Justitiaries Moreover that Act of Parliament was repealed by another Act An. 1592. which derogates from the former in so far as it was prejudicial to the office-bearers of the Church in matters of religion heresy excommunication collation of Benefices deprivation of Ministers ecclesiastical censures c. As for the alledged contempt sedition that against the provision of the act of Parliament they had conveened and proceeded contrary to his Majesties express command intimated unto them by the Commissioners of the Church in their Letter and the Counsels Missive and by Laureston and against a publick charge of horning proceeding from the Secret Counsell and execut against them the day preceeding It was answered The act is no instituting law of assemblies but a simple approbation of them as they were appointed by the Church and in that approbation it is declared that it shall be lawfull to the Church to hold generall assemblies once every year and oftner as occasion shall require And the provision in the Act imports not a nullity of the foresaid liberty approbation but rather the contrary because it no way concerns the actions of conveening or holding but only the nomination of time and place and that not simply but upon condition of his Majesties or his Commissioners presence where the Assembly is holden nor is that simply or absolutly but coniunct with the Assembly and the same provision in the last part of it saith expressely It shall be lawfull unto the Church in case of absence of his Majesty and Commissioners by themselves to appoint time place of the next Assembly as they have been in use to do and consequently to assemble proceed without the presence or express consent of his Majesty or Commissioner And unto the Assumption these had his Majesties consent in the assembly at Halyroodhous An. 1602. where he consented that the next assembly should be at Aberdien the last tuysday of July in year 1604. and that diet was prorogued at his Majesties desire by a Letter sent to the Presbyteries and subscribed by his Commissioner Laureston and the late Moderator untill the first tuysday of July An. 1605. which day was keept by them at the direction of their presbyteries As for the Letters sent by the Commissioners of the generall assembly unto the presbyteries 1. It beares no command but advice 2. The imprisoned had a more authentik and evident signification of his Majesties will declared in the assembly and that diet was prorogued by his Majesties direction which was more authentik then an alledged discharge sent in an article unto the Commissioners 3. At that same assembly all power of prorogating oâ— altering time place of the assembly was taken from the Commissioners with his Majesties own consent for remedy of the grievances given-in to that assembly for the delayes and alterations made by them without advice of presbyteries synods where also it was ordained that the diets of the assemblies be keept precisely according to the Act of Parliament An. 1592. which is of greater force then the Letter of the Commissioners who had no power to discharge the ordinance of the assembly and the Act of Parliament and the continuall practise of the Church requiring a certain day and place but their Letter appointed neither time nor place which imports a plain deserting rather then continuation consequently it was a loss of that liberty confirmed by Parliament and therefore could not with save conscience be obeyed 5. Their advice was not to keep the fifth day but that assembly was begun and ended on the second day Their intention possibly was to discharge it simpliciter but neither did the Letter speak so not was it the duty of Ministers to quite their liberty As for the Counsels Missive they did conveen with Laureston's advice and their convention was sanctified by invocating the name of God before the Missive was presented unto them he met with them and presented the Missive unto them as lawfully conveened and required an answer of it it was read and considered and obeyed in all points excep the indiction of another day which for preservation of the liberty of the Church could not be omitted without perfidy What contempt is it to deny the request of the Counsell when the request imports so great a loss and is contrary unto the law As for his Majesties Commissioner's dis-assenting 1. He made no opposition to their sitting down but consented 2. He delivered the Counsel's Letter and willed them to read it to consider it and to answer it and removed himself for that effect 3. He acquiesced and was satisfied with their obedience unto the first part of the Letter and for the designing a new day he said he had no commission for that and therefore refused either by himself or with them to appoint a new day neither did they appoint any till after arguing he was forced to confess that they had reason to stick unto their point howbeit he could not consent for want of commission and till that he plainly said unto them It is thought yee shall never have a gen Assembly again As for the charge of horning alledged to be executed against them no intimation thereof was made unto them either by the Commissioner nor by the puresefant nor any other nor knew they any such as they are ready all to depone upon their oath 2. Laureston gave them not occasion to conceive such a thing by his speech for he said Albeit he might have used a charge yet he would rather use the Counsels Letter of request 3. The pretended execution and indorsation bewrayeth the forgery bearing that it was an open proclamation warranted by two witnesses who are Laurestons domestick servants whereas sundry honest men at the alledged time were in and about the market-place and yet none other can be found who heard such a thing 4. Why caused Laureston charge them upon the second day personally when they were dissolving without any mention of a charge the day preceeding 5. Though the execution were true yet it can not import the punishment contained in the libell seing it was not according to the Act of Parliament of Iames. 6. Parl. 11. year 1587. which beares that no Letters importing the tinsell of life or movable goods should be of force unless they be executed between eicht a clok in the morning and twelve noon at before famous witnesses but the indorsation of the pretended execution beares that these were executed between seven eicht in the evening 6. When they were charged personally upon the second day they obey'd presently as the Instruments taken in the hands of two Notaries testify The truth is this charge could neither bring them into the guilt of contempt or call their proceedings in question because they had done all that they did at that time therefore that other charge was forged as given at the cross of Aberdien the day preceeding and as it was given unto the Counsell by Laureston
Peter-pence unto any of the Collectors This vexeth the Romane Court and all their thoughts were upon remedies Many would proceed with censures against the king and interdict all Nations to have commerce with England but they took a more moderate course to serve the time and by intercession of France to compose the business And Francis undertooke it and sent the Bishop of Parise unto Rome with tolerable propositions and in the mean while they went on slowly at Rome that they would decern nothing unless Cesar would either first ot at the same time revenge by the sword his cousin's wrong The plea was branched into 23 articles as 1. whether Prince Arthur had carnall copulation with Catherin The half of Lent was spent on this question then March 19 Newes were brought to Rome that a famous libell was published in England against the Pope and all his Court and that before the king was a comâ—dy to the great reproach of the Pope and the Cardinals Then all were in a rage and March 24 they pronounce sentence that the marriage betwixt Henry Catharin was lawfull and unless he hold her for hiâ— wife he shall he reputed as excommunicated This praecipitation pleaseth not the Pope for within sixe dayes Letters come from France shewing that Henry is content to submitt unto their judgement and obey the Pope if such Cardinals were secluded of whom he was jealous and such as were free of suspicion were sent to Camerac and there determine the plea and Francis sent Oratours for tâ—is effect Thâ—n Clemens adviseth on pretenses to suspend the Sentence and recover a lost cause But Henry said Their Sentence was nothing unto him he is the only Lord of his own kingdom as the Pope is the only Bishop of Rome and he will do as the Easterne Church did of old He renunceth the Pope and takes his power unto himself in England to wit he will keep the Christian faith and cast-off the Popes authority nor will he suffer that the Lutheran or any other heresy have place in his â—ealm And so he did for he publisheth an Edict whereby he declares himself The head of the Church of England and chargeth upon pain of death that no man assâ—ribe any power unto the Pope within Englâ—nd and commandeth all the Collectors of Peter-pence to be gone All those were confirmed by ordinance of the Estates which they call the Parliament And it was also Acted that the archb of Canterburry shall invest all the bb of England and that the Churchmen shall pay yearly unto the King 150000 pounds for defence of the kingdom against whatever enemy Various were the judgements of men concerning this action of the King some said it was done prudently that he had cast of the Romane See without any alteration of religion without any sedition among his subjects and without appeal of his cause unto a Councel for if he had permitted it unto the judgement of a Councel he saw that he could not carry it without difficulty and the issue might have been dangerous for a Councel consisting of Church-men would without doubt have maintained the Papal power seing albeit they be in some respect obnoxious unto Emper. and Princes yet they do prefer the eminency of the Pope nor among the Churchmen is any but the Pope that carrieth sway having no Superour in degree of honour But the Roman Court argueth it could not be affirmed that he had made no change in religion â—hen the chief and first article of their faith concerning the Primacy of the Pope was changed for which alone they should have kindled the fire of sedition as if all had been changed and the event did confirm this seing the King was driven by necessity of maintaining this edict to punish severely his formerly dearest minions Nor can it be easily told how great offense and sadness not only at Rome but every where this departure of so great a Prince from the obedience of the Pope wrought in the â—earts of Churchmen Certainly â—t was a cleare document of humane frailty whereby it often hapneth that what things were most advantagious turn at last to the greatest A wicked policy of the bb loss and harm For the Romish PP by dispensations of marriages and sentences of divorces either granted or denied were wont to make great advantages under the name of Christs Vicar as under a shadow covering those Princes which thought it expedient either by some incestuous marriage or by violating one and contracting another to make new purchase of other Landes or to cut away the rights and titles of diverse competitours and that made sure friendship among them The Pope and the Princes when his authority did serve to maintain their power without which the actions of Princes being unlawfull had been clearly condemned hindered nor only unto these Princes but unto all their children which might have been called to prove the lawfulness of their birth So far Pe. Soave in hist Conâ— Trid. Lib. 1. Others shew what was done in England Card. Wolsey archb of York had advised the King unto that divorcement but when he understood of his affection toward Anna Bolen he changeth his mind because she was infected so he spoke with Lutheranisme and he wrote unto the Pope that for this cause he would not consent unto the divorce Thus we see that in all these variations both at Rome and in England the Pope and his Cardinals look not to any Rule either of Gods word or of reason but are moved by the Spring of their own interest When the King understood of these Letters by his Agent lying at Rome he was highly displeased and displaceth Wolsey of his office of Chanceller in France and of two bishopricks for he had three York Duresme Winchester and at last â—e sent the Captain of his Gaird to bring him to London but he died by the way of a flixe When the king was married with Queen Anna he entangleth all the Clergy by the law Praemunire for assisting the Popes Legate They submitt themselves namely the Prelates profer for discharge of that law to give unto the king 100000 pounds out of Canterburry and 18840 pounds out of York and in their submission they call the King the head of the Church In the Parliament An. 24. of his reigne in January following he annulleth some former Acts that were made against hereticks and ordaineth that none shall be in danger for speaking against the Popes pretented authority or his Decrees or lawes which are not grounded on the holy Scriptures Item An. 25 ch 39 he appointed 32 judges out of the higher lower houses whereof 16 should be of the clergy and 16 of the temporality and all at his own nomination to examine the Synodal Canons and to determine of them either to stand in strength or to abrogat them at their discretions Item the Clergy should promise on the word of a priest never to assemble without the Kings
that the Masse and the opinions which they teach the people concerning it be laid to the square of the first institution that the world may know whither their teachers had offended or not in that which they have affirmed whither the action of the Masse be not expressely repugnant unto the last Supper of the Lord Jesus whither the sayer of it commit not horrible blasphemy in vsurping The sayer of Masse is a blasphemer upon the offices of Christ Al. Anderson denied that the Priest takes upon him Christs office A masse-book was brought and it wat read out of the beginning of the Canon Suscipe Sancta Trinitas hanc oblationem quam ego indignus peccator offero tibi vivo Deo et vero pro peccatis toâ—ius Ecclesiae vivorum et mortuorum Then said the Minister If to offer for the sins of the whole Church be not the proper office of Christ only let the Scripture judge and if a vile man whom ye call priest proudly takes the same upon him let your own books witnes Al. Anderson said Christ offered the propitiatory and none can do that but we offer the remembrance It was answered We praise God that yee deny a sacrifice propitiatory in the Masse and we offer to prove that in moe than an hundred places of your Papisticall Doctors it is affirmed that the Masse is a sacrifice propitiatory But whereas ye alledge that yee offer Christ in remembrance we aske first Unto whom do yee offer him and next By what authority are ye assured of well-doing In God the Father falleth no oblivion and if ye will shift and say that ye offer not as if God were forgetfull but as willing to apply Christs merits to his Church we demand of you What power and commandement have ye to do so We know that our Master commanded his Apostles to do what He did in remembrance of him and plain it is that Christ took bread gave thanks brak the bread and gave it to his disciples saying Take eat ..... here is a command to take and eat to take and to drink but to offer Christs body either for remembrance or application we find not and therefore we say To take upon you an office which is not given unto you is uniust vsurpation and not lawfull power Then Alexander vseth some words of shifting but the Lords require him to answer directly Then said he I am better acquainted with philosophy than with Theology Then John Lesley then Parson of Vne and immediatly was sent by the Bishops and their faction to be agent in their business with the Queen and thereafter was called Bishop of Rosse was demanded to answer unto that argument After some litle pause he said If our Master hath nothing to say unto it I have nothing for I know nothing but the Canon-law and the greatest reason that ever I could find there is Volumus and Nolumus The Nobility seeing that neither the one nor the other would answer directly say Wee have been miserably deceived for if the Masse may not obtain remission of sin to the quick and to the dead wherefore were all the Abbeys so richly doted and endowed with our lands Hereby it is clear as also by what is written of the Parliament that the Papists had liberty to plead for their Religion and were required to say what they could not only with safety and assurance of protection but they did appeare and shew their weakness At that time the book of Discipline was not allowed nor reiected but delayd and thereafter it was approved by the Counsell for their own part but not authorised and some additions were noted and this provision expressely added That the Bishops Abbots Priors and other Beneficed men who had already adioined them unto the Religion shall enioy their benefices during their lives they upholding and sustaining the Ministery and Ministers for their part The issue of this provision was many Church-men gave away and sold their Manses gleebs tyths and other things to the prejudice of the Church so that the entertainment of Ministers was very small in many places nothing at all and the gleebs could hardly be recovered XIII At Edinburgh December 20. An. 1560. was the first Nationall assembly where conveened the Ministers and Commissionares from Shires The first assembly of the Church and Burghs about the number of 44. persons 1. They designe Ministers and Readers unto severall parishes throughout the Countrie 2. It was appointed that in time coming the election of Minister Elders and deacons shall be in the publick church and premonition to be on the sunday preceeding 3. It is found by the law of God marriages may be solemnized betwixt parties of the second or third degrees of consanguinity and others that are not prohibited by the word of God and therefore to desire the Lords and Estates to interpose their authority and make lawes thereupon 4. It is appointed that for punishment of fornication the law of God be observed and these shall make publick repentance which vse carnall copulation betwixt the promise and solemnization of their marriage 5. that earnest supplication be made unto the Estates of the realm and to the Lords of Secret counsell that all Judges ordinary and Judiciall Officers as Lords of the Session Shireffs Stewarts Balives and other ordinary Judges be professours of the trueth according to the word of God and all Ministers of the word to be removed from such Offices according to the Civill law 6. To supplicate the Parliament and Secret Counsell that for eschuing the wrath of the Eternall and removing the plagues threatned in His law Sharp punishment be ordained against idolaters and mantainers thereof in contempt of Gods true Religion and Acts of Parliament namely which say Masse or cause it to be said or are present thereat And a catalogue of their names is writen They appoint Comissioners to attend the Parliament if any shall be called with these supplications It is to be observed from the fift Act that Ministers of the word were forbbidden to be Judges in Civil causes which is against the former practise when Bishops and other prelats were Lords of Parliament and sat in Civill Courts No Parliament was called as was expected but a Convention of Estates was appointed to be in May before which time Papists resort to Edinburgh in great numbers and began to brag of their power The Commissioners which were appointed In a Convention of the Estates An. 1561. Papistry is again forbidden by the Assembly of the Church conveen May 17. An 1561. and draw up these articles to be presented unto the Convention that idolatry and all monuments thereof should be suppressed throughout the realm that the sayers maintainers and heareâ—s of the Masse should be punished according to the Act of Parliament 2. That câ—rtain provision be made for maintenance of the Superintendents Ministers and Readers that Superintendents be planted where none are That punishment be appointed for
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
