that none of her servants shall be troubled molested or once touched by the Church or any member thereof in doing their lawfull busines But seeing God hath said The idolater shall die the death Wee protest solemnly in the presence of God and in the eares of all people that heare this Proclamation and especially in the presence of you Lion herauld and the rest of your Colleagues maker of the proclamation that if any of her servants shall commit idolatry shall say Masse participate therewith or take the defence thereof which we are loath should be in her Highness company in that case that this proclamation is not extended to them in that behalf nor be a savegard nor girth to them in that behalf no more than if they commit slaughter or murder seing the one is much more abominable odious in the sight of God than is the other but that it may be lawfull to inflict upon them the pains contained in Gods Word against idolaters wherever they may be apprehended without favour And this our protestation we desire you to notify unto her and give Her the copy hereof lest her Higness may suspect an uproar if wee all shall come and present the same At Edinburgh day year foresaid This Protestation did some what exasperate the Queen and others following her in that point When the Lords of the Congregation as they were called came to the Town at Court cooleth zeal the first they were much offended that the Masse was permitted and each did accuse these that were before him but when they tarried a short space they were as quiet as others Wherupon Robert campbell of Kings-cleugh said unto the Lord Ochiltry My Lord you are come now and almost the last of all the rest and I perceive by your anger that the fire-edge is not off you yet but I fear that when the holy water of the Court shall be sprinkled upon you you shall become as temperate as others for I have been here now five dayes and at the first I heard every man say Let us hang the priest But after that they had been twice or thrice in the Abby all that fervency was past I thinke there is some inchantment where with men are bewitched And it was so for on the one part the Queen 's fair words still crying Conscience it is a sore thing to constrain Conscience and on the other part the persuasions of others blinded them all and put them in opinion that the Queen will be content to hear the Preaching and so she may be won and so all were content to suffer her for a time The next sunday John Knox in Sermon shewes what terrible plagues God had sent upon Nations for idolatry and one Masse is more fearfull unto him than if ten thousand enemies were landed in any part of the realm for in our God is strength to resist and confound multitudes if we unfainedly depend upon Him as we have experience heretofore but when we join hands with idolatry it 's no doubt but both Gods amiable presence and comfortable defence will leave us and what shall then become of us c. Some said Such fear was no point of their faith it was besides his text and a very untimely admonition The Writer of The history of Reformation addeth by way of anticipation that in December An. 1565. when they which at the Queens arrivall maintained the toleration of the Masse were summoned upon treason exiled and a decriet of forfeture was intended against them the same Knoxe recited these words in the audience of many and besought Gods mercy that he was not more vehement and upright in suppressing that idol for said he albeit I spake what was offensive unto some which this day they feel to be true yet I did not what I might have done for God hath not only given mee knowledge and tongue to make the impietie of that idol knowen but he had given mee credite with many who would have put in execution Gods judgements if I would have only consented thereunto But so carefull was I of common tranquillity and so loath to offend those of whom I had conceived a good opinion that in private conference with dearest and Zealous men I travelled rather to mitigate yea to slacken that fervency that God had kindled in them than to encourage them to put their hands unto the Lords work wherein I confesse unfainedly that I have done most wickedly and from the bottom of my heart do ask of my God grace pardon for I did not what in mee lay to have suppressed that idoll at the beginning After that Sermon the Queen sent for I. Knox and none being present except the Lord James and two gentle men in the end of the room said unto him That he had raised The Queen acused Io. Knox and his answers a part of her subiects against her mother herself that he had written a book against her just authority she meaneth the treatise against the Regiment of women which she had and would cause the most learned in Europe to write against it That he was the cause of sedition and great slaughter in England and that is was said to her All that he did was by necromancy John answereth Madam it may please your Majesty to heare my simple answers and first if to teach the word of God in sincerity or to rebuke idolatry and to presse a people to worship God according to his word be to raise subjects against their Princes then I can not be excused for it hath pleased
