Articles but such as may be thought to have been venemous accusations for the practice of these enemies was ever to make truth odious or uttered obscurely or of not so great importance The Bishop said to Adam Reed Reed beleevest thou that God is in Heaven Adam answered Not as I do the Sacraments seven The Bishop said unto the King Sir Io he denieth that God is in Heaven The King said Adam what saiest thou He answered If it please your Majesty hear the end between the churl and me Then turning to the Bishop he said I neither think nor beleeve as thou thinkest but I am most assured that God is not only in Heaven but also on Earth but thou and thy faction declare by your works that either God is not at all or that he is so set up in Heaven that he regards not what is done upon the Earth for if thou didst beleeve firmly that God is in Heaven thou wouldest not make thy self check-mate to the King and altogether forget the charge that Jesus Christ gave unto his Apostles To preach his Gospel and not to play the proud Prelates as all the rabble of you do now And then he said unto the King Sir judge now whether the Bishop or I do beleeve best that God is in Heaven The Bishop could not revenge himself as he would and other taunts were given him But the King willing to put an end said unto Adam Wilt thou burn thy bill He answered Sir The Bishop's if you will With these and the like scoffs the Bishop and his party were so dashed that the greatest part of the accusations was turned into laughter and the King would not condemn them After that time none was accused for religion in the space of 30. years CHAP. V. Of COUNCELS 1. I Resume the narration of Councels not for any profitable information that may be reaped from their Decrees but rather that the wickedness of the Popes may appear the more clearly partly as it was condemned by these Councels in former times and partly as it did overrule and abuse some of them by crafty policies 2. The Cardinals of both the Popes Gregory and Benedict left them and A Councel at Pisa assembled a Councel at Pisa An. 1409. The Bishop Tarracon had a Sermon on the Text Purge out the Leaven c. He said These two were no more Popes then his shooes were Popes they are worse then Anna and Caiaphas and are like to Divels The definitive Sentence was pronounced that both Benedict and Gregory were Schismaticks and Hereticks and worthy to be deposed for their horrible sins The Acts of them both in the preceding year were annulled Alexander the V. was chosen Pope and an Epistle was written in his name unto the Bishop of Paris where the other two Popes are called the enemies of God and his Church and it is declared that they were deposed for their notorious crimes Ph. Mornae in Myster ex Monstrelet vol. 1. cap. 52. 53. 57. This Councel saith Bellarmin de Concil was a General Councel but it seems neither to be approved nor rejected since Antoninus affirmeth par 3. tit 22. cap. 5. that it was an unlawfull and not a true Councel and the event proves the same because it took not away but augmented the Schism And yet saith Bellarm. if it had been condemned without all doubt Pope Alexander the VI. had not called himself the sixth but the fifth Mark this reason yea it is almost the common opinion that Alexander and his Successour John were true Popes as indeed of those three they were most reverenced So he 3. In the year 1410. Pope John assembled a Councel at Rome a Mass A Councel at Rome of the Holy Ghost was said after the custom The Pope sitting in his Chair behold an ugly and dreadfull Owl coming from behind him flew too and fro with an ill-favoured shouting and standing sometimes upon a middle beam of the Church looked with staring eies upon the Pope All the people marvelled that such a night Fowl came in the day amongst such a multitude judging it an ominous token for behold said they how the Spirit appears in the shape of an Owl As they beheld one another scarcely could they keep their countenances from laughter Pope John began to sweat and to fret within and not finding by what means he could salve the matter he arose and went away In another Session the Owl appeared again and ever looked towards the Pope he was ashamed and commanded to drive her away but she was not afraid of their cries nor the things that were thrown at her and never removed untill they killed her They who were present did scoff at the Councel and went away and nothing was acted Nic. Clemangis in Fascic rer expetend 4. By much travel of the Emperour Sigismund was assembled An. 1414. at The 〈◊〉 at 〈◊〉 Constance a Councel of 309. Bishops 600. other Fathers 24. Dukes 140. Counts many Delegates from Cities and Incorporations and from Universities and many learned Lawyers with consent of Pope John All particulars were decided by the suffrages of four Nations to wit German Italian French and English every Nation had their several places and Presidents who continued not constantly but were often changed Here were 45. Sessions and many things concluded the principal were these In Sess 1. Nov. 16. it was determined with consent of P. John sitting as President that the Councel was lawfully called and the Ministers and Officials of the Councel were named In Sess 2. Mar. 2. An. 1215. the Emperor being present the Pope gave his renunciation in this manner I John Pope XXIV for the quieting of all Christian people do promise swear and vow unto God and the Church and this sacred Councel that I shal willingly and freely give peace unto the Church of Christ by way of simple renunciation of the Papacy and to do and fulfil it effectually with the advice of the present Councel if and when Peter de Luna Benedict the XIII and Angelus de Corario Greg. the XII so called in the time of their obedience shal by themselves or by their lawful Proctors forsake simply the Title which they pretend c. Instruments were taken thereupon In Sess 3. Mar. 25. it was ordained that the departing of the Pope should be no hindrance but the Councel may proceed Item that the Councel should not be dissolved until the Schism be removed and the Church be REFORMED in head and members In Sess 4. March 30. This Synod being assembled in the Holy Ghost and representing the Catholick Church militant hath immediate power from Christ unto which every man shall be obedient in things concerning faith extirpation of schism and general reformation of the Church both in head and members Item Pope John should not withdraw any Official of the Councel and if he shall attempt to do so or hath atempted it by censures and excommunications none of those things shal
be advised hereupon against mooneday when every Presbytery shall have readie the names of such as they think meet for their presbytery to attend the Plat for Churches admit persons presented to Benefices and to designe Manses In Sess 15. Whereas before Commissioners of countries had the charge to enroll the Ministers their stipends at the Plat to receive presentations and to give collation to designe Manfes and gliebs henceforth the well constitute presbyteries and each one of them shall yearly ay and while the necessity thereof craves elect out of their number a brother in name of the Presbytery for enrolling expedition of their stipend at the Plat authorized instructed by them with commission subscribed by the Moderator and Clerk of the Presbytery To be shewed and produced unto the Modefiers And the same Commissioner to designe Manses gliebs within the bounds of their presbytery And in all things concerning the execution of his commission to be countable and subject to the judgement censure of the Presbytery from which he receives it And that all presentations be directed â—n time coming unto the Presbytery where the Benefice lyeth Providing in admission and deprivation of Ministers within Buchan Aberdien Garioch and Marre that Aberdien Buchan proceed with mutuall advice and so Marre Garioch likewise with mutuall advice and in case of wariance there the matter shall be referred to the Generall assembly X. It is thought meet for the common profite of all the people that an uniform order be keept in examination before the Communion and to this end that a short form of examination be penned before the next assembly whereunto four persons are named XI Because the patrimony of the Church hath been wasted by these who had the title of Benefices and thereby the provision of the Ministry failes All presbyteries are commanded to try the Beneficed within their boundes and in what condition they received their Benefice and in what condition they are presently and who have set tacks or have disponed the title of their Benefice or any part thereof without consent of the Generall assembly And to report unto the Provinciall Synod what they have found and the Synod to try if any thing hath been neglected by them and report unto the next Generall assembly XII Gâ—eat slander lyeth upon the Church through manifold murders notorious adulteries and incests and the parties being brought under process oftymes elude the Church by shifting from place to place so that the process can not be brought well to a finall Sentence therefore it is voted Whither parties falling into so odious crimes may summarily upon the notoriety of the crime be excommunicated and it is concluded affirmativè XIII Forsomuch as the dangerous inâ—urrection at the bridge of Dee being considered to have notoriously imported speciall prejudice to the true religion and the speciall authours and enterprisers thereof continuing under that slander have never intended to purge themselves thereof by confessing their offence Therefore the Assembly gives their power and commission unto the Presbytery of Edinhurgh with other nyne Ministers then named to summon before them in Edinburgh the Earls Lords Barous and free holders who were at that insurrection and to charge them to confesse their offense against the true Church of God and his religion and to make satisfaction for the slander committed by them Under the pain of excommunication And that before the first day of February next Referring to their discretion the particular dyets and order of process to be keept therein Providing that this commission be execute before the said day and requiring John Craig to remember this matter unto these commissioners as he will eschue the blame of the brethren in case of negligence Many things may be observed in this Assembly as 1. Their impartiality without respect of persons of whatsoever condition 2. B Spotswood reportes the Kings presence and many of his words in this assembly whereby he confutes what he had said before of the Kings dissimulation and indignation against the Assembly but he omittes what was done concerning the disciplin because though he and some others were present and voted unto â—hese Acts concerning the disciplin yet afterwards he and they became enemies thereof and accepted Bishopricks yea and the same year the K. hearing of the afflictions of the Antiepiscopal party in England wrote unto the Queen in their favors as also he did again in the year following as witnesseth Fuller in Church-histo li. 9. and expresseth the second Letter thus Hearing of the apprehension of Mr Vdall and Mr Cartwright and certain other Ministers of the Evangel within your realm of whose good erudition and faithfull travels in the Church we hear a very credible commendation howsoever that their diversity from the Bishops and others of your clergy in matters touching them in conscience hath been a mean by their delation to work them your disliking at this present we can not weighing the duty which we owe to such as are afflicted for their conscience in that profession but by our most effectuous and earnest Letter interpone us at your hands to stay any harder usage of them for that cause Requesting you most earnestly that for our cause and intercession it may please you to let them be relieved of their present strait and whatsoever further accusation or suit depending on that ground Respecting both their former merit in setting forth the Evangel the simplicity of their conscience in this defence which can not well be their let by communion and the great slander which can not fail to fall out upon their further streighting for any such occasion Which we assure us your zeal to religion besides the expectation we have of your good will to pleasure us will willingly accord to our request having such proofs from time to time of our like disposition to you in any matters which you recommend unto us ...... Dated Edinburgh June 12. 1591. Fuller saith One word from archb Whitgift befriended Mr Cartwright more then both the Letters from the King of Scotland But who can tell whither the archbishop was not moved with the earnestness of these Letters from such a Soliciter to speak a word for his antagonist lest he had been set at liberty whither he would or not Howsoever it was these Letters shew the Kings affection unto the cause and his esteem of their persons XXVIII The Nationall Assembly conveens at Edinburgh July 2. The 53. Assembly 1591. Nicol dalgleish is chosen Moderator I. Because the Assembly hath changed their place whereupon some may doubt of the authority thereof It is voted and coucluded that there is a reasonable and weighty cause for the change and that nothing is done in prejudice of their power seing the cause is the desire of his Ma. who for sundry reasons hath willed the Ass to site heerat this time and if any brother craves to be further satisfied the brethren of the Conference will resolve
a strong Fort set up against the freedom of the Gospell and to give thanks unto God for unity of Spirit among themselves Immediatly after the dissolving the Threasurer Provest of Edinburgh crave conference with Robert Bruce Robert Rollock James Nicolson James Melvin They say the King notwithstanding the Interloquiture intendeth not extremity against that Minister but for maintaining peace with the Church he would pardon him if they would bring him unto his Majesty and cause him declare the truth in all the points libelled After deliberation they answer If it were but one mans particular that were in question or danger his Majesties offer were thankfully to be accepted But it is the liberty of the Gospell which was grievously wounded in the discipline thereof by the proclamation on Saturday last and now in the preaching of the word by usurping the judicatory thereof If the King had taken that mans life or of moe he could not have wounded the hearts of the brethren more deeply nor done such injury unto Christ they can no way be content unless these things be retreated and amended but must oppose such proceedings with extream hazerd of their lifes The Messingers taking up the weight of the matter were much moved and returned unto the King with their answer The next day a gentle man of the kings Chamber came timously to one of the brethren and craved the bent of the doctrine might be stayd that day not doubting but his Maj. will satisfy them It was answered The edge of the doctrin can not be blunted without evident appearance of amendement of wrongs yet he and another went unto the king and these returning reported the kings mind and offers to declare his meaning concerning the proclamations and the Interloquiture The brethren reioice not a litle they set down his offers in writ amending some points they write the grounds articles of agreement that the k. might see whither they were according to his meaning The brether which were directed unto him found him well content wâ—th the articles he said he wold abolish the two Acts which were proclamed and not suffer them to be booked and of his own accord he offered to write unto the Presbyteries and satisfy them concerning the Interloquiture if they shall give him a band of dutifulness in their doctrin on the other part As for Da. Black let him come and declare his conscience concerning the libell before David Lindsay James Nicolson Thomas Buchanan and thereafter he shal be content to do what they shall judge meet In the afternoon they returning found the King changed he directeth David Lindsay to crave of David Black that he compear before the Counsell and there confesse an offense done to the Queen at least and so receive pardon David Black refuseth to confesse for in so doing he shall acknowledge the Counsell to be Judges of his Sermons and approve their proceedings to be lawfull when they had summoned him and admitted ignorant and partially affected persons lying under the censures of the Church at his procurement to be witnesses albeit he hath ample testimonialls of Provest Bailives Counsell Church-â—ession of the Rector the Dean of faculty Principalls of the Colledges Regents and other members of the University his dayly auditors all which were produced for him but if it would please his Maj. to remit him unto his ordinary Iudge the Ecclesiasticall Senate he will depone the truth willingly in every point and underly their censure and ordinance if found guilty The King went to Counsell David Black not compearing the deposition of the witnesses is read the points of the libell are declared to be proved and the punishment is referred unto the King The Acts of proclamation and whole process is registred The doctrine in Sermon soundeth frâ—ely in the old manner The king craves conference again with the same Ministers After much reasoning they return unto Articles and grounds of agreement then was produced a form of declaration concerning the proclamation another of the charge and a Missive unto the Presb of Edinb concerning the Interloquiture When these btethren had caused diverse things to be amended they received them to be coÌ„muicated unto the commissioners and others waiting upon their returning The formes and declarations being considered were not found sufficient to repair the injuries done but rather ratified the same Other formes and declarations were devised and a Missive unto the Presbytery as also an Act of their dutifull obedience Sundry conferences past betwixt the king and Counsell and the three Ministers above named but without success for on wednesday December â— these three Ministers reported unto a frequent meeting of their brethren come from sundry Provinces and joyning with the Commissioners that the king in presence of the Counsell refused to accept that form of Letter written by them to be sent unto the Presbyteries beâ—ause it imported albeit indirectly an annulling of the Interloquiture 2. He refused the Act of dutifull obedience as not sufficient because it contained not a simple Band of not speaking against the King and his Counsell but limited with certain conditions which would ever come again into question and turn to the controversie of the Judicatory Note this 3. The formes of declaration that was penned by the brethren was refused because they imported a plain retracting of the proclamations and an acknowledgement of an offense 4. The King will no way pass from the interloquiture nor suspend the execution of it untill a Generall assembly but seing the punishment is in his will he will declare it unto the brether in private which was transportation or suspension for a space They answered They could not agree for the reasons above named In end the K craves to be resolved of certain speaches uttered by him to wit The treachery of his he art was disclosed all Kings are the Devils children and he required that David shall chuse seven or eicht of 20. or 25. of his auditors whose names shall be given him that by their deposition the cause may be resolved and in the mean time he shall desist from preaching They answered They had no commission for that but to crave the acceptation of the formes propounded and they will report the answers December 9. their report was heard the brethren perceive that nothing is done and in the mean time the enemies do attain their will therefore they think it not expedient to use any more commoning but by some brethren to let his Majesty know how they had humbly sought redresse of wrongs done to Christ in his kingdom lately by that charge proclamations interloquiture and process against one of their most faithfull brethren how they have been most willing to have condescended to any conditions of peace till the wounds which Christs Kingdom had received might be throughly cured to the intent his forces and the Churche's authority might be set against the common enemies but seeing they are disappointed they are free of what shall ensue and
two Minions Theodosius a Monk and his Chaplain Stephen he breaks the peace with the Bulgarians to his great reproach and loss he assembleth a Councel at Constantinople to annul the acts of the former which were ended in his own time and confirmed by him by the perswasion of these two he put his chief Captain Leontius in prison and held him there two years who escaping with the help of Callinicus the Patriarch laid hands on Justinian cutteth off his nose and ears and sent him to Cherona in Pontus in the 11. year of his Reign and they dragged the two sycophants by the feet through the streets and then burnt them Zonar Annal. The Emperour Justinian I. had conquered Lybia from the Vandals and Justinian II. losed it that till this day the Sarazens and Mahumetans possess it 8. LEONTIUS was crowned with the great joy of the common people Treason even against the wicked is punished He sent an Army against the Sarazens in Affrick but in a sedition amongst them the souldiers choose Tiberius Apsimanus a Citizen of Constantinople and General of the Army to be Emperour He came quickly back upon Leontius and took him and served him as he had done to Justinian in the 3. year of his Reign and he exercised great cruelty against the friends of Leontius yet did he nothing without advice of the Senatours who delivered unto them their keys at his first coming 9. TIBERIUS coming this way unto the Crown sent his Brother Heraclius Treason in the second degree is punished Governour of his Army against the Sarazens in Asia and recovered Armenia from them When Justinian had been four years in Pontus he escaped and by the aid of the Bulgarians he returned into Constantinople and by force took Tiberius and cast him into the same prison with Leontius and having cut off his nose and ears caused them both to be drawn through the City and beheaded them and he hanged Heraclius so oft as he would have wiped his nose he caused some of the friends of Leontius to be slain he pulled out the eys of the Patriarch Callinicus and sent him bond to Rome to gratifie Pope Constantine and set in his place Cyrus an Abbot who had received and sustained him in Pontus Beda de sex aetat 10. JUSTINIAN II. now lay at home executing cruelties daily He did invite Platina saith rogat Abb. Urspet saith accersit and Sigonius saith obsecrat Pope Constantine to come into the East that they may talk together of the affairs of the Republick as he said but in very deed to ingage the Pope unto him by extraordinary honours whereof he saw the Bishops of Rome were very desirous Pe. Mexia Platina saith he sent ships to convey him safely but Anastasius saith the Pope caused ships to be built for himself Ph. Mornay in Myster The Emperour caused all his Subjects where the Pope was to come to receive him with such honour as they ow unto himself As the Pope drew near to Constantinople Cyrus the Patriarch with all the Clergy went out eight miles from the City and set the Pope upon a Camel and with solemn ostentation they conveyed him into the Emperours Palace thence he went into Nicomedia where the Emperour embraced The first kisse of the Popes foot was by a wicked maen not the Pope but casting himself down before him he craved pardon for his sins and kissed the Popes foot with an unmeasurable shew of humility as Mexia saith and so was absolved After this he became unthankfull to Trebellius King of Bulgaria who had restored him and entred into his land with hostility and was shamefully beaten back It was told him that Philip Bardanes had dreamed that an Eagle had overshadowed him with her wings and was therefore banished into the Isle Cephalonia by Tiberius now Justinian conceives the same fear and sent an Army against him thinking on no such thing the souldiers turn to his side as Platina writes but Mexia saith upon this occasion Philippicus levieth an Army and at Synope within 12. miles of Constantinople Elias Prince of Cherson in open Battel slue Justinian and his son Tiberius and with consent of all the subjects Philippicus received the Crown an 712. CHAP. II. Of POPES GREGORY I. alias the Great was Bishop of Rome about the 600. Gregorius oppugneth the Title of Vniversal Bishop year of the Incarnation The Bishops of Rome had the first place among the Patriarchs with express limitation of jurisdiction and bounds as well by the first general Councel at Nice as by the second at Constantinople This order was brangled in the time of Gregory For John Patriarch of Constantinople sought not only to have the first place but also to be called Patriarcha Oecumenicus or Universal because the Emperours chief Residence was at Constantinople the head City 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gregory writ many Epistles against the Title unto John he saith Thou was wont to confess thy self unworthy to be called a Bishop but now thou art so puft up that despising thy brethren thou seekest to be called the only Bishop ...... At the last day of account what wilt thou answer unto Christ the Head of the Universal Church who indeavoureth to make all his Members subject unto thy self by naming thy self Universal Who I pray is before thee to follow him in this perverse word but he who despising the legions of Angels socially ordered with him would burst out unto the top of singularity that he might seem to be under none and he alone to be above all Who also said I will ascend into heaven and exalt my Throne above the stars I will sit in the mountain of the Testament in the sides of the North .... For what are all thy brethren the Bishops of the Universal Church but the stars of heaven Whose lives and tongues do glance among the sins and errours of men as in the darkness of the night above whom thou wilt prefer thy self by this word of pride and tread down in comparison of thee what else saiest thou but I will ascend into heaven and I will exalt my Throne above the stars ..... All which things while I see with tears and do fear the secret judgements of God my tears are increased and my groans are not contained within my breast that the holy man John who was of so great humility and abstinence is by the seducing tongues of his familiars burst out into so great pride that by hunting after a perverse name he will be like unto him who when he would arrogantly be like to God did also lose the grace of the given similitude and therefore did forfeit true blessedness because he sought false glory Truly the Apostle Peter was the first member of the holy and universal Church Paul Andrew John what were they but heads of particular flocks and yet they ALL were members of the Church under one head And to comprise All in a short bundle the godly before