cariage on the sabbath and to cause them give one day of the week unto their tennents in time of harvest for winning their cornes lest they be necessarily abstracted from the Service of God on the sabbath The Earle's answer was he shall use all diligence that the sabbath be not profaned and so soon as he returnes he shall in his Court establish Acts and penalties for restraining the violation of the sabbath In Sess 11. John liverance for his rash excommunicating Wiliam Earle of Anguise was ordained to confesse â—is offence unto God and against the Noble man publickly in the Church where the Sentence was pronounced and the Sentence reducing that process to be publickly intimated by another Minister in audience of the Congregation on a Sunday V. The Lord Sommer well alledgeth the priviledge of holding the market at Carnwath on the sabbath day at last he condescendes that no maâ—ket shall be held there any more on the sabbath And if he faile the Presbytery is ordained to proceed against him according to the generall Acts. VI. A generall complaint is made of manifold kindes of profaning the Lords day by mills salt pans mowing and leading of cornes carrying victualls into and from Burrowes The assembly declares all these unlawfull ordaines presbyteries to deal with their bounds to grant some week-day unto their tennants which upon necessity mowe and lead their corn upon the Lords day And all the Ministers present are ordained to give in writ the names of the persons which can best stopp the Markets within their bounds to the end his Majesty may be supplicated to interpon his authority and command them to do so VII In Sess 8. His Majesty praiseth God that he was born in such a time of the light of the Gospell and that he is a King of a Country where is such a Church even the sinceerest Church on earth the Church of Geneva not excepted seing they keep some festivall dayes as Easter and Christmes what have they for them where have they any institution for them as for our nighbours in England there Service is an ill-mumbled Masse in English they want litle of the Masse but the liftings Now I charge you my good people Barons gentle men Ministers and Elders that yee all stand to your purity and exhort the people to do the same and so long as I have life and Crown I shall maintain the same against all deadly For a quarter of an hour or thereby was nothing heard but praising of God and praying for the King by all the Assembly Then the Moderator in name of the Assembly craves from his Majesty a ratification of the liberties of the Church the purging of the Country from priests and all Papists and that every church may be provided with a Minister and mantenance The King answereth In all Parliaments the liberties of the Church are first ratified and he will have care to see the same observed for the second they knew what he had done before his going to Denmark and he will do what lawfully he can do for purging the Countrey of Papists and for the third it concerned him but in part and many mo have interest and therefore they shall do wee l to appoint some of their number to wait upon the Counsell for answer thereof and to conserr upon the means of effectuating it Then he speaks of the barbarous feuds and odious murders that thereby were committed and did seriously commend unto them as who should of all others most study to make peace the removing of such barbarities so far as in them lay wishing them in their Sermons to strick oft on that point and make people to understand how sinfull it is and how shamefull to the whole Nation as also to employ the discreetest among them for reconciling the variances that abound in the Countrey for myself sayd he I will employ all the power I have that way and if yee shall apply yourselfs to do the like my work shall be the more easy and have the better success This was greatly applauded of al. In the same Session the King nameth Robert Bruce Da. Lindsay Ro. Pont and the Moderator to attend the Counsell and to present the petitions of the Assembly to wit 1. In respect many promises have been made and no execution followed that now performance may be made thereof 2. A ratification is craved of all lawes that have been made for the good of the true Church and a new Act of Parliament specially establishing the jurisdiction of the Church their generall and Provinciall Synods and presbyteries and all Acts made contrary to the liberty and jutisdiction of the Church preceeding the date present to be annulled and untill a Parliament be called to conclude these by Act of Counsell or Convention of Estates if any shall be in the mean time 3. The purging of the Church and Countrey of all Jesuites priests and excommunicat papists and a law against the abusing of the holy sacraments 3. A law and meants whereby Ministers may be possessed in their gliebs Manses and peaceably possess them 4. An order against them who did conveen at the bridge of Dee 5. A law and ordinance against all profanation of the sabbath 6. A law against them that trouble and hurt Ministers going to the Church and executing their office 7. A law for repressing murders in the countrey 8. That all churches may be sufficiently planted with Ministers and others office-bearers and competent stipends out of the tyths and other rents that have been mortified for use of the Church and what is over to be employed upon Colledges upbreeding of youth the sustentation of the poor the fabrick of churches and other common affaires thereof VIII Seing it is certain the word of God can not be keept in sincerity unless holy disciplin be observed It is therefore by common consent of all the brethren and Commissioners present concluded that whosoever hath born office in the Ministery of the Church or presently beare or shall hereafter bear office here in shall be charged by every presbytery where their residence is to subscribe the Heads of the disciplin of the Church set down and allowed by Act of the Assembly in the book of Policy which is registred in the Register of the Church and namely the controverted heads by the enemies of the disciplin before the next Provincial assembly Under pain of excommunication to be executed against the non subscribers And the Presbyteries which shall be found negligent herein to receive publick rebuke of the Generall assembly And to the end that the disciplin may be known as it should be it is ordained that one of each presbytery shall receive from the Clerk of the assembly a copy of that book under his subscription upon the expences of the Presbytery before the first day of September next IX It is concluded that where the presbyteries are well constitut the order of Commissioners of Countries shall cease and an Act to
Jews so here election is for the Elect who obtain justification by faith On Cap. 15 at these words Whatsoever is written is written for our instruction ... he saith The Apostle joineth himself unto all Beleevers and will shew that all things which are written in Divine books are not written for them whose deeds and works are there reported for they are in rest long ago but for our salvation and of them which are to come that we may have whence we may take example of faith and good works and whence we may know with what works God is pleased and with what he is provoked to punish .... for what did it avail to Abraham that Moses hath written he was obedient and that he commends him to have pleased God But he saith Whatsoever things are written in the Law Prophets Psalms and other Scriptures are written for our instruction that we which are come unto the faith may thence learn Seeing Remigius writeth that the Scriptures are written for the instruction of all Beleevers would he then have consented unto the Act of Trent which forbids the use of the Scriptures unto Beleevers On 1 Cor. 1. at these words That no flesh should glory before him he saith No flesh that is no man The wise and mighty cannot glory because they are not called by him for their wisdom and riches neither had they divine wisdom or spiritual riches of themselves The Apostles could not glory because whatsoever they had of favour they received it from God without their merits and they cannot glory that they were chosen for their wisdom and riches ..... He that glorieth let him glory in the Lord he glorieth in the Lord and not in himself who confesseth that all the good he hath he hath received it from God without his own merit and therefore seeks not his own glory and praise but his glory from whom he hath received whatsoever he hath On Gal. 6. on these words God forbid that I rejoice but in the Cross of Christ he saith that is I will not rejoice in the riches and dignities of this World but in the Cross of Christ i. e. in his suffering which was done on the Cross will I rejoice from whence is my redemption and salvation Or I will rejoice in the Cross of Christ that is in this will I rejoice if I can follow the suffering of Christ what he hath sustained for me I may sustain the like for his name Hence we may see that Remigius did not rejoice in the painted or moulded Cross but in Christ's sufferings for our redemption On Eph. 2. at these words Built on the foundation he saith The foundation of the Prophets Apostles and of all the faithfull is Christ because they are grounded and established in faith of him as he himself said Upon this Rock that is upon me will I build my Church Here Remigius expoundeth the Rock to signifie Peter On Cap. 5. at these words Not having spot or wrinkle he saith In this world the Church may be said to be glorious one way because it hath Kings and Princes subject and it hath many orders and degrees but it cannot be without spot or wrinkle of sin because it hath many penitents in it and if we say we have no sin we deceive our selves and the truth is not in us and there is not a man upon earth which doth good and sinneth not wherefore it is better that we refer these words unto the general resurrection On Cap. 6. The sword of the Holy Ghost is the Word of God as the Apostle saith that is the doctrine and knowledge of the Divine Scriptures which is given unto us by the Holy Ghost And it is called a sword because as enemies are put to flight by a sword so by the knowledge of Divine Scriptures we may put to flight all the craft and devices of the Divel by following what the Scripture teacheth and eschewing what it forbiddeth and not only may we overcom the Divels by the knowledge of the word and by the help of God but by authority thereof we may convince all Hereticks and destroy all their errours Reader observe in this testimony the manifold use of the Scriptures and especially that they are a rule wherewith all errours may be destroied On Phil. 2. at these words It is God who worketh in you he saith Lest he seem to exclude God from our salvation or as if without the help of God we could be saved â—e subjoins For it is God who worketh in you therefore every good which we have as well the good will as the good operation is not of us but of God ..... both to will that is to have a good will and to do according to good will that is that we may alwaies will what is good On Cap. 3. at these words If I may comprehend in whom I am comprehended he saith All the Elect which are predestinated for eternal life are comprehended in the Passion of Christ because thereby are redeemed not only those who are saved after his resurrection and who are purged in baptism but all the godly which were before his coming ..... Whosoever are perfect in comparison of others let us think so understand that we are not perfect for whosoever are perfect that is who are thought to be perfect let us understand that this is in comparison of Beleevers and who have less understanding because we are not perfect in respect of what we shall have at the day of judgement On 1 Tim. 2. he saith Seeing the Psalmist saith The Lord doth whatsoever he willeth and the Apostle saith Which will have all men to be saved Why are not all men saved To which I say Because it is true what the Psalmist saith For he hath said and it shall be likewise he will save all men which are saved and which by his mercy seek to be saved for the Apostles have put the whole for a part as in the Gospel the Lord saith When I shall be exalted from the earth I will draw all men unto me for he drew not all men nor draweth all men but all that is the Elect out of all sorts and Nations out of all sex and condition from Kings unto Beggars from the perfect unto the babe of one day yet none can be saved but whom God willeth because he sheweth mercy on whom he will for if all men had continued in perdition just had been the judgment of God but that his mercy and power might be shewed because he is powerfull to save all men in those which do perish he shews his just judgment and his mercy in them which are saved for his grace preveneth us that we have will and our will should accord with his will and then he will give us ability and because we join our will to his will we are worthy to be rewarded and nevertheless it is all to be ascribed unto his grace whatsoever good we do He saith then Which will have
Christ The same night he was taken with a whore It was so notorious that it could not be denied saith the same Author 2. DAVID the third Son of Malcolm Cammore did erect four Alterations in the Church of Scotland Bishopricks and seven Abbeys and other religious places as they called them and repaired sundry decayed Monasteries therefore the Clergy called him Saint David but his Successor called him a good Saint to the Church and an ill Saint to the Crown The fruit of so large donations saith Buchan Hist lib. 7. was As the use of the members faileth in them who stuff their bellies with too much meat so from thenceforth the small sparks of wit being oppressed with luxury did dayly decay the study of learning failed piety was turned into a formality and superstition and as in untilled land the seeds of all weeds and vices sprang up And the Prelates shook off the care of preaching as a work not beseeming their Dignity and because the Monks had the favor of the people for preaching the Prelates gave unto them liberty above the Parish Priests to the end that the Monks might the more recommend them in their preachings 3. When HENRY I. King of England died without a Son Steven Earl of Bolonia and his Sisters Son usurpeth the Crown about the year 1133. His Brother Henry Bishop of Winchester procured the first Law that ever was in England for appealations to Rome Ia. Vsser de stat succes eccle Appeals to Rome cap. 8. ex Hen. Hunting Hist but Steven reserveth to himself the right and power of bestowing Benefices and investing Prelates In the beginning of his reign William Dean of London Ralph Longford Richard Belmeys and others of the Chapter did elect a Bishop without the King's recommendation wherefore he causeth to be imprisoned not their persons but their wives until they had satisfied for their contempt Io. Bale ex Rad. de Dicet Whence it appeareth that as yet the Priests had wives notwithstanding all former Acts. Thereafter Albericus Bishop of Ostia was sent by Pope Innocentius II. and in a Synod at Westminster condemned the marriage of Priests again and ordained that Christ's body as they spoke should not be kept above eight days lest it become hoary and rot At that time Robert Pully deserved commendation for restoring or erecting the University of Oxford and was Rector thereof 4. HENRY II. Nephew of Henry I. by his Daughter Maude disclaimed â—â— forbidden all the Authority of the Pope refused to pay Peter-pence and interdicted all appealation to Rome At that time Philip de Brok a Canon of Bedford was questioned for murther he used reproachful speeches to the King's Justices for which he was censured and the Judges complained unto the King that there were many robberies and rapes and murthers to the number of an hundred committed within the Realm by Church-men The King commanded that justice should be executed upon all men alike in his Courts But Thomas Becket Arch-Bishop of Canterbury would have the Clergy so offending judged in the Spiritual Court and by men of their own coat who if they were convicted should at first be deprived of their Benefice and it they were found guilty again they should be judged at the King's pleasure The King stood for the ancient Laws and Customs and in a Ancient Laws are restored general Assembly at Clarendon in the year 1164. with consent of the Arch-Bishop Bishops Abbots Priors Earls Barons and great men was a rehearsal and acknowledgement of some ancient Customs and Laws among which that were authorised being sixteen in number were these 1. If between a Lay-man and a Clark were any strife for Church-goods the plea should be in the King 's Court. 2. No Bishop nor Clark should go forth of the Realm without the King's licence and then he shall swear upon the Book that he shall procure no hurt to the King nor any of his Subjects 3. None who holdeth of the King in chief or in service shall be accursed without the King's licence 4. All the Bishopricks and Abbeys when they be vacant should be in the King's hands until a Prelate be chosen and he should be chosen out of the King's Chappels and before he be confirmed he should do his homage unto the King 5. If any plea were brought to the Consistory a party might appeal unto the Arch-Deacon and from him to the Bishops Court and thence unto the Arch-Bishop and from him to the King and no further 6. All debts that were owing of truth-plight should not be pleaded in Spiritual but Temporal Courts 7. The Peter-pence which were gathered for the Pope should be collected for the King 8. If any Clark were taken for felony and it were so proved he shall first be degraded and then after judgement be hanged or if he were a traitor he shall be drawn in sunder They did all sweâ—r and by word of mouth faithfully promise to observe these Laws unto the King and his Heirs simply and without fraud Mat. Parisi calleth them wicked and detestable Acts But Tho. Becket's testimony is the stronger de facto Tho. Becket sent unto the Court of Rome to signifie the grief of the Church and his own for consenting unto these Laws and asked absolution from the bond which he had unwisely entered into and he obtained it The same year the King required to have punishment of some misdoings among the Clergy The Arch-Bishop would not permit and when he saw in his judgement the liberties of the Church troden under foot he without the King's knowledge took ship and intended toward Rome but by a contrary winde he was brought back Then he was called to account for his receipts that came to his hand while he was high Chancellor He appealeth to the See of Rome and under pain of excommunication forbad both Bishops and Nobles to give sentence against him seeing he was both their Father and their Judge Nevertheless they without his confession gave sentence against him Then he seeing himself forsaken of all the other Bishops lifted the cross which he held in his hand aloft and went away from the Court and the next day got him over into Flanders and so to the Pope Matth. Parisien hath many Letters betwixt the Pope and this King and the King of France and sundry Bishops of France and England for reconciliation betwixt the King and this proud Prelate but all to no purpose till Henry of his own accord did cause his Son Henry III. to be crowned and then he being in Normandy was content by the mediation of the French King to accept the Prelate Thomas returning into England excommunicateth all the Bishops which had been at the Coronation of the yong King because it appertained unto him forsooth to inaugurate the King The King sent unto him and required to absolve them seeing what was done unto them was done for his cause The Prelate refuseth On Christmas day he solemnly excommunicateth
sent them home again because they had not brought money enough with them He writ an Epistle to Mahumet which is the 396. in number where he affirms that the Empire of Greece depends on his See and his Predecessours had given the Empire of Germany unto Charls and he offered to give that Xingdom peaceably unto him if he would turn Christian and defend the Church He did sit six years Platina reckoneth these following Proverbs to be his There be three persons of one Deity and we may not consider by what reason it may be so but who hath said it When men attempt to measure the Heaven they may be called bold rather than true measures Fools and not wise men are moved with fair words The first places in Kings Courts are slippery As all Rivers run into the Sea so all vices into great Courts Men should be given to dignities and not dignities unto men Some men are in Office and deserve it not others deserve and have it not A wandring Monk is the Divel's slave For weighty causes marriage was taken from Priests but for weightier reasons it should be granted c. I have seen some Editions that have not this last Proverb but it is in the Edition at Venice An. 1562. Cum Privilegio Pontificis c. 10. PAUL the II. had been a Merchant in Venice when he heard that his Uncle Eugenius was Pope he would then learn Grammer but because of his age he made little progress Platin. Nevertheless Eugenius made him Arch-Deacon of Bononia then Bishop of Cervia and then a Cardinal but his ambition stayed not until he was Pope and then he was not so much void of all literature as an hater of all learned men for he deprived them of their Benefices without any just cause among them Platina was one These seeking to be restored craved that their cause might be heard before Auditores rotae but he said Ye would bring us before Judges as if ye were ignorant that all Laws are in our breast I have declared so and let them all go I am Pope and may approve or refuse the Acts of others at my pleasure He was the first Pope that spoke in this maner Io. Serres After three weeks when they saw no appearance to be restored Platina wrote unto him thus If thou may spoil us of that which we bought with our money we may also complain of the wrong and unjust ignominy since we have been rejected by thee and have received so notorious infamy we will go to Kings and Princes and exhort them for your cause to assemble a Councel where thou shalt be compelled to give account why thou hast spoiled us of our lawful possessions For this Letter Platina was laid in Iron fetters for the Pope could not hear of a Councel after some space Platina was loosed upon condition that he go not out of Rome Platin. Eugenius had founded some Canons in the Lateran Church which were Regulars Callistus expelled them and placed Seculars now Paul put out the Seculars and restored the Regulars to the great offence of the Romans Idem He exceeded all his Predecessors in gorgeous apparel his Mitre was set with all manner of precious stones he would be admired by all men and lest he were too singular he ordained by a publick Decree that none should have a scarlet hat but the Cardinals and those should always have their horses or mules covered with scarlet he would have given them more ornaments if some thinking well had not admonished that the pomp of the Church should not be augmented in prejudice of Religion Idem All offices were then sold at Rome he sold the richer Benefices to them who had the lesser that his Annates might be the more no respect was had of learning but only who will give most He called the Students of Humanity as Platina speaketh Hereticks and he exhorted the Citizens that they breed not their children with learning it is enough said he if they can read and write He devised new offices for his own gain he kindled wars in several places he stirred the Germans and Hungarians against the Bohemians he vexed the Poli in Aequitoli because they said Christ hath no Vicar He sate six years ten moneths and died of Apoplexy An. 1471. Agrippa de vanit scien cap. 6. calleth these Paul and his Successours Sixtus Alexander and Julius famous disturbers of Christendom 11. SIXTUS the IV. General of the Franciscans restored the Secular Canons whom Paul had ejected Onuphr in Addit to Platin. Paul sowed and Sixtus reaped a plentiful harvest for Paul did ordain that the Jubile should be kept every 25. year and Sixtus kept it An. 1475. In the next year he ordained that whosoever kept the feast of the conception of Mary as was ordained at Basil according to the order now prescribed by his Notary should have as large forgiveness as was decreed by Urban the IV. or Martin the V. unto the observers of Corp. Christi This constitution was annexed to the Acts of the Councel at Trent and by a constitution following there it is clear that many Preachers in their Sermons and Books maintained that Mary was conceived in sin and it is a deadly sin to hold the contrary wherefore the former constitution had need of a Bull of confirmation dated An. 1483. Onuphrius saith In the days of Paul Sixtus was so respected for learning that all the doubts of saith were committed unto him among all the Cardinals and now he made shew of great things he proclaimed a Councel to be at Lateran for reformation of the Church and for aid against the Turks The Emperor Frederick objected that no good was ever done at Rome for the Church therefore it were fitter to assemble at Constance or other City in the confines of Germany Constance where so many Popes were deposed was odious at Rome Frederick then named Utina in Carnia Then Sixtus perceived that he could not atcheive his designments and forgetting the Councel turned to the advancing of his kinred of whom he made some Dukes and Princes Onuphrius saith He loved his kinsmen greatly and was blamed for granting unto them some things contrary unto reason and equity to wit as Wesellus Groningensis who was an eye witness in his Book De indulgen Papali reporteth At the suit of P. Ruerius whom Sixtus made Cardinal of S. Sixto and of his own Brother Jerome he granted unto all the domesticks of Cardinal de S. Lucia a free licence to commit sodomy in the moneths of June July and August Onuphrius saith He devised new tributes but spared to shew the particulars Agrippa de van scient cap. 64. doth shew saying Pope Sixtus built a large Stews and was like to Heliogabulus who fed herds of whores to his friends and servants ..... and now each whore in Rome payeth dayly unto the Pope a Julian penny which tribute surmounteth to 20000. ducates yearly and this is the charge of the Exchequer of the