charging them in the mean time to remain in warde within Edinburg untill the passing away of the first ships wherein they shall be entred and sent away And that it be denounced unto them that if they return at any time hereafter without your speciall licence the law shall be execut against them to death without any more process 2. That the Lairds of Fentry Glenbervy younger and other excommunicated Papists which shall be given up in writ may also be called before your Majesty Counsell and such things be laid unto their charge as they are culpable of according to the Acts of Parliament that the penalty thereof may be executed upon them and other apostates from the true religion which once they had embraced be called also and punished 3. That summons be presently directed against all receipters of Papists Jesuits Seminarie-priests and all traffiquers against true religion and likewise to summon witnesses by whose depositions they may be convict of the foresaid crimes and specially that such as are of the Estates and are culpable of apostasy or papistry shall no way be suffered but called and convict thereof and if they be apprehended for other crimes shall on no way be pardoned untill they have satiffied both your Majesty and Estates and also the Church And generally that all Noble men whatsoever without exception known to be entertainers of Papists or enterprising any thing against the true Religion shall be put presently in ward or exiled Concerning the planting of Churches this is our advice that Commissioners be directed from your Majesty and this Generall assembly into the north and south parts of the country to visite and plant Ministers where need requires for repressing Papistry and having Commission alswell from your Majesty as from the Church to call before them all that are suspected of perverting true religion or revolting from it and to do all other things for reformation of these parts And because this work can not proceed unless provision be made alswell to the Commissioners of the Church as Ministers to be planted in necessary places that certain persons be deputed from the Counsell and some of the Ministry To conveen with all expedition to sight the rols of the thirds that it may be considered what may be spared unto that effect and where these thirds have been abused to see how they may be reformed and that the Act made for discharging pensions out of the thirds and superplus and proclamation that hath passed thereupon may take full effect Likwise giving power unto these Commissioners to reform Colledges Schools and where the rents thereof have been abused to put convenient remedy thereunto and where it can not serve to see how it may be helped and that qualified men be placed in the roume of idâ—e bellies and to depose from the Ministry and from their Benefices all that shall be found unworthy or scandalous in life or doctrin alswell Bishops as others Lastly that it would please your Majesty take some solide order that the lawes made for punishing vice and Commissioners appointed thereunto may take some good effect And that order be taken with the poore that wander up and down the country without law or religion With this Supplication was also sent a catalogue of the Papists in every Province II. In Sess 5. Rob. Rollok And. Melvim To. Buchanan and Pa. Sharp are ordered to visite the Reply of Peter Blackburn unto the book of the Jesuire Ja. Gordon In Sess 14. They report that on the part of the Jesuir they have found much diligence and sophistry and they praise God for the Reply where in they have found solide judgement and great light to the praise of God and overthrow of the enemy In Sess 8. The Assembly directes the Minister of Disert to charge Patrik Adamson to compear personally and present his own petition In Sess 16. Patrik Adamson Bishop is convict of transgressing the Act of Conference and therefore deprived of his office of Commission and Thomas Buchanan is placed in his roome untill the next Assembly IV. The Assembly takes into consideration the process led against Robert Mongomery and the Supplication given-in by him and they declare that he may be admitted Pastor of a flock where he hath not been scandalous Providing that he be found qualified in life and doctrin V. In Sess 9. The Lord Chancellor craves that the Assembly would weigh whither James Gibson hath not offended the King not only in that he had spoken in Sermon these words following that he weened that James Stuart the Lady Jesabell and William Stuart had been persecuters of the Church but now he finds by experience that the King himself hath been the persecuter and as Jeroboam for erecting idolatry and permitting thereof was the last of his posterity so he feareth if he continue he shall conclude his race But also in that he acknowledging before the brethren of the Conference that he had offended his Majesty he promised to make satisfaction and had