Primatus Papae par 3. The Emperour came into Italy and as Platin. saith compelled these three most ugly Monsters to renounce their Papacies and then was chosen Swidiger Bishop of Bamberg or Clemens the II. Benedict escaped by flight Gregory and Hildebrand were sent Prisoners into Germany where the Pope died and Hildebrand obtained liberty to return and because Sylvester was made Pope without ambition he was permitted to return into his Bishoprick Ph. Morn in Myster iniqu ex Leo Ostien c. writeth so that for these things done so happily and so Canonically the Romans gave unto this Henry the honour of Patriciatus as of old unto Charls the Great and with the Diadem of the Empire they ordained such a Chain of Gold Platina saith this Gregory was killed in the Church of Saint Peter by the fall of a stone and was buried there not without opinion of holiness But how doth this agree with what he and others have said before Onuphrius in Annotat. in Platin. expressly contradicts him and saith he died at Cluniak whither he was sent by the Emperour Neither do they agree in the space of his sitting 9. CLEMENS the II. being confirmed a Synod was held and an Act was made that the Bishop of Rome should not be chosen without the knowledge and confirmation of the Emperour This constitution was conform to ancient practice and it was then judged necessary for tranquility in time coming seeing as Platina saith every factious or potent man yea even some of base degree by corrupt suffrages attained to so high dignity Nevertheless the Cardinals would not suffer it to stand but presently did despise it by subtile and open practice Likewise the Romans did swear in the same Synod that they should not intermeddle with the election of the Bishop but as the assent of the Emperour should concur Nevertheless the Emperour was no sooner gone but contrary to their Oath and Act made thereupon even within nine months they poisoned the Pope which some impute unto his next successour Platin and some unto Bruzate who is said to have poisoned six Popes within 31. years Car. Benno 10. DAMASUS the II. starteth up neither by consent of the people nor Clergy for every ambitious man then could climb into Saint Peter's Chair saith Platin. But others say when Clemens was poisoned they did set up Benedict again and the Emperour caused this Damasus to be set up who was Bishop of Brixia hereunto Onuphrius seemed to agree for in Annotat. in Platin at Clemens II. he saith expressly that the four next Popes were chosen by the authority of the Emperour and proved it by instances So Fascic tempor saith Henry the III. deposed five Popes and set up the sixth Damasus escaped not Brazutus cup 35. daies Now we come saith Onuphr loc cit out of most obscure darkness and all things shall be more clear Then was great contention at Rome for the Papal Seat wherefore the Romans by advice of the Cardinals sent unto the Emperour desiring to give them a Bishop who was Benno Count of Etisheim and Bishop of Tullensis or Leo the IX being verily an Ass since among the Bishops of Germany none other would come amongst the enchanters of Rome Crantz in Saxon. When he was coming in his Pontificals toward Rome the Abbot of Cluniak met him and he with Hildebrand which then had leave to return with the Pope began to chide him for taking his authority from the Emperour and not from the Clergy as others had done before The simple man was perswaded to change his habit whereby he conquered the consent of others and was elected 11. LEO the IX by perswasion of Hildebrand and Theophylact took up Arms and went in person against the Normans prevailing in Sicily and by these two remaining alwaies with him was betraied and delivered into the hands of Duke Gisulph who said unto him Peter put up thy sword and so sent him away well accompanied unto Rome There he could not live peaceably and so he went into Germany Whilest he was with the Emperour in The Pope is resisted by a Bishop Worms on Christmas day Lambert the sub-Deacon read the Epistle after their own manner the Pope sent unto him and commanded him to read in the Roman manner Lambert would not change Wherefore the Pope with a loud voice deposed him from his Office and commanded him to depart Luithpold Arch Bishop of Mentz went from the Altar and would not proceed untill the sub-Deacon were restored because Worms was within his jurisdiction and the man should not be deposed in his presence without his consent The Pope restored him again and so they went on Crantz in Saxon. lib. 4. cap. 45. commendeth the Pope for equanimity and the Bishop for maintaining his own jurisdiction In a Synod at Mentz was the Pope the Emperour and 130. Bishops It was ordained there That no Clark should follow Dogs or Hawks in hunting nor deal in civil business None should be admitted a Monk till he came to perfect age and by his free-will Naucler generat 36. And Crantz li cit cap. 43. saith more The Pope was President Sibico Bishop of Spira was accused of adultry and was purged by examination of the Sacrifice And there also the heresie of simony and of Priests marriage was condemned He returned unto Rome and on a day as Naucler A lying miracle writes he saw a Leper at his gate he commanded to take him in and to lay him in his own bed the next day when he sent to visit him no man was there Whereby they understood that Christ was come to visit the Holy Father With such lying miracles were they wont to deceive the World often but for the most part I omit such When he had sate 5. years he was poisoned by Brazut An. 1054. Then the Romans partly reverencing the authority of the Emperour and partly judging none at Rome worthy of that honour sent Hildebrand in the name of the Clergy and People unto the Emperour to give them a Bishop Ph. Mornay in Myster ex Sigon de regn Ital. lib. 8. but Platina saith only They did so lest they might seem to attempt against their Oath Car. Benno saith Hildebrand did oft run from Rome unto the Emperour and back again without the advice of the Church and if any other was named Pope with speed Brazut gave him a cup of poison 12. VICTOR the II. was sent In a Synod at Florence he deprived many Priests for that which they called simony and Nicolaitanism He sate 2. years and was poisoned 13. STEPHEN the IX was elected by the Clergy and People not awaiting the Emperour's nomination for he was young Now this Pope accused the defunct Emperour Henry the III. of Heresie that he had diminished the authority of the Church or if ye will have it more plainly had restrained the pride of the Popes But when he begun to speak of seeking confirmation from the Emperour the cup of Brazut
Rome Matth. Paris loc ci and he sent unto Sifrid Bishop of Mentz commanding him to publish the sentence of the Roman Consistory against Otho throughout all Germany and charge all the Cities that they do not acknowledge him Sifrid delayed no time But immediately Henry Count Palatine of Rhene the Duke of Brabant and other Princes and Barons levy an Army against Sifrid and forced him to leave his Bishoprick and hide himself in Thuringia where the Count did as yet cleave unto the Pope When Otho understood of this stir in Germany he did return quickly and notwithstanding the Pope's curse was received as Emperor and calleth a Diet at Norinberg An. 1212. about Whitsunday where he declareth the manifold fraud of Innocentius and how unjustly he had accursed him and then said Be of courage you Princes unto you belongeth the charge of this Kingdom and the administration thereof I say unto you belongeth every disposition of the Teutonick Kingdom and to provide for every thing therein it is in your power and not in the power of the Pope to create or forsake an Emperor it is your part to calm the troubles if any shall arise within the Empire therefore ye Princes and Nobles maintain your rights and shew your power for your Nation and Imperial Laws lest if ye do it not ye be deprived of Empire and patrimony c. By these and such other words they resolve to levy immediately an Army and first to invade Thuringia Io. Naucler gener 41. In the year 1214. Innocentius causeth Frederick to be elected which now had been well bred in literature and Otho thought to have hindered the election but the Princes some for envy of his puissance and some for affection to the former Emperor and some addicted unto the Pope fell from him therefore he retired into Saxony until he gathered a new Army he made some attempts but in vain and died An. 1220. 3. FREDERICK the II. left Germany in peace and went to be confirmed at Rome He gave unto Pope Honorius the County of Funda and other great gifts even a rod to break his own head and he confirmed the Act Whosoever continued a year under excommunication shall be guilty of proscription and shall not be absolved until he make satisfaction unto the Pope In recompence of these gratitudes and obeysance when two Counts in Tuscia Thomas and Richard did rebel against the Emperor the Pope maintained them and absolved them from their allegiance and because Frederick did expostulate Honorius the Pope thundereth a curse against him Some Bishops conspired with the rebels and the Emperor accused and pursued them for treason They run to Honorius He sent a Nuntio unto the Emperor and commandeth to restore the Bishops and dischargeth him that he meddle not with Church-men The Emperor could not endure such imperiousness and said How long will the Bishop of Rome abuse my patience when will his covetous heart be satisfied go tell him that I have as great prerogatives as my Father Henry and Frederick my Grand-father and that I will rather hazard my Crown then suffer him to empair my authority seeing every Prince in France Spain England c. hath the nomination of their own Prelates Pe. Mexia But Platina saith The cause of this excommunication was when his Mother died which held him within bounds he began to vex the Church Lands But it is certain by sundry Histories that his Mother died in the beginning of Innocentius In his time came John de Bregna King of Jerusalem into Italy for aid against the Turks he made reconciliation betwixt the Pope and Emperor and gave his onely Daughter Jole unto the Emperor then a widower with the Title King of Jerusalem for this cause the Kings of Sicily were called Kings of Jerusalem for a long space Then Frederick did intend to go into Asia yet because he delayed Pe. Mexia saith the truce which John had made with the Sultan for ten years was not yet expired the Pope did intend some great thing against him but was taken away by death When Gregory was installed Jole was brought to Rome to be married and when the Pope held out his right foot unto the Emperor to kiss it he scarcely touched his knee but would not bow unto the foot P. Mexia The Pope was not well pleased he dissembleth for a time but intendeth to revenge So after some moneths he chargeth the Emperor to go into Asia according to his vow but intendeth to deprive him of the Empire Frederick suspecteth it and delayeth the longer till he heard that the Christians in Asia were utterly distressed then he assembleth his Nobles at Cremona and causeth his Son Henry to be created Caesar and sent him to perswade the Princes to send aid unto his expedition An. 1226. At this time the Lombards had made a league with other Cities of Italy by suggestion of Pope as is believed saith Naucler Honorius against the Emperor which league continued many years to the great prejudice of the Empire and manifest hindering of the expedition An. 1227. Pope Gregory again chargeth the Emperor to go into Asia Frederick writeth unto his Son to conveen the Princes again and nameth the time when they should make their rendezvous at Brundusio The Emperor becometh sickly nevertheless he sailed with his Army into Creta and there being hindered by sickness he sent his Army forward and returned himself into Pulia Then the Pope excommunicateth him the Papalines say because he had murthered Jole and others speak of other pretexts but P. Mexia and Blondus say that Jole died after this curse Immediately Frederick sent to Rome offering to clear himself but his Ambassade was not admitted Therefore the Emperor sent Letters throughout the Empire and to other Princes shewing how wonderously he was excommunicated and how presumptuous and covetous the Church of Rome was become even the mother of all mischief Unto Otho Duke of Bavier he wrote thus The high Priests of Rome do now affect not onely dominion but God-head for they will have all men to fear them more then God and it is sure that there be many Antichrists among them neither hath Christian Religion any such adversary that man which is called the Pope abounding in wealth to the great prejudice of piety thinketh after the maner of Tyrants that he may do as he listeth and is answerable to none as if he were God what is proper unto God he vaunteth of himself that he cannot err he requireth both impudently and imperiously all men to believe that he cannot be guilty of a lye Avent Annal. lib. 7. And unto Henry the III. King of England he wrote The Church of Rome is become so avaricious that they are not content with the goods of the Church but they will have the inheritance of Emperors Kings and Princes and make them all tributaries as Henry hath experience and the Earl of Tolouse whom the Popes binde with excommunication till they bring them into
the valiantness of his Father and Grandfather Pope John said Solomon's Son was not very wise So he rejected them both and alledged that according to former Acts of his Predecessors now he was Emperor Wherefore wars continued eight years and John proclaimed against them both alledging that the Imperial Crown is the gift of the Pope since it was decreed that the Germans may elect their King but then he is Emperor when the Pope of Rome who is Father and Prince of all Christendom doth approve him and when the Electors cannot agree none is King but the Bishop of Rome governeth at his pleasure even as the soul should command the body by whose benefit it liveth and so shall the world be well ruled when profane things are subject unto spiritual ...... For these causes seeing two are chosen .... and neither of the two seemeth worthy unto us said he we command that within three months they both renounce c. The most did follow Lewis At Frankford was a frequent Diet of the Princes and all the Electors Frederick was a captive there many things were decreed for the honor of the Empire and that Lewis should provide that the liberty of Germany be not turned into bondage and whosoever will maintain the Acts of Pope John is an enemy of the Republick Immediately Otho Bishop of Carintha and Lambert Bishop of Tolouse the Pope's Legates were expelled out of Germany All the Bishops Prelates Priests and Monks obeyed the Decree only the Dominicans inclined sometimes unto the Emperor and sometimes unto the Pope By Authority of that Assembly an Act was A description of the Pope published that is in Aventin lib. cit The heads are Christ the Savior our Lord and God and his chief Apostles Peter Paul James and John have foretold that perillous times were coming after their departure and they have sorewarned especially that we should beware of false Christs false Apostles and false Prophets who are so called from the lyes of their feigned Religion terming themselves Priests when they are the messengers of Antichrist their insatiable thirst of honor and money their letchery and pride being most manifest bewray them we deny not but confess sincerely that our times cannot endure any censure ...... long custom prevaileth above truth indignation breaketh our silence seeing from Heaven we are set in the highest watch of human affairs we cannot be silent lest we prove to be dumb dogs that cannot bark as the Prophet speaketh although we cannot drive away the wolves because of the iniquities of the times yet it is our duty to resist them and declare who they are although we cannot prevail against them lurking under sheeps skins as we would yet it is in some measure sufficient unto those who cannot attain to have a willingness to do Then they apply unto John shewing how that he vexed the Church of Christ and compelled Christians to draw their swords against Christians and brought people into a custom of perjury rebellion and conspiracies and they add Neither can Christians keep peace when God giveth it they are so troubled with this Antichrist so great is the madness of this man or rather Satan that openly in Assemblies he proclaimeth his wickedness as if they were good works When Christian Princes are at variance then indeed he is Priest of Rome the great Priest then reigneth and domineereth when all things are wasted with jars and broils and his power becometh terrible he might have most easily restored peace with one Letter but he hath no will that peace be among us yea by him rather was the discord increased he feigned now to favor Lewis and then to love Frederick as each of them was weaker he promised his aid unto the weaker he did purposely invite both unto the Coronation and gave fair words unto both when they were ready to have agreed he peswaded them unto Arms all these things he doth craftily that when we are undone by intestine wars he may destroy the Empire and possess Castles Towns and Republicks ....... When he is capital foe and publick enemy yet he will be Proctor Witness and Judge in his own cause .... what he pleaseth he judgeth lawful ...... he assumeth the spirit of Satan making himself like unto the most High and suffering himself to be worshipped which the Angel forbad John to do and his feet to be kissed after the manner of Dioclesian and Alexander two most cruel Tyrants ..... Those Popes have thrust Caesar out of Rome and Italy and Christ out of the Earth they permit the Heavens unto him and have taken Hell and Earth unto themselves and they will be believed not only called gods of the earth and of men as if they reign over the souls and tongues or as if they had divided the Empire of the world with Jupiter how contrary are these things Crucified and Supream power a Soldier and a Priest an Emperor and a Pastor ..... he is the two headed Beast who is Augustus and the great high Priest as we read of Nero Decius c. Then they refute the particulars of the Pope's Bull finally concluding If he be not the Antichrist certainly he is his forerunner from whom we appeal unto the Christian Senate of the world This Apology of Lewis prevailed even among his foes that the Earl of Tirolis and some others dealt for peace between Lewis and Frederick Lewis had the other captive and he set him at liberty on condition that he should renounce the title of Emperor and within few years he died Then Lewis was sole Emperor and he went into Italy An. 1327. being invited by the Gibelines to aid them against the Gwelphs and he exercised the Imperial Authority where he came therefore the Pope excommunicated him Platin. But Tho. Couper in Epist saith He was accursed because Udalrick the Emperor's Secretary without the Emperor's knowledge in an Epistle had called the Pope the Beast rising out of the Sea The Emperor did often profer a treaty of peace but the Pope would not hear of it Many learned men both Divines and Jurists of Bolonia and Paris wrote then against the Pope as followeth When Lewis could not obtain confirmation from the Pope he entred into Rome and was received gladly he and the Empress were crowned by Stephen Colonna Vicar of Rome with full consent saith Platin. of Nobles and Cardinals The City was then governed by their own Citizens under the title Vicars of the King of the Romans Plat. in Iohan. There he assembled a very frequent Synod and declared more fully 1. What wrongs he had suffered from Jac. de Cadurco alias Pope John the XXII or rather the mystical Antichrist said he and Abiathar who had followed Absalom against David And he did not only thus complain but also the Orators of the Armenians and other Nations against whom John had covenanted with the Turk 2. He shewed what Authority other Emperors had exercised against the Popes when they were found vicious
bodily pains in this world which after their own sayings are far less and the Pope may go down to hell as another man and whereas he taketh upon him to absolve any man without inward repentance he extolleth himself above God This complaint is at length in the Act. Monim written by Io. Fox and these are the chief heads of it 11. In the twenty fifth year of King Edward the III. which was 1364. Laws against the power of the Pope Statutes were made If any procured from Rome a provision to any Abbey Priory or Benefice in England which is said to be in destruction of the Realm and holy Religion or if any man sued out of the Court of Rome any process or procured any personal citation upon causes whose cognifance and final discussion pertaineth to the King's Court these shall be out of the King's protection and their lands goods and cattels shall be forfeited unto the King The narrative of the Act sheweth the cause of it and the King and Commons of the Realm had oft complained that his Realms were impoverished by the Pope giving Benefices to strangers which never dwelt in England the King and Nobility were robbed of their right of patronage the cure was not served and the will of the first founders was not followed The King had oft complained but in vain therefore he resolved to make his Kingdom free from this bondage Morn in Myster pag. 480. sheweth that when Pope Gregory the XI heard of it he cried This enterprise is a renting of the Church a destroying of Religion and usurpation of his right and priviledge Wherefore he sent immediately unto Edward requiring him to annul these Acts. But when the Schism arose no Pope did insist in it until Pope Martin the V. sent more sharp Letters unto King Henry the VI. And he answered An Act of Parliament cannot be annulled but by another Parliament and he would assemble a Parliament within a short space for the same cause but he did it not saith Pol. Virg. Hist lib. 19. In the thirteeth year of Richard the II. this Act was revived in these words If any person within or without the Realm shall seek from the Court of Rome preferment to any Benefice of Cure or without Cure the preferment shall be null and the person shall be banished and his goods shall appertain unto the King and the same punishment shall strike against them which receive or entertain any such person As also it was ordained If any person shall bring or send any summons sentence or excommunication or if any shall make execution of any such summons sentence or excommunication against any person whatsoever shall forfeit all his lands and goods for ever and himself shall be imprisoned and incur the pain of death yea although such a person had obtained the King's licence for petitioning at the Court of Rome he shall sorfeit a years rent It is also observed that before the year 1367. the high offices in England Offices of State as the Lord Chancellor the Lord Treasurer the Lord Privy Seal c. were wont to be for the most part in the hands of the Clergy as also in Scotland until the Reformation but about that time the English Nobility procured that all these offices should be given unto temporal Lords 12. At that time God raised up John Wickliff a couragious witness of Iohn Wickliff truth he was Fellow of Merton Colledge and Master of Baliol Colledge in Oxford and Reader of Divinity there about the year 1370. He began first to oppose in questions of Logick and Metaphysick but such as strawed the way to other things which he intended When he set upon controversies of Divinity he protested publickly in the Schools that his aim was to bring the Church from Idolatry to some amendment In his book entituled The path-way to perfect knowledge near the end he sheweth what travel he had in translating the Bible into English he gathered many old Latine Bibles for saith he the late books are very corrupt and he conferred the translations with the ancient Doctors and common Glosses and especially he was helped by the late translation of Lyra in the old Testament and the fourth time he employed many cunning men at the correcting of his fourth translation Then he wrote that book which I have now named wherein he giveth the sum of every book of the old Testament with some general and useful observations He reckoneth the books according to the Hebrew and sheweth also some use of the Apocrypha for examples of piety patience constancy c. and denieth that they are for proof of faith In chap. 2. he saith The truth of the Gospel sufficeth to salvation without keeping the ceremonies made of God in the old Law and much more without keeping the ceremonies of sinful and unknowing men that have been made in time of Antichrist and unbinding of Satan as it is Apocal. 20. and he calleth it heresie to say otherwise In chap. 1. he saith Christian men and women old and yong should study fast in the new Testament for it is of full authority and open to the understanding of simple men as to the points that be most needful to salvation and the same sentence in the darkest places of holy writ is both open and dark which sentence is in the open places and each place of holy writ both open and dark teacheth humility and charity and therefore he that keepeth humility and charity hath the true understanding and perfection of all holy writ as Augustine proveth in his Sermon of praising charity therefore no simple man of wit should be feared unmeasurably to study the text of holy writ for they are the words of everlasting life as Peter said to Christ Iohn 6. and the holy Ghost stirred holy men to speak and write the words of holy writ for the comfort and salvation of meek Christian men as Peter in his Epistles and Paul Rom. 15. witness And no Clark should be proud of the very understanding of holy writ for that very understanding without charity which keepeth God's hests maketh a man deeper damned as Christ Jesus and James witness and the pride and covetousness of Clarks is the cause of their blindeness and heresie In chap. 10. Though Kings and Lords knew no more of holy writ then three stories of 2 Chron. that is of Jehoshaphat Hezekiah and Josiah they might learn sufficiently to live well and govern their people well by God's Law and eschew all pride and idolatry and other sins But alas alas alas whereas King Jehoshaphat sent his Princes Deacons and Priests to each City of his Realm with the Book of God's Law to teach openly God's Law unto the people ..... some Christian Lords send general Letters unto all their Ministers and Liege-men that the pardons of the Bishop of Rome which are open lies for they grant many hundred years of pardons after doomsday be preached generally in their Realms