the Danube near unto Frioli in Italy and on the North he marcheth with Poland and Muscovy In Affrick his ditions are for the most part barren except most fertile Aegypt This Empire is now governed by twenty Bassaws of which three are in Europe the most potent is in Greece another in Hungary and the third in Temisnara in Asia are thirteen three in Affriâ—k and one in Cyprus Cumin Ventura in Relatio de Vrbe Constantinop Wheresoever they prevailed they either slue all the inhabitants or led them away in such misery that they lived so that death had been more tolerable Bathol Georgueviz lived amongst them the space of 13. years about the year 1540. and returning writ a book Deploratio Christianorum which was printed at Wittemberg An. 1560. there he saith If any man had foreknown that calamity they would rather have chosen to have died a thousand times if in any place death be mixed with life or if life be prolonged that men may be long a dying it is under the Turks the bondage in Aegypt the captivity in Assyria and exile in Babylon are light in comparison of this most grievous oppression for whether Christians do submit unto them or not it is all one if these prevail as in their promises is no fidelity so is no mercy in their victory they kill all the Nobility and scarcely spare any of the Clergy they throw down all the Churches or turn them to their blasphemous superstition leaving unto Christians old Chappels which when they decay it is permitted to rebuild for a great sum of money neither are Christians permitted to have any audible sign of assembling but only as it were by stealth to exercize their religion neither may a Christian bear Office in any Province or City nor carry a weapon if any blasphemy be spoken against Christ or contumely against a Christian he must hold his peace but if thou speak against their Mahumet the punishment is fire or if against their religion thou shalt be circumcized If a Christian on horseback do meet a Turkish Priest he must come down and with low courtesie salute the Priest Every Christian now must pay the fourth part of all his increase as well of their Corns and Bestial as of their handy-work and every Master of a family paieth a ducate yearly for every person of his family if the Parents have it not to pay they must sell their children and others are compelled to beg it or they are condemned to perpetual prison and still it is free unto the Turk to take the most handsom of the Christian children and circumcize and bring them in their Cloisters to be Seminaries of his Janizaries or guard and of his Souldiers so that they hear not of Christ nor Parents yet many of these Janizaries carry under their arm pits a New-Testament in Greek or Arabick From amongst the fairest of the Christian daughters the great Turks hath his Wives and Concubines and it is religion unto them to do otherwise So that by custom or contempt of the old Turkish blood the present Emperours and Janizaries and Bassaws are descended of the Christians Both the Christians and the Janizaries in these Provinces do heartily wish the revenging Sword of Christians to deliver them from their wofull thraldom and the Turks stand in fear of it because of such a prophesie amongst them Georgieviz de affectione Christianor The multitude of the Turks are base minded being destitute of all learning for their Laws forbid Schools and they live most by Pasturage Euphorm in Icon. animor cap. 9. This brief glance of the power and tyranny of the Turks is usefull for understanding some passages of the Scriptures as also to move others unto compassion and praiers for the Christians whose troubles we know not and to make us the more thankfull for our tranquility and liberty and more patiently to bear sickness a little penury or if it were banishment for Christ's sake c. which light things many do impatiently undergo because they know not the heavy crosses of other Christians Yea and for cleering the justice of God in all these heavy burthens of Christians it may be marked out of Nicep Gregoras and Chalcocondylas their Histories that though these Greeks were very constant both in the Doctrine and Rites of their Antients yet amongst their Nobility were manifold divisions and strifes amongst their Clergy great ambition and contention and especially they complain of the wretchlessness of the Emperours and the infinite Taxes which they exacted of the people so that many did even before the loss of Constantinople chuse to live under the Turks and the rather because at that time the Turks dealt fairly with the Christians that would come and dwell in their Towns and proffered them liberties and it was upon occasion of these grievances that some Greeks came into Italy and Germany in the beginning of that Century CHAP. IV. Of BRITAIN 1. WHilest King Richard was living in prison Henry the IV. was Crowned King of England An. 2. chap. 3. he ordained that if any person should obtain from the Bishop of Rome any provision to be exempt from obedience regular or ordinary or to have any Office perpetual in any house of Religion he should incur the pains of Praemunire And chap. 15. He gave authority unto Bishops and their Ordinaries to imprison and fine Civil power of coaction gâ—ven to Bishops who exerce it cruelly all Subjects who refuse the Oath ex Officio Here by the way I add that in the Parliament of King James An. 1610. Stat. 1. it is said Whereas the Temporal Sword was never in the Prelates power untill the 2. of Henry the IV. and then usurped by them without consent of the Commons for say They were truly Ecclesiastical yet it is against the Laws of God and of the Land that they should meddle with civil jurisdiction therefore is an Act past against it and the Oath Ex Officio In the same Parliament of Henry the IV. it was ordained that all Lollards that is who professed the doctriue which Wickliff had taught should be apprehended and if they should remain obstinate they should be delivered to the Bishop of the Diocy and by him unto the correction of the Secular Magistrate to be burnt This Act was the first in this Island for burning in case of Religion and began to be put in execution the same year 1401. and Thomas Arundel Arch Bishop of Canterbury swore that he would not leave a slip of the Lollards in the Land At that time did suffer William Sawtree a Priest William Swinderby Richard White William Thorp Reinold Peacock once Bishop of Saint Aâ—â—ph and then of Chicester Io. Fox in Acts Mon. Many errours were imputed unto them maliciously but as Ph. Morn in Myster pag. 495. shews ex Walsing in Hypodeig they held no other doctrine but of the Waldenses George Abbot contra Hill in answer to the first reason sec 25. shews that
those which fled was Peter Pain who had been a hearer of Wickliff and then went into Bohemia and was sent unto the Councel of Basil where he argued for partaking of both elements and against the Civil Power of the Clergy William White being examined before William Bishop of Norwich An. 1428. did hold as he had also written that by Law Marriage was granted unto all persons of the militant Church but the Pope who is the Antichrist and his Counsellors which are the Clarks of Lucifer have abolished this Law to the undoing of the Priesthood after the loosing of Satan that is after the 1000. years from the incarnation Anno 3. of Henry the V. the Act was renewed against presentations unto Benefices to be purchased from the Pope but under colour of prejudice to the Incumbents in going so far for them but by this Act all presentations from the Pope were annulled An. 1439. under King Henry the VI. Richard Wiche was burnt the next year Eleanora Cobham Dutchess of Glocester was condemned to perpetual imprisonment in the Isle of Man and Robert only a Priest was condemned to death Philip Morice was excommunicated by Pope Eugenius and he appealed unto the General Councel 4. Richard King of England had made Truce with France for 30. years Troubles between France and England these being expired Henry the V. sent unto Charls the VII King of France An. 1415. claiming the Crown of France So Wars began Henry conquered a great part of France In the year 1419. Charls did dis-inherit his son Lewis and then the Kingdom was divided some cleaving unto Lewis who at that time was called King of Vierron because he lived there in Berry Charls agreed with Henry that Henry should take to wife the daughter of Charls and be proclaimed Regent of France and both should keep what they have and after the death of Charls the Crown of France shall remain with Henry and his heirs and that Henry with the Duke of Burgundy should pursue Lewis the Dolphin as an enemy of the Common-Wealth These two Kings died in one year Charls died first and Henry because his son was but eight moneths old ordained his brother Humphrey Duke of Glocester to be Protector of England and the Dukes of Bedford and Burgundy Protectors of France These two had continual Wars with Lewis Henry the VI. was Crowned King of England in the eighth year of his age and at Paris he was Crowned King of France in the tenth year of his age An. 1431. Five years thereafter the Duke of Bedford died and the Duke of Burgundy became an enemy to England then all things in France went backward from England but no cessation of wars untill the year 1475. when King Edward the IV. invaded France and then Truce was made for seven years at that time Lewis gave unto Edward 75000. crowns and 50000. crowns yearly during the Truce Henry the VII renewed the old claim An. 1487. Peace was made An. 1492. on condition that Charls should pay presently a great sum of money and then yearly 25000. crowns in the name of Tribute Tho. Cooper 5. At Saint Andrews Paul Craw was accused An. 1431. for following John Wickliff and Huss namely for denying that the substance of the Bread and Wine is changed or that confession is necessary to be made unto Priests or praiers unto Saints departed When he was condemned they did put a Bull of Brass in his mouth to the end he should not speak unto the people or they should not know for what he was burnt King James the I. then did set himself to reform the abuses that had crept into the Realm under the Reign of Robert the III. and his own captivity in England he made Laws against the disturbers of the common peace and against them who ride with more men then their yearly Revenues may sustain he punished Robbers and Rebels He considered the Clergy and saw that Benefices were not bestowed on learned men but as rewards done unto the Pope or a Bishop And he saw Monks abounding in wealth and more mindfull of their bellies than of books and the Churches served by some begging Friers which were hired by the Titulars to preach now and then and the Beneficed men did never see their Parishes unless it were to crave their Tithes When the King did publickly rebuke such enormities the Bishops answered and the Friers preached Church-men should be left unto the Pope and to God neither are they obliged to answer unto any prophane Magistrate When he could A glimpsâ— of Reformation not amend the present possessours he would provide for the time to come At Saint Andrews he founded some Schools to be Seminaries of all Estates and to the end the Schools should be had in the greater estimation he honoured the Masters with competent maintenance and their meetings and disputes with his Royal presence He gave strict command that the Masters should recommend unto him the most diligent and worthiest Disciples on whom he might bestow the vaking Benefices and he had alwaies by him a role of the recommended Students Likewise he turbed the Monasteries and said King David who erected so many Monasteries was a good Saint to the Church but an ill Saint to the Crown Buchan lib. 10. With consent of all the Estates he made an Act that all the Subjects should be ruled by the King's Laws only In Parliam 3. and if any did fly or appeal from the King's judgment he should be accounted a Rebel and punished accordingly In Parliam 8. James Kennedy Bishop of Saint Andrews was then exemplary he caused all Parsons and Vicars to dwell at their Parish Churches for preaching the Word of God unto their people and to visit them especially in time of sickness He indeavoured to visit all the Parishes within his Diocy four times in the year and inquired in every Parish if they were duly instructed by their Parson or Vicar and if the Sacraments were duly administred if the poor were helped and the young ones instructed in the grounds of Religion Where he found not this order observed he punished the Delinquents severely to the end God's glory might shine throughout his Diocy Ex M. S. histor in Biblioth Edimb 6. James the III. King of Scotland ordained by Act of Parliament An. 1466. that no Commenda old or new should have place within the Realm and that none shall purchase nor accept any Commenda under pain of rebellion otherwise then for the space of six moneths And that no Pension new or old of any Benefice Secular or Religious be sought nor accepted from any person without or within the Realm under the same pain James the III. Parlia 1. Hence we may guess at the abuses of Commendaes and Pensions out of Benefices as certainly complaints have been made at that time against them Here by the way the Reader may inquire what a Of Commenda Commenda is and how it began This we may
his Progenitors time out of minde have been possessed with special priviledges and custom observed from time to time that no Legate from the Apostolick See should enter into the Land or any of the King's Dominions without calling petition or desire of the King and for as much as Richard Bishop of Winchester and Cardinal of S. Eusebie hath presumed to enter as Legate not being called nor desired by the King Therefore the said Proctor in presence of the Council of England then in the house of the Duke of Glocester Lord Protector in the King's minority did protest that it standeth not with the King's minde by advice of his Council to admit or approve the coming of the said Legate in any way or to assent to the exercise of this his Legantin Authority either attempted or to be attempted in this respect contrary to the foresaid Laws and custom c. By these Acts it is manifest that the usurpation of the Popes was odious unto the Nations and that their avarice and innovations were restrained but the Kings did not exclude them especially in England the persecution that was begun in the latter days of Edward the III. continued all the time of King Richard the II. and Henry the IV. and V. though not always with a like cruelty But in Scotland their Acts had more strength for when James Kennedy Arch-Bishop of Saint Andrews who founded and perfected the most famous Colledge of Scotland now called the Old Colledge of Saint Andrew's died An. 1466 his Brother of the same Mother Patrick Graham was elected by the Canons to succeed but he could not obtain the King's consent for the Courtiers perswaded him that he should not admit such elections because by such means the greatest honors were in the power of the basest men to wit Canons gave Bishopricks and Monks made Abbots and Priors whereas said they all should depend on the King that he may reward punish and forgive according to the service done unto him Wherefore that Patrick went to Rome and easily obtained The first Arch-Bishop of Saint Andrews from Pope Sixtus the IV. not only confirmation of the election but likewise the Title of Arch-Bishop of Saint Andrew's and that all the other Bishops should be subordinate unto that See and power to be Legate for three years for preventing the dangers insuing unto the Church Notwithstanding all this his authority he durst not return into Scotland for fiye years but abode at Rome for he knew that the people were exclaiming against the contempt of the Laws In the year 1472. he would adventure to return but sent before him the Bull of his Legation They which were advanced or hoped for advancement by the King did fear that this Legation would be to their prejudice and they ceased not to shew the King that his authority was contemned by that Bull his Acts were annulled and the liberties of the Realm were turned into the hands of the Romans Then by Act of Council an Herauld was sent unto Patrick at his landing before he entred into any house to inhabit him from attempting any thing in any of these Offices untill such things as were to be laid unto his charge were examined before the King Thereafter he was reconciled unto the King but with express charge that he attempt nothing beyond the custom of his Predecessors Nor had any in that place so little authority for he was excommunicated by the Rector and then again accursed by Husman the Pope's Inquisitor and the Arch-Deacon Sevez was placed in his Chair and Patrick was hurried from place to place as to a stronger prison whether justly or unjustly it is not certain since the cause nor process is not made known except that he paid not the money for his Bull of priviledges Others were so affraid at his miseries that they attempted not to recover that priviledge of election from the power of the King and whom the King did recommend unto the Pope were all accepted Hence it came to pass that Benefices were bestowed upon unqualified men at the pleasure and suit of Courtiers so great corruptions followed Buchan lib. 12. 7. About the year 1465. a Carmelite preached at Paul's Cross that Christ on earth was poor and begged The Provincial of that Order and others held the same opinion But others did inveigh bitterly against them as teachers of pestiferous errours The fame of this controversie went over the Alps and Pope Paul the II. writ his Bull into England informing his Prelates that it is a pestiferous heresie to affirm that Christ had publickly begged and it was of old condemned by Popes and Councels therefore it should now be declared as a condemned Heresie In the year 1473. John Goose or as some write John Huss was burnt on the Tower-hill for the doctrine of the above-named Martyrs The next year an old Matron about 90. years of age Johan Boughton was burnt at Smith-field and her daughter the Lady Young was in danger An. 1498. a godly man at Babram in Norfolk was burnt and in the same year and place a Priest was burnt whom all the Clarks of Canterbury could not remove from his faith The next year another was burnt at Smithfield Io. Fox in Acts Mon. 8. About the year 1492. Robert Blaketer went to Rome for his confirmation The first Arch Bishop of Glascow a persocuter in the Bishoprick of Glascow he obtained from Pope Alexander the VI. the Title of Arch-Bishop and that three other Diocies should be subject unto him Sevez Arch-Bishop of Saint Andrews would not acknowledge him nor his Title because it was in prejudice of his former Title Upon this occasion both Clergy and Nobility went into factions at last they were reconciled so that they both should be called Arch-Bishops but Saint Andrews should precede In the year 1494. by this Robert was summoned before the King and Councel thirty persons from Kyle and Cunningham among these George Campbel of Cesnok Adam Reed of Barskyning John Campbel of Newmills Andrew Shaw of Polkennet c. The Articles laied unto their charge were 1. Images should not be worshipped 2. Nor Reliques of Saints 3. Christ gave power unto Peter and not to the Pope to bind and loose 4. The Pope is not the Successour of Peter but where it was said unto him Go behind me Satan 5. After the Consecration bread remains and the natural body of Christ is not there 6. The Pope deceives the people by his Bulls and Indulgences 7. The Mass profiteth not the souls which are said to be in Purgatory 8. The Pope exalts himself against God and above God 9. Priests may have wives 10. True Christians receive the body of Christ every day by faith 10. Faith should not be given unto miracles now 11. We should pray unto God only 12. We are not bound to beleeve all that Doctours have written 13. The Pope who is called the head of the Church is the Antichrist They were accused upon other