failed and broken promise James Gibson is called and compeares not Then the Chancelor craves that the Moderator put it to the vote of the brethren whither these words vvere offensive None offereth any reason in the contaary It is propounded eisdem terminis and is voted affirmativè these words were offensive In Sess 11. Because before noon Iames Gibson being present was summoned by the voice of the Moderator to be present after noon to heare his cause reasoned and as it was â—estified by sundy brethren then sitting by him that they heard him promise to compear and nevertheless compeares not The assembly declares him contumacious for not compearing nor sending any reasonable excuse of his absence In Sess 13. the Assembly judgeth James gibson to be suspended from the function of the Ministry during the will of the Church VI. These who were wont to compear before the Synodes to declare their repentance of adultery homicid or such crimes shall hereafter compeare before the Presbytery of their own bounds for â—hat end VII In Sess 1â— All Ministers shall with all diligence travell within their parish with the Noble men Gentle men to subscribe the Confession of faith and report their diligence unto the next Assembly VIII In Sess 16. A generall fast is appointed to be keept the first two Sundayes of July for these causes 1. the universall conspiracies of the enemies of the truth to put in execution the bloody determination of the Councell of Trent 2. The flocking of Jesuits Papists 3. The defection of a multitude from the truth 4. The conspiracies intended against the same by great men of the Land maintainers of Iesuits and Papists 5. The coldness of all sorts 6. The wrack of the patrimony of the Church 7. The abondance of bloodshed adultery incests and all kind of iniquity whereof the particulare Churches have their experience For clearing the proceedings of the Assembly wee may learn 1. The occasion of their meeting from B
in Scotland but they both made apostasie in the first year and were slain by Kedwalla Beda hist lib. 3. cap. 1. Oswald the second son of Ethelfrid succeeded unto them and overthrew Kedwalla Oswald did hold nothing so dear as to promote the Christian religion and sent unto Donal the 4. King of Scots for Preachers when Segenius was Abbot of Colmkill because the Scots language was not understood by his Saxons Oswald would often expound sentences or passages of their Sermons for in the time of his exile he had learned that language Amongst these Preachers the worthiest was Aidan the first Bishop of Lindsfarn he had no care of earthly things what was given him by the King or Potent men he was wont to part it amongst the poor at the first occasion He ceased not to go from town to town and from house to house not on horse but on foot alwaies catechizing whether he met with rich or poor if they were Pagans he taught them if they were Christians he confirmed them in the faith and exhorted unto the works of piety and charity especially to read the Scriptures diligently he died an 651. Beda lib. 3. cap. 4 5. From Northumberland the Word of God was spread among many others of the Saxon Kingdomes Pope Honorius sent Byrinus unto the West Saxons Ibid. cap. 7. Last of all Sussex or the South Saxons and the Isle of Wight were converted Fox in Act. moni Sigebert King of Essex had learned the Christian faith in France and opened the first School in Cambridge an 636. Paul Iovius in Angl. reg Chron. He was perswaded by his Monks to enter into a Cloister as if it had been a shame or sin to reign with David his end was lamentable for when he had given over his Kingdom to his cousin Egrik the fore-named Penda entred his Kingdom with an army his Subjects forced him to go into the fields where both he and Egrik were slain an 652. His son Penda was baptized by Finnan and accepted as a Bishop and Presbyter from him for instructing his Subjects Beda lib. 3. cap. 21. 4. Ferchard II. King of the Scots was odious to all his Subjects for his A despiser of admonition brought to repentance impiety against God cruelty against men for covetousness and drunkenness he spared not the life of his own wife and defiled his two daughters Herefore he was separated from the Communion of the Church and the Nobility did speak of putting him to death or to do unto him as they had done to Ferchard the I. But the fore-named Colman stayed them and assured them before him that God would shortly punish him Within few daies as he was hunting a Wolf did bite him and he became aguish and then vermin did consume his body Then he with tears did confess that he had deserved all these things for vilipending the admonitions of Colman Who said he should be of good courage and trust in God whose mercy is greater to a penitent sinner then any sin of man can let him To shew his repentance Ferchard caused to cover his bed with course coverlets and carry him abroad where he might make publick confession of his sins he died an 664. Boet. hist lib. 9. cap. 21. 