and had made an Act in Sess 2. A Councel is above a Pope and all men of whatsoever condition even Papal ought to obey it therefore he went about the translating of it to Bononia but the Emperor and all the Princes and Bishops there charged him that if he did not approve the Councel which was ordained by the former Councel and was called by the former Pope and now had sate so long time by his own consent the Nations there assembled would dethrone him This Letter made him approve the Councel by his Bull An. 1434. When Sigismund died Eugenius assembled his Cardinals and faction at Ferraria and then as followeth at Florence and would have taken all power from the Councel but the Councel did so despise his threatnings that they condemned Pope Eugenius as unworthy of Peter's Chair and they chose another to wit the Duke of Savoy who had lived an Eremite for some years him they called FELIX the V. This was a new schism some followed the one and some the other and some were neutral so they were two Popes and two Councels contrary unto one another Behold the unity of the Roman Church all the Acts and consecrations of Pope Eugenius were judged null at Basil nor was he ever absolved from their curse they called him a rebel against the sacred Canons a notorious scandalizer and disturber of the peace and unity of the Church a simonist a perjured wretch incorrigible a schismatick and obstinate heretick On the other side Eugenius wrote his Letters from Florence unto all Princes shewing that Amedeus alias Pope Felix had advised with the inchanters and had received response that he should be Pope and therefore he had lived an Eremite for a space to deceive the world with hypocrisie he called him a wolf in a sheeps skin the Image of Nebuchadnezzar the Idol of Beelzebub standing in the Church of God Lucifer who said he would set his seat in the North c. Ph. Morn in Myster pag. 544. He published sundry Acts and writs wherein he did aver that he was so far from being obliged to follow and obey a Councel that he did then deserve most when he contemned the Acts of a Councel and he said It is heresie to think that a Councel is above a Pope although all the University of Christendom would affirm the same So by the Bull of Pope Eugenius the infallability of the Church is preserved in the Pope only and the Pope only may make a true Church or rather we may infer The Pope is the Antichrist For as Augustine Lib. 20. De ci Dei cap. 19. saith The Antichrist shall sit as it is in the Greek non in templo Dei sed in templum Dei tanquam ipse sit templum Dei quod est Ecclesia sicut dicimus sedet in amicum id est amicus that is not only in the Church but over the Church as if he were the Church When his Bulls and practises could not prevail against the Councel he enticed the Daulphin who thereafter was Lewis the XI King of France to go with 30000 Soldiers against Basil as followeth John Palaeologus Emperor of the East sent word that he would come unto the Councel to treat of union but his aim was to procure aid against the Turks then Charls the VII sent ships into the Ionian Sea to bring the Emperor and his Clergy into France and that way to convoy him unto Basil But Eugenius prevened them with ships and money sent unto the Emperor as it were to defray their charges by the way and with promises to pay all their charges in Italy and his Admiral said That the Pope and the Councel were reconciled the other ships come too late and shewed that the Councel was not reconciled with the Pope the Patriarch and other Bishops perceived some fraud and refused to go into Italy until reconciliation was made there among themselves whereupon the Admiral of the Papal ships would have fought with the Councels ships but the Emperor would not suffer them to fight within his dominion and also he pressed the Bishops to go aboard it was in the winter time and after they had been beaten with storms they arrived at Venice the Patriarch Joseph was sickly and the Emperor left him and went to Ferraria within few days Joseph followed and while he was yet in the ship the Emperor sent to inform him that at his first meeting with the Pope he must fall down and kiss his foot the Emperor said the messenger providing for your honor hath dealt these three days with the Pope that it should not be so and he adviseth you hereof before hand This news seemed strange unto the Patriarch for he had resolved to acknowledge the Pope as a Father if he were older or as a Brother if he were equal in years or if the Pope were yonger he would accept him as a Son yea and before he came from home he had said unto some of his friends that if he were once in Italy he hoped to purchase more reputation and to recover the honor of his See and now when he is ordered to kiss the Pope's foot he was amazed About noon six Bishops come unto him to congratulate his arrival and to exhort him that he would not refuse to give unto the Pope the obeysance that all men give him The Patriarch answered peremptorily that he would not salute the Pope after that maner yea and all maner which nature doth not allow since they are Brethren they should embrace one another after a brotherly maner The Bishops return to shew this answer unto the Pope and in the mean time the Patriarch asked the advice of the Greek Bishops they in one voice said It was not lawful nor comely nor profitable and they told him that he might have known the Pope's pride before when his Legate sought the precedency in Constantinople as they also had given him to understand at that time but he would not regard their advertisement Before night the Papal Bishops came again and pressed the same curtesie The Patriarch said By what reason can the Pope demand this what Councel of the ancient Fathers hath so ordained if he call himself Peter's Successor the Successors of other Apostles are here and did any of the Apostles kiss Peter's foot who ever heard that The Bishops replied Kings and Emperors and Cardinals greater then the Emperor do so unto the Pope now through many ages The Patriarch answered It is but a late custom and I will rather return home then do it I am in the ship and I will not go out of the ship if that be required of me Briefly because the Patriarch would not so abase himself the Pope was content to accept him with mutual embracings and kisses yet but in a chamber in presence of a few Cardinals Of their proceedings in the Councel I shall speak hereafter For the present thus much only among the Articles covenanted between the Emperor and
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
learn from P. Soave in Hist Concil Trident. lib. 2 5. In ancient times by frequent incursion of enemies or in time of Pestilence it came to pass that when the Teachers died Successors could not be had in a short space and lest the People should be destitute of a Spiritual Ruler the chief Prelates of the Province or some neighbour Bishop did commend that Church unto some Minister until these lets were removed and a qualified Minister might be had that besides the charge of his own flock he would also help the other as he might and in the mean time he had no power of the Benefice but only to preserve it But afterwards these Commendataries pretending necessity and difficulty had power to meddle with the Benefice and then being delighted with the Benefice they would pretend some lets why another Minister was not needful and so they retained both Benefices to the prejudice of both flocks For remedy of this malady it was provided that a Commenda should not continue above six moneths But the Pope by the fulness of his power would grant it for a larger time yea during the Commendatarie's life especially when Acts were made against plurality of Benefices So they would keep the words of the Act but do contrary unto the sense thereof since a Commenda during life is all one with a title Yea not only would the Pope give one Commenda but more at his pleasure and then the style was changed For whereas at first the words were That the Church in the mean time may be rightly and orderly admonished we do commend it unto thee then they said That thou mayest administrate thy estate and condition the more decently we commend this Church unto thee And which is yet worse the Pope would give unto the Commendatary a power to dispose the Benefice after his death yea and such Commendataries were exempted from subjection unto the Bishop and he had no power over them whereby it came to pass that the Roman Courtiers were desirous of no Benefices but by way of Commenda and not by way of Title because upon this account they were subject and upon the other they were absolute without any tie of looking after the flock nor edifices belonging thereunto but only unto their own benefit and will And the number of such Commendaes turned to such abuse saith the same Author that when all men were calling for a Reformation Pope Clemens the VII in the year 1534. was not ashamed to give unto his Nephew Hippolitus Medices a Cardinal a Commenda of all the Benefices throughout the World both Secular and Regular both Dignities and Rectories for the space of six moneths after the day of his possession with power to dispose of all their fruits at his pleasure By which irregularity as wickedness may be thought to have come to the highest pinacle so in former ages saith he such a number of Commendaes was not known when the Church of Rome durst not seem so shameless And yet even then to cover the plurality of Benefices they had another trick which in ancient time was devised for the good of the Church The union of Benefices At first if any Church was any way robbed of its Benefice what was left was bestowed with the care of souls on a neighbor and both the Parishes were accounted one But by the craft of Courtiers it came to pass that without respect of souls many rich Benefices were united and by this means plurality of Benefices were covered if in favors of a Cardinal 30. or 40. Benefices were united even though in divers Nations Whence arose many inconveniencies because the number of Benefices was diminished and what favor was bestowed upon one person was also communicated unto his Successor though not so deserving nor craving it so that the Court and Chancellary was damnified Therefore it was provided that the Pope may unite so many Benefices as he thinketh expedient yet so that after the death of him in whose favor these are united the union shall be null and the Benefices shall be in their former condition and so the Chancellary did retain their gain of disposing many Benefices That Author speaketh thus of these Commendaes and Unions generally in all parts whereby it appeareth that the care of souls was altogether neglected But our History sheweth yet more abuses for some did obtain at Rome an Abbocy Restraint of the Pope's power in dispensing Benefices and other Benefices and had power to exact Taxes or Pensions from Prelates and Clarks and Parsonages were annexed unto Bishopricks or unto Abbocies Therefore in the year 1471. an Act of Parliament was made by King James the III. that because innumerable riches were carried out of the Realm by such means the purchase of Abbocies and other Benefices should be null if they were never at the Court of Rome before but such places should have free election And that no Subject spiritual or temporal take upon him to be Collector unto the See of Rome of any higher or greater taxation but as the use and custom of old was before in the old taxation of Bagimont And that there be no union nor annexion made in time to come to Bishopricks Abbocies nor Priories of any Benefice nor that any such union made lately nor since the present King received the Crown be of any strength or effect nor be suffered but the said Benefices shall return to the first foundation all under pain of Treason And in the year 1481. it was provided by the same King and Estates that no person should purchase Commission from the See of Rome to be preferred unto any Benefice vaking even though the See of the Benefice be vacant for the time These Acts were renewed by King James the IV. in the year 1488. with this addition If any person spiritual or temporal shall maintain or defend such purchasers of Benefices after it is declared to be of the King's patronage shall also be guilty of Treason But in the year 1493. it was ordained that all Prelacies Abbocies Priories and other Benefices should be disposed as they were in the time of King James the I. and that no person attempt to purchase any Benefice from the Court of Rome under pain of proscription and banishment The next year an Act was made that because still some did go to Rome for purchasing of Benefices which may be preferred and given within the Realm and also brought novelties and innovations into the Church without advice of the King for remedy hereof no Subject shall go out of the Countrey until the spiritual persons intimate the cause of their passing unto their Ordinary and that spiritual and temporal persons shall shew unto the King or his Chancellor the cause of their passing and obtain licence under the pain of Treason Conformable to this practice Richard Cawdray Proctor in the name of King Henry the VI. King of England protested by publick instrument that whereas the King and
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
place it seemes not expedient to be in Italy but in Germany where the controversy is for the most part Nor thought they it reasonable to oblidge themselves by oath to observe the decrees absolutely for that is contrary unto Christian liberty unless they knew what were to be the forme of the Councel who were Moderatour especially that the party defendent were not Mederator whether the Acts were to be determined by tradition or by the holy Scripture alone Ibid. In the next year Pope Clemens died but by the providence of God thus the liberty of religion was confirmed by the Pope as well as by the Emperour XXX An. 1533. George Duke of Saxony banished out of Lipsia 1533. all who would not go to Masse Luther hearing of this ordinance wrote unto the Protestants there exhorting them to suffer death rather than do against conscience and he called Duke George an Apostle of Satan George accuseth Luther before the Elector not only that he had reviled him but had stirred his subjects unto rebellion The Elector chargeth Luther to make his clear purgation or he must suffer Luther publishes a book declaring that he had exhorted the Lipsianes not to resist their Prince but rather to suffer which concerneth not rebellion Jo. Sleidan commen lib. 9. That year Erasmus publisheth a treatise De amabili Ecclesiae concordia but this Neutrall forme pleaseth neither Papists nor Protestants and the next year Luther accuseth him that he did but mock religion and turn it all into doubts sporting himself with ambiguous words whereas religion requireth plainness and cleareness Osiand Epit. cent 16. lib. 2. c. 26. XXX The Franciscan Friers were in danger at Orleans An. 1534. upon A craft of the Franciscanes in France this occasion The Praetor's wife by testament willed that she should be buried without pompe here husband desirous to satisfy here will hath a care to bury her beside her father and grandfather in the cloister without shew and he gave unto the Monks sixe crowns they expected much more and therefore they divisea way to make up their losse they accuse the defunct of Lutheranisme and cause a young Monke go upon the roof of the Church in the night time and make a noise an exorcist adjureth the wicked spirit to declare what he is whether he be that lately damned soul and for what sinne The Monk was informed what to answer and how They take witnesses The fraud was tryed the Friers were imprisoned and the young monk revealeth all The King hearing this voweth to throw down the Monastery but fearing that it might be matter of joy unto the Lutherans he dismisseth them In November of the same year in Paris and other places of France even within the Kings palace about one time of the night were papers set up against the Masse and other points of religion Inquiry was made many were apprehended and racked and burnt in the next year King Francis excuseth King France writes unto the Protestants in Germany him to the Protestants assembled at Smalcald that seing they intended the destruction of the Commonwealth said he the Germanes should not blame him more than he did blame them for suppressing the bowres or Manzerianes and he having a purpose to revenge himself on the Emperour craves by the same Ambassade that the Protestantes would make a league with him for reformation of religion So he pretendeth and entreates them to send some Divines namely Melanthon to dispute with the Masters of Sorbon he said He knew certainly that many superstitions were creept into the Church by insufficiency of priests and the Pope assumeth too much authority how beit by mans law he is the highest of all bb yet not by Gods word the traditions of the Church may be altered as time requires and therefore he is desirous to hear reasoning that things amisse may be amended He said also Pope Julius had excommunicated King Lewes XII John King of Navarre because they held that the Pope hath not power to call a Councel without consent of Christian Princes and he had raised Monarchs against them offring their Kingdoms as a prey In end he concludes suting a league without the Emperour They answer Without the Emperour they could and would do nothing In this assembly the former league was continued for ten years and into it were received all who were willing to professe the Augustan Confession So that they were 15. Princes and 30 Cities Cownt de Nassow was also admitted Henry VIII sent thither requiring that they would not admitt a Councell which would not abolish the abuses of former times or would confirme the Popes power They also required of him that he would receive the Augustan Confession but that he would not do That year Vergerius the Popes Legate had gone unto all the Princes The policies of Vergerius in Germany severally shewing them that the Pope had called the Councel to conveen at Mantua They all gave him one answere that they would advise in their meeting at Smalcald and there they told him they hope that Caesar will not depart from his promise and decree that the Councel should be in Germany nor can they understand what it meaneth that the Pope promiseth to provide for the safety of them which shall assemble when they look back into former times nor how in the Councell the way of treating can be rightly ordered where he who hath so oft condemned them will have the power in his hand Nor can it be rightly called a Councel where the Pope and his priests command all but where men of all conditions in the Church even Seculares also have a like power Vergerius had also been with Luther at Wittembergh and said The Church of Rome made great account of him and were sory for the want of such a man who might do good in the service of God and the Church which two are inseparable and the court was ready to vouchsave him all favour it was displeasant unto them that former Popes had used such bitterness against him Nor had he who professeth not Divinity a purpose to dispute controversies with him but to shew him the weight of humane reason how expedient it were unto him to be reconciled unto the Church he may consider that doctrine of his was not heard before those 18 years and hath brought forth innumerable sects where of each accurseth another whence many tumults and broils have arisen and therefore it can not bee from God but he was singularly blown up with selve-love who would endanger all the world rather than not to vent his own opinions seing he had continued without sting of conscience the space of 35 years in that faith wherein he was baptized he should still mantaine it He may remember how Aeneas Sylvius was once addicted unto his own opinions and hardly attained unto a silly chanonry in Trent but when he changed his opinions he became a Bishop and then a Cardinal and lastly was Pope and
Worde and celebration of the Lords Supper according to the first Institution These were all apprehended and carryed in carts into Paris where they received Sentence of death and being sent back 14. of them were burnt in one fire and the rest were whipped and banished These went into sundry Provinces and ceased not to glorify God by preaching the Truth namely Pharonus Manginns Petrus Bonuspanis c. Afterwards this Peter with other twell were burnt at Paris Jo. Fox in Act. mon. When King Francis The persecution is stopped for a time was sick unto death he repented of his cruelty and many write saith Thuan. loc cit that he advised his son Henry to try the injuries done by the Senate of Aignes against those of Piemont and he sent order unto that Senate to apprehend John a Monk and put him to an Assise that man had devised a new kinde of torment to wit he caused the Waldenses put their legs into boots full of seething tallow and in derision asked them If they were ready to ride When the Monk heard of this Mandate he fled into Avenion and within few days he was so tormented with ulcers that he wished death King Henry II. loved not Cardinal Turnon and such cruel persecuters So the Merindolians and other Waldenses gathered again and by advice of the Duke of Guise Aumalius presented unto the King their complaint against the iniquity cruelty of the Senate of Aignes and they did humbly beseech that their cause might be once heard and examined It had some beginning in the great Counsel as they call it but the King brought it to the high Parliament of Paris there the matter was debated publickly fifty dayes with great vehemency by Ja. Auberius for the Waldenses and Peter Robert for Aignes and Dion Riantius the Kings Advocate When the complaint and many cruelties were read all the hearers conceived hope of redress The event was only Guerin Regius Patronus one of the cruellest persecuters and having no favour among the Courtiers was beheaded and Miniers died as is said before Little was done publickly for Religion in France untill the year 1553 then many suffered at Lions and Paris among whom were Martialis Albus and Petrus Scriba who had been sent from Bern in Helvetia to preach the Gospell and before they had done any thing they were taken at Lions and the King would not spare them for the intercession of Bern. Thuan. lib. 12. XLIII Charles Cardinal of Lorrain intending toward Rome would do some thing to gratify the Pope therefore he persuaded the King to Persecution is renewed publish an Act commanding all Presidents to prosecute without any delay all censure of the Church against Lutherans The Senate of Paris answered unto the King that four years before he had caused it to be acted that according to the custom of his Ancestours who were all defenders of the Religion and liberty of the Church the power of life or death for Religion should be reserved unto the King but by this Act he loseth his priviledge and forsakes his servants and subjects and commits their fame goods and persons unto the pleasure of the elergy who by their severity in these years by past had not amended any errours but rather have exasperat the people and therefore it were more reasonable to commande the Bishops and priests to instruct their flocks in the worde of God more diligently either by themselves or by qualified Vicars and in time coming to promote only sufficient Pastours who have no need of Vicars Thuan. lib. 16. In the year 1557. Septemb. 4. a great number assembled in a private house of S. Jacques striet to hear the Worde and receive the Lords Supper in the night because they had not liberty in the day The multitude conveened in the nighour houses with weapons and stones to throw at these people in their outcoming they who came forth first were killed with stones and others taking courage upon necessity drew their swords and came forth all save to one saith Thuan. lib. 19. The author of the French Commentaries lib. 1. writs that the believers seeing that they were compassed on every side by the furious multitude had small hope to escape but some finding a way made open through a gate which was a singulare providence for the savety of many after they had returned to their prayers escaped by flight withour harm even as if God himself had gone before them Both these authors say that the women and weaker people about the number of 120 were taken by the Inquisitor saith Thuan and the other saith by the Magistrate and hurried into prisons and then burnt among whom were Nic. Clivius a Schoolmaster in Paris in the 60 year of his age Taurin Gravella in Senatu Patronus Nic. Cevius a Physicion and some Noble women Diverse reports were spread of this assembling the Monks preached that the Lutherans meet in the night without any light to fulfill their lusts the mother spared not to ly with her sone ..... their cloaths were found with the marks of such filthiness they killed their infants c. These things were reported unto the King but uncertainly yet none durst contradict them lest he were challenged to be of the same sect Thuan. Ibid. and the mindes of many did boile against them so that he was called the best man who could devise the means of their destruction The Protestants wrote an Apology shewing the falshood of those calumnies even as the like were imputed unto the antient Christians as is clear by undoubted testimonies and histories to the end Kings and Princes may be moved to hate them and now these are published by enemies of the Trueth to the end they may enjoy other mens goods which they have catched wickedly and therefore they humbly pray that the King would be pleased to try their cause c. French Commen lib. 1. They found means to lay this book in the Kings bedchamber and so be brought into his hands Antonius Demochares an Inquisitor and Ro. Cevalis Bishop of Aurincae wrote an answer unto this Apology but none durst reply because the Kings ears were so solde unto the impudent accusations of the Bishops and Cardinals and he sent the President Julianensis commanding all hereticks or Waldenses as they called them to submit themselves unto the Bishop of Rome in all points of Religion or to want lands and lifes The Reformed with humble answers appeased the minds of The Commissioners Osiand epitom hist cent 16. lib. 3. c. 26. The Princes of Germany and the Swisers sent unto King Henry entreating for those miserable men professing the same Religion with them In the mean while Philip King of Spain was entred into Picardy and had taken Sanquintin and other places so that Henry had need of aid from these Intereessors and did bear with the slackness of his Comissioners Thuan. loc cit In the same year it was ordained by King Henry that there should be