be regarded but are nul In Sess 5. Apr. 6. was another Decree much to the same purpose In Sess 6. Apr. 17. a Procuratory of renunciation was sent to Pope John and the Messengers were ordred to exhort him to return Item Commissioners were named out of the four Nations to examine John Huss unto the definitive Sentence inclusivè Item a Citation was sent to Jerom of Prague to appear before the Councel within 15. daies 5. daies being allowed for each of three citations And a Safe-conduct was granted in these terms By the tenor hereof we give all Safe-conduct from all violence justice being excepted so far as in us lieth and the Orthodox Faith requires with certification that whether he appear or not we will proceed against him In Sess 7. May 2. a Citation was directed against Pope John In Sess 8. May 4. the Articles against John Wickliff were read these and he and his memory were condemned and it was ordained that his bones should be taken up and burnt In Sess 9. the execution of the citation against Pope John was exhibited In Sess 10. May 14. Pope John for his notorious simony or selling of Benefices and because he is not only diffamed but really defiled with other grievous crimes and is incorrigible is suspended from all spiritual administration and the process is to be followed unto his deposition In Sess 11. May 15. the Articles against Pope John were read and sent unto him together with a citation to appear hear and see himself deposed in the next Session In Sess 12. May 29. the Commissioners unto Pope John made their report and it was ordained that if the Papal Chair should be vacant another Pope should not be chosen without the consent of the Councel Item definitive Sentence of Deposition was pronounced against Pope John the XXIV for his departing from the City privily in the night and disguised in habit and for the scandal given by him in troubling the peace and union of the Church contrary to his promise oath and vow unto God and the Church and this sacred Councel Item That none of these three who in time of their obedience were called Pope John the XXIV Benedict the XII and Gregory the XIII should be chosen Pope or if they shall be chosen their election shall be null In Sess 13. June 15. Although Christ did institute after Supper and gave unto his Disciples both kindes bread and wine hoc non obstante the Authority of holy Canons and the approved Custom of the Church hath kept and keepeth that the holy Sacrament is not given after Supper nor taken by any not fasting excepting the case of infirmity or other necessity allowed by Law and the Church And although in the primitive Church this Sacrament was received by Believers under both kindes yet ..... we command under the pain of excommunication that no Priest communicate unto the people under both kindes of bread and wine This was the first time that such an Act was made in a Councel In Sess 14. June 24. Charls de Malatestis Rector of Romandiola being sent Proctor by Pope Gregory approveth the Councel and simply renounceth his Papacy Item The Acts canonically done by Pope Gregory the XIII before that instant were approved and his Cardinals were received with the song Te Deum laudamus Item It was ordained that a Pope should be chosen in manner time and place as the Councel shall appoint Item Citation was directed against Pope Benedict In Sess 15. July 6. The Articles of John Huss were read to wit 1. The holy Catholick Church is but one which is the universality of the predestinated 2. Paul was never a member of the Divel although he did some acts like to the acts of the malignant Church 3. Praesciti or those who are foreknown are not any part of the Church since no part of her falleth finally because the charity of predestination falleth not away 4. The two natures God-head and man-hood are one Christ 5. Although he who is foreknown be in grace according to present righteousness yet he is never a part of the holy Church but he who is predestinated abideth ever a member of the Church although he fall from temporary grace yet he never falleth from the grace of predestination 6. Taking the Church for the company of the predestinated whether they be in grace or not according to present righteousness after that manner is an Article of the Faith 7. Peter was not nor is the head of the Catholick Church 8. Priests living criminously defile the power of Priest-hood and as unfaithful Children they think amiss of the seven Sacraments of the Keys Offices Censures Manners Rites worshipping Reliques Indulgences and Orders 9. The Papal power hath flowed from Caesar 10. None without revelation can reasonably say of himself or of any other that he is the head of a particular Church neither is the Priest of Rome the head of that Church 11. We should not believe that who is particular high Priest of Rome is the head of any particular Church unless God hath predestinated him 12. None hath the place of Christ or of Peter unless he follow them in manners 13. The Pope is not the true Successor of Peter and if he follow avarice he is the Vicar of Judas Iscariot and the Cardinals are not the Successors of the Colledge of the Apostles unless they follow their manners and keep the commands of Christ 14. Doctors holding that one worthy of Ecclesiastical censure if he will not amend should be given unto Secular power assuredly in this they follow the high Priests Scribes and Pharisees in delivering Christ unto Pilate because he would not follow them in all things and they were worse murtherers then Pilate 15. Ecclesiastical obedience is an human invention and contrary to the express authority of Scripture 16. Mens works are either vicious or godly for if a man be vicious his works are vicious and if he be vertuous his works are vertuous for as mortal sin infecteth all the actions of a vicious man so vertue quickneth all the actions of a vertuous man 17. A Priest of Christ living according to his Law and having knowledge of the Scriptures and affection to edifie people should preach notwithstanding any pretended excommunication 18. Who by command accepteth the Office of a Preacher and cometh to the Office of Priest-hood should also execute that Office notwithstanding any pretended excommunication 19. By Church censures of excommunication suspension and interdiction the Clergy for their own exaltation supplant the Lay-people multiply avarice protect malice and prepare a way unto Antichrist it is an evident token that such censures proceed from Antichrist that by such censures which they call fulminations they proceed especially against them who discover the wickedness of Antichrist and he will principally maintain himself by the Clergy 20. If the Pope be an evil man especially if he be praescitus then as the Apostle Judas he is a Divel a
baptisme pennance and sacrament of the altar little or nothing differing from the Church of Rome 3. he declareth that the cause of our justification is the only mercy of the Father promised freely unto us for his son Christs sake and for the merit of his passion yet good works are necessary with inward contrition charity and other spirituall graces and good motions that is when wee have received remission of our sins or are justified we must give obedience unto God in observing his Law 4. he commandeth pastors to teach their people that images should not be worshipped and are but representers of vertue and good example and therefore no incence knieling nor offering should be done unto them 5. Saints are to be praised or Christ is to be praised in them for their graces and good example that they have left unto us but wee obtain all grace by the only Mediation of Jesus Christ and of none other 6. concerning ceremonies as holy vestures holy water bearing candles on Candlemes-day and some such others he admits them to be good so far as they put men in remembrance of spirituall things but so that they contain in them no power to remit or take a way sin c. There he addeth other iniunctions specially he causethto translate the Bible and commandeth all priests to have a Latine and English Bible lying open in their parish-churches that whosoever pleaseth may read them Then diverse images were demolished An. 1538 especially the most notable stocks of idolatry at Walsingham Worchester ... which had devices to role their â—ies and to stirre other parts of their body and many other false juglings wherewith simple people had been deceived all which was then made known and destroyed Jo. Foxe in Acts. In the same year followeth the ruine of all religious as they had been called houses by advice of the same L-Cromwell Lord of the privy seale So that all friers Nuns and sects of religion were rooted out of England to the number of 645. Abbeys priories and Nuneries and by Act of Parliament their lands did return to the heirs of the first Donours All that time Steeven Gardener Bishop of Winchester so dealt with the king by representing unto him the grudge of his subjects for rejecting the pope and for his dealing toward his wifes he had then married Anna Sister to the Duke of Cleve An. 1539. and for these his late doings that he persuadeth him for taking away suspicion of heresy to consent unto the burning of John Lambert yea Gardener prevaileth so that the king hearkned no more unto L. Cromwell but contrariwise he beheaded him and Walter L. Hungerford July 28 An. 1540. Tho. Cooper He made an Act discharging the Translation of the Bible made by W. Tindall and restraining the authorized Translation with many limitations An. 34. Henr. VIII It came then to passe that the estate of Religion seemed more and more to decay and popish injunctions were authorized establishing Transubstantiation vowes of chastity private Masses and auricular confession and forbidding communion in both kinds and marriage of priests wherefore some said Henry had forsaken the Pope but not popery and he annulled not those former Statutes Such was the craft of the venemous serpent But God raiseth up some good instruments for Thomas Cranmer archb of Canterburry resists Gardener and the Counsel of England was divided some were for the old Religion and some for the Reformed and Statutes of both sorts were in force So in one day at Smith field An. 1541. Gardener with his faction for refusing his articles caused burn three godly men Do. Robert Barnes Tho. Garret Will Jerom priests and Tho Cranmer with his side caused hang drawe and quarter other three Ed. Powell Ric. Fetherston Tho. Abell for denying the kings Supremacy and maintaining the Bishop of Rome's authority Jo. Foxe in Acts. A stranger beholding these said Good God how can men live here on the one side Papists are hanged and on the other anti-papists are burnt The people were brought marvelously into doubt of Religion All the number of them which suffered in England for maintaining Papacy which was called Treason wer 24 persons but of the other sort many were burnt and so many were imprisoned the same year that room could not be found in the prisons of London and many were kept in other houses by intercession of the L. Chanceller Audley many of them were given to the custody of Noble men where they were used favourably In that year Henry was divorced from his fourth wife by Sentence of his Clergy which did hate her for Lutheranisme as they spoke yet with her own consent and within a month he married Catherin Howard a brothers daughter of the house of Norfolk the next year she was accused of adultery with Tho. Culpeper and beheaded in the Tower with Jane Lady Rocheford as accessory unto her deeds After that Henry began to misse his good Counseller L. Cromwell and to perceive the scope of Gardener he wrote unto Archbisbop Cranmer to reforme pilgrimages and idolatry and he permits to eat flesh in Lent pretending a civill respect and the benâ—fite of the people But bloodie Gardener â—easeth not from persecution and burnt in one fire Ro. Testwood Ja. Filmer Jo. Marbeck and Antonie pierson at Winchester An. 1543 and great numbers at Calice amongst whom was the abovenamed Alex. Seton The Commissioners of this bloody Inquisition were restrained by the Lords of parliament An. 1545 that no inditements should be received against any person but by the oaths of 12. men at least of honesty credite and free of malice Item that no person should be put in ward before his enditement were heard judged except at the Kings speciall command Item An. 35. Henr. VIII c. 16. it was enacted that the king should have full authority to appoint 16. of the clergy and 16 of the Temporalty to peruse and examine the canons constitutions and ordinances Provincial and Synodal and according to their discretions with his Royall consent to setle and establish an order of Ecclesiasticall lawes to be observed in time coming in all spirituall courts As these Acts did in some measure shew the mind of the King so Gardener ceaseth not yea he spareth not the godly Lady the Kings sixth wife and sent to apprehend her but by her wisedom and submission unto the King she was saved out of the butchers handes In a word Henry was much led by his Counsellers he died in January 1547. When he saw death approaching he nameth his son Edward to be his heire and failing him he appointeth the Crown unto Mary and failing her unto Elisabeth he appointeth 16. Counsellours as Governours of his son amongst whom were Th. Cranmer and Gardener but afterward he caused to blott out Gardeners name because said he he would trouble all the rest he is of so turbulent a spirit The chieff of these Counsellers was Edward Seymer Earle of Herford uncle to king
hunger and necessities and quit the same to sustain the idle bellies of her strangers through the which in all parts rose such heavy lamentation and complaint of the Commonalty accusing the Counsell and Nobility of their sloth that as the same oppression wee doubt not hath entred in before the Justice Seat of God so it hath moved our hearts with pitty and compassion And for redress of the same with great offenses committed against the publik weell of this Realm wee have conveened here as said is and as often before have most humbly and with all reverence desired and required the said Queen Regent to redress these enormities and especially to remove her strangers from the necks of the poore commonalty and to desist from enterprising of fortification of Strengths within this realm against the expresse will of the Nobility and Counsell of the same yet wee beeing conveened the more strong for fear of her strangers who wee sawe presume no other thing but with Arms to pursue our lifes and possessions Besought her to remove our fear of the same and make the town patent to all our Soverain Lord and Ladies Lieges The same would she no way grant unto but when some of our companie in peaceable manner went to viewe the town there was great and small munition shot forth at them And seing that neither accesse was granted unto us by her nor yet she would joyn herself unto us to consult upon the affairs of our Commonwealth as wee be borne Counsellors to the same by the antient Lawes of the Realm but fearing that the judgements of the Counsell would reform as necessity required the foresaid enormities she refuseth all manner of assistance with us and by force and violence intends to suppresse the Liberties of our Commonweall and of us the favourers of the same Wee therefore so many of the Nobility Barons and Provests of our Boroughs as are touched with the care of the Commonweale unto the which wee acknowledge ourselves not only born but also sworn protectours and Defenders against all and whatsoever inuaders of the same and moved by the foresaid proceedings notorious and with the lamentable complaint of oppression of our Commonalty our fellow-members of the same Perceiving farther that the present necessity of our Common-weal may suffer no delay being conveened as said is presently in Edinburgh for support of our Commonweal and ripely consulted and advised taking the fear of God before our eies for the causes foresaid which are notorious with one consent and common vote every man in order his judgement being required in the name and authority of our Soverain Lord and Lady suspend the said Commission granted by our Sòverain to the said Queen Dowager discharging her of all administration or authority she hath or may have thereby untill the next Parliament to be set by our advice and consent And that because the said Queen by the foresaid faults notorious declares herself enemy to our Commonwell abusing the power of the said authority to the destruction of the same And likewise wee discharge all members of her said authority from henceforth and that no Coin be coined from henceforth without expresse consent of the sayd Counsell and Nobility conform to the Lawes of this realm which wee maintain And ordain this to be notified and proclaimed by officers of Arms in all head-Boroughs within the realm of Scotland In witnes of which our common consent and free Vote Wee have subscribed this present Act of suspension with our hands day year and place aforesaid And it was subscribed in this manner By us the Nobility and Commons of the Protestants of the Church of Scotland The next day this Act was proclaimed with sound of Trumpet and then they sent a Letter unto the Regent shewing her what they had done and they add And how beit wee have determined with the hazard of our lifes to set that Town at liberty wherein you have most uniustly planted your mercenary souldiers and strangers yet for the reverence wee bear unto you as being the mother of our Queen wee earnestly beseech you to depart thence at this time when wee constrained by publick necessity are by force of arms to recover it Wee further request you to bring forth of the Town with your self all that carry themselves as Ambassadours and are come into the Countrey either for taking up of controversies or assisting the government of publick affairs within the space of 24. hours And to cause the Captains Lieutenants and souldiers whose blood wee would gladly spare because of the old amity and friendship betwixt us and the Realm of France which the marriage of our Soverain Lady to that King ought rather to increase than diminish to remove themselves within the same space This Letter was subscribed by the Nobilâ—â—y and Barons October 23. After defiance on both sides Octob. 25. the town was summoned and all the Scots and French men of whatsoever degree were commanded to leave it within the space of twelve hours Some broils and discouragements But God would not as yet put an end to these troubles untill mens hearts were more discovered and his Hand were more seen and acknowledged The people were earnest to invade many were but too forward and for hast to make their scalads they made choise of St Giles church and would not give place to publick Prayers nor preaching which and other disorders gave occasion unto the Preachers to affirm that God would not suffer such contempt of his word and abuses of his Grace to be long unpunished Their most secret determinations were revealed and overthrown The Duke's friends did terrifie him and by his fear many others were troubled The hired souldiers made a mutiny because they wanted a part of their wages Whosoever had any silvervessell did profer to give it unto the Mint-house but John hart and others of that faction stole away the instruments They sent to Berwick to borrow money instantly 4000 Crowns was lent and delivered to Sir John Cocburn of Ormston the Regent had notice of it and sent the Earle of Bothvel to intercept it He had promised before to be for the Country but then he goeth wounded the gentle man took him prisoner and all that he had The Earle of Arran and a greaâ— party of the horsemen went forth to recover the prisoner they took the Earle's house but himself was gone In absence of the Horsemen these of Dundie and foot men went with some Ordance to shoot at Lieth The French men knew that they were but few and that the Horsemen were gone another way and with expedition came forth upon them The souldiers fled without stroke of sword and left the Ordinance to their enemies who followed unto Lieth-winde Upon the first alarm all men in Edinburgh made hast for relieff but then was a shout All the Frenches are entred This crie did amase many and they fled to the west port The Earle of Argile and his men did