5. From Colmkill as a most famous Seminary of learning at that time Famous men of Britain sprang forth not only who did resist the beginnings of Antichristian pride at home and in our neighbour country but they sowed the seed of the Gospel in other Nations Such was that famous Rumold about the year 600. who was called Mechliniensis Apostolus Gallus brought Helvetia from Paganism and as Pappus in histor convers gent. witnesseth built sundry Monasteries there Columban a man of excellent holiness and learning saith Trithe lived sometime in Bangor in Ireland and thence went into Burgundy where he began the Monastery Luxovien and taught the Monks of his own Country especially to live by the works of their own hands Bernard in Vita Malachiae cap. 5. Afterwards because he rebuked Theodorick for his leacherous life he was forced to flee and visited sundry parts of Germany thence he went into Italy and began another Abbey on the Apennin Hills beside Bobium in Tuscany Platin. in Bonifac. 4. Levin was industrious for the name of Christ about the year 630. he turned many to the faith about Ghent and Esca but some hardned person killed him he was held in such reverence that 200. years after his death his body as a holy monument was carried from Church to Church and at last an 1007. it was layed in the Church of Saint Bavo in Ghent Furseus and his brother Fullan with two Presbyters Gobban and Dicul obtained land from Sigebert King of Essex and built the Abbey of Cnobsherburg then bewailing the oppression of that country by Penda he commendeth the charge of that Monastery unto his brother and passing into France he began the Abbey at Latiniac where he died He was famous for his piety and Beda lib. 3. cap. 19. speaks of his visions and miracles Diuma was ordained first Bishop of Mercior where he converted many unto the faith in the reign of the Christian Penda and for rare gifts the Bishoprick of Middlesex was committed to his charge ib. cap. 21. unto whom succeeded Cella a Scot. Also Florentius went to Argentine or Strawsburg and was the first Bishop thereof he opened the first School in Alsatia about the year 669. he is said by his prayers to have restored Rathildis the daughter of Dagobert King of France unto her sight and tongue whereas she had been both blind and dumb Chilian or Kilian the first Bishop of Herbipolis or Wortsburg did first instruct the people of East France saith Bale or high Germany as Io. Pappus speaketh in the Christian faith an 668. because he rebuked Gosbert Prince of Herbipolis first privately but in vain then publickly for having his brothers wife Geilana she caused him to be slain Colonata a Priest and Thotnat a Deacon followed him in all his travels and were put to death with him Burcard or Rurcard succeeded after him to whom Pipin gave a Dukedom and from hence among all the Bishops of Germany only the Bishop of Herbipolis carrieth a Sword and Priest's Gown in his badge Hen. Oraeus in Nomencla Unto these Scots Io. Pappus joineth some Britans as Willibrod Reformer of Frisia and two brethren Evaldi the one surnamed the Black and the other the White D. Morton in his Appeal seems to doubt what doctrine they did teach because of the diverse opinions concerning them they lived about the year 689. yet Io. Pappus saith plainly They converted the Westphalians to the Christian faith and suffered martyrdom neer Breme Io. Bale sheweth their death the barbarous people slue the younger with the edge of the sword and they tormented the elder with a lingring death and pulled in sunder his members and at last threw them both into the River 6. Pope Agathosent
John the arch-chanter of Saint Peters in Rome into Novations England to compose the difference betwixt Honorius and Wilfrid the two Arch-Bishops and withall to deliver them the Acts of Pope Martin the I. and to teach them to sing the Liturgy according to the custom of Rome Beda lib. 4. cap. 18. Upon this occasion Sir Henry Spelman sheweth out of an old Manuscript a Catalogue of twelve or thirteen Liturgies that were then used and others have other forms that he hath not Behold Novations are multiplied 7. Benedictus Biscopius a Noble-man of England was famous for his journey to Rome in the service of the Church and for bringing many books into the Monasteries of Tinmouth and Wirmouth The first glass in this Island is said to be his gift 8. Here it is to be marked what Beda in hist lib. 3. cap. 26. relateth of the Custome of those times manners in this time In these daies saith he they never came into a Church but only for hearing the word and prayer no word of the Mass the King would come with five or six and he stayed till the prayer was ended All the care of these Doctours was to serve God and not the world to feed souls and not their own bodies wherefore in these daies a religious habit was much reverenced so that wheresoever a Clark or Monk did come he was accepted as a servant of God and if he were seen journeying they were glad to be signed with his hand or blessed with his mouth and they gave good heed unto the words of his exhortation and on the Lord's day they came in