frier John forrest was brought to Santandrews for saying Pa. Hamilton died a Martyr because they had not clear proof against him another frier Walter Laign was sent to confesse him he askes him in way of confession What is his judgement concerning Pa Hamilton Forrest answereth I think he was a good man and the articles might be well defended for which he was condemned This is sufficient evidence to condemn him unto the fire When they lead him out to be degraded he cried among the people Fie on falshood fie on false friers revealers of confession let never a man trust them after mee they are despisers of God and deceivers of men While they consult upon the manner and place of his execution John lindsay a gentle man waiting upon the Bishop said If yee will burn any more do it in a hollow cellar for the smoke of Mr Pa. hamilton hath infected all these on whom it blew Nevertheless he was burnt at the north side of the abbey that the hereticks of Anguise might see the fire The persecution goeth-on James Hamilton of Livinston brother of the Martyr and his sister Caâ—herin were summoned to compear at Halirudhouse before the Bishop of Ross The King adviseth the gentleman not to appear he was condemned for not obeying Catherin was asked whither she believes to be justified by works She answered I believe no person can be justified by their own works John spence a Lawyer had a long discourse of the diversity of works of congruitie and of condignity c. The young woman saith Worke here work there what kinde of work is all this I know perfitly that no work can save mee but the works of Christ my Saviour The King laugheth at the answer and taking her aside persuades her to recant her opinion and by her example sundry others at the same time were moved to abiure their profession as Wi. kirk a priest Adam daes c. So soon as these were dismissed Normand gourley and David straton were brought to tryall Norman was charged for denying Mo are persecuted purgatory and that the Pope had any jurisdiction in Scotland David had been turbulent and was by conference with John Erskin of Dun becom another man and God had kindled in his heart such love to the knowledge of trueth that he oft prayd for spirituall courage if he shall be brought to suffer for Christ He was charged for maintaining that tyths were not due to Church-men He denied that he had said so but said he I send a fish-boat to the sea and they are so rigorous in craving the tenth fish that they can not be contented and I said If they will not believe how many fishes are taken go and see where they are taken yea and I gave order to my servants to cast the tenth fish into the sea And â—e was further accused of the same points wich Norman He was condemned with him and was offered to be spared if he would burne his bill which was then vsed as the signe of recanting but he would not So they were burnt together August XXVII year 1534 At the same time were summoned Alex Alesse Jo. Fife John macbee and one Macdowall they fled into England and thereafter into Germany the first two were Professours of Divinity in Lipsia the thrid was called Maccabeus and was Chaplain to Christian King of Denmark As the history of the Reformation shewes there were civil broils in the countrey and the persecution was interrupted untill the year 1538. and in the mean while the knowledge of the truth increaseth partly by conference of men about what had been done and partly by reading the New testament in English and partly by report of merchants and â—eamen telling what was a doing in other countries in the cause of religion The bb and their officialls accurse many for triffles and pecuniall causes the people contemn their excommunications therefore the bb would strengthen their sentences by civill autority and procure an act of Parliament against such who lay 40 daies under excommunication James 5. Parl. 4. Act. 8. III. The heat of persecution in England seemed but to begin in year 1527. The beginning of Reformation in England those who before were called Lollards were then called Lutherans great numbers were burnt whereby the King thought to promerite the Popes favour Behold how God brings light out of darknes When King Henry had been 20 years married he falles into the scruple whither his marriage was lawfull but who can tell whither he was so touched indeed or King Henry intends to divorce but a pretext in respect he had not a son or that he loved another woman Yet so it was he abstaines from her company and speakes of divorcement The Queen sendeth unto the Pope and complaines the King also sendeth and craves that the Pope would justify by the sacred word the former dispensation to marry or dissolve the marriage How this was carried in the Popes court none can declare better than an Italian and so Pe. Soave in Histor Conc. Triden hath it thus Pope Clemens in time of his distress had It is pleaded at Rome good hope if the Kings of France England shall continue in his grace and make disturbance unto Cesar in the Kingdom of Naples therefore he dispatches Card. Campegius into England and commits the cause unto him and the Card. of York The King was certified by letters from Rome that the cause shall be discerned speedily in his favours this was in the year 1528. But when Clemens considereth that the Emperours favour was more usefull unto him in recovering the City Florence in the year 159. he sent Francis Campana unto Campegius ordering him to burne his former Bull and proceed warily in that cause Campegius deviseth pretexts of delay and pretends difficulties The King observes his jugling and askes the advice of the Universities in Italy Germany France Some were against his mind and some for him especially the Parisians and many thought that they were moved by his gifts more than by weight of reason But the Pope whether willing to gratifie Caesar or fearing that by means of the Card. of York some what might happen contrary to his mind drawes back the cause unto himself The King being He marryeth without the Popes indulgence impatient and smelling the fraud forsakes Catharin and marrieth Anna Bolen in the year 1533. Nevertheless the plea is continued but slowly that if the Pope can he may both satisfie the Emperour and decline the offense of the King And then he touches not the point but some accessory articles especially he decerneth against the King that it was not lawfull for him by his own authority and without the Sentence of the Church to forsake the company of his wife When the king understood this in the beginning of the year 1534 he denieth obedience unto the Pope and chargeth all his subjects that they send no mony unto Rome nor pay
licence nor enact constitutions without his consent Item that all cases that were before reserved from the power of the bb unto the Pope were declared to appertain unto the King and his commissioners as to dispense with Canons to divide or unite bishopricks Item all annats or first year's fruits and tyths of Benefices were forbidden to be carried out of the Country and An. 26 c. 3. they were ordained to be payd unto the King as before unto the Pope Item no appellation should be made to Rome Item Peter-pence pensions all such exactions shall cease With express provision that the King nor his subjects shall not intend to vary from the articles of the Catholick faith of Christendom Item the degrees of consanguinity affinity that are prohibited by the law of God were explained published The Kings marriage with Catherin was declared unlawfull and his marriage with Anna daughter to the Earle of Wiltshire was approved The excommunication of the King was affixed on the church-doors of Dunkirk because the Nuntio durst not come into England But the King proceeds in parliament An. 26. c. 1. renouncing and causing the subjects to renounce the Pope and establishing the Papal authority in his own person The oath of the clergy unto the Pope is made void and they are ordained to give their oath unto the king The bb and Doctours of Divinity and of both lawes do both by word write and in their Convocations confirme all that the king had done in Parliament Jo Fisher Bishop of Rochester and Thomas Moore refuse to subscribe therefore they were committed Pope Paul hearing of Fisher's constancy as they called it there creates him a Cardinall for he said The King will not put hands in a Cardinal but ere the Bull came the king had intelligence of it and caused to execute the Bishop and Thomas Moore An. 1535. It was the just judgement of God on them for they had incensed the king against many Martyrs namely Fisher caused his Dean Do. Parker to take up and burn the body of William Tracy an Esquire in Rochester-shire after it had lyen in the grave three years because he said in his latter Will he would have no pompe at his buriall and he trusted in Christ only hoping to be saved by Him and by no Saint Tho cooper at An. 1532. Likewise lest the Pope did provoke other Princes against king Henry he sent Ambassadors with Letters and informations unto the Emperour the kk of France .... entreating them to keep amity The summe of his Letter unto James V. king of Scotland was Forasmuch as the Pope without the knowledge of the Emperour or French king or Germane Princes hath excommunicated King Henriâ—â— Letter uâ—â—o king Iamâ—â— V. against the Pope and Card. mee and now the Popes Nâ—ntio the Cardinal of Scotland is arrived with commission as I hear it brooted but have no intelligence to practâ—ze some anoisance by his pretended censures against mee thy uncle Therefore I premonish and require thy Grace and most heartily pray thee to consider 1. the Supremacy of Princes granted by the holy Scriptures unto mee and other Princes in their Churches 2. to weigh what Gods word calleth a Church 3. what superstitions idolatries and blind abuses have crept into all realmes to the high displeasure of God 4. what is to be understood by the censure excommunication of the Church and how no such censure can be in the power of the Bishop of Rome or of any other man against mee or any other Prince having so just ground to avoide from the root and to abolish so execrable authority which the Bishop of Rome hath vsurped and vsurpes upon all Princes to their great dammage My request therefore to my nephew is to consider of what moment it should bee unto yourself having your subiects evill instructed in the premisses if you agree unto such censures and by such example give upper-hand over yourself and other Princes unto that vsurper of Rome as is like to happen in other places of Christendom where the true declaration of the word of God shall have free course to scourge them unless they will adore and kiâ—â—e the foot of that corrupt holiness which desireth nothing but pride and the vniversall thrall of Christendom under Rome's yoke I aâ—so premonish your Grace that you would not receive the Popes Cardinal into your Countrie for he will not be content to be next unto you but assuredly he will be equall yea and usurp over you and be a heavie burden unto your conntrie as experience teaches in England c. After this Henry enioyeth peace notwitstanding all that the Pope wrought against him Jo. Fox Act. moni But upon this occasion the King of France was persuaded by the Pope not to pay as he was wont yearly 95000 Crowns and other 10000. crowns as a Treatie of peace betwixt the kingdoms did specifie In the year 1536. Q. Catherin died Q. Anna and her brother were beheaded with Henry Norreys and Francis Weston and other two gentle men of the bedchamber for what cause it is not known â—aith Jo. Foxe but within three Dayes the king married Lady Jane Seimer First by a Convocation and then by Parlament An. 32. Henry VIII his marriage with Lady Anna was declared unlawfull no reason is alledged in the Act and he excludes his daughters Mary and Elisabet from succession and declareth the Crown to appertain uâ—to the heirs to be begotten In the next year prince Edward was borne and within 12. dayes his mother died Then by determination of Synods and Sentence of both Universities it was acknowledged that unto the king did belong the title The Supream head of the Church that is as they expounded it under Christ the Supream member of the Church within his own dominions to commande for trueth and not against trueth Fran. Mason lib. 3. c. 3. According to this title he began Steps of Reformation to consider the estate of the Church by advice and prudence of the godly Lord Cromwell and others of his Counsell he understood that the corrupt estate of the Church had need of Reformation in many things yet because so many superstitious persons were to be turned from their olde customs he procures an Act of Parlament An. 32. of his reigne that whatsoever article of faith and declaration of other expedient points the Archbb. Bishops and a great number of the learned Doctors with consent of the King shall think needfull expedient together with their determination of other points and ceremonies in Divine Service shall have the strength of an Act of paâ—liament Then he would not Reforme all at once but purposing to lead them softly he intendeth to proceed by degrees First he publisheth a litle book bearing the inscription Articles deuised by his Highness to estable Christian quietnes vnity In this were 1. the articles of the Creed necessary to be believed by all men 2. the doctrine of
with greater audience than ever he had before There the Earles Marshall Glencairn and others advise him to write unto the Regent an exhortation unto the hearing of Gods word He obeâ—etâ— them but it was in vain He is called by his flock at Frankford to return he goeth against the mind of many but promiseth to return if they abide constant in the trueth Then the Bishops summon him again for no-compearance they burn him in effigie at the cross of Edinburgh in July An. 1556. He wrote his appeal and caused it to be printed and directed it unto the Nobility and Commons of Scotland William harlaw preaches publickly in Edinburgh so did John Douglas a Carmelite and sometimes in Lieth Paul meffin preacheth ordinarily in Dundy and many leaving the Cloisters preach in all parts of the Country and the number of professors of Reformation was multiplied When the priests saw that they were much deserted they complain unto the Bishops and the Bishops judge it vain to summon these Preachers for heresy therefore they complain unto the Regent and accuse the Preachers of mutiny and sedition The Regent knew that the multitude of all sorts were earnest that way and saith It is safer to delay for a time all contrary course let the hereticks have some way and wee shall wait our opportunity Buchan Hist Lib. 16. V. After the death of King Henry followes a blessed Reformation in Publik Reformation in England under King Edward England for he had caused his young son Edward to be well instructed by Do. Cox and Edward L. Herford who then was called Protectour of England and Duke of Somerset both loved the Reformation and did his endeavour that the true light of the Gospell might shine everywhere He had a good helper Tho. Cranmer archb of Canterbury The King also was of singulare gifts above his age one of the rarest Princes that had been in many ages yea it is doubted if ever he had an equall in prudence besides his knowledge of Sciences and languages Greek Latine and French So he as another Josias purgeth the temple of the Lord from Popish idolatry and false invocation and would have brought it to greater perfection if time and life had answered unto his godly purpose It may be easily conceived how difficult it was to Reform all things at the first when the greatest part of the Privy Counsell of the Bishops and Nobility were open or close Papists but his purpose was not to leave one hooâ—e of the Romish Beast and did forbid that the Masse should be permitted unto his sister In â— is first year by authority of Parliament the sacrament of the Lords supper was administred unto the people with both elements and Cranmer did translate and in some measure purge the Missal and Breviary In the second year that book under the name The book of common prayer and administration of Sacraments was by act of Parliament to be used in all churches and chappells and that none practize nor speak against it nor any part of it Providing also that they who are acquainted with other languages may use that which they understand best in chappells but not in parish-churches In this third year an Act was made against all books called Antiphoners Missals grailes processionals manuals legends pies portuisses paimers and other books whatsoever used before for service in the Church of England in English or Latine other than were then or after shal be set forth by the King Item against all images of stone timber alabaster or earth graven carved or painted in any church or chappell except only images or pictures upon any tombe for monument only of any person which had been of good reputation The book of Common prayer was some what amended in the year 1552. He put the Popish Bishops and priests to silence and removed them from their Benefices Boâ—er Bishop of London was removed and for contumacy was condemned to perpetuall prison in the Tower and Do. Ridley became Bishop of London Gardener was deposed from Winchester c. But he killed none yea when the Counsell would persuade him to burn a woman Joan butâ—her he said What will yee send her quick to the Devill in her errours When the Reformation was first intended a generall Visitation of the Bishopricks was made by certaine prudent and learned men which were appointed Commissioners for severall Diocies and unto every Company two or three preachers were adjoined to preach at every Session and dehort the people from their wonted superstition and inform them in the trueth And that they might proceed the more orderly in their Commâ—ssions or visitations 32 persons as in the time of King Henry VIII were appointed to prescribe certain instructions and orders of Visitation The troubles in Germany at that time did contribute by the gracious providence of God to the furtherance of the Gospell in England Tho. Cranmer by Letters brought Martin Bucer Paul Fagius Peter Martyr and other learned men in the year 1548 and 1549 their coming was most acceptable unto the King country Fagius an expert Hebrician and Bucer were sent to be Doctors in Cambridge and Martyr was designed Reader of Divinity in Oxford But as Theod. Beza in â—esp ad Fr. Balduin Vol. 1. Tractat. Pag. 322 edit An. 1570. hath observed in epist Buceri daâ—ed Cantabrig Januar. 12 An. 1550 concerning the purity of rites the advice of no forreiner was sought what they could do they did not fail both by word and write to advise the people to chuse good Pastours and to endeavour more purity both in doctrine and rites but some through mans wisdom and vanishing thoughts would glue God and Belial with the leaven of Antichrist And John à Lasco a Polonian was then a preacher of a Dutch congregation in London he in his preface before his book de Ecclesiastico ordine saith That most holy King was desirous to have the whole Religion so reformed throughout aâ—â— the king â—om that he was carefull of no other thing almost but because some Lawes of the country were in the way that the publick rites of Divine worship especially which had been in use under Popery could not be purged out as the King himself would and I was instant for the forrein Churches it pleased them at last that the publick rites should be purged out of the English churches by degrees so soon as they could by the lawes and in the mean time forreiners which in this respect were not so tied unto these lawes of the Country should order their churches freely and without any respect unto the rites of tâ—e Country if their doctrin were only Apostolicall for so it may come to passe that the English churches also might be moved by unanimous consent of the Estates to embrace the Apostolical purity and some tooke tâ— is so ill that they did strive against the Kâ— purpose So far he yea they did so strive and were so malicious that they did accuse the Duke of
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
and the man made the matter so plain that all doubt was removed Then those Judges for this odious crime did deprive him of all function within the Church of Scotland and for his contumacy in not appearing before them did excommunicat him The author of the The Histor of Reformat saith this is recorded not only for a warning example unto others but likewise that the world may see what difference is betwixt the Church of God and the Romish Church seeing many of their Bishops and Priests yea and Popes are known to be guilty in such crimes and no way censured XVI The Papists at Easter An. 1563. began to say Masse more boldly than before namely John Hamilton Bishop of Santandrews the Prior 1563. Masse is practised of Whithern and many other priests monks This was offensive to many and therefore the Shirefs and others which had civill power especially in the West parts resolve that they will not complain to the Queen nor Counsell but execute former proclamations against the sayers of Masse and so some priests in the West were apprehended The Queen The QueeÌ„ conferrech a I. Knox. was offended and sent for John Knox to come to her in Lochlevin and dealt with him that he would persuad the people and especially the Gentle men of the West Country not to punish any man for using what Religion they please John answereth If her Ma. would punish malefactors according to the lawes he could promise quietness upon the part of all which professe the Lord Jesus within Scotland but if she thought to delude the lawes he feareth some will let the Papists understand that they shall not be suffered to offend Gods Majesty without punishment When â—he Queen heard these and other words to this purpose she takes another course and directes summons against Masse-mongers in the straitest form with expedition to compeare on May 19 one day before the Parliament The Bishop of Santandrews the before named Prior the Parson of Saucher and others do compear At first the Bishop refuseth to answer before Civill Judges yet in end they all come into the Queens will and She designes them to severall prisons Then said some See what the Queen hath done the like was never done within this realm we doubt not but all shall be well Others fore spake things as it came to passe that it was but deceit and so soon as the Parliament is ended the Papists will be set at liberty and therefore advised the Nobility that they be not abused Many had their private business to procure in the Parliament especially the Act of oblivion and they said They might not urge the Queen at that time for if they did so she will hold no Parliament and what then may become of them and their friends but let this Parliament passe over whensoever the Queen craves any thing as She must do before her marriage Religion shall be the first thing that shall be established Much was spoken against A Parliament that politicall delay but in vain An act of oblivion was past of all things done in the publick cause from the year 1558. till September 1. in the year 1561 Manses and gliebs were appointed for Ministers adultery to be punished with death of both persons but nothing for establishing of admonition unto the Nobility Religion In time of this Parliament John Knox said in a Sermon before maâ—y of the Nobility and other members My Lords I praise my God throgh Jesus Christ that in your presence I may powr forth the sorow of my heart yea yourselves shall be witnesses if I make any ly in things by past from the beginning of Gods mighty works within this realm I have been with you in your most desperat tentations ask your own consciences and let them answer before God if that I not I but Gods Spirit by mee in your greatest extremity willed you not ever to depend upon your God and in his name promised unto you victory preservation from your enemies if yee would depend upon his protection and prefer his glory before your lives and wordly commodities in your most extreme dangers I have been with you Santiohnston Couper-moore and the charges of Edinburgh are yet recent in my heart yea that dark and dolorous night when all you my Lords with shame fear left this town is yet in my mind and God forbid that ever I forget it What was my exhortation unto you and what is fallen in vain of all that ever God promised unto you by my mouth yee yourselves live and testify There is not one of you against whom death destruction was threatned perished in that danger and how many of your enemies hath God plagued before your eies shall this be the thankfulness that yee shall render unto your God to betray his cause when yee have it in your hands to establish it as you please Yee say The Queen will not agree with us Ask yee of her what by Gods word yee may justly require and if She will not agree with you in God you are not bound to agree with her in the devill Let her plainly understand so far of your mindes and steal not from your former stoutnes in God and he will prosper you in your enterprises But I can see nothing but a recooling from Christ Jesus that the man that first and most speedily fleeth from Christs Ensigne holdes himself most happy Yea I hear some say that we have nothing of our Religion established by law nor Parliament albeit the malicious words of such can neither hurt he trueth of God nor yet us that thereupon depend yet the speaker of this treason committed against God and against this poor common wealth deserves the gallowes for our Religion being commanded and so established by God is received within this realm in publick Parliament And if they will say It was no Parliament we must and will say and also prove that Parliament was al 's lawfull a Parliament as ever any that passed before it in this realm I say If the King then living was King and the Queen now in this realm be lawfull Queen that Parliament can not be denied And now my Lords to put an end to all I hear of the Queens marriage Dukes Brethren to Emperours and Kings strive all for the best gain But this my Lords will I say note the day and beare witnes hereafter Whensoever the Nobility of Scotland who professe the Lord Jesus consents that an infidell and all Papists are infidels shall be Head to our Soverain ye do so far as in you lieth to banish Christ Iesus from this realm yea to bring Gods vengeance upon the Country a plague upon yourselves and possibly yee shall do small confort to your Soveraigne This manner of speaking saith the History of Reformation was judged intolerable both Papists and Protestants were offended at it and some posted to give the Queen advertisement that Knox had spoken against her