respect of the vast charges of the Papal Chamber upon the Legats the poor Italian Bishops and other extraordinaries it were expedient to calculat the time of beginning and proceeding and that no hour be spentidly As also it is necessary that before hand his Ma. were assured of the Germans both Catholiks and Protestants and bind themselves unto the Decrees especially what things are already established should not be called into question As he had condescended to further the affairs of his Ma. by holding the Synod in that place so he craves that his sincerity be not abused unto a burdening of himself and hopeth if any shall attempt against him by caviliations or calumnies his Ma. will not marvel if he use the remedies that shall occur for defense of the authority which he hath received immediatly from God The Emperour returns answer extolling his wisdom both in remitting the Synod and in his considerations As for himself and Germany in a Decree at Ausburgh a yeare ago they all even Protestants had submitted themselves as the Copy which he sent shewes but of the particulars that are determined it will be expedient to speak of them when parties are brought together And he promiseth to be a Protector of his Holiness and of his life if occasion require About that time the Emperour propounded in another Diet at Ausburgh that now the Synod was to be opened at Trent It pleased the Popish but the Reformed submitted themselves conditionally 1. that the Pope should not preside but himself be subiect unto the Synod 2. the things that were acted against them should be rëexamined 3. The Divines of the Augustan Confession should have decisive voices Now the Emperour gives unto the Pope account of the absolute submission of the one party and of the conditions required by the other and he demandeth a copy of the Bull of convocation before it be published to the end he may make a Decree concerning it in the Diet and cause it be received by them all Those things did not please the Court of Rome and a Bull was sent conform to the late one for the Pope said If the Germans will refuse he is delivered from his fears of the Synod as also from the scandal for the want of it or if they accept it they shall not be able to practize any thing against him All both Papists and Protestants spoke against the Pop's pride appearing in that Bull but the Emperour calmed their animosities by fair promises He sent unto the Pope for more smooth words in the Bull but all in vain The opening of the Synod was appointed to be May. 1. An. 1551. In the beginning of the year the Pope consulteth how to have trusty Presidents and to save great charges many Legats must have much moneys and he dareth not trust one alone wherefore he sent Marcellus Crescentius Car. de S. Marcello Legat and two Nuntij Sebastianus Pighinus arch Bishop of Siponto and Aloiâ—us Lipomanus Bishop of Verona all of equal authority and as large as the Letters of his predecessor did bear he commanded them to open the Synod at the day appointed even though there were no other Prelats present VIII Very few Prelats came nevertheles a Session was held and a The Councel is opened Decree was published to wit The Synod is open and the next Session shall be September 1. At that day another Decree was made The third Session shall be October 2. In this second Session Letters were presented from Henry King of France the Inscription was offensive because he called A protestation of France against it them not a Synod but a Convent they refuse to open the Letter as not directed unto them Then said the Bishop of Mentz If yee will not receive Letters from the King of France calling you a holy Convent how will yee he arken unto the Protestants calling you a malignant Convent Then the Legate said The word may be taken in good part and otherwise wee protest that it shall not be prejudiciall The Contens of the Letter was to shew the equity on his part of the present warrs against the Emperour and Pope in protecting Octavius Farnes Duke of Parma he was devote unto the Apostolical See albeit he be compelled to take Arms agaigst Pope Julius he had sent unto Rome and there had protested that if the Pope do judge the protection of Parma which he had so lawfully undertaken even by the Pop's permission to be a just cause of stirring up all Europ into warr he was sory but it can not be imputed unto him who is most willing to accept the Decrees if due order be observed in making them If the Pope will continue in warring he can not send his Prelats unto Trent where they have not secure access nor can France be tied unto their Decrees but he will use the remedies of his Ancestors by National Councels When the Letters were read the Orator makes protestation to the same purpose The Speaker of the Synod after some private conference with the Legate said The Kings modesty is acceptable but they can not accept the person of the French Abbot who had made the protestation and according to Law they summon him apud acta to be present October 2 to receive answer and they forbid to make any note of these actions There was variety of opinions concerning this protestation The Imperialists said It is null because an Act of the greater part of any Vniversality is esteemed lawfull when the lesser being called will not be present and the French Bishops might have come without passing thorow any of the Pop's territories Others said To cal in word and exclude indeed is not to envite and albeit one may come from France to Trent not passing thorow the Pop's territoâ—ies yet he must come through the Emperours Laâ—â—s which is all one in respect of the time The Major part hath full authority when the lesser part can not or will not appear and is silent because silence presupposeth consent but when it protests it hath it's place especially if the hinderance be from him who calleth The French Orator said This can not be a lawfull Synod because the Presidents confer privatly with the Emperours Embassador nor communicat with any other and yet the Speaker saith The holy Synod receives the Letters and when the Letters were read the answer of the Presidents only was given in name of the Synod They can not say these are matters of smal importance seing it is a matter of dividing the Church But truly those and other delaying answers were devised untill they were informed from Rome In the mean while the French King was the more bitter against the Reformed lest he be suspected of Lutheranism The Prelats at trent held congregations now and treated of the Eâ—charist but after another manner A new methode of debating than they had done before because the Prelats understood not the subtilities of the Divines the Presidents gave
they would say Masse at Easter The Earle of Murray lamented this unto the Queen and shew what inconveniences shall follow if this be permitted After sharp reasoning it was promised that the like shall not be done again and for the same purpose order was sent to such places as were delated especially to the b. b. of Sant Andrews and Aberdeen that they should not say any Masse At that time the Queen was upon a purpose of mariage as in two years space she was twice married and thogh she never changed her mind to love religion yet upon many changes of her passions in that space of time she gave more way unto the petitions of the Church thereby to gain the affections of the subjects And though there were frequent alterations in the countrie somtrmes one partie prevailing in Court and somtimes another so that it came to lifting armes nevertheless the Church-men did still keep their assemblies Juny 25. An. 1565. conveen the Superintendents The IX Assembly Ministers and Commissioners of Shyres burghs John willock is chosen Moderator 1. The Assembly humbly requires the Nobility here present to solicite the Queen for execution of the lawes Acts lately made against the violators of the sabboth adulterers and fornicators And ordeines every Superintendent to supplicat for Cemmissions unto the Judges within their severall bounds giving them charge and power to execute punishment against the committers of these crimes 2. Others were sent unto the Queen to humbly supplicate as in former assemblies for abolishing the Masse for establishing the true religion ...... and to complain that some vaking Benefices have lately been bestowed by her Maj. on Noble men and Barons as a Benefice in Carrick was given to the Laird of Skeldrom And to supplicate that none be permitted to have office in schools Colledges nor Universities nor privatly or publickly to teach the youths but such as shall be tryed by the Superintendents and Visitors of Churches to be sound in the faith and able to teach Also for sustentation of the poore that all lands which in former times were doted unto hospitalls be restored to the same use and that all lands annuall rents and other emoluments pertaining any way to the friers of whatsoever order and annualrents altarages obites belonging then to priests be applied to the sustentation of the poor and of schools in the towns or other places where these things are to be payd And that such horrible crimes now abounding in the realm without any correction as idolatry blasphemy manifest breaking of the sabboth-day witchcraft and inchantments adultery incest maintaining of bordels murder reiff and other detestable crimes may be severely punished and Judges be appointed in every Province for execution there of and that by Act of Pa liament Lastly that some order be devised and established for ease of the poore laborers of the ground concerning their tyths which are oppressed by the Leasers of the tyths 3. Some gentle men in Kile crave that Ministers be sent unto them and they will provide them sufficiently as the Assembly shall ordain them 4. It is ordained that children shall not contract marriage without consent of their parents or in case of the parents unreasonably denying consent they shall make suite unto the Church to concurre with them in their lawfull proceedings 5. Whereas some Beneficed men in time of Papistry were permitted to keep their Benefice and now being converted take upon them the ministry in another congregation it is concluded generally that none should have two benefices or livings 6. It is ordained that Io. Knox shall receive the answers from the Commissioners which are now sent unto the Queen and he shall send these answers unto the Superintendents as also he shall advertise the faithfull of things necessaâ—y that shall happen before the next assembly which now is appointed to conveen Septemb. 25. at Edinburgh The four Gentle men and one Burgher that were appointed by the Assembly to present thir petitions unto the Queen went to Sainiohnstoun and delivered them The next day the Queen went to Dunkell and they follow when they had audience they humbly crave her answer She said Her Counsell was not there but she intends to be in Edinburgh within eight days and then they shall have an answer When these Commissioners had waited five dayes after the Queen came to Edinburgh the matter was proposed in Councell and at last it was answered by the Secretary The Queen's Majesties command is that the matter shall be reasoned in her presence which for the gravity there of can not be now concluded albeit her Majesties hath now heard more here of than ever before but with in eight dayes a great part of the Nobility is to be here and then they shall have a finall answer August 21. they receive this answer in writ To the first desiring the Masse to be abolished in the head members with punishment against the controveeners and the professed Religion to be established by Act of Parliament It is answered for her Majestes part That her Highness is no way yet persvaded in that religion nor yet that any impiety is in the Masse and therefore believes that her loving subjects wiâ—l not presse her to receive any religion against her conscience which shall be unto her a continuall trouble by remorse of conscience and there with a perpetuall unquietnes And to deale plainly with her subjects her Ma. neither will nor may leave the religion wherein she hath been brought up and believes the same to be well grounded Knowing that besids the grudge of conscience that she shall receive upon the change of religion that she shall lose the friendship of the K. of France the married Allya of this realm and of other great Princes her friends and confederats who take it ill and of whom she may look for their great support in all her necessities and having no assured consideration that may countervail the same she will beloath to put in hazard all her friends at one instant prayinig all her loving subjects seing they have had experience of her goodnes that she hath not in timepast nor intends hereafter to presse the conscience of any but that they may worship God in such sort as they are persuaded in their conscience to be best that they also will not presse her conscience As for establishing religion in the Body of the realm they themselves know as appeares by their Articles that the same can not be done by consent of her Majesty only but requires necessarily the consent of the States in Parliament and therefore so soon as the Parliament holds these things which the States agree upon among themselves her Majesty shall consent unto and in the mean time shall make sure that none be troubled for using Religion according to conscience So that none shall have cause to doubt that for religions sake mens lifes and heritages shall be in any hazard To the second article it is
publickly read I. In the beginning of the Conference it was thought good that a Supplication be penned by the Assembly concerning those that shall vote in Parliament in name of the Church This is appointed to be penned by John Row and Robert Pont and be brought unto the Assembly on Mooneday II. Concerning the Observations the Assembly proceeds as followes In Chap. 2. the 3. article is agreed-upon conform to the conference In Chap. 3. the 7. article is to be further considered the tenth article is thought plain in itselfe Concerning the advice what censure shall be put to non-residents the Church thinks meet a civill law be craved decerning the Benefice to vaik for not-residence In Chap. 4. the 9. article agreed conform to the conference and desiring the penalty of persons excommunicat to be horning or caption by speciall act of Parliament to be executed by the Treasurer or others whom it will please his Majesty to appoint In Chap. 5. agreed with the two supplications desired In Chap. 6. the perpetuity of the persons of the Elders agreed conforme Here the book of the Assembly wants two leafes Then is some what of visitation of colledges schools and hospitalls and the book wants other two leafes Then concerning commissioners of countries or Provinces and other two leafes are wanting The next assembly is appointed to conveen at Edinb Octob. 24. The historicall Narration saith All that could be obtained in this Parliament was a Commission to conferre upon the Heads of the book the Commissioners which sought the ratification of it took this for a shifting seing the book was before allowed in the conference except four particulares wherein was no difficulty and were now explaâ—â—ed by the Assembly and therefore they craved that at last so many may be ratified as were agreed upon that was not granted for Morton was the chief leader in this Parliament In the assembly October 24. David Ferguson is chosen Moderator 1. The Noble men in the town are desired to be present 2. At The 36. Assembly the desire of the assembly came the Lord Chancelor the Earle of Montrose the L. L. Sâ—ton Lindsay It was shewd by the Moderator what care and study the church had taken to entertain and keep the purity of the sincere word of God unmixt with the inventions of their own heads which their speciall care was to reserve unto the posterity and seing true religion can not continue long without good Disciplin in that part also they have employd their wit study and drawn forth of the pure fountain of Gods word such a discipline as is meet to remain in the church this they have presented unto the Kings M. with their supplication at whose direction certain commissioners were appointed to reason with these who were appointed by the church there the wholl matter being disputed it was resolved and agreed except a few heads and thereafter being presented unto the Lords of the articles that the same disciplin might take place and be established by acts lawes of the realm but their travells have not succeeded praying therefore the Nobility present alswell openly to make profession to the assembly if they will allow and maintain the religion presently established within the realm as also the disciplin and policy already mentioned and to labour at the Kings and Counsells hands for answer unto the Heads after following that is that his Gr. and Counsell will establish such heads of the policy as were already resolved and agreed-upon by the Commissioners and cause the others to be reasoned and put to an end and that his Gr. and Counsell will restore the church unto the act of Parliament concerning the thirds and that none vote in Parliament in name of the church but such as shall have commission from the church for that effect and that presentations of Benefices be directed to the commissioners of countries where the Benefices lye And to the end the matter may be the better and sooner exped that their Lordships would appoint a time convenient thereunto as they may best spare that such brethren as shall be named may wait upon their Honours The Noble men answered that some of them had made publick profession of the Religion heretofore and all now declair they embrace the religion and shall maintain the same to their power and in the other particulares they think that supplication be made unto the King and Counsell and they will insist with the King for his answer and they will shew them to morrow the time for that effect 3. The act of the preceeding assembly concerning the suspension of Benefices the Assembly otdaines it to stand in full strength untill the next Assembly 4. James boid Bishop of Glasgow being required to submitt according to tâ—e Act of the last assembly gave his answer in write as followes I understand the name office and reverence born to a Bishop to be lawfull by the Scriptures of God and being elected by the Church and King to be Bishop of Glasgow I esteem my calling and office lawfull and as for my executing of that charge committed unto mee I am content to endeavour at my utmost ability to perform the same and every point thereof and to abide the judgement of the Church from time to time if I offend in my duty Craving always a brotherly construction at their hands seing the charge is weighty and the claimes to be layd to my charge are to be examined by the Canon left by the Apostle 1 Tim. 3. as that place was pointed unto mee at my reception thereby to understand the duties of a Bishop As for my living and rents and other things granted by the Prince unto mee and my successors for serving that charge I reckon the same lawfull As to my duty unto the Supreme Magistrate in assisting his Gr. in counsell or parliament when I am craved thereunto my subjection compelles mee to obey it and it 's no hurt but good to the Church that some of our number be at the making of good lawes and ordinances in the doing whereof I protest before God I intend never to do anything but what I believe shall stand with the purity of the Scriptures and a well reformed country As also a good part of the living which I possess hath been given for that cause This answer was read and after voting is judged not satisfactory and therefore he is oâ—dered to return after noon with better resolution Here the books of the Assembly want two leafes and it appeares thaet asupplication was sent unto the King and Counsell by these imperfect words following Vices universally abounding within this realm may be punished and bridled and to insist with convenient diligence with his Ma. Counsell for granting the premisses And to reporte 5. All that are now or hereafter shal be deposed from the Ministry for their offenses shall be charged by the commissioners of the bounds to dimitt their Benefice .... and if they