flocks unto the Church or Monasteries not to refresh their bodies not to hear Masses but to hear the word and if any Priest entred into a Village incontinently all the people would assemble being desirous to hear the word of life for neither did the Priests go into Villages upon any other occasion except to preach or visit the sick or in a word to feed souls These Clarks did so abhor the filthy pest of Covetousness that they would not accept any lands or possessions for building Monasteries unless they had been compelled with secular power Out of this Io. Bale Cent. 14. appr 21. hath marked that whereas Beda was wont before this time to call the Preachers Presbyters now he calleth them Priests when they had but lately received shaven crowns as the mark of the Beast At that time also saith he the Clergy and Monks in England had liberty to marry he nameth some and then saith and others without number CHAP. V. Of COUNCELS 1. OF all the Councels in this Century excepting these at Rome it is Synodes were assembled by Kings said generally that they were called by the authority of Princes within their Dominions as is plain out of the first words of each of them almost but never any syllable to the contrary where it is read By command or at the calling of the King or The King commanding Of the General Councel at Constantinople in this point is spoken before Concerning France we see in Gregory the I. lib. 9. Ep. 52 53 54. the Bishop calleth not a Councel but beseecheth the King to call one his words are Iterata vos pro vestra magna mercede aahortatione pulsamus ut congregati Synodum jubeatis In England a Synod An. 694. beginneth thus Withred the glorious King of Kent with the reverend Arch Bishop Brithwald hath commanded the Synod to be assembled in the place called Bacancelot the most gracious King of Kent Withred preceding Nota in the same Synod and the same reverend Primate of Britan and also Tobias Bishop of Rochester with Abbots Abbotesses Presbyters Deacons Dukes and Counts together considering of the affairs of the Churches of God in England c. Sir Henry Spelman in Concil constitut pag. 191. This is to be marked against the Papists who hold now that a Synod cannot be convened but by the authority of the Pope Bellarm. de conc lib. 1. cap. 12. 2. About the year 610. was the second Councel at Bracara or Braga in Synod at Bracara Portugal 1. Out of the Greek Councels many Acts were read and ratified Ca. 2. If any Bishop exercize not his calling in the Church committed unto him he ought to be excommunicated and if afterwards through compulsion he will obey let the Synod use their discretion concerning him Ca. 19. A Bishop being called unto a Synod should not contemn but go and if he can he should teach things profitable to the good of the Church and of others or he should hear if he be ignorant but if he will not go he should be guilty of censure by the Synod Ca. 45. It shall not be lawfull to read or sing from the Pulpit but to them who are approved by the Church Ca. 84. If any man enter into a Church and hear the word and then withdraw himself from the Sacrament let him be excommunicated till he shew the fruits of repentance 3. The Authour of Catalog test verit she weth out of Aventi Annal. lib. 3. Synod in Bojaria that under Lotharius was a Synod in Bojaria against the new ceremonies of Columban and Gallus but he declareth not what they were But we have seen that these two were Scots and did not agree with Augustine nor Lawrence and did oppose their Ceremonies 4. An. 618. Was the IV. Councel called the Universal at Toledo of The IV. Synod at Toledo 70. Bishops Ca. 2. It pleaseth all the Priests who embrace the unity of the Catholick faith that from henceforth we have no variety nor contrariety of rites in the Church lest any difference amongst us seem unto strangers and carnal men to savour of errout and give occasion of scandal to any therefore let one order of praying and singing be kept thorough all Spain and Galicia and no more diversity because we are in one faith and one Kingdom although the old Canons heretofore ordained each Province to keep their own tites Ca. 6. Some Parishes are noted who have no preaching on the Friday before Easter now it is decreed to preach of Christ's pashon that day that people may be the better prepared to receive the Sacrament of Christ's Body and Blood on the Feast of the resurrection Ca. 7. Because the Universal Church passeth that whole day in sorrow and abstinence for the Lord's passion whosoever on that day except little ones and old or sick persons should interrupt the Fast untill the Church service be done let him be debarred from the joy of Easter and not be admitted to the Sacrament of the Lord's Body and Blood Ca. 9. Because some Priests in Spain do omit to say the Lord's prayer except on Sunday in publick service therefore it is decreed that every day both in publick and private worship none of the Clergy omit the Lords prayer under pain of Deposition seeing Christ hath prescribed this saying When ye pray say Our Father and