estates and degrees committed to their charge by God whether they be ecclesiastical or temporal and restrain with the civil sword the stubborn and ill doers So far they If it be here obiected that the autority of the Convocation is not a sufficient ground for that which was enacted in Parliament I answer These articles stand confirmed by Royal assent of the Prince for the establishing of whose supremacy the oath was framed and also by a special Act of Parliament in the 13. year of Queen Elisabet ch 12. Seing therefore the makers of the law have full authority to expound the law and they have sufficiently manifested that by Supream Government given unto the Prince they understand that Government only which is exercised with the Civil sword I couclude that nothing can be more plain then this That without all scruple the Kings Majesty may be acknowledged in this sense to be the supream Governor of all his dominions and Countries aswell in all spiritual or ecclesiastical things as temporall And so I have cleared the first main branch of the oath So far In Vsher And because this oath was so understood excluding all forrain power I have not found that any man excep the Papists did object against it And albeit Scotland used not this title in formality of words yet they did ever acknowledge the same power in their Soveraigne as is clear in the Confession of faith which was presented unto the Parliament An. 1567. where in Article 24. it is said We confess and acknowledge that such persons as are placed in authority are to be beloved honored feared and holden in most reverent estimation because they are the Lieutenents of God in whose seats God himself doth sit and judge yea even the Judges and Princes themselves to whom by God is given the sword to the praise and defence of good men and to revenge and punish all malefactors Moreover to Kings Princes Rulers and Magistrats we affirm that chiefly and most principally the conservation and purgation of religion appertaineth so that not only they are appointed for Civil policy but also for mainteinance of true religion and suppressing of idolatry and superstition whatsoever As in David Josaphat Ezechias Josias and others highly commended for their zeal in that case may be espied And therefore we confess and avow that such as resist the Supream power doing that thing which appertaines to his charge do resist Gods ordinance and therefore can not be guiltless c. Next it is remarkable that howbeit the Missal The Servicebook was not pressed was abolished and the Service-book was authorized in England yet the the Ministers were not astricted unto the full prosecution of it from the beginning the one might not be used and the other might be used yet they were not tiedunto it for many were for that Principle of Scotland whereof mention is made before and would have put away all ceremonies that had no warrant from the word of God and they did forsake them Neither did Mathew Parker Archbishop of Canterburry press any of his diocie to use those rites It is true he required them to use the Service book as we find he required John Fox to subscribe the old man produced the new Testament in Greek and said To this I will subscribe But when the subscription of the Canons was required he refused and said I have nothing in the Church but a prebend at Salisbury and much good may it do you if you will take it from mee So he was dismissed and continued in his Ministry till the day of his death And Ed. Grindal succeeding in that See was so far from pressing any unto Conformity as it was then called that he incurred the Queen displeasure for his connivence yea he not only connived but he was a favourer of the Not-conformists and when they began to use prophecying which in Scotland is called The. Exercise he resorted with them and commended them as appeares by that his Letter which he being under restraint wrote and sent unto the Queen in the year 1580. of which I have transcribed a part from Thom. Fuller's Church-Histor Lib. 9. he beginneth thus With most humble A Letter of Grindai in defence of many Ministers and of Prophecying remembrance of bounden duty unto your Majesty It may please the same to be advertised that the speeches which it pleased you to deliver unto mee when I last attended on your Highness concerning the number of preachers and the utter snbuersion of all learned Exercises and conferences amongst the Ministers of the Church allowed by the bishops and Ordinaries have exceedingly dismayd and disconforted mee not so much for that the said speeches sounded very hardly against my own person being but one particular man and not so much to be accounted of but most of all for that the same might tend to the publick harm of Gods Church whereof your Majesty by office ought to be Nutricia and also the heavy burden of your conscience before God if they should be put to execution ....... I thought it my duty by writing to declare some part of my mind unto your Highness beseeching the same with patience to read over this ........ If I should use dissembling silence I should very ill requite so many your Majesties and so great benefits for in so doing both you might fall into perrill towards God and I my self into endless damnation ...... I beseech your Majesty thus to think of mee that I do not conceive any ill opinion of you although I can not assent unto those two Articles then expounded I do with all the rest of your good subjects acknowledge that we have received by your government many and most excellent benefits as amongst others freedom of conscience suppression of Idolatry ...... I am also persuaded that ever in those matters which you seem to urge your meaning and zeal is for the best the like hath hapned to many the best Princes that ever were yet have not refused afterwards to be better informed ...... David hath not evill meaning when he commanded to number the people ...... Yet saith the Scripture his own heart stroke him and God by the Prophet reprehended him ........ And so to come to the present case ..... Surely I can not maruell enough how this strange opinion should once enter into your minde that it should be good for the Church to have few preachers Alas Madam is the Scripture more plain in any thing then that the Gospel of Christ should be plentifully preached and that plenty of laborers should be sent into the Lords harvest which being great and large stands in need not of a few but of many workmen There was appointed to Solomons material temple artificers and laborers besids 3000. overseers and shall we think that a few preachers may suffice to the building of the spiritual temple of Christ ...... I beseech your Majesty to note one thing necessary If the Holy Ghost prescribeth expressly that
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
the Word and Sacraments and the administration of criminall and civill Justice be so confounded that one man may occupy both the charges It was answered It is neither agreable with the Word of God not practise of the primitive Church 2. In Sess 3 They who receive excommunicate persons should be censured with excommunication after due admonitions if they desist not and if they be guilty after admonition though thereafter they desist yet they shall make publick râ—pentance of that fault 3. The Secretary of the Counsell presenteth certain heads concerning the assignation of Ministers stipends 4. Licence is given to Bishops Superientendents and Commissioners of visitation to take notice of the situation of parish churches and to change them for tâ—e commodity of the people as also of the gleebs 5. They who consult with witches or enchanters should be censured 6. Great or rich men being guilty of crimes should be censured even alike as poor men and no dispensation should be granted unto them for money though ad pios usus Where mention is made here of Bishops and Superintendents it is to be observed that at that time the Bishop of Santandrews had the visitation of Fife only and John Winram had the visitation of Perth-shire and John Spotswood continued in Lothian as before Next concerning these assignations and change of Parish-churches Bishop Spotswood in Histor Libr. 5. Shewes that this Regent subtilly drew out of the power of the Church the thirds of Benefices promising more sure and ready paiment unto the Ministers and to make every stipend locall with express promise that if they shall find themselves prejudiced they should be reponed to their possession whensoever they shall require it But so soon as hee was possessed of the thirds he took course to joyn two or three or four churches to one Minister who was tied to preach in them by turns and he placed in every parish a Reader to read prayers and the word in the Ministers absence and the Reader had 20. or 30. pounds Scots and the Ministers were put to a necessity of attending the for mer assignation and then a precept for paiment or if their necessity did urge to seek augmentation a petty thing that was granted was dear bought by the losse of time and charges in seeking it The Superintendents were no better used when they complained that their portion was with-held it was sayd Theit office was no more necessary seing bishops now are in the Diocies and the ecclesiasticall jurisdiction belongs unto them So the Regent seeking to enrich himself losed the Church and when they sought to be restored to their former possession according to the Act of Parliament and his promise after many shifts and delayes he told them Seing the Superplus belongs unto the King it was fitter the Regent and Counsell should modifie the stipends of Ministers than that they have the designation of the Superplus Thirdly observe that when the proposition was made fairly to change and unite churches for the expediency of the people the Assembly gave not power unto the Commissioners to unite parishes at their pleasure but gave way unto the proposition in so far as expediency of the people required as appeares clearly by a Letter writt by John Erskin the Superintendent unto the same Assembly in these words Hearing that in my absence a complaint was given upon mee alledging that I had destroyd or caused destroy the church of Inshbrayak and to have joyned that parishon to the Church of Maritoun I have thought good to declair unto your Wi. my part in that cause I never did destroy a parish-church but would had the reparation of all As to that church of Inshbrayak I in my visitation finding it spoiled and broken down did request the parishoners there of to resort unto the church of Maritoun being neare unto them untill their own church were bigged and repaired to which they did consent not to continue ever so but for a time untill their own church were bigged the which I wish to be done shortly and what in mee lyeth to further the same shall not be omitted This is the trueth of that matter And if it be found otherwise I shall build the church on my expences If your Wisdomes think any fault here-in I am subdued and shall obey your godly judgement Under this Letter is written thus At Edinburgh August 10. 1573. The Church presently assembled findeth no fault in the premisses done by the Superintendent but all his proceedings there in worthy of praise And it is subscribed by the Clerk of the Assembly J. Gray XI The Assembly conveenes at Edinburgh March 6. 1574. where 1574. The 26. Assembly were Earls Lords Bb. Superintend c. Androw Hay Minister is chosen Moderator 1. The Bishop of Dunkell is ordained to confesse his fault publickly in the church of Dunk for not executing the Sentence of the Church against the Earle of Athole 2. George Bishop of Murray is ordained to be summoned to give his purgation of the fornication alledged to be committed by him with the Lady Ardross 3. Commission was given to certain Ministers to summon the Chapter of Murray before them to examine their proceedings and what ground they had to give unto the foresaid George douglas their testimoniall without due tryall of his conversation and literature 4. Unto the L. Regent and Lords of the Privy Counsell with others of the States now eonveened with his Grace the Church generall now assembled wisheth everlasting health in Christ That holy mystery of God is not unknown who hath ehosen unto himselfe a Church and that from the beginning which shall continue for ever And the same is the company of the faithfull professors of Christ Jesus And in his Church God hath appointed his holy mysteries to be ministred and calleth men to be Ministers of them that by the same Ministry the elect of God may be called regenerat and nurished unto everlasting life For preservation of the holy Ministry and Church in purity the Lord hath appointed Assemblies conventions not only of the persons appointed unto the Ministry but also of all the members professing Christ which the Church of God hath continually used and useth the same assemblies sanctified by the word of God and authorized by the presence of Jesus Christ It is also known unto your Gr. that since God hath blissed this Country with the light of his Euangell the wholl Church most godlily appointed and the same by Act of Parliam was authorized that two Assemblies of the wholl generall Church within this realm should be every year alswel of all members thereof in all States as of the Ministers these assemlies have been continually from the first ordinance keept in such sort that the most Noble and of the highest estate have joined themselves by their own presence in the assemblies as members of one Body concurring voicing and authorizing in all things their proceedings with their Brethren And now at this
present the Church is assembled according to the godly ordinance and looketh to have concurrence of their Brethren in all estates and wisheth from God that your Gr. and Lords of Privy Counsell will authorize the Church in this present Ass by your presence or by yours having your Commission in your Gr s and LL s names as members of the Church of God for as your Grs. persence and the Nobilities should be unto us most confortable it is most earnestly wished of So your Grs. absence is unto our hearts most dolorous and lamented whereupon followes the want of a great part of the menbers that can not well be absent from treating these things that appertain unto the Church policy thereof in assembly all together to be handled by advice of all and to which end the assemblies are appointed the authority whereof your Gr. knowes to be such as the contempt of it tendeth to the very dishonor of God And therefore as yee esteem yourselves to be members of Christ and of his Church shew the fruits thereof which it is not the least to â—oin yourselves unto the Church not only by hearing the word and receiuing the Sacraments but in conveening also with your Brethren the holy assemblers The which to do wee give you admonition in the name of the Lord extending this our admonition to euery person of whatever estate that are present with your Gr. and L L. and especially wee admonish the Bishops and such as are of the Ministry to ioyn themselves with us according to their duty Otherwise they will be thought unworthy the office they beare The time the Church will sit will be short and time would not be neglected and yet the Church is not so precise but that men may aâ—ter their presence given in the assembly have liberty as time requires to wait upon their lawfull business And this admonition wee give your Gr. with all reverence humility and chiefly in respect your Gr. by your own articles questions sent to the Church desireth first to be admonished charitably when soever offence ariseth before the same be otherwise traduced 5. Some were appointed topenne the heads of the jurisdiction of the Church and to present them unto the assembly 6. Concerning the jurisdiction of bishops in their ecclesiasticall function it is concluded that the same shall not exceed the jurisdiction of Superintendents which heretofore they have had and presently have And they shall be subject unto the discipline of the generall assembly as members thereof even as the Superintendents have been heretofore in all sort 7. No Superintendent nor Commissioner of planting churches shall give Collation of Benefice nor admit Ministers without the assistance of three qualified Ministers of their Province who shall give their testimonialls to the Superintendent or Commissioner subscribed with their hands in signe of their consent And likewise that no bishop give collation of any Benefice within the bounds of Superintendents within his Diocy without their consent and testimonialls subscribed with their hands And that Bishop within their Diocies visite by themâ—seves where no Superintendents is and give no collation of Benefice without consent of three well qualified Ministers as said is of Superintendents c. 8. Commissioners were appointed to conveen with the L. Regent and the Lords deputed by the Counsell To conferre and reason upon the heads of the jurisdiction and policy of the Church and other heads articles that shall be proponed by his Gr. unto them 9. Concerning the appointing of many Churches unto one Minister that the matter may be more plain the Church declares that howbeit sundry churches are appointed to one Man yet shall the Minister make his residence at one Church which shall be his charge properly and he shall be called Minister of that Church as for the others unto which he is nominat he shall have the oversight of them and help them so as the Bishop Superint or Commissioner shall judge expedient and occasion shall permit from his principall charge which he may no way neglect And this order to remain only whill God of his mercy send moe labourers into his harvest For clearing the history observe first by comparing what is done in this assembly with what is written immediatly before we see a variance betwixt this Regent and the Church This variance was not reconciled all the time of his Regiment It was for Episcopacy and the uniting of Churches and both these the Regent affecteth upon account of the Church-rents And Bishop Spotswood in the Histor Pag. 273. saith Nor left he any means unassayed that served to bring moneys into his cofers which drew upon him a great deal of hatred Secondly as the Bishops were intruded upon the Church unwillingly howbeit way was given for a time yet as they said in the Act of accepting them they delay not to curbe the Bishops both in their jurisdiction and conversation Thirdly when the Bishops were so hemmed-in they are not contented but seek to put away Superintendents as appeares by denying their stipends and the liberty of meeting in Assemblies and therefore this assembly do so much urge the authority and necessity of Assemblies Fourthly they alledge an Act of Parliament for assembling twice in the year certanly they would not have alledged it in such a manner if such an Act had not been but whither it was in the Queens time or in King James time it is uncertance because such an Act is not printed Fifthly because it was alledged in the end of the former year that the jurisdiction of the Church belongeth unto the Bishops therefore the assembly sets upon a constant policy of the Church and this was a work of some years as followes and the result was the Second book of Discipline Sixthly the Nationall Church was so far from barring the Supreme Magistrate and Counsellers out of the Assemblies as a railer against the Scots discipline hath lately vented in print either ignorantly or impudently that they did not only lament his and their absence but charged him and them in Gods name to be present c. And what was the practise after that time de facto it will appear hereafter The Assembly conveenes at Edinb August 7. here were Barons Bb. Superinten The 27. Assembly c. John Duncanson Min. at Tranent is chosen Moderator 1. Because Alexander Bishop of Galloway had not satisfied according to the injunction of the Assembly in the year 1573. John Brand Min. at Halirudhonse is ordained under pain of deprivation to excommunicate him if he satisfy not 2. If any Bishop Superintendent or Commissioner of visiting churches shall be found negligent or not to exerce their debtfull charge in visitation and teaching or be culpable in life he shall be censured according to the quality of the offence either by admonition publick repentance deprivation for a time or simpliciter 3. No Minister shall use or exercize the office of Collectory or Chalmerlanery under any
conferre with the Moderator upon the purposes to be treated in the assembly and to form the Acts before they were read in the assembly This was like unto that which in the Councell of Trent was called The Congregation Within some years all matters were debated and concluded in the Privy Conference and the body of the assembly had litle to do namely after the year 1597. such men were named to be on the Privy Conference who for the most part were known to favour the purpose intended and one or two whom the chief leaders knew to be contrary minded were also named to be there to the end they might know what the contrary party would object and when the acts were in voting and penning these two or mo could do nothing by their few votes and when their conclusions were propounded in the open assembly it was called presumption to oppose what was debated and concluded by the Priuy conference especially after the erection of Bishops the Archbishop of Santandrews by his power did name the Privy conference and so were things carried both in the Generall and Episcopall or Diocesane Synods 2. The Authour of Vindiciae Philadelphi Pag. 53. Shewes that Patrick adamson was a Minister soon after the reformation and because of the small stipends at that time left the Ministry and went to France to study the lawes and when he returned he became an Advocat thereafter he turned again into the Ministry at Paisly from that he removed to be Chaplain unto the Court that so he might attain a Bishoprick for then the Courtiers sought men unto the name of Bishops whom they could find contented with a cheap portion and he accounted that portion better then a Ministers stipend he gote the Bishoprick of Santandrews when he knew that the assemblies were going to abolish that Office and wee have heard before from The historicall narration how he distinguished the three sorts of Bishops At that time when he was summoned before these Commissioners he dissembled his mind and promised to obey whatsoever the Church shall decern of Episcopacy and nevertheless did so far as he could undermine what the Church was a doing In the year 1582. he was taken with a lingring sicknes and sought the aid of a witche when he had keept within doores almost a year scarcely having recovered health he in a Sermon before the King did inveigh bitterly against the Order of the Church assemblies to wit being guilty of his offences he both privatly and publickly did strive against the Church as his mortall enemy So far there and more followes afterwards In the next Assembly at Edinburgh Octber 25. David Lindsay was chosen Modarator and the Privy Conference The 32. Assembly set as is said before 1. The assembly directes some Ministers unto the Lord Regent entreating his presence or Commssioners in his name Three severall dayes they sent and his answer still was that he was so taken up with publick affaires that the could not be present but he willed them to continue in the matter of the Policy and put it to an end 2. What was done in that matter was propounded in the second Session and all men were required to declare the next day any other head or particulare if they knew any meedfull to be disputed These heads but no new ones were disputed again and again in severall dayes 3. Patrick adamson brings from the Lord Regent a Letter which was sent unto him from the Queen of England shewing that a Councell was to be at Magdeburg for establishing the Augustan Confession and craving the advice of the assembly whither they think good to sent thither any Ministers of this Nation and whom they will name The next day were named And. Melvin Patrick adamson David Cuningham George Hay David Lindsay William Cristeson Alex. arbuthnot and Rob. Pont John Craig was sent to shew this nomination unto the Regent that he may choose any two or three of them for that end After two days John Craig reports that the Regent was well pleased they had given him the choice and in his opinion Androw Melvin George hay and Alexander arbuht not were meet yet craving the advice of the assembly herein that thereafter he may resolve with the Counsell Three were sent again to know the Regents will concerning Andrew melvin George hay and â—â— as he would appoint the Modefiers of the Ministers stipendâ— to conveen for ordering the Roles They report he was pleased with these two and had appointed the Modefiers to conveen 4. In Session 13 the heads of the Policy of the Church were read publickly and agreed upon except that head De Diaconatu as also that they shall be presented unto the Regent as agreed upon as said is without prejudice of further reasoning So James Lowson Rob. Pont David Lindsay and the Clerk of the Assembly are ordered to put them in mundâ— according to the originall and John Duncanson David â—â—rguson and John Erskine of Dunâ—are appointed to revise them and being found conform â—nto the originall the first three are ordered to present them with a Supplication in name of the Assembly And if the Regent will crave conference upon these heads the Assembly nameth Patrick adamson John Erskin of Dun John Craig John Row Alexander arbuthnot Andrew meluin James Lowson Ro. pont David Lindsay An. Hay Geo. Hay and John Duncanson to wait upon the Conference when the Regent shall advertise XV. The Assembly conveenes at Edinb 24. 1578. And. Melvin is chosen The 34. Assembly Moderator 1. Some are sent unto the King and Counsell to petition that he would send Commissioners in his Ms name to assist the assembly with their presence and counsell The answer was Two shall be deputed the next day 2. It is appointed that Bishops and all others bearing ecclesiasticall function shall be called by their own names or Brethren 2. The Brethren that were appointed by the preceeding Assembly declare that as they were ordered they had presented unto the L. Regent the book of Policy and the Supplication and a day appointed for a Conference but the alteration of Authority hath interveened and for preventing corruption in the the beginning of his Ma s Government they had presented unto his Ma. and Counsell a Supplication with four articles one for observing the Act of Parliament concerning these who beare Office in the realm another for putting order to the late murder in Sterlin a third for the policy of the Church and a fourth for support against the appearing famine The Lord Heres and the Abbot of Deir who were sent by the Counsell were asked their opinion concerning these Articles They answer They were sent not to vote or conclude but to heare and see the proceedings of the Assembly and they would insist at the hands of the Counsell for answer unto their Articles In the next Session some were directed unto the Lord Heres and the Abbot to put them in remembrance of the