command from the King and his Counsellors to entertain Mongomery and untill he were countermanded by his Majesty he will not remove him The Church having considered his answer ordaines the brethren of the Ministry who shall go in commission to Perth as they see occasion there and the grief not remedied concerning his entertaining the said Robert To proceed and appoint speciall men that shall proceed further against him with the censures of the Church according to the Acts of the Gen. assembly To whom the Church gives their full power to that effect As also the Assembly gives their commission to John Erskin of Dun the Ministers of the Kings house Ro. Pont Ja. Lowson Tho. Smeton An. Hay Da. Lindsay An. Polvart Peter Blackburn Pa. Galloway Wi. Crysteson Da. Ferguson Ia. Meluin Th. Buchanan Io. Brand Pa. Gilespy Io. Porterfield Ministers and And. Melvin To repair toward the King and Counsell to be conveened at Perth July 6. and there with all reverence due obedience and submission to present unto his Majesty and Nobility the speciall grievances of the Church conceived and given to them in write and in their names to lament and regrate the same Craving in the name and fear of the Eternall God them and every one of them to be repaired and redressed To the glory of God and welfare of his Majesty and confort of his Church And if need be with humility to conferre thereupon inform and reason And what herein shall be done to report unto the next assembly Promising to hold firm and stable what soever their brethren in the premisses shall judge righteously to be done In Sess 7. A Supplication unto the K. against his absolute power is the tenor of the grievances thus Unto your Majesty humbly mean and shew your Gr s faitfull obedient subiects the Ministers of Gods word within your Ma s realm conveened in the Generall assembly at Edinburgh Juny 17. that where as upon diverse great evident dangers appearing to the wholl Church of God and professors of his true religion in this countrey finding the authority of the Church abrogate her censures contemned and violence used against some of our brethren without punishment thereof the like hath never been seen in this realm nor in any place where the truth hath been taught and received And fearing lest your Majesty for want of information neglect in time to provide remedy for the inconvenients likely to ensue thereupon We have conveened ourselves in the fear of God and your Ma s obedience and after diligent consideration of this present estate of the Church and enormities falling forth in the same With common consent thought necessary by our Commissioners to present and open unto your Gr. certain our chief weighty griefs without hasty redress whereof the Church of God and true religion can no way stand continue in this your country 1. That your Majesty by advice of some counselers is caused to take upon your Gr. the spirituall power and authority which properly belongs unto Christ as the only King and Head of his Church the Ministery and execution thereof unto such as bear office in the ecclesiasticall Government So that in your Gr s person some men prease to erect a new Popedom as if your Majesty could not be full King and Head of this common wealth unless the Spirituall alswell as the temporall power should be put in your hand unless Christ be bereâ—t of his authority and the two jurisdictions confounded which God hath divided which tendeth directly to the wreck of all true religion as by the speciall heads following is manifest for 1. Benefices are given by absolute power to unworthy persons intruded into the Office of the Ministry without the Church's admission directly against the lawes of God and Acts of Parliament whereby church-livings come into profane mens hands and others that sell their souls and make shipwreck of conscience for pleasure of men and obtaining some worldly commodity 2. Elderships Synods and Generall assemblies are discharged by Letters of horning to proceed against manifest offenders and to use the disciplin of the Church censures according to Gods word 3. Jo. Dury by act of Counsell is suspended from preaching and banished from his flock 4. Excommunicat personsin contempt of God and his Church are entertained in chief Lords houses namely R. Mong is authorized and caused to preach and brought to your Ma s presence which is a sore wound to the consciences of them that love your Majesty and know your upbringing and an heavy scandall to all Nations professing the true religion 5. An Act or deliverance of the Counsell is made against the proceedings of the Ministry with a slanderous narrative suspending simpliciter and disannulling the excommunication justly and orderly pronounced against Robert Mongomery a rebellious and obstinate offender and troubler of the Church of God and open proclamations made according thereunto 6. Contempt of Ministers and beating John Howeson out of the judgement-seat where he was placed Moderator of the Presbytery the cruell and outragious handling of him carrying him to prison like a thief by the Provest and Bailives of Glasgow and their complices and after complaint made no order is taken therein but they are entertained as if that had been good service 7. Displacing the M. of Glasg out of his roome which without reproach he hath occupied these many years and convocation of the gentle men of the country that to effect 8. Violence used by one of your own guard to pull him out of the pulpit the day of the Communion in presence of the wholl congregation and in time of Sermon nor fault found therewith 9. The officer of the Church was cast into prison in your Gr s presence and there was keept a long time for execution of Letters against a particular scandalons man 10. Ministers Masters of Colledges and Scholares of Glasgow in time of publick fast were by letters of horning compelled to leave their flocks Schools destitute and afterwards from time to time and place to place have been delayd and continued thereby to consume them by exorbitant expences and to wreck the churches Schools where they should bear rule and charge 11. The scholars of Glasgow were invaded and their bloud cruelly shed by the Bailive and community gathered by sound of the common Bell and stroak of drum and by certain seditious men enflammed to have slain them all and to have burnt the Colledge and yet nothing done nor said to the authors of that sedition 12. Hands shaken with the bloody murderers and persecuters of the people of God by gifts received and given 13. The Duk 's Gr. often promised to reform his house and nothing is done there 4. The lawes made for maintaining true religion and punishing the enemies thereof are not put to execution So that all things go loose and worse like to ensue Many other things there be that crave present reformation where with wee think
asscribe or take upon them any part thereof in placing or displacing Ministers of Gods word in spirituall livings or offices without the Churches admission or in stopping the mouths of preachers or taking upon them the judgement and tryall of doctrin or of hindering or dis-annulling the censures of the Church or exeeming any offender there from 2. That the Presbyteries consisting of Pastors or Teachers and such as are commonly called Elders according to Gods word and now according to his Ma s direction appointed in diverse parts of this realm for disciplin and keeping order in ecclesiasticall affaires Be approved established by authority and paines prescribed against them that stubbornly oppose themselves 3. That the Synodall assemblies consisting of sundry Presbyteries and Nationall consisting of the wholl be approved and by vertue Act of Counsell presently and of Parliament hereafter have power to conveen so oft as occasion shall require to advise treat conclude and make ordinances in such things as concern the well of the Church and their charge in doctrin and disciplin with liberty to appoint times places for that effect 4. That Presbyteries and such as they will direct of their own number have the same power in designing manses gliebs and repairing of Churches as Bishops or Commissioners had before 5. That every Church have their severall Pastor to be sustained on the tyths of the parish where he serves and to that end the manses of churches that are annexed to great Benefices or prelacies be dissolved pensions given out of the tiths and tacks of the same set by the Collectors or possessors may be revoked c. Likewise a Supplication unto the King and Counsell was read for redress of many enormities 1. That the slanderous proclamation at Perth July 12. and published in all townes and parish-churches and to the perpetuall infamy of Gods servants is printed may be perused and diligently considered and triall be made whither any Minister be culpable of such odious crimes and if they be culpable that they be punished with all rigor of law And otherwise that the givers out of so blasphemous reports and devisers and diters of that infamous libell be punished accordingly And that by Act of Counsell and open proclamation the Ministry be declared innocent of such wicked and hainous crimes 2. That the unaccustomed violence used against Jo. Howeson drawing him out of the seat of the presbytery ...... And against David Weemes Minister be so punished that none be bold to attempt the like hereafter 3. That Colin Campbell Archbald and Wi. Heggets burgesses of Glasgow with their complices be punished according to justice for the uproar made by them against the Students and shedding their blood 4. that the proclamation lately made for the liberty of the Assemblies may be enlarged and more plainly cleared 5. That your Lp s will give his Majesty to understand how wicked instruments they are who persuaded his Gr. to allow and take upon himself all the mischiefs and ungodly proceedings whereby his Gr. and the Church Country were brought into such misery and danger 6. That all Acts of Counsell made against Presbyteries assemblies charging them to desist from proceeding in discipline and ecclesiasticall censures against scandalous persons be annulled and deleted and the Act made against J. Dury 7. That his Majesty and Lords will weigh what great inconvenients and absurdities fall out upon the Act of Counsell made concerning the absolute power and for removing them to delete that Act never to be remembred 8. That his Gr. and Lords provide carefully foresee that by wicked practise of dimission or association of authority the Church the Kings Majesty and country be not hurt and that the same be stayd in time 9. That the stipend appointed unto the Minister of Sterlin and now wickedly purchased by Ro. Mongomery to his young son be restored for sustentation of a qualified man to teach that flock which by his ungodly dealing and apostasy hath been destitute so long time 9. That it would please your Majesty and Lords to have compassion upon that Noble and godly man James Hamilton Earle of Arran somtyme a comfortable instrument in Reforming the Church of God and now visited by the hand of God and bereft under pretence of Law 10. That Commissioners be deputed in each part for visiting the Colledges The Assembly gives commission unto nyneteen Ministers with the Ministers of the Kings house to present this Supplication unto the Kâ—ng and the Estates now conveened at Halirud house or unto the Parliament when it shall be holden crave answer c. In the next Session these brethren report that the Lords crave the advice of the Church who should sit in their names to vote in Counsell and Parliament seing now they are about the taking order for a Counsell consisting of three Estates For better resolution in this particulare it was thought meet to enquire of the Lords what is their meaning in this proposition In the following session answer was returned that the meaning is Whither the Church will consent that some of the Bishops should for the Church be upon the Counsell The assembly resolves they can not agree that any shall vote in name of the Church but they who bear office in the Church and are authorized with commission thereunto Two Ministers are appointed to return this aâ—swer unto the Lords In this Convention of Estates nothing was done in the affaires of the Church they were all for securing themselves XX. On January 28. year 1583. the King withdrew himselfe from the 1583. Another change of Court Nobility that had separated the Duke and Arran from him and he went unto the Castle of Santandrews untill he sent for other Noble men to be of his Counsell and the entituled Earle of Arran was let out of Duplin and came unto the King whereupon in the end of that year followed great alteration The Generall assembly conveenes at Edinb April 24. Tho. The 45. Assembly Smeton is chosen Moderator I. Three Ministers were sent unto the King to humbly desire Commissioners for assisting the assembly in treating and concluding c. And seing his Majesty had sent Ambassadors into England that he would be pleased to endeavoure an union be made betwixt the two Kingdoms and other Christian Princes and Nations professing the true religion against the persecution of Papists and them that are confederat in that bloody League of Trent and also that her Majesty would disburden their Brethren of England from the yoke of ceremonies imposed upon them against the liberty contained in Gods word Likewise in Sess 5. others were ordained to supplicate his Majesty earnestly that the French Ambassador may be sent away because his travell is suspected to tend against religion and the Commonwell That a Jesuit Holt may be tryed and according to his offense punished That the Lord Seton's son may be accused for his Letters unto Jesuits That a brother of
his scruple II. The Act made in the Assembly An. 1588. concerning beggares shall be published again in all churches by the Minister there and put to execution by the Ministers so far as concerneth them as they will be answerable unto the Church III. The subscription of the book of poliey◠which was enjoyned by the preceeding assembly hath been neglected by many presbyteries therefore the Assembly ordaines the former Act to be observed before the next Assembly And the Moderator of each presbytery to see the execution thereof under the penalty of 40. sh to be employd unto the use the poor besids other censure of the Church IV. Seing sacriledge is an universall sin regning throgh the Countrey and is esteemed commonly to be no sin nor is known unto many it is thought good that this monster be described in its own colors and therefore Rob. Pont is appointed to take paines on that subject and others are appointed to visite and peruse his travells and to give him their judgements therein that the same being perfected may be presented again unto the Assembly V. Because the order heretofore in giving power unto certain brethren named to read and give answers unto the bils that are brought unto the Ge. assembly seemes unto some to be inconvenient and derogative unto the Provinciall Assemblies specially in so far as the things that were doubtsom unto them and were referred unto the full assembly are committed to the decision of four or five brethren Therefore it is appointed that hereafter that certain brethren be chosen by the Assembly who shall have only power to receive such bills read and consider if they be brought pertinently and if they be impertinent to give such answer on the back of the bill but if they be pertinent to bring them before the Assembly to be answered there yet with their opinion by word what they have considered thereof VI. These who have the name of Bishops and somtime have been in the Ministry and now neither will serve the Church whereof they take up the fruits nor pay the stipends of them that serve As they are appointed by the Plat but spend the rents on profane uses should be censured by the church and if they amend not should be excommunicated VII In Sess 11. compeare the Lord Provand President with two other Lords of the Collegde of Justice Culros Barn barrow and in name of the Session declare that they are informed that the L. of Halyairds one of their number was yester day called at the instance of Pa. Simson Min. at Sterlin for calling him a suborner or seducer which matter is presently depending before the Session being a Civill cause and proper to their cognition and the Church is not Judge thereof and therefore they crave that the Assembly should not proceed in that cause untill it take an end before them and do nothing in prejudice of the Colledge of Justice These were removed and after consultation they were called-in again answer was made The Assembly will do nothing in prejudice or to the hurt of the Session nor medle with any Civill cause but this being a matter of slander they had reason to purge their own members thereof without any prejudice of the Civill Judicature and crave that as their Lordships would not wish the hinderance of their own judicature so they would not take it ill that the Church proceed in purging their own members in an ecclesiasticall way In Sess 13. it is propounded again whether it be expedient to proceed in that cause before that the Lords of the Session had given out their Sentence decisive It was thought meet to demand the L. Justice whither he doet◠acknowledge the jurisdiction of the Church in this cause He answereth he acknowledges with reverence the judgement of the Assembly in all causes appertaining unto them but this cause is Civill whereof the Lords are Judges primariò and presently dependes before them and the Church can not be Judges primariò He is removed again and after advice he is called-in the Assembly declares that they find themselves Judges of this cause primariò and therefore will proceed in it Requiring that he will declare what he can say in the contrary He takes instruments of their interloquiture and protesteth for remede of law Because his protestation was made only verbo and containes severall heads they crave that he give his protestation unto the Clerk in write VIII An Act of the Lords of the Checker upon a Supplication made by some Ministers dated at Halyrud-house Febr. 10. 1590. declaring their meaning That all Ministers who have vitiate any Benefice of cure in wholl or in part by purchasing unto themselves their heires or assignayes or set long tacks of it within the worth thereof Be compelled by censure of the Church to restore that Benefice to the own integrity for the use of the Minister presently serving the cure And to that effect require the Generall assembly Commissioners and presbytery of the bounds where the Benefices lye to take notice of such persons and to proceed against them as said is in most strict form as such a great enormity requires ay and whill they shall redintegrate the Benefice without any other process of law The Assembly approves this Act and ordaines it to be put into execution by every Presbytery according to the tenor of it IX Forsomuch as many things have been done by Ministers and others pretending the title and name of the Church greatly prejudicial to themselves and the disciplin and the Patrimony or living of the Church And by priviledge of good lawes it is granted and lawfull unto them to remede themselves by revocation thereof Therefore the wholl assembly after deliberation have revoked and by these presents do revoke all and whatsoever thing done by them or others cloathed with the title name of the Church prejudiciall to themselves their disciplin their patrimony and living as being enormely hurt thereby And protests according to the disposition of the said law solemnely that they may be heard in time place to seek remedy thereof And it is ordained that every Presbytery shall receive a copy of this revocation and give command to the Ministers within their boundes to intimate the same from their pulpits X. A form of examination before the Communion being penned by Iohn Craig is approved and ordained to be printed XI Commissioners are appointed to present unto his Majesty and Counsell with all humility the petitions of the Assembly to wit that the Acts of Parliament that are made for suppression of the enormities following may be put to execution as against Iesuites namely Iames Gordon the reeeipters of them and excommunicate Papists namely the Laird of Fentry and the Master of Anguise profaners of Sacraments and privat men women givers thereof idolaters pilgrimages Popish Magistrats sayers hearers of Masse apostates publick markets on the Lords day violent invaders of Ministers profaning of the Lords day by
he hath committed apostasy and therefore to have incurred the censure of an apostate The next day he sendeth a supplication offering to subscribe the Confession of faith or within 40. dayes to passe out of the realm and to this effect craving to be freed from captivity The Assembly desireth a Bailive of Edinburgh present to take order with him according to the Act of Parliament and to set him free upon caution VI. Concerning the hainous murder of the Earle of Murry committed by the Earle of Huntly and his complices the Assembly gives order and strait command unto the brethren of the presbytery of Brechin who have already entered in process with him to proceed with concurrence of two brethren of each presbytery of Anguse and Merns against him for that cruell fact according to the acts of the Assembly VII Whereas an act was made in the last Parliament concerning deposed Ministers it is thought meet at the next Parliament or Convention of Estates To crave that because it hat been enacted that notwithstanding a Pastor be deposed yet the tacks and titles set by him shall stand It be now provided and added unto that Act that if the tack or title be set after the committing of the fact for which the person is deposed that such tacks factories or titles whatsoever shall be null or of none availl In the Parliament begun Juny 5. The four petitions of the Assembly were taken into consideration whereof the second and third were denied but for the first all former Acts of Parliaments for liberty of the true Church were ratified as also the Parliament ratifieth and approves the Generall assemblies appointed Act of Parliament concerning the disciplin of the Church by the Church and declares that it shal be lawfull to the Church and Ministers every year at the least and ofter pro re nata as occasion and necessity shall require to hold and keep generall assemblies Providing that the Kings Majesty or his Commissioners with them to be appointed by his Hieness be present at each generall Assem before the dissolving thereof nominate appoint time and place when or where the next generall assembly shall be holden and if neither his Ma. nor his said Commissioners be present for the time in that Town where the Assembly shal be holden in that case it be lawfull to the said Gen. assembly by themselves to nominate appoint time place where the next Gen. assembly shall be keept as they have been in use to do in time by past And also ratifieth and approves the Synodall or Provinciall assemblies to be held by the said Church and Ministers twice every year as they have been and presently are in use to do within every Province of this realm And ratifieth approves the presbyteries and particular Sessions appointed by the said Church with the wholl jurisdiction disciplin of the said Church agreed upon by his Majesty in Conference had by his Hieness with certain of the Ministers conveened for that effect of which articles the tenor followes Matters to he treated in the Provinciall assemblies These assemblies are constltute for weighty matters necessary to be treated by mutuall consent and assistance of brethren within the Province as need requires This Assembly hath power to handle order redresse all things omitted or done amisse in the particular assemblies It hath power to depose the office-bearers of that Province fot good just cause deserving deprivation and generally these Assemblies have the whol power of the particular Elderships whereof they are collected Matters to be treated in the Presbyteries The power of the Presbyteries is to give diligent labors in the bounds committed to their charge that the Churches be keept in good order to enquire diligently of naughty ungodly persons and to travell to bring them into the way again by admonition or threatning of Gods judgements or by correction It appertaines unto the Eldership to take head that the word of God be purely preached within their boundes the Sacraments rightly administred the disciplin entertained and ecclesiasticall goodes uncorruptly distributed It belongs unto this kind of assembly to cause the ordinances made by the Assemblies Provinciall Nationall or Generall to be keept and put in execution to make constitutions which concern TÃ’ PREPON in the Church for decent order in the particular Church where they govern Providing that they alter no rules made by the Provinciall or Generall Assemblies and that they make the Provinciall privy of the rules that they shall make And to abolish constitutions tending to the hurt of the same It hath power to excommunicat the obstinat formall process being led and due intervall of times observed Of particular Churches if they be lawfully ruled by sufficient Ministry Session they have power jurisdiction in their own congtegation in matters eccelesiasticall And decernes and declares the said Assemblies presbyteries and Sessions jurisdiction disciplin thereof foresaid to be in all time coming most just good and godly in the self Notwithstanding whatsoever Statutes Acts Canon Civill or Municipall lawes made in the contrair To the which and every one of them these presents shall make expresse derogation And so followes an abrogation of many Acts made in time of Papistry in favors of the Papisticall Church Also the 129. Act of the Parliament An. 1584. was annulled that it should in no way be prejudiciall nor any way derogatory to the priviledge that God hath given to the spirituall Office-bearers in the Church concerning heads of Religion matters of heresy excommunication collation or deprivation of Ministers or any the like essentiall censures specially grounded and having warrand of God's word Item then was annulled the act of that same Parliament granting commission to Bishops and other Judges constitute in Ecclesiasticall causes to receive his Hieness presentations unto Benefices to give collation thereupon and to put order in all causes ecclesiasticall which his Majesty and Estates foresaids declare to be expired in itself and to be null in time coming and of none availe force nor effect And therefore ordaines all presentations to Benefices to be directed unto the particulare Presbyteries in all time coming with full power to give collation thereupon and to put order to all matters ecclesiasticall within their boundes according to the disciplin of the Church Providing the foresaid Presbyteries be astricted bound to receive and admit whatsoever qualified Minister presented by his Majesty or laick patrones Lykwise an act that unqualified persons being deprived the Benefice vakes and the Patron not presenting the right of presentation pertaines to the Presbytery without prejudice of the tacks set before the deprivation Lykewise an Act concerning Manses and glebes at cathedrall and Abbey-churches Item an act ratifying approving all acts of Parliament Secret Counsell and all Proclamations made before against Jesuits Seminary-priests and receipters of any of them also decerning that in all time coming the saying of Masse receipting of
with advice of his Counsell certain Barons and gentle men are directed to remain in the south parts of this realm hath promitted and by these presents promits in the word of a Prince that the same Barons shall not be licenced to return unto the said north parts nor shall any favor or pardon be granted unto the said Earles Iesuits nor other above specified any order be taken nor dispenced with without the speciall knowledge and advice of the Lieutenent or Commissioner for the time and sixe of the principall Barons at least inhabitants of the said north parts subscribers of this present Band And this to do wee the said Noble men Barons and other foresaids have sworn and swear by the great God our Creatour Jesus Christ his Sone our Redeener and the Holy Ghost our Sanctifier witness of the verity here agreed upon add revenger of the breach thereof and further wee oblige us thereunto under the pain of periury infamy and losse of credite of honor estimation in time coming besides the Lawes to be executed against us In witnes whereof we have subscribed these presents with our hands as followes even as his Ma. in token of allowance and approbation of the premisses hath subscribed the same Act At Aberdien the day of March 1592. Sic subscribitur Ja. R. Lennox Athol Mar Marshall James L. Lindsay John L. Innerness John Mr of Forbes c. With this is written the Proclamation made at Halirudhouse Jan. 5 1592. 1593. according to the reckoning now Forsomuch as albeit the dangerous effects of the couered and busie travells of Jesuits Seminary-priests born subjects of this realm and others strangers in these late years have been feared and espied and for that cause by sundry lovable lawes Acts proclamations both their own remaining and the receiving of them have been prohibited under diverse high paines yet their coloured simplicity hath so far prevailed as they have not only purchased unto themselves favor credite to be keept huirded entertained in sundry parts of the realm After many promises made that they shall depart forth of the same but also have taken occasion and leisure to persuade sundry of his Hieness's subjects to apostasie from that religion wherein they were once instructed grounded and have confirmed in their errors and at last have seduced them to cast off their due obedience which they owe unto his Majesty and enter into a treasonous conspiracy for in-bringing of strangers Spainards into this realm the next Spring or sooner to the overthrow of his Hieness and all professing the true religion with him and to the ruin and conquest of this antient Kingdom and liberty which this Nation hath enioyed so many ages that it may be subject hereafter to the slavery tyranny of that proud Nation which hath made so unlawfull cruell conquest in diverse parts of the world alâ—well upon the Christians as infidels wheresoever the aid of Spain hath been sought Regarding in end no better the inbringers than them against whom they were brought being once victors commanders as easily may be proved by speciall exampls which the malitious aâ—d minaturall subjects of this Land would repute but as generall and improbable discourses published in hatred of that Nation to which they have already sold themselves slaves and are their friends factors in this Land as they speak and write Were it not thath it pleased the almighty God to make the proof heerof certain and without all doubt by detecting of the simple trueth of the intention finall causes of all the crafty practises of these pernicions trafficking Papists Jesuites and Seminary-priests against God true religion his Ma and liberty of this Country namely Mr Iames Gordon father-brother to the Earle of Huntly Ro. Abercromy father-brother to the Laird of Murtle whose letters directions advices yea and the messingers or carryers of their credits and certain others chieff instruments and furtherers of their trade God hath casten into his Hieness hands when the ship appointed for their transporting was in full readiness Whereby his Majesty is now not only sufficiently forewarned of the imminent danger to the true religion his own estate person his realm and faithfull subjects but resolved with Gods help by whose providence he hath been so wonderfully delivered from many former perrills to try the full circumstances of this so high a conspiracy and detestable treason To withstand it and punish it and on all guilty thereof in example to all posterity that none of his subjects heretofore abused and deceived by the crafty illusions of these pernicious and busie workmen shall remain any longer doubtfull of the truth of his Majesties mind intention Ordaines Letters to be directed to Officers of arms shirrefs in that part to make publication of the premisses by open proclamations at the market-crosses of the head burghs of this realm and other places needfull for warning them of the many dangers if they shall suffer themselves to be any longer in error by these deceiving spirits to the perrill of their souls landes and goods And therefore to abstain from further hearking to their treasonous persuasions and from all entertaining receiving supply intercommoning or having intelligence with them directly or indirectly under whatsoever pretext or color Under pain of treason Commanding also all sundry his Ma s faithfull obedient subjects that love feare God wish the standing wel fare of his Majesty their Soverain Lord King professing with him the true and Christian religion and desire that their own wifes chidren and posterity should now and hereafter enjoy the commodities of this their native Countrey unconquest and made slaves in souls bodies to merciless strangers That they implore the mercy protection of the Almighty God for their defense save guard and put themselves in arms by all good meanes they can remaining in full readiness to pursue or defend as they shall be certified by his Majesty or other wayes find the occasion urgent in the mean time diligently espying and getting intelligence of the treasonable courses and proceedings of the said Jesuits priests their favorers mantainers and receipters and make advertisement to his Counsell thereof with all speed celerity as they will answer unto God and his Majesty thereupon Sic subscribitur James R. These being read the Assembly gives their power commission unto Pa. Galloway Pe. Black burn Pa. Simson to give information unto his Majesty residing then at Sterlin of the evident dander imminent to the Church of God within this realm according to the instruction given unto them and to present unto his Majesty their humble articles petitions for removing the said dangers and to insist with all humility and due reverence for hit Ma s good answer thereunto and to report with all diligence his Ma s answer before the Assembly dissolve The tenor of the articles followes The same dangers which before by the crafty pernicious
use without favor and no part thereof be disponed to their friends or any other person for their commodity 6 Great reason their forsciture alwaye preceeding That all persons be inhibited under the pain of treason and losse of life lands and goods to receipt supply rise-with or concurr or have intelligence with the foresaid excommunicats under whatsoever pretense of vasalls or dependes 7 To be ready at my charge it is very meet But I understand not the last clause That all the subjects be charged to put themselves in arms by all good means they can remaning in full readines to pursue and defend as they shall be certified by his Majesty or otherwise finding occasions urgent 8 I shall omitt no diligence in that which can be required at my hands as I shall answer to God That the ship arrived at Montros be apprehended and the persons which were within her together with others which have had any dealing with them according as they shall be given up in writ be called and diligently examined for discovery of the practises and purposes which they have presently in hand 9, Distingue tempora conciliabis Scripturas The meaning of this the bearers will expound unto you Forsomuch as the Lord Hume hath controveened sundry points wherein he was obliged unto the Church of Edinb by his promise at the receiving of his subscription as in not satisfying the Synod of Fife in not receiving a Minister into his house in not removing out of his bounds Captain Andrew Gray and Thomas Tyry whereby as also by his scandalous life since his subscription he hath given just cause of suspicion unto the Church and all good men that as yet in his heart he is not sanctified truly or converted to the true religion Therefore that his Majesty would take earnest tryall of the premisses and thereby judge if there appear in him such sincerity of religion life as his Majesty may trust him and the Church may expect true friendship in so dangerous a time in the cause of religion and if that be not found that his Majesty would remove him from his company and discharge him of all publick office and command 10 The complaints belong not unto your offices alwayes That the guard presently taken up be tryed together with the Captaines because many complaints are given unto the Assembly against them IV. I have satisfied the bearers Subscribitur Iames R. Whereas a horrible superstition is used in Garioch and in other parts of the Countrey in not labouring a parcell of ground dedicated to the devill under the name of the good mans croft the Church for remedy hereof hath found meet that an article be propounded unto the Parliament that an Act may proceed for ordaining all persons possessors of such lands to cause tille and labour them before a certain day to be appointed thereunto or in case of disobedience the same landes to fall into the Kings handes to be disponed unto sueh persons as shall please his Majesty who will labor them V. Alexander Lord Hume compeares and is asked by the Moderator Whither he confesseth with his heart and mouth as before the Lord that he was justly casten out of the Church by the Sentence of excommuniation pronounced against him by the Synod of Fife and as he will answer upon pain of salvation The from of absolution of excommunication damnation to speak the truth simply He protestes and acknowledges that he was justly excommunicat and confesses his fault in deserving it Then he is asked Why he sought not to be relaxed from that Sentence according to the direction to the Presbytery of Edinburgh He excuseth himselve by ignorance of that part of the Act. And being accused Why he detained the stipends of some Ministers namely of Chirnside he answereth he is ready to pay whatsoever he oweth by law Why he hath no observed the conditions named in the Act of the Presbytery of Edinburg to wit that he should have a Minister in his Family and remove Tho. Tyry out of his company He remembreth not that he was required to have a Minister in his family but now he is willing to accept any whom the Church shall appoint as for Tho. Tyry he was in was in his service after that time but understood not that he was obliged to remove him untill the Church did excommunicate him and since that time he hath discharged removed him He is asked Whither he knew a priest named Cowy or any that was set on land out of that ship coming lately from Flanders He denieth both He is asked Whether the Jesuit Mackwherry was in his house lately He confesses that he was in this house within these five dayes and came without out his knowledge nor had he any missive or commission unto him and he stayd not above an halfhour Lastly the said Lord confesseth and protestes in the presence of God whom he takes to witness and the Lord Jesus who will judge the quick the dead that he professeth from his heart the religion pâ—esently professed by the Church here present whereof he hath already subscribed the Articles before the Presbytery of Edinburgh and now acknowledgeth to be the only true infallible religion which leadeth unto salvation and wherein he intends to live and dy and which he shall to his uttermost defend against all the enemies thereof and as he shall answer to the dreadfull God he forsakes the Romane religion as Antichristian and directly opposite to the truth of God and his true Service And these things he testifieth by lifting up his hand and declaring before God that he hath no dispensation nor indulgence to subscribe or sweare Certain brethren are appointed to conferre with him at his own lodging for the fuller tryall of his resolution On the second day thereafter Alex. L. Hume compeares and humbly craves to be absolved from the Sentence of excommunication protesting that in time coming he will give proof of obedience and service unto God and maintain the truth of His religion presently professed by the Church here present unto his lifes end and howbeit some time he had been of a different religion now he avoweth since he hath been better informed in the Heads wherein he differed the Confession of faith and religion presently professed by the Assembly and if hereafter he shall decline from it he submits himselfe unto the Censure of the Church hoping by Gods grace that he shall never make defection Because all these answers and professions have been passed by word only the Assembly judgeth it meet that some articles be written and then subscribed by him and thirdly to consider of his absolution The next day these Articles were propounded in write unto him 1. That Alexander L. Hume ratify approve the subscription and oath given by him unto the Confession of faith at Edinburgh December 22. last or subscribe again in face of the Assembly 2. That he
his kingdom you are a subject unto Christ and a member of his Church and neither Head nor King the spirituall office-bearers to whom He hath committed the Goverment of his church have power and warrant to conveen which you ought not to controll nor discharge but rath to assist Sir when you were in your swadling cloaths Christ reigned freely in this Land in despite of the enemies the office-bearers had their meetings and their meetings have been steadeable unto your Maj. when the enemies were seeking your destruction and now when such necessity urgeth them you will find fault with their conveening The wisdom of your Counsell which is pernicious is this Because Ministers and Protestants in Scotland are too strong and controle the King they must be weakned and brought low by stirring a party against them and when the King is indifferent to both both shall fly to him and so he shall be served grow in grandure and attain his purpose But this wisdom may prove foly and in serving both you shall lose the hearts of both The King setleth a litle and dimits them pleasantly promising that albeit the Convention had licenced them to make their offers they shall not be licensed untill they be out of the Countrey again and whatsoever they offer they shall find no favor at his hand till they have satisfied the Church Nevertheless they were permitted to remain and travell by their friends for reconciliation The Commissioners of the Generall Assembly and Commissioners from sundry Synodes meet at Edinb Octob. 23. as was appointed at Couper It was thought expedient that some commissioners be appointed for every quarter of the country and one of every quarter shall abide at Edinburgh monethly by turns to communicate the advertisements that shall be directed from diverse parts and to consult upon the most expedients in every case Robert Bruce Robert Pont David Lindsay Jac. Balfour Pat. Galloway and Wal. Balcanquell Ministers within the Presbytery of Edinbugh were appointed to conveen always with them From this conveention were sent unto the Presbyteries informations of the dangers arising from the forfeited Earles and for remedy the Ministers were desired to make professors sensible of the danger to keep a publick humiliation the first sunday of December to urge an universall amendement in all estates beginning at themselves to intimate solemly in all the churches the excommunication of the Apostate Earles to proceed with the censure of the Church against them who entertain any society with them or take any dealing for them quia periditatur salus Ecclesiae Reipublicae November 9. these who conveen sent Da. Lindsay Pa. Gallowav Ja. Nicolson and Ia. Melvin The third debate unto the King to crave in all humility that he would shew what moved him take so hardly with the Ministry to offer all satisfaction and to propound their grievances November 11. they report to the brethren the Kings answers There can be no agriement betwixt him and the Ministry till the marches of their Iurisdiction wer rid they should not speak in pulpit of the affaires of State and Counsell the Generall assembly should not conveen but by his authority and speciall command Synods presbyries and particular Sessions should not medle with causes whereupon his lawes strick but fornication and the like scandalls and he will be satisfied in these and such other heads As for their grievances his answer was he had granted nothing to the excommunicate Earls but what his Counsell and Estates thought needfull for the peace of the realm and upon condition that they satisfy the Church The Lady Huntly who was come to the baptisme of his Daughter is a good discreet Lady as Papists may be honest folks and his Mother was a Papist and yet an honest Woman The Lady Livinston shall satisfy the Church or els she shall not come neer his Daughter but he could not refuse to concredite her unto the Lord Livinston And they reported that they had replied The free rebuke of sin without respect of persons was warranted by Gods Word Ministers speak alway with reverence of his Majesty but can not spare the enemies of truth nor comport with any favorable dealing shewd towards them The discipline of the Church was established after many conferences upon evident grounds of Gods Word by his Majesties lawes and Acts of Parliament and use and practise following His Majesty had not done well in granting any favor to the forfeited Earls till they had been out of the Countrey and all that the favor shewd unto Papists moveth good men to suspect his Majesty especially if the Lady Huntly come to the baptism pulpits would sound against it and the committing of his Daughter unto the Lady Livinston's custody will be thought a speciall pledge of his favor unto Papists When the brethren heard this report they perceived clearly that the ruine of the liberty of Christs Kingdom was intended and seing the King had uttered his mind so plainly they thought meet to advertise the Presbyteries and exhort the brethren to study diligently the grounds of disciplin and that they argue not upon articles which are to be sent unto them from the King till their Commissioners be advised For they feared to call into question the determined and undoubted disciplin of Christs Church Here yee may see the alteration of discipline was intended before December and I have heard saith David Black he there that the King had a role of Ministers whom he purposed to preferre unto Bishopricks before December 17. The same elleventh day of November they were enformed certanly that David Black Minister at Santand was to be charged to compear before the King and his Counsell for some words spoken in a Sermon in October The next day the foresaid Ministers were sent again unto the King to understand what were his doutbs A fourth debate questions he had to propound concerning the marches and calling of the Ministry and to advertise his Majesty how it is taken hardly that Ministers of Gods word be vexed and charged for calumnies and triffling delations when the enemies of Gods truth are favored and over seen They reported on November 15. that they had received no good answer because his own Minister Pa. Galloway had said unto him in a private conference The Church gote fair words and promises without effect but the enemies gote the good deeds Nevertheless the same brethren excepting Patrick were directed again to insist earnestly upon this point that order be taken with the common enemy ere any controversie be intended against the Church or any Minister otherwise to let him understand that all the world will say Nothing was intended but benefite to the enemies and trouble unto the Church The King answered He had thought much of that matter only let David Black compear and if he be innocent purge himself in judgement but take heed that he decline not my judicatury For if he do so it will be worse The brethren