J. Christ correction of manners and administration of the holy Sacraments and declares that there is no other face of Church nor other face of religion than is presently by the favor of God established within this realm and that there be no jurisdiction ecclesiasticall acknowledged than which is and shall be within the famin Church or which flowes there from concerning the premisses 3. All markets and faires were forbidden to be keept on the Sabboth-day or in any Church or churchyaird so all handy-work on the Sabboth-day all gaming playing passing to taverns and aile-houses and wilfull remaining from their parish-church in time of Sermon or prayers and a pecuniall mulct layd upon the transgressours respective to be payd for the use of the poor of the parish 4. An Act was made concerning these who send their children out of country 5. Every housholder having lands or goods worth 500. pounds was obliged to have a Bible which at that time was printed in folio and a Psalme book in his house for the better instruction of themselves and their families in the knowledge of God 6. In the table of Acts not printed is mention of a Commssion anent the Jurisdiction of the Kirk the last part thereof Observe 1. The Parliament in the year 1560. is acknowledged to have been a lawfull Parliament 2. We may see that the disciplin at that time in the Church was authorised and ordained to continue Moreover what was the estate of the Church at that time wee may learn from an Epistle of Andrew meluin unto The. Beza dated Nouember 13. An. 1579. Wee have not ceased these fyue years to fight against pseudepiscopacy many of the Nobility resisting us and to presse the severity of discipline wee have presented unto his Roiall Majesty and three Estates of the realm both before and now in this Parliament the form of discipline to be insert among the Acts and to be confirmed by pulick authority wee have the Kings minde bended toward us but many of the Peers against us for they alledge if pseudepiscopacy be taken away one of the Estates is pulled down if presbyteries be erected the Rojall Majesty is diminished if Church-goods be restored unto the lawfull use the Kings treasury is emptied Seing the B. with Abbots and Priors make up the third Estate and all jurisdiction both ecclesiasticall and politicall belongeth unto the King and his Counsell and things ecclesticall should by their Sentence be adjudged unto the Kings treasure That they do speak or think so the cause in many is ignorance in others a wicked life and evill manners and in many a desire to catch the goods of the Church which yet remain or fear of losing what they have taken and what shall I say of that they hold that the Sentence of excommunication is not lawfull untill the cause be known by the Kings Counsell for they knowing their own guiltiness are feared for the Sentence of the Presbytery not so much for fear of Gods judgement as for terror of the civill punishments which by our lawes and practise do follow lastly whill they have regard unto the wisdom of the flesh more than unto the reveeled word of God they wish that all things should be carried in the name and at the beck of a Bishop or one perpetuall overseer and would have nothing administred by the common sentence of the Presbytery The Lord in mercy sweep away these evills from his Church This epistle is in Vindic. Philadelph Pag. 41. Immediatly before this Parliament the Duke d'Obigny afterwards styled Earle of Lennox came into Scotland towit in the last week of Septemb. as Spotswood shewes in Histor Pag. 308. Now if we conferre that time with what is written in that page his splene may appeare against the truth for he makes the Duke's coming to be a cause of variance betwixt the King and the Church at the Assembly preceeding where no difference was appearing but afterwards some what followes Jelousies and emulations were in the winter following among the Noble men as the Earle of Athol Chancelor was envied and died and others fled out of the Country but no variance did as yet appeare betwixt the King and the Church-men XVII In Aprile 1580. a Proclamation was made in the Kings name 1580. ex deliberatione Dominorum Consilii charging all Superintendents and Comnissioners and Ministers serving at Kirks to note the names of all the subjects alsweel men as women suspected to be Papists or ...... And to admonish them ...... To give confession of their faith according to the Form approved by the Parliament and to submit unto the disciplin of the true Church within a reasonable space ...... And if they faile ...... That the Superintendent or Commissioners present a catalogue of their names unto the King and Lords of the Secret Counsell where they shall bee for the time between and the 15. day of July next to come to the end that the Acts of Parliament made against such persons may be executed The Assembly conveens at Dundy July 12. here was the Laird of Lundy Commissioner The 38. Assembly from the King Commissioners c. James Lowson is chosen Moderator 1. Some spake against the Privy Conference as if tyranny and usurpation might creep-in by it and liberty were taken from other members nevertheless after reasoning it was judged expedient to continue 2. John Craig one of the Kings Ministers delivereth this Letter from the King Trusty and welbeloved friends Wee greet you well Wee have directed toward you our trusty friend the Prior of Pettinweem and the Laird of Lundy instructed with Our power for assisting with their power and counsell in all things that they may tending to the glory of God and preservation of Vs and Our Estates desiring you heartily to accept them and Our good will committed to them for the present in good part so wee commend you to Gods blest protection From our palace of Falkland July 11. 1580. 3. Forsomuch as the Office of a Bishop as it is now used and commonly taken in this realm hath no sure warrant authority nor good ground out of the Scriptures of God but is brought in by folly and corruption of mens inventions to the great overthrow of the Church of God The wholl assembly in one voice after liberty given to ail men to reason in the matter and none opponing himselfe to defend the said pretended Office Finds and declares the same pretended Office used and termed as is above said Unlawfull in itselfe as having neither ground nor warrand within the Word of God And ordaines all such persons as use or shall use hereafter the said Office shal be charged to dimit simpliciter quite and leave-off the same as an Office whereunto they are not called by God And to desist and cease from all preaching ministration of the sacraments or using any way the office of Pastors untill they receive de novo admission from the Generall assembly Under the pain of
Presbyteries were ever aimed at and in some parts begun but this winter following with consent of the King and by his commission they were constitute through all the realm as followes in the next assembly 3. Wee have heard a complaint here of many Apostates come into the country and namely in the end is mention of Nicolburn he was a professor of Philosophy in S. Leonards Colledge and became a Papist At that time were found some dispensations sent from Rome permitting Papists to promise swear and subscribe and do what other thing might be required of them so that in mind they continue firm and vse diligence to advance privily the Roman faith These dispensations were shewd unto the King for remedy at first he gives order unto one of his Ministers John Craig to writ a form of abiuration of Papistry In obedience John Craig writes a Confession relative unto the former Confession which was wholly positive and abjuring all the corruptions of Rome both in doctrin and superstitious rites and wholl hierarchy together with a promise to continue in the obedience of the doctrin disciplin of this Church and to defend the same to our vocation and power all the dayes of our lifes under the paines contained in the law and danger both of body and soule And he addeth and seing many are stirred up by Satan and that Roman Antichrist to promise swear subscribe and for a time use the holy sacraments in the Church deceitfully against their own consciences minding thereby first under the externall cloak of religion to corrupt and subvert secretly Gods true religion within the church and afterward when time may serve to become open enemies and persecutors of the same under vain hope of the Popes dispensation devised against the word of God to his greater confusion and their double condemnation in the day of the Lord Jesus Wee therefore wilâ—ng to take away all suspicion of hypocrisy and such double dealing with God his Church protest and call the Searcher of all hearts to witness that our minds hearts do fully agree with this our Confession promise and subscription so that we are not moved for any worldly respect c. These words were added for the better tryall of Papists and the sincerity of professors This Confession was subscribed by the King his houshold January 28. 1580. or according to the râ—ckoning of other Countries 1581. and a charge was given by the King March 2. and it was proclamed commanding Commissioners and Ministers to urge their parishoners to subscribe this Confession and to delate the Refusers unto the Ministers of the kings house that the K. and Counsell may take order with them and more of it followes In the mean time to-wit December 31 the Earle of Morton was challenged Januar. 18. he he was imprisoned at Dunbarton Juny 1. he was arraigned and condemned for that he knew the plot against the kings father and did not reveel it and the next day beheaded A rare exemple of humane frailty he who lately was Governor of the realm and in the preceding year waâ— the object of the great Ones envy was brought so unexpectedly to such a death Before his execution he remembred what John Knox had said unto him and called him a true Prophet XVIII The Assembly conveens at Glasgow Aprile 24. year 1581. where 1580. The 40. Assembly was Will. Cuningham of Caprintoun commssioner from the king Commissioners from Synods c. Robert pont is chosen Moderator 1. Forsomuch as for purgation of the Ministry from unworthy persons in that function Order was taken in the last Assembly that all men whither Ministers or others should give up the names of scandalous Ministers as they will answer unto God yet by shortness of time no great effect followed Therefore as before the Assembly requires all men as they tender the glory of God and the wee ll of his Church that they delate and give up the names of such persons in writ tomorrow after noon c. The Originall Register wanteth the third and fourth Sessions 2. Whereas in the Assembly at Dundy in the Act against Bishops some difficulty appeared unto some brethren by the word Office what is meant by it The Assembly present consisting for the most part of them who were present and voiced in that Assemb to resolve men of the true meaning of that act Declares that they meaned wholly to condemn the estate of bishops as they are now or lately were in Scotland and the same was the determination of the Church at that time 3. The Kings Commissioner delivereth the Kings Letter together with certain rolls containing a form of planting particular churches and the number and names of the presbyteries with the names of churches within every Presbytery The Assembly appointes certain persons within severall Provinces to conveen tomorrow at sixe a clok in the morning to sicht these rolls and report c. 4. The Assembly having received from the King some demandes propounded in writ with the answers unto the Articles that were presented unto his Ma. by the Church and a Copy of a Letter to be directed unto Barons and Ministers for union and division of Churches with the names of the persons that were appointed to travell in that work And thereby understanding the godly and zealous mynde of his Ma. did praise God heartily the He had moved the Kings heart to have a care of his Church Anâ— first entring into consideration of the Answers thought good to insist with the King and Counsell in these articles 1. That it would please his Ma. to appoint a Judge in Edinburgh to cognosce and judge of injuries don to Ministers in execution of their Office and to punish according to the quality of the crimes and appoint a Proctor for the Ministers injured 2. That an act of Parliament may be made concerning the deprivation of scandalous Ministers and the causes of deprivation to be expressed in the act 3. That the Benefices vaking may be disponed unto the Ministers where the Benefice vakes if they be able as it was agreed in the Conference at Sterlin Followes the tenor of the Kings propositions given by his Commssioner with this inscription Instructions to our trusty and welbeloved Willam Cuningham of Caprintoun directed by Us with advice of the Lords of the Secret Counsell Unto the Assembly of the Ministers of the Church conveened at Glasgow Aprile 20. 1581. You shall deliver Our Letter unto them and let them understand that such of their number as travelled with Us having desired Our answer unto their Articles sent from the Assembly in Dundy in July last Wee caused some of Our Counsell conferr with them at severall times in Octobeâ— last as also lately which all find the matter concerning the thirds of the Benefices mentioned in the first of these Articles as there required not to be the readiest means either to make the Ministers assured of their stipends or to make Us any reasonable
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
not expedient to trouble your Majesty untill wee see what order shall be taken with these grievous complaints Beseeching your Majesty most humbly for the love of God who hath placed your Gr. in this Royall throne and hitherto hath wondrously maintained and defended your authority carefully to look upon these matters as becomes the Lieutenant of God and a Christian King And with advice of them that fear God and do tender your Gr. estate quietnes of this Common well so to redress the premisses that Christ be acknowledged above all and his messingers without fear or stop be suffered to execute their office the course of the gospell advanced and by the exemple of the worthy punishment on them who so licentiously and contemptuously have wronged and injured Ministers and Professors of Gods word that others hereafter be afrayd to enterprice the like The next Assembly is appointed to be at Edinburgh October 24. next It is objected against this Assembly that they did allow the Sentence of excommunication against Ro. Mongomery whereas it was pronounced summarily by one man in a private congregation to wit by John Davidson in the church of Libbertoun and upon this ground it was declared null by the Counsell It is ansuered 1. That he who hath often objected this testifieth that before the Assembly it was allowed and intimated in all the Churches of the country 2. In the Assembly of October year 1581. was a Generall Act ordaining summary excommunication against these who through ambition or covetousness did by such violent means intrude themselves into any function of the Church or who did obtend or use any Letters of charge to impede the disciplin See before at the VIII particulare 3. When this was objected many years since the author of Vindici Philadelph Pag. 29. answered for this instance that the Assembly in October knowing the mans inconstancy did advertise the Presbytery of Glasgow that they should diligently take heed that he usurp not the power of a Bishop and if he shall do so they were ordered to â—ondem him of contemptuousness and perfidiousness and to advertise the Presbytery of Edinburgh unto whom the Assembly at that time gave power to excommunicate Robert Mongomery in this case and so the presbytery of Glasgow notwithstanding the opposition made by Minto went on and decerned against him and the presbytery of Edinb pronounced the Sentence of excommunication and it was intimated in all the pulpits So for there In the same place wee find what was the successe at Perth When the Supplication was presented James Stuart a brother of Ochiltry who had been Tutor of the Earle of Arran and thereafter was made Earle of Arran and at rhat time was Chancelor and â—omenter of all these mischiefes did menacingly ask Who dar subscribe that Supplication Andrew Melvin answered Wee all will subscribe it and so he did subscribe it and after him John Erskin of Dun Th. Smeton Ro. Pont Da. Lindsay An. Hay Pe. Blackburn Tho. Buchanan and Pa. Galloway English men which were there did admire their boldness and thought that they had some privy attendents for their guard but they were dismissed without answers Bishop Spotswood omitting this passage saith To their grievances they received Generall answers and for the brethren of Glasgow their tryall was continued to the tenth of September next before which time the surprise of the Kings person at Ruthven fell out which altered the state of all affaires some of the nobility combining A Change of the Kings Court at Ruthven An 1582. themselves for defence of Religion and the liberty of the Kingdom as they pretended sayth he upon notice of the Duke of Arrans I conceive an error in the print for the Duke and Arran's absence from the Court placed themselves about the King and detained him some dajes at the house of Ruthven The principalls were John Earle of Marre William Earle of Goury Patrick Lord Lindsay Robert Lord Boid the Mast s of Glams Oliphant the Abbots of Dumfernlin Paisley Driburgh Camsbuskenneth the Lairds of Lochlevin easter Weemes Cliesh and the Constable of Dundy At this time the Earle of Arran was taken and keep prisoner and the Duke of Lennox being advised by the Kings letters went to France and died at Paris in the beginning of the year following These particulars are at length loc cit After the departure of the Duke the town of Edinburgh brought back their Minister John Dury with great joy singing as they went up the striet the 124. Psalme Now Israel may say c and as I heard some credible persons which were there as that time say they added after the Psalme Now hath God delivered us from the Devill the Duke and all his men The King went to Edinburgh in the beginning of October and there The 43. Assembly conveenes the Assembly in afrequent number of Noble men many Barons and Ministers Commissioners David Lindsay is chosen Moderator In Sess 2. The Ministers of Edinburgh were sent unto the K. to petition that he would send his Commissioners unto the Assembly The Commissioners that were sent by the former Assembly unto the King with the grievances report the answers in write these were read and judged not to answer the Articles therefore it is appointed that they shall be further insisted on with other things that are to be craved and four are appointed to form them in write In Sess 3 James haliburton Provest of Dundy and Colonell Will. Stuart come and deliver their Commission from the King in this tenor Wee by tenor hereof with the advice of the Lords of our Secret Counsell give and grant authority full power and commission to our right trusty and welbeloved friends James haliburton ...... And Col. Wi. Stuart coniunctly and severally for us in our name To pass unto the Generall assembly of the Church of our realm and there to hear and consider the matters propounded tending to the advancement of Gods glory and his true religion the correction of manners and retaining the ecclesiasticall matters in decent comely order as the word of God allowes and to report the matters propounded and treated unto us for our allowance and ratification of the same as appertaines and generally all and sundry other things to do that to the furtherance and assistance of all godly good matters is necessarily required firm stable ........ Subscribed with our hand at Halirudhouse October 10. 1582. and of our reigne the 16. year IV. The places where the Provinciall synods shall conveen should be changed as the brethren thereof shall judge that no ambition growe by continuing in one place V. Seing great scandall ariseth by the impunity of Bishops being altogether out of rule the Church thinks expedient that the Kings Commissioners the Lord Boyd the Laird Caprinton with the Moderator and his assessors conveen and solidly advise upon some substantious order VI. The Lord of Paisley in name of some Noblemen gives the Church
and this your country Beseeching your Majesty for the tender mercy of God to call unto your Majesty some of the wise discreet and indifferent and by their counsell to make a Moderate order that unquiet spirits may be ruled good men cherished and the hearts of all your subjects united to the maintaining of Godâ— glory preservation of your Majesty and estate and the comfort of all them who bewail this miserable dissolution With this supplication particular instructions were given unto the Commissioners for declaring these heads 1. How heavily the godly are offended and all the Church is scandalized that David Chalmers a man notoriously known unto his Majesty and Counsel to be not only a professed enemy against the truth of religion and plain practizer against it but against his Ma s authority estate in all parts where he traveleth having also lying upon his head the vile bruit and common suspicion conceived in the hearts of many upon no small obscure presumptions of the cruell and barbarous murder of the most Noble person of his Ma s Father of good memoâ—y Is so suddenly and with so small account entred in favor and received his Ma s pacification with Letters to dispossesse faithfull Ministers of their livings and possessions no due satisfaction being made to the Church a matter importing no less prejudice to his Mr s noble estate and that touching his Majesty in the hiest point of his honor and therefore his Majesty would be moved to look wisely upon the consequents of this and in consideration of this weighty grief would call back and suspend the effect and force of any thing granted unto him and the charge given to his reposition untill that after just lawfull tryall his innoceney be agnosced and the Church so much offended in his person be satisfied and the same satisfaction to be returned unto his Majesty from the Church 2. The young Laird of Fintry directed into this Country as wee are surely informed to practize with his Majesty and his lawfull Subiects for overthrownig of religion by power of friends now in Court and wheresoever he comes plainly maintaines papistry and under color of conference which by all means hy flyeth doth great scandall in the Counrry The third article is notoriously known By the 4. Article is meant the King of France the Duke of Guise and other Papists there and also within the Country as the Earls of Huntley Crawford and others The Church is hurt in her priviledges liberties as will appear in the article and as followes tacks of the thirds of Hadingtoun and Santandrews are set to the Laird of Seagy the Abbey of Arbroth to that Abbots young sone and the Abbot of Newbotle's sone is provided to that abbey The 9. and 10. are known as John Gairden is provided to the parsonage of Fordyce in the sixty year of God and standes stili titulare the Kings Majesty hath ser in tack the frutes of that Benefice to Rob. Stuart of Todlaw and command is given to the Lords of Session to grant Letters upon these tacks Alexander Arbuthnot is charged against the Acts of the Church to continue in the Colledge of Aberdien Under pain of horning The Ministers of the Chapter of Halirudhouse are charged by Letters of horning to subscribe a gift of pension to the Parson of Pennicook's wife and sone for their lyftimes against the same Acts c. VII The Act made Octob. 30. year 1576. concerning setting fues and tacks of Benefices and Church-livings is ratifyed with this declaration that under the said Act are and shal be comprehended all pensions factories and whatsoever disposition of a Benefice or any part thereof without the consent of the Generall Assembly And the disponers thereof shall incurr the penalty contained in the Act of July 2. year 1578. VIII The Synod of Lothian craves that the Assembly take order with John Spotswood for setting a tack of his Benefice without consent of the Assembly It is ordained that this particular be tryed by his own presbytery and be reported unto the next assembly IX Ministers bearing with people going in pilgrimage unto wells hard by their houses not only without reproof but entertaining them in their houses and who distribute the communion unto their flock and communicate with such guilty persons deserve deprivation X. Because by reading profane authours in Schools wherein many things are written directly contrary unto the grounds of religion especially in the Philosophy of Aristotle the youth being curious insolent do oft drink-in erroneous damnable opinions and grounding them upon the britle authority of these profane writers do obstinatly maintain their godless opinions in disputation and otherwise to the great scandall of the simple Regents and Teachers in Schools should vigilantly take heed if any thing be written in the profane Authours against the grounds of religion in teaching these they shall note and mark the places confute the errors and admonish the youth to eschue them as false and namely in teaching philosophy to note these propositions following as false and condemned by common vote of the Church Philosâ—phicall errors 1. Omnis finis est opus aut operatio 2. Civilis scientia est praestantissima ejusque sinis praestantissâ—mus est summum hominis bonum 3. Honesta jusâ—a sunt varia inconstantia adeò ut sola opinione constent 4. Juvenes rerum imperiti in libidinem proclives ab audienda morum Philosophia arcendi 5. Quod aliud ab aliis bonis per se bonum est causa cur caetera per se bona sunt non est summum bonum 6. Dei agnitio nihil prodest artifici ad hoc ut arte suabene utatur 7. Summum bonum vel minimi boni accessione augeri vel reddi potest optabilius 8. Paâ—per deformis orbus aut infans non potest esse beatus 9. Bonum aeternum bono unius diei non est magis bonum 10. Foelicitas est actio animi secundum virtutem 11. Potest aliquis studio suo felicitatem comparare 12. Homo in hac vita esse dici potest beatus 13. Post hane vitam nemo potest vel esse vel dici beatus nisi propinquorum vel amicorum ratione 14. Naturâ apti ad virtutem eam agendo comparamus 15. Virtus est habitus electivus in ea mediocritate positus quam ratio prudentis praescribit 16. Libera est nobis voluntas ad bene agendum 17. Mundus est Phyficè aeternus 18. Casus fortuna locum habent in rebus naturalibus humanis 19. Res viles inseriores non curat Dei providentia 20. Animae pars una vel etiam plures sunt mortales 21. Et quaecunque hinc pendent vel necessariò sequuntur And if any shall be found to do contrary to this act the censures of the Church shall proceed against him And also that no Master or Regent or any other assert or defend any
of these propositions not with that addition Physicè probabiliter or the like Under the pain of the censure foresaid XI In Sess 16. His Ma s answers were returned from Sterlin 1. Understanding the first point to be meant of granting the benefit of pacification unto David Chalmers his Master and knowing that man to have been fotfeited only for that common action of his being at the field of Langside for which pardon was granted to so many he thought it no new or strange thing at the request of such as moved him to grant unto him the same benefit which many others had obtained yet no way intending to spare the due punishment of him or any other that may be charged or found guilty of the murder of his dearest Father or that are or shall be adversaries to the religion or impugners thereof against the lawes the execution of which he hath been is and will be willing to further 2. The second head being particularly mean'd of Fintry his M. wisheth the assembly to remember how he hath dealt in that matter and what testimoniall the Church of Edinb gave him nor hath his Majesty hindered the proceedings of the Church against him nor any other but mindeth to hold hand thereunto according to the lawes The third being meant of Wi. Holt an English man escaping out of the castle of Edinburgh his Majesty hath answered the Queen's late Ambassador and it is no strange thing to hear of a mans escaping but what they understand by indirect means of letting him depart his Majesty being specially informed thereof will after due tryall see the offenders punished according to their deservings The fourth head being very Generall his Majesty thinks the assembly will not judge it pertinent unto them to have vote in chusing his servants or to be too curious of the occasions of placing or removing them nor of the intelligence twixt him and other Countries for entertaining Civill peace from which no Princes or Common wealths abstain though being diverse in religion The 5. Head containing a generall complaint upon some specialls appearingly expressed in the matters following his Majesty wisheth the Assembly as they would be specially directly answered so to form their petitions forbearing particular exampls to ground their generall propositions and to remember that since he took the Government in his own person moe good lawes have been made for advancement of the Church and true religion then were before and the defect of the execution hath not been his default The sixth concerning the tack set to Seagy of certain victualls out of the superplus of the thirds which he had before in pension that is no new thing nor any way prohibited he could alswell content him with the pension as he had before free of all paiment of duty the necessary considerations moving to grant it are well enough known to many he is employd in publick service wanting the living whereunto he is provided in title during his father's life and his service is and may be necessary both to his Hi. and the Church For any thing that may be thought omitted in the provision of Ministers serving at the Churches annexed to Abbeys in the late disposition of them that is well supplied by the Act of Parliament The execution whereof is stayed these two years in their own default rather then any other way whill they have been craving their assignations continued as before and as yet have not answered his message sent by his Master of requests unto the Assembly at Santandrews Nevertheless his Ma. made choise of certain Barons and others of good qualification known to be zealous to the furtherance of that good work hoping to have had the assignations formed before the Assembly but being uncertain of the time appointed thereunto this year is doubtfull if they come to Edinburgh But if they come his Maj. shall sent them direction to proceed and also other things most needfull shall be resolved without delay Concerning the giving of church-livings to children and translating them to temporall Lordships his Majesty considereth his own losse and hinderance of his service there-in Whatsoever abuse hath entred before he accepted the government time and the approbations of these provisions by decriets of the Session have brought the matter unto that estate as it can be helped no other way but by the Parliament unto which when it shall be propounded his Majesty shall hold hand to have all possible reformation thereof The default of punishing vices mentioned in the. 9. head and of the provision of the poor and punishing vagabonds can not justly be imputed unto his Ma. who was ever willing to give commission unto such as the Ministers thought meetest to execute the same The. 10. head being generall his Majesty would be glad not only to have it explained but to hear all good advices that shal be offered for reformation of that which may be found amiss and how his lawes may have place and justice administred to the confort common benefit of all his good subjects The 10. head is also very generall as for that one exemple the removing of the Principall of Aberdien to be Minister of Santandrews his Majesty trusteth the assembly will not think that matter the substance being well considered to be either so proper to the Church or so improper unto the Civill estate but that his Hi. and Counsell had good ground and reason to direct his Letters as he did upon the generall respect of the north country wherein none was prejudged seing there was no charge containing power to denounce at the first but rather to do the thing required or compeare and show a cause in the contraty What is said before briefly of a process against Pa. Adamson is cleared by The Historicall Narration that he had a long and filthy sicknes and for curing it he had sought help of a witch and recovering health in some measure he in a preaching before the King declared against the Lords which lately had guarded the King and against the Ministry for which he was warned by the Presbytery of Santandrews and the witch with whom he had consulted and from the Presbyrery the cause was brought before the Synod of Fife In the Assembly the processe was found orderly deduced and he had been warned by the Synod apud acta to compear before the Generall assembly in October for contumacy in not compearing by the assembly he was suspended from the office of the Ministry and it was appointed that farther tryall should be taken of his life and corrupt doctrine But he pretending that he was going to the well of Spae for his health purchased from the K. security that during his absence the church should not proceed against him yet it was his purpose to stay in England and there to seek the advice of the most corrupt sort for the overthrow of disciplin in the Church of Scotland for he thoughr that the surest course to keep his Benefice At
charging them in the mean time to remain in warde within Edinburg untill the passing away of the first ships wherein they shall be entred and sent away And that it be denounced unto them that if they return at any time hereafter without your speciall licence the law shall be execut against them to death without any more process 2. That the Lairds of Fentry Glenbervy younger and other excommunicated Papists which shall be given up in writ may also be called before your Majesty Counsell and such things be laid unto their charge as they are culpable of according to the Acts of Parliament that the penalty thereof may be executed upon them and other apostates from the true religion which once they had embraced be called also and punished 3. That summons be presently directed against all receipters of Papists Jesuits Seminarie-priests and all traffiquers against true religion and likewise to summon witnesses by whose depositions they may be convict of the foresaid crimes and specially that such as are of the Estates and are culpable of apostasy or papistry shall no way be suffered but called and convict thereof and if they be apprehended for other crimes shall on no way be pardoned untill they have satiffied both your Majesty and Estates and also the Church And generally that all Noble men whatsoever without exception known to be entertainers of Papists or enterprising any thing against the true Religion shall be put presently in ward or exiled Concerning the planting of Churches this is our advice that Commissioners be directed from your Majesty and this Generall assembly into the north and south parts of the country to visite and plant Ministers where need requires for repressing Papistry and having Commission alswell from your Majesty as from the Church to call before them all that are suspected of perverting true religion or revolting from it and to do all other things for reformation of these parts And because this work can not proceed unless provision be made alswell to the Commissioners of the Church as Ministers to be planted in necessary places that certain persons be deputed from the Counsell and some of the Ministry To conveen with all expedition to sight the rols of the thirds that it may be considered what may be spared unto that effect and where these thirds have been abused to see how they may be reformed and that the Act made for discharging pensions out of the thirds and superplus and proclamation that hath passed thereupon may take full effect Likwise giving power unto these Commissioners to reform Colledges Schools and where the rents thereof have been abused to put convenient remedy thereunto and where it can not serve to see how it may be helped and that qualified men be placed in the roume of idâ—e bellies and to depose from the Ministry and from their Benefices all that shall be found unworthy or scandalous in life or doctrin alswell Bishops as others Lastly that it would please your Majesty take some solide order that the lawes made for punishing vice and Commissioners appointed thereunto may take some good effect And that order be taken with the poore that wander up and down the country without law or religion With this Supplication was also sent a catalogue of the Papists in every Province II. In Sess 5. Rob. Rollok And. Melvim To. Buchanan and Pa. Sharp are ordered to visite the Reply of Peter Blackburn unto the book of the Jesuire Ja. Gordon In Sess 14. They report that on the part of the Jesuir they have found much diligence and sophistry and they praise God for the Reply where in they have found solide judgement and great light to the praise of God and overthrow of the enemy In Sess 8. The Assembly directes the Minister of Disert to charge Patrik Adamson to compear personally and present his own petition In Sess 16. Patrik Adamson Bishop is convict of transgressing the Act of Conference and therefore deprived of his office of Commission and Thomas Buchanan is placed in his roome untill the next Assembly IV. The Assembly takes into consideration the process led against Robert Mongomery and the Supplication given-in by him and they declare that he may be admitted Pastor of a flock where he hath not been scandalous Providing that he be found qualified in life and doctrin V. In Sess 9. The Lord Chancellor craves that the Assembly would weigh whither James Gibson hath not offended the King not only in that he had spoken in Sermon these words following that he weened that James Stuart the Lady Jesabell and William Stuart had been persecuters of the Church but now he finds by experience that the King himself hath been the persecuter and as Jeroboam for erecting idolatry and permitting thereof was the last of his posterity so he feareth if he continue he shall conclude his race But also in that he acknowledging before the brethren of the Conference that he had offended his Majesty he promised to make satisfaction and had failed and broken promise James Gibson is called and compeares not Then the Chancelor craves that the Moderator put it to the vote of the brethren whither these words vvere offensive None offereth any reason in the contaary It is propounded eisdem terminis and is voted affirmativè these words were offensive In Sess 11. Because before noon Iames Gibson being present was summoned by the voice of the Moderator to be present after noon to heare his cause reasoned and as it was â—estified by sundy brethren then sitting by him that they heard him promise to compear and nevertheless compeares not The assembly declares him contumacious for not compearing nor sending any reasonable excuse of his absence In Sess 13. the Assembly judgeth James gibson to be suspended from the function of the Ministry during the will of the Church VI. These who were wont to compear before the Synodes to declare their repentance of adultery homicid or such crimes shall hereafter compeare before the Presbytery of their own bounds for â—hat end VII In Sess 1â— All Ministers shall with all diligence travell within their parish with the Noble men Gentle men to subscribe the Confession of faith and report their diligence unto the next Assembly VIII In Sess 16. A generall fast is appointed to be keept the first two Sundayes of July for these causes 1. the universall conspiracies of the enemies of the truth to put in execution the bloody determination of the Councell of Trent 2. The flocking of Jesuits Papists 3. The defection of a multitude from the truth 4. The conspiracies intended against the same by great men of the Land maintainers of Iesuits and Papists 5. The coldness of all sorts 6. The wrack of the patrimony of the Church 7. The abondance of bloodshed adultery incests and all kind of iniquity whereof the particulare Churches have their experience For clearing the proceedings of the Assembly wee may learn 1. The occasion of their meeting from B
playes of robinhood murderers which overflow the Land Item that the Ministers already planted may be provided with sufficient livings Item the Act of annexation to be dissolved the new erections and patronages may be discharged the Act of dissolution of prelacies and Benefices consisting of moe churches to be ratified established The Act of February An. 1587. the exception of Juny 8. being added may have place That small Benefices that are disponed to Ministers may be free of taxation c. XII The next Assembly is appointed to conveen at Aberdien August 17. in the year 1592. but if a Parliament shall be called the brethren being advertised by the presbytery of Edinburgh shall conveen two dayes before in the Town where the Parliament shall be called The contest between the Assembly and the Session is recorded by B. Spotswood to have begun thus John Graham of Halyairds within the parish of Kirklistoun being then L Justice and one of the Colledge of Justice had intended an Action of removing against some fuars and to bear out his plea suborned Ro. Ramsay a Notary in Sterlin to give him an instrument that made for his purpose The defendents offer to disprove the instrument and in the mean time upon a Warrant obtained from his Ma. they apprehend the Notary who confessed that the instrument which he had subscribed was brought to him by William Graham brother to the foresaid John and that he knew nothing of the business and being pursued criminally was upon his confession condemned of falshood and execute to death The pursuer as he was a man bold and impudent to maintain the truth of the instrument did intend Action against Patrick Simson who had dealt with Ro. Ramsay to confesse the truth of that instrument alledging that he Simson had seduced the man and made him deny the instrument The Minister regrates his case unto the Assembly there upon John Graham is summoned to answer for the scandall raised against the Minister He compeares and answereth thaâ— he would prove what he had alledged before the Iudge competent The Assembly replieth He must qualify it befnre them or they would censure him as a slanderer Hereupon followed the contest The issue was the Lords esteeming this an encroaching upon their priviledges and that upon such grounds all actions that touched any Minister might be drawn from their Iudicatory do resolve to send a prohibition unto the Assembly and discharge their proceeding but by the mediation of some well disposed persons that loved not to have questions of Jurisdiction moved the business was setled and both actions ordained to cease But the instrument was sustained by the Lords and judged to make faith which in end turned to the pursuers undoing So far he XXIX The King was diligent to remove the broils of the Nobles by calling them before the Counsell and causing them submit their quarells and partly by making strict lawes against the troublers of the common peace but it was long work and new troubles wereay breaking out as in the end of the year the Earle of Bothwell and some others envying the credite of the Chancelor made a conspiracy and sturre in the Kings palace and on February 7. year 1592. the Earle of Huntly killed the Earle of Murray in Dunibrissell and the Papist Lords were plotting a traiterous comspiracy 1592. with the King of Spain by means of Scots Jesuites some lying in Spain and some in Scotland interchanging letters for assistance to invade first Scotland and then England as the Letters were intercepted in the end of that year that were some written and some blank and appointed to be filled up by the Jesuits in Spain as the trustees in that business and all subscribed by Huntly Anguse and Erroll These Letters were printed and the discovery of the Confession of George Ker and David Graham of Fentry who was arraigned and be headed at Edinburg February 16. year 1593. These being Civil I would have omitted but these are the ground of other things following The Nationall assembly conveenes at Edinburgh May 22. Robert Bruce is chosen Moderator I. It was considered to The 54. Assembly propound unto the King Parliament these petitions 1. That the Acts of Parliament in the the year 1584. against the disciplin of the Church and their liberty be annulled the same disciplin whereof the Church hath been now in practise may be ratified 2. Abolition of the Act of annexation and restitution of the patrimony of the Church 3. That Abbots Priors and others pretending the title of the Church and voting in name of the Church without their power and commision be not admitted to vote in name of the Church neitherin Parliament nor other convention 4. That the Country may be purged of fearfull idolatry and blood-shed Commissioners were named for this end II. It is referred to consultation whither is be lawfull that the Ministry should succeed in the place of Prelates to vote in Parliament III. It is ordained that Ministers receiving Commissions from the Church if they be slothfull in execution shall be rebuked in the face of the Assembly for their negligence IV. The Church considering their duty to God and the necessity of the charge layd upon them and seeing the dayly decay of religion and lack of justice whereof the effects to the regrate of all true Christianes do more and more fall-out in miserable experience And that the duty of their office burdeneth them to discharge their consciences in this behalf unto their Soveraigne unto whom it chiefly appertaines to procure remedy there of Therefore they direct certain brethren to passe immediatly unto his Ma. and to lament the dayly decay of religion disorder and lack of justice within this realm and to admonish gravely that he will do for remedy of these evills as he will answer unto God and like wise to admonish in name of the Eternall to have respect in time unto the estate of true religion perishing and to the manifold murders oppressions enormities dayly multiplied through impunity And to discharge his Kingly Office in both as He would eschue the fearfull challenge of God and turn his wrath from his Ma. and the wholl Land And to the end his Ma. may be the better enformed they are ordered to declare the particulaâ—es V. Alexander dickson being summoned compeares he is asked whither he had subscribed the articles of religion presently professed established within the realm and whether he had communicat at the Lords Table He answereth he had done both when he was a Student in Santandrews Then he is asked In what heads he differeth now He answereth There be sundry heads wherein he agrees not with the Confession of faith He is bidden either now by word or too morrow by writ declare the specialls He plainly avoweth and protests he differeth from them in all the substantiall points of religion wherein the Papists controvert with them Upon this his confession the Assembly findes that
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