disposed friends to provide sufficient stipends unto his churches 10. That he shall acknowledge his faults for which he was justly excommunicat especially his apostasy and the burning of Dunibr 11. That he shall have an ord Minister continually resident in his family With power to them to conveen March 22. instant or sooner if they can and to confer with Huntly and to resolve in the articles named and to report his resolution at the next Gen. Assembly to be holden at Dundy May 10. next III. Upon petitions presented in names of the Earls of Anguse and Arroll the Ministers of Murray and Aberdien are ordained to confer likewise with Arroll and the Ministers of Anguse Merns are ordained to confer with the Earle of Anguse Upon the same articles excepting these concerning the slaughter of Murray and to report their resolutions as said is And these commissions to be extended unto the Lairds of Bonitoun and Newtoun if they offer themselves to satisfy the Church And if these excommunicat persons or any of them shall resort to any other place within the realm the assembly gives full power and commission to the Ministers of the Presbytery where they shall happen to resort to travell and confer with them in the above written articles IV. Articles sent unto the King by the Ministry are 1. It is humbly craved that your Majesty with advice of the Estates presently conveened considering how it hath pleased God to give good success to this present convention and that all things here concluded tend to the peace and quietness of the whole estates within this Country and the disappointing of the expectation of the adversaries Would publish by open proclamation the good successe of this present convention Together with the declaration of your Ma s intention uttered by your selfe at this time in presence of your Estates Declaring your good will to maintain the true religion presently professed within your Country with the disciplin adjoyned thereunto and the Ministers to whom the charge of the same is committed And to declare that your Majesties will is that whatsoever law Act or proclamation hath been made prejudiciall to the same shall be esteemed contrary to your Majesties meaning and to have no force nor effect in any time hereafter And that none of your subjects pretend under color thereof to molest or trouble any of the saids Ministers but that they be under your Majesties protection And that you will esteem the controveeners as troublers of your estaâ—e and punish them accordingly 2. That all Papists Jesuits and excommunicates remaining within the Countrey be charged to passe out of it before May 1. next or to satisfy the Church and if they obey not before that day that Sherifs Provests and Bailives be commanded to apprehend them within their bounds and present them unto your Ma. or Counsell to be punished according to lawes And if these be negligent in apprehending them that commssion be given to certain most zealous persons and willing to do the same 3. That it may please your Majesty according to your wonted clemency to relaxe presently the Ministers of Edinb from the horn and suffer them peaceably to remain within the Country as also to relieve and set at freedom the Gentle men Professors of Religion who now are under challenge seing your Majesty knowes that their love to Religion moved them to these things where with they are burdened 4. Seing Edinburgh hath that honor to be the chief Burgh of this country and the place where Religion since the beginning hath been most florishing and now are both destitute of their own Ministers and called from time to time before your Majesty which is no small grief to their hearts in respect your Majesty knowes that the greatest part of the Town are most willing to give your Majesty all obedience and to hazard life and substance for your Majesties standing That it may please your Majesty favorably to deal with them according to your accustomed gentleness that it may appeare your Majesty is more enclined to shew favor unto them who mean uprightly unto your Hieness than to Papists wee are moved to crave this that all your subjects may see a generall agreement 5. That it may please your Majesty seeing David Black hath obeyed the things were enjoyned unto him to give him lyberty to return to his flock and also John Welsh and John Howeson 6. Because many complaints of hurting mutilating Ministers are given in before us namely ...... We most humbly crave that your Majesty will take some substantiall order for punishing the offenders to the example of others 7. That provision be made for planting of Churches and that the augmentations and planting of new Churches ordained in the year 1595 be allowed Follow the answers The first is granted in substance the 2. is granted concerning the first part of the 3. the Ministers of Edinburg are ordained to be relaxed upon caution that they shall underly the law as for these Gentle men let them by mediation of friends be suiters for themselves As for the 4. his Majesty will no way trouble innocent men but only the guilty and mindeth to be at a point with them shortly Concerning the 6. a commission is ordained to call and punish the offenders And certain persons are appointed to take order alswell for planting churches as with the augmentations that are granted So it is written in the book B. Spotswood shewes that the advice of the deputed Ministers concerning the 13. articles was conceived by them otherwise as 1. They held it not expedient to make any law or Act of that matter lest a door be opened to turbulent spirits otherwise they did think it lawfull to his Majesty by himself or by his Commissioners to propound in a Gen. assembly what soever point his Majesty desired to be resolved in or to be reformed in specie externi ordinis seing substantia externae administrationis Eccelesiasticae est plenissime prodita insacris literis ...... For the. 2. Their advice was that that the Acts already made which are hurtfull to religion and prejudiciall to the liberty of the word should be discharged and no Act to be past hereafter concerning religion without advice consent of the Church As for matters of Estate mentioned in the article they craved a further explanation of that point He goeth on in the rest of them in that manner and he saith that the King held not these sufficient and a little after he saith Hereupon ensued a reasoning which keeped a long time and ended in good agreement and so the Ministers were dimitted to wit from the Counsell and assembling in the ordinary place they corrected their first answers in this sort to wit as it is written But how long time that reasoning did take up it may be understood that the assembly did conveen first in the church where the Kings Commissioners desired them to go unto the King and all the speaches on both sides
were crossed When the time appointed by the last assembly was approaching the Lord Scoon brought from Court among other articles one for delaying the Assembly The commissioners of the Generall assembly sent their Missives unto the presbyteries in Juny and prorogated the assembly untill the first tuysday of July in the year 1605. or a â—horter diet upon new advertisment at his Majesties pleasure The presbyteries unwillng to offend the King acquiesce yet they ceased not to crave the hastning of the time because of urgent necessities as of iniquity abounding idolatry waxing Jesuits and Seminary-priests traficking through the countrey securely malefactors â—luding the inferior Judicatories by appellations to the generall assembly which they say will never bee The presbytery of Santandr resolved to keep the day that was appointed before because the warrant of keeping it was safer than the warrant of delaying and the rather that the intended Union was nothing hindered thereby So James Melvin William Erskin and William Murray were directed as their commissioners they presented their commission in the church of Aberdien upon the last tuysday of July about four a clock in the after-noon before two Ministers of the town the Minister at Nig the town-Commissary and two Notaries and other witnesses and made their protestation both by word and writ subscribed with their hands that they appear there for keeping the assembly and that it desert not so far as in them lieth and they protest that whatsoever detriment or prejudice befalleth the Church of Scotland by neglecting the Assem it be not imputed unto the presbytery of Santand and for remedy agreeable to the word of God lawes of the realm acts and constitutions of the Church antient practise and liberties thereof when God shall think expedient Albeit that day was not keept yet it was delayd because of his Ma s Missive directed unto the presbyteries and subscribed by his Majesties commissioner and Moderator of the last assembly and another day was appointed the first tuysday of July year 1605. at the farrest or sooner as is before The best affected in the North were touched with remorse for their own neglect when they saw the carefulness of the presbytery of Santandrews These three Brethren advised them to direct from their next Synod which was to be in August at Aberdien their Letters into other Synods entreating them to send some of their number unto the ensuing Synod of Fife at Santandrews where they may lay open their grievances and concurr in craving a generall assembly In the Parliament held at Perth July 11. when Commissioners were chosen to treat with England concerning the Union some Noble men and Barons and Burgesses craved a clause to be inserted in the Commission for preserving the estate of religion and disciplin in it's own freedom sincerity And they craved the assistance of the Commissioners of the generall assembly but these bewrayd their intentions to overthrow the disciplin notwithstanding their contrary promises and protestations Nevertheless no in convenent followed at that time because the Union was crossed A great number of Ministers conveened at Santandrews specially from the South and West parts Sir Alexander Straton of Laureston the Kings Commissioner in Church affaires was informed that they intended to hold a Nationall assembly therefore he went thether with Letters from the Counsell in readiness to discharge their meeting but when he saw their proceedings he approved all and advised them to warn other synods to direct their commissioners unto Perth in October to conveen with the commissioners of the generall assembly When they were assembled Laureston willed the commissioners of the synods to conveen apart to consider of their articles and petitions which they would send with him unto the King They went so and declared theit griefs one to another regrating heavily the decay of the liberty of the Church the usurpation of the commissioners of the Generall assembly who take unto them all the government of the Church the inconveniences falling out thereby in all the Provinces and the want of a generall assembly How soon these things were made known unto these generall commissioners they would not suffer the others any more to conveen apart When they conveened all together they insisted most upon two grievances one that the commissioners of the last generall assembly or rather some few of them arrogated to themselves all the government of the Church and power of the generall assembly doing and undoing at their pleasure under the name of it and redacting the Church into an oligarchy albeit their commission be expired with the date of the last appointed assembly The other that the new named Bishops took the boldness to reason and vote in Parliament without any commission from the Church Unto the first they answered Their commission should continue till the next assembly they were weary of that office but the King would deal with no others and that yee will find if yee attempt any thing without us This last was true but better none at all then such As for the first part the effects proved that they were not weary for to the end they might continue they procured the prorogation of the assemblies and their commission was the chief means whereby they wrought their advancement Unto the next both the Bishops and others not yet promoted answered Let the breakers of the cautions be seveerly censured I wish said George Graham he were hang'd above all thieves who preaseth not to his uttermost to see the cautions keept for holding out corruption and the pride and tyranny of Bishops And nevertheless he accepted first the Bishoprik of Dunblain and then of Orknay never acknowledging the assembly and contrary to his many promises The others replied Not a jote of the cautions is keept either in the entring of Bishops or in their administration they leave their flocks run Post to Court and return Lord Bishop The other generall commissioners said They may reserve their grievances unto the next generall assembly where they promised their concurrence or if they failed they were never to be esteemed as brethren It was replied All grievances are remitted unto the generall assembly and in the mean while those who feared censure and had credite at Court procured delayes untill custom corroborat their corruptions and means were used even among Ministers for their advantage and continuance betwixt them and Christ be it when he shall call them to account In end they agreed on four points to be petitioned 1. That a generall assembly may without offence to his Majesty be held according to the Act of Parliament and former custom 2. That order may be taken with Papists and contemners of the Church-disciplin 3. That their godly and faithfull brethren who are persecuted by the English Bishops may be permitted to exercize their Calling 4. Concerning the Plat which in then last meeting had prejudged sundry Ministers Laureston promised to deal faithfully with the King in these particulars but 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
which charge by diverse supplications given-in unto the Counsell the impannelled offred to reduce and to disprove but could not be heard and yet by vertue of that forged charge were they put to the horn Albeit all those former intimations of his Majesties will were true and had come to their knowledge yet could they not truly be found guilty of contempt sedition in their meeting proceeding in respect of an Act of Parliament James 6 parl 6. An. 1579. act 92 and law made in King Robert 2. and cited de verborum significatione both shewing the Civill jurisdiction judgement to be free from all contempt of his Majesties authority or of the Lords of Secret Counsell albeit they shall proceed in judgement according to law notwithstanding any privy writing charge or command directed unto them in the contrary by his Majesty or Counsell or any command directed unto them under the great Seal or Signet or privy seal repugnant to law whereupon it must follow much more A spirituall Judicatory which hath not institution or ground from Civill authority but from Gods word which is in nature different and distinguished both by the ordinance of God and lawes of the Land albeit the Iudicatory is not instituted yet is approved by Acts of Parliament may proceed lawfully notwithstanding any signification of his Majesties will or of the Counsell in the contrary and yet be free of all contempt or seditious proceeding And in the assembly at Dundy 1597. Sess 7. the article concerning no convention of Pastors without his Majesties knowledge and consent the King being present declared his consent to be extended unto all and whatsoever generall assembly or speciall permitted and authorized by his lawes accordingly as they have warrant in the word of God as being the most authentick form of consent that any King can give Next the Kings Commissioner was present with them consented unto their down-sitting acknowledged their authority by presenting the Counsels Letter craved answer unto it and consented unto sâ—ndry things done there his consent was craved in every thing and obtained in some As for the formality of their proceeding the work being such as concerned the house of God and so therein being subject unto the censure of the Overseers of Gods house so they submit themselves and their proceedings to be censured judged according to the word of God by a lawfull free generall assembly and in their apologies written upon occasion at other times they make clear their formality as 1. Whereas the Moderator of the last assembly was not present it could be no impediment of holding the assembly seing his absence was through his fault 2. His preaching was supplied by the teaching of the ordinary Minister of the town 3. As for the election of a new Moderator after prayer by the Moderator of the late Synod at their appointment liets were made and it was needless to remove them who were upon the liets Such circumstances are not to be stood upon when the substance was in perrill Neither have they reason to alledge this objection who have challenged it if they would call to mind how in the assembly at Perth An. 1596. without any election or liets the late Moderator being absent David Lindsay at the nomination of two or three Brethren entred Moderator others who were present not being asked 4. The ordinary Clerck refused to do his office because he was threatned by Laureston Therefore he was dispenced with and of their number one was chosen pro illa vice as is the custom of Synods Presbyteries 5. The place was not privat but where the Presbytery and Synod sat ordinarily and al 's publick as the Counsell-house of Dundy or Edinburgh where Generall assemblies have been held As for their paucity that proceeded partly from the weather and partly by a trick of the Commissioners pointing in their last Letter at another day then which was appointed before And in the assembly of Gods servants where the number is not defined by a law rarity makes it not unlawfull if the meeting be ordinary and established by law unto which all who have interess may resort and which may be judged lawfull or approved by the next ordinary meeting as this hath been already approved by many Presbyteries 3. For any thing that was done there were moe than needed a sufficient number to sense or begin an assembly by prayer and to adjourny it unto another day for causes moving and a prayer in end This hath been practized in the Parliaments and in Church as at Santandrews in April An. 1597. As for them who came after the dissolving they had the like commission and warrands to come and were stayd as said is and when they came they could find no unlawfulness in the proceedings of their Brethren and seing their approbation concerned only the written process according to the subscribed copy which they received equity requires that the Generall Assembly should judge thereof before it be called unlawfull In the written process they found no signification of any proceeding charge which is the chief ground of the alledged contempt Lastly it is against all order that commissioners directed from the Presbyteries should be challenged for executing their commission namely when their execution is approved by their Presbyteries and the Presbyteries are not challenged After the Advocat the prisoners so cleared themselves and their cause that their adversaries were astonished their doubting Brethren resolved and every one that stood-by were satisfied Then the Interloquiture went-on not by voting formally but after secret rounding All the exceptions and defences were rejected and the Interloquiture was pronounced in name of all the Assessors consenting howbeit some made opposition in the mean time Yea some of the Counsell reported that none consented but the Earl of Dunbar the President the Chancelor the Earl of Montrose and the Controler Neither was the cause reasoned in presence of the Assise the most part of them not having entred into the place of judgement untill they were called to take their oath and to be enclosed Those were John Livinston of Dâ—nipace Sir Archbald Sterlin of Kier Sir John Forrest of Carden Sir John hume of North-Berwik James Shaw of Sawchy James Swenton of Innerkithen a Papist Henry Stuart of Craig-hall a dissolute man Sir George Hume of Broxmouth George Hume of the Deans Gawin Hume of Johnscleuch Thomas Livinston of Pantoun Robert Livinston of Westquarter Sir Patrik Hume of Polwart James Gib younger of Caribben and Alexand. Hume of Rentoun Craig-hall was chosen Chancellor of the Assise or Foreman of the Jury Their Advocat exhorted the Iury to consider that it was not the naked deed of Declining that was the dittay of the impannelled but the quality of the deed to wit a treasonous declinature which was to be tryed Therefore willed them to judge whether it was treason or not But the Kings Advocat charged them to find only whether the prisoners had declined the Councels