Jesuites Seminary-priests trafficquing Papists against the Kâ—Ma Religion presently professed within the realm is and shall be a just cause to inferr the pain crime of treason both against the Jesuits Masse-priests trafficquing Papists and receipters of them providing how soon the Iesuites and priests satisfy the Prince and the Church the foresaid penalty shall no way strick against the receipters Item an Act ratifying the Act made in February 1587. infavors of Ministers their stipends rents Item an act forbid-bidding markets on the sabbath allowing to chuse a week day for them Item who give not Confession of faith shall not enjoy the benefite of any act of Parliament Likewise an act was made against erection of Church-lands and tyths into Temporall Lordships with exception of all that were before erected Here Bishop Spotswood affirmes that the King was unwilling either to abrogate the acts of the year 1584. or to grant the ratification of the present disciplin but Bothwels business and the many discontentments within the realm moved him to give way lest he be troubâ—ed with their outcry But this is clearly contrary unto the Ks own promise made in the Ass year 1590. And in a few pages before he objectes against the disciplin a division that hapned in the presbytery of Santandrewes for planting the Chuâ—ch of Luchars and upon this occasion that presbytery was divided in two whereof the one went to Couper He had objected this long before against Epistol Philadelph and it was answered in Vindiciae Pag. 25. that the question was for the gifts or abilities of the two persons and not for any bribe that either of the parties looked upon but the Bishops were not wont to try the Spirits of men in that manner but principally looked upon their friendship or money as for the division of the presbytery into two it is said there two others causes moved them they were many in number and so the turnes of their Exercise coming seldom some were thought to be negligent another cause was that many pretended excuse of their absence because of the distance of place and difficulty of the way At first there were but two Presbyteries in Fife to wit Santandr Dunfermlin any man who knowes the boundes will easily grant these reasons as the like causes made division of Presbyteries in Anguse and other places But moreover can all inconvenients be eschued in any sort of Government either political or ecclesiasticall then was a difference among them but it was soon remedied Here I borrow of The Historicall Narration in the title Of the third course of Visitors sect 18. where on the margine it is sayd Presbyteriall Government is proved to be better than Episcopall Presbytery is better than Episcopacy and in the Section it is sayd Seing Pastors are equall in power by Gods ordinance the Government can not be lawfull which bringeth Superiority of one above others Whereas this parity in power is charged with anarchy confusion it is an unjust imputation proceeding from ignorance or malice for notwithstanding this parity among Pastors considered severally there is a subordination of the eldership of particular churches unto a presbytery and of presbyteries unto Provinciall Synods and of Synods unto the Nationall Assembly Again every Pastor is subject to the joynt fellowship of Pastors in the presbytery Synods and Assemblies Thirdly there is a priority of order in that one is Moderator or president in every meeting or Assembly It is not then loose or single but compact parity and ordered This comely order preserves that parity which Christ hath allowed to be among Pastors considered with respect of one to another severally and is more convenient for the Church of God than the superiority of a diocesian Bishop It can not be denied that many eies see better than one either in trying Ministers or finding hereticks or devising remedies for evils or examining delinquents Next put the case the sight of one may be sharper than of many yet many having equal power are not so equally nor easily corrupted to pervert disciplin judgement as one judging and ruling by his sole power or with power by his negative voice to frâ—strate the voices of many One who is a stranger and not a kindely Pastor may be more easily enduced to wink at hereticks to admit or tolerate vitious Ministers or to â—uffer atheism or Popery to waxe than a number of Pastors watching over their own flocks Again the zeal of one stirreth up the coldness of another and his zeal is tempered by the mildness of a third the contempt of the world in one beareth down the covetousness of a worldling the graces and gifts of God in sundry persons like sundry ingredients in one salve meet together and temper one another It is expedient say prudent Politicianes that in Assemblies there be some like Cato Claudius or the like to correct with their severity the gentle voices of others Thirdly will not the kindly Pastors be more vigilant or carefull of the wee l of their own flocks than an idol sheepherd set over many with a generall oversight Fourthly is there not greater liberty and consequently sinceerer Government where men may utter their mindes freely in propounding reasoning and voting when all are of equall power than when one hath power to present others to Benefices preferr transferr and on the other side to depresse vexe and persecute 5. Is it not more convenient for the ease of Gods people that causes be pleaded offenses be tryed and offenders censured where the offenses is committed without charges to parties witnesses and with expedition than to trouble the subjects with journeying unto the Bishop and to wait upon his leisure for tryall and determination 6. Is not the Government more Presbytery is more effectuall iâ— en Episcopacy against hereâ—y sâ—â—sm convenient for the Church where no man is exeemed from censure than where Prelates rule without controlement either of Presbytery or Synod from whose censure they are exeemed or of Nationall assembly which are not but when it pleaseth them and then overruled by them It is oft alledged that parity is subject to schism and breeding of heresies I answer That may be true where parity is not qualified and ordered with the subordination above mentioned or if every man be suffered to live as him listeth but when it is ordered as said is experience in our own Church is a sufficient evidence of the most powerfull mean to suppresse schism and heresy and that was the reason that K. James alledged unto an English Divine admiring why our Church was never troubled with heresy for said he if it spring up in a parish there is an eldership to take notice of it and suppresse it if it bee too strong for them the Presbytery is ready to crush it if the Presbytery can not provide against the obstinat in the Synod he shall finde moe witty heads if he be not convinced there the Generall
supplication when he is now at liberty But Both well falleth to his wonted formes and threatned to make the King observe the conditions Wherefore he was cited to compear before the Counsell and not compearing was denounced rebell Much trouble followes with the Popish Lords whereof is mention in the next Assembly XXXI The Assembly conveenes at Edinburgh May 7. 1594. Andrew 1594. Melvin is chosen Moderator I. James Drummond and other Burgesses of The 56. Assembly Perth being cited by the Presbytery there for receiving the excommunicated Lords into their houses do compeare They are demanded whither they had received and entertained these Lords They answer They did receive them but â—ore against their wills and in obedience unto the Kings charge and before the coming of the charge the greatest part of the town had condescended to receive them They were urged with rheir own promise not to receive them and that they had violate their promise They answer A promise of assistance was made unto them and that promise was not keept unto them They were removed and after they had consulted with some others they return and confess for themselves and in name of the town to the glory of God and fatisfaction of the Assembly that they were too rash and suddain in receiving these notorious enemies of God craving most earnestly that none take offense nor evill example by their doing protesting before God that these had entred the town against their hearts who are here present and promising in time coming to maintain and assist the Church and true religion presently professed within the realm and to resist the enemies thereof to the uttermost of their power This eonfession and promise they gave in writ and subscribed in the face of the Assembly and the Minister of Perth is ordained to declare in pulpit of that town the satisfaction accepted c. II. The Sentence of excommunication pronounced by the Synod of Fiâ—e in October against the Apostate Lords Anguse Huntly Arroll and others the Assembly in one voice ratifieth and allowes as also the process led against them and ordaines all Pastors within the realm to publish at their churches the same Sentence lest any man pretend ignorance of it Exception is made of Alexander Lord Hume who hath satisfied the Church as followes III. After particular search of diligence used by Presbyteries for extirpation of papistry and what disciplin they had used against papists and the receivers of excommunicats and priests that so the danger of true religion may be the more known and considered It was thought meet to consider his Ma s good endeavours and here they remember his Ma s good designe at Aberdien where He and the Noble men and Barons made a Bande for defence of religion took the houses of the Apostates and put men to keep them he called some Papists and sent them to Edinburgh he gave commission unto the Earle Marshall of Lieutenentry for suppressing Papists and had called sundry Barons before him for cognoscing the subscription of the blanks which had verified that these subscriptions were the hand-hand-writs of the Apostat Lords and after his return an Act of Counsell was made that none presume to procure any favor unto them and a charge was given to his Ministers to take the oaths of his domesticks that none of them shall interceed at his hand for them which was also done And that it may be evident that the Church hath not been idle in time of these dangers it was declared that they had propounded articles unto the Parliament for forfeting the Apostates they had directed their petitions unto the King at Iedburgh and again articles unto Lithgow of all which small successe hath followed and the danger is no way diminished The tenor of the Act and Bande above named is Wee Noble men Barons and others subscribing being fully and certanly persuaded of the treasonable practises and conspiracies of sundry his Hieness unnaturall unthankfull subjects against the estate of the true religion presently professed within this realm his Ma s person Crown and liberty of this our native Countrey and finding his Ma s good disposition to prevent and resist the same and to repress the chief authors thereof his Majesty having our concurrence and assistance to the same effect Therefore and according to out bond duty and zeall wee owe unto Gods glory love of our native Countrey and affection to his Ma s person crown and estate Wee have promitted and by these presents promit faithfully bind oblige us and every one of us to concurre and take sinceer and true part with his Maj. and each one of us with another to the maintaining and defence of the liberty of the saids religion Crown Countrey from thraldom of conscience conquest and slavery by strangers and for repressing and pursuit of the chief authors of the said treasonable conspiracies specially Geoge Earle of Huntly William Earle of Anguse Francis Earle of Arroll Sir Pa. Gordon of Achindoun Sir James Chisholm of Dundaruy Mrs Ja. Gordon William Ogilvy Robert Abercromy and all other Jesuits Seminary-priests trafficking papists and others his Hieness's declared traitors rebellious and unnaturall subjects treasonable practisers against the estate of the true religion his Ma s person Crown and liberties of this our native Countrey And to that effect wee and every one of us shall put ourselves in arms rise concur and passe forward with his Majesty his Lieutenentents or others having his Ma a power and commission at all times when wee shall be required by proclamations missive or otherwise and shall never shrink nor absent ourselves for any particicular cause or quarell among ourselves Wee shall not ride with assist shew favor give counsell nor take part with the saids Earls Jesuites nor others foresaid nor with the persons denounced or that shall be denounced to the horn or fugitives from his Majesties lawes for the treasonable raising of fire and burning of the place of Dunibrissell and murder of â—mquhil James Earle of Murray nor receive supply nor entertain them nor furnish them meat drink house nor have intelligence with them privatly nor publickly by messages letters nor any other way The skaith and harm of others wee shall not conceile but disclose and impede to our power The quarell or pursute of us or any of us wee shall esteem as presently wee do esteem as equall to us all And by ourselves our wholl forces like as his Maj. with his force and authority hath promitted and promits to concur assist together each one in the defence of others to our utter powers and if any variance shall happen to fall out among any of us for whatsoever cause we shall submit as we presently submit us to the judgement deliverance of any two or three of the principals of us subscribers of this present Bande fulfill whatsover band shall be declared by them without reclamation Atover his Ma. by whose direction command
failed having no just warrant And being minded to satisfy his Majesty in all respects so far as possibly can be done with a good conscience after earnest calling upon the name of God for assistance of his Spirit and after long advicement hath found it good that the admonition of the Provinciall of Perth be reverenced of the said Generall Assembly and that the Assembly at this time give further admonition to John Ross to speak at all time reverently and with such wisdom of his Majesty that he alwayes may have so clear warrant of his speaches as may fully satisfy his own conscience before God and have the approbation allowance of all his godly brethren And this admonition be extended to all young men of the Ministry yea and to all the Assembly This judgement of the brethren being read and considered is voted by the Assembly to be followed in all points The said John Roâ—s is called-in and protests before God that whatsoever he spoke at that time he spoke it not of any respect to the traitors being then in the fields but in love to his Ma s weell and standing and so forth as is written above The Moderator in name and at command of the Assembly admonishes him and all the Assembly in the name and fear of God that in all time coming he and they all speak so reverently of his Majesty that they may have so clear warrant of their speaches that may fully sasisfy their own consciences before God and have approbation of all the godly and that his Majesty have no just cause of complaint or mislyking in time coming This admonition this said John acceptes with humble reverence VII In Sess 17. Androw hunter is delated to have deserted his flock and bruited to have joyned himselfe with the rebells of the King wherefore the Assembly presently deposeth him from the function of the Ministry ay and untill he shall satisfy the King and Church for that offence VIII In Sess 15. the assembly ordaines a fast to be keept within the presbytery of Edinburgh and other parts where advertisement can be made upon sunday next immediatly preceeding the Parliament and that his Majesty be entreated that Exhortation may bee according to the former laudable custom in the first day of Parliament and a thanksgiving at the conclusion thereof by some Minister and also that the said fast be made known unto his Majesty and entreated that he and his house would keep it It is also ordained that a generall fast be universally observed through the realm the two last sundayes of July coming because c. IX In Sess 18. Sir Rober Melvin of Murdo-Cairny and Alexander Hume of North-Berwick in name of the King present to the Assembly these their instructions 1. To protest that his Ma s royall priviledge set forth by act of Parliament be not prejudged in appointing the next assembly and to that effect that before their dissolving at this time they direct some of their number unto his Majesty to be resolved by him of the time place of the next meeting According to his Ma s proposition and their promise in the last Assembly at Dundy 2. That they will ratify and approve by Act of this present assembly their promise made to his Ma. in their foresaid Ass in any thing that any of the Ministry had to crave or â—omplain to his Majesty in any thing that they should do it by particular conference and not utter publickly in pulpit any unreverent speaches against his Ma s person Counsell or estate Under the pain of deprivation And for this cause that they will presently try and censure one of their number who hath contraveened the said Act and specially they will examine so many of their number as were present at the last Synod at Perth and charge them upon their great oath to declare what treasonable and unreverent speaches they heard John Ross utter in all their audiences and next whither they censured him for them thereafter or not and to desire them in his Mas name that according to the Synodall censure of him they will judge him as he demerits on the one part and his Ma s modest behaviour ever since that hath deserved 3. That they will excommunicat Andrew Hunter for bringing a scandall upon their profession as the first open traitor of the function against a Christian King of theyrown religion their naturall Soverain 4. That by Act of their assembly they will ordain every particular Minister within their charge to dissuade alswell by publick as private exhortation their flock committed to their cure from concurring with the treasonable attempts of Bothwell or any other traitors that raiseth ot shall raise up themselves against the lawfull authority placed by God in his Ma s person And specially that they shall narrowly take heed and not suffer any of their flock be seduced under color of religion or whatsoever false pretext to receive wages and becom souldiers for service of any persons excep they see his Ms warrant thereunto and namely of Both well who presently in sundry parts of this realm hath attempted the same 5. That in respect the time of Parliament is at hand and the occasion will suddanly serve for declaring his Ma s godly and honest intention in persecuting the Papists excommunicate Lords both by law and other ways therefore they will select one or two Commissioners of the discreetest wisest of every principall Presbytery and give them Commission to attend upon his Ma. at this time alsweell that his Ma. may have their good advice assistance in this good business no less concerning the estate of religion than the estate of his Ma s Crown and Countrey and lykewise that his Ma. may by their means direct and inform what he would wish to be don by all the rest of the Ministry as occasion shall from time to time present The humble answers of the Assembly unto these articles 1. The time and place of the next Gen. assembly is appointed by the advice of his Ma s Commmissioners according to the Act of Parl. to be at Montros the last tuysday of Juny come a year 2. The act made by the Gen. assembly at Dundy is ratified de novo and the particulare of Jo. Ross is resolved as his Ma. shall be informed more by the Commissioners of the Church 3. The Ass hath pronounced the sentence of deposition against An. Hunter untill he satisfy his Majesty and the Church 4. Every Minister is straitly commanded to dissuade their own flocks alswell by privat as publick exhortations from concurring in the treasonable attempts of Both well or other traitors to his Maj. c. As in the demand 5. A certain number is appointed to wait on his Maj. for satisfying the last article Against the Sentence of excommunication pronounced by the Synod of Fife against the Papist Lords B. Spotword P. 396. objecteth it was unlawfully done by them having no power And
when they shall arrive As appeares their intention is by their preparation force and armour and leagues of friendship which they are dayly binding up 2. Many Jesuites and excommunicat Papists are keept within the Country detaining such as they have perverted in their errors and seducing others into the same corruption and holding them in hope of the Papist Lords with assistance of strangers such are Robert Abercromy Alex. Macquhirry the Abbot of New-abbay John Gordon of Newton Pat. Con Alexander Lesly of Piell young Bonitoun Alexander Ramsay and many others 3. In many places people are altogether ignorant of their salvation and that for want of Pastors and maintenance nor know they their duty unto God or their King and so the Land is overflowed with atheism and all kind of vice There be 400 Paris-churches destitute of the Ministry of the word besids the Churches of Argile and the Isles 4. It is universally lamented by his Majesties subjects that by delaying perverting and eluding of justice murders oppression incests adulteries and all kind of hainous crimes abound 5. It is heavily lamented that the Ministers who have obtained some small provision by assignation in An. 1595. are frustrated by the Lords of Session refusing to decide the suspensions according to the Act of February 1587 year The overtures for remedy were adioyned as they are related before in Sess 5. IX In Sess 10. John Preston and Edward Bruce Commendator of Kinloss Commissioners from his Ma. do give-in these articles or instructions 1. Yee shall shew unto the Assembly our good will to have al the Churches of Scotland planted with Ministers and sufficient livings to the great hurt of our own revenue and that portion of the thirds which was assigned to our house and our Counptrollars in possession thereof but finding that all the thirds is not sufficient to plant all the Churches nor is it commodious for Ministers to serve in one place and have their livings in another far distant from their cure Therefore we have thought good to set forward an order for locall stipends founded on this ground that all the churches of Scotland shall have Ministers and all Ministers shall have stipends within their own parishon of such value as by our authority on the one part and by concurrance and procurement of the Church on the other may be obtained from the tacks-men of tyths and present possessors of them for which effect wee have caused an Act of Parliament to be made in the year 1592. granting Commission to certain Noble men Counsellers Officers and Ministers on the one and other parts To treat of and prosecute this matter and also have given command particularly to certain of our Lords of Checker to help by their advice and labors to bring this matter unto some perfection wherein as wee understand some thing is done as part of the brethren can testify As wee continuing in our good mind to have in our time the Church setled with livings and not entangled yearly with process and to have all our churches planted within the realm By these presents offer and promitt unto the Assembly to cause our Commissioners Counsellers and Officers to conveen presently before the expiring of this Assembly with the saids Commissioners from the Church to begin this good purpose and to lay the ground and to set down the order time and place of conveening to prosecute the same unto the end conform to the Act of Parliament So that if any stay shall bee it shall be on the Church's part as oft before and not on our part 2. Yee shall shew them that it is a stay of this good work that by some of their preachings the people are made to understand that wee and our Counsell would stay the planting of churches and take away the livings possessed by Ministers albeit the contrary is true that wee and our Counsell are most willing that the churches be wholly planted and the provision of Ministers be augmented so far as lawfully may be obtained with consent of our Nobility and other tacks-men of tyths whose rights without order of law wee can not empare and therefore this form of preaching discourageth our good Counsellers most willing of the work and is an heavy slander upon the Ministers wherein yee shall crave order be taken and the like be not done in time coming 3. Yee shall desire those your instructioes in our name to be registred in the books of the Assembly as a perpetuall testimony of our good will and also that answers be given particularly by a generall vote of the wholl Ass and no way to be referred to a privat Conference and the answers so voted to each particulare head to be registred in like manner and the extract of all these articles and the answers to be delivered unto you and to be reported unto us Sic subscribitur James R. In Sess 13. with the above named overtures these petitions were sent unto the King 1. That his Maj. would prosecute his good purpose and intention declared concerning the planting of all the churches with qualified Ministers and sufficient provisions for their entertainment And for that effect that he would give commission to the Visitors named by the Asseâ—bly to take inquisition of all churches within the boundes of their visitation and to deal in his Majesties name with the tacks-men possessors of the tiths for sufficient provision unto the Ministers out of the every parish and to report their diligence unto his Majesties Commissioners appointed for the work of the Plat and to provide for the charges of the Visitors in that journy 2. That his Majesty would be pleased to take order substantiously by advice of his Counsell and Estates how the Principall Judgement-seats and other inferior Judicatories may be purged of unqualified and corrupt persons and filled with others meet to discharge that Calling faithfully for the comfort of his Majesties peaceable and well disposed subjects 3. That his Majesty would command and ordain the Lords of Session to administrat justice unto the Ministers who have obtained a small augmentation of their stipends or new provision by the Modefiers in the year 1595. and according to the Act of Febru in the year 1587. as they are bound by their solem oath and promise Seing the extraordinary dearth urgeth them with so great necessity that unless his Maj. have consideration of their estate they and their families are driven to extream poverty and want X. Articles propounded by the Commissioners of the constant Plat to be advised by the Assembly and passed in Acts 1. It is thought requisit that the Assembly would ordain that the Moderators of each Presbytery should give presentations jure devoluto of all Benefices of cure belonging to Laick patrons that have not presented qualified persons within sixe months after the decease of the last possessor and also of these Benefices which heerafter shall vaik if these patrons neglect to present within sixe months Under the pain
of deprivation And if there be not actuall Ministers presently at the said churches that the said Moderators deal effectuously with other qualified persons to accept presentations and to prosecute the same by law 2. That all Beneficed persons here present be moved presenly to interdite themselves from all setting and disponing any part of their Benefice to whatsoever persons without the speciall allowance of the Generall Assembly and the interdiction to be subscribed by them and others which are absent be urged by their presbytery to do the like immediatly after this assembly 3. Because churches in many places sustain great hurt throgh want of qualified Ministers instructed in the Schools of Divinity therefore it is craved that an Act be made ordaining every Provinciall assembly to furnish all sufficient entertainment unto a Student in the New colledge of Santandr this 1596. year and so forth yearly in all time coming and that every Provinciall assembly shall have the priviledge to present their Student so oft as the said place shall vaik and if any Minister within the Province have a son of meet gifts that he be preferred to all others And after the expiring of his course in the study of Theology that he be bound to employ his travells within the Province to the which his gifts may be answerable and that it be not leesom unto the said Student to employ his travells in any other place but by the speciall advice and consent of that Province 4. Seing the necessity of the common affaires of the Churches craveth that there bee a continuall attendance at Court both for the furtherance of the present work in hand for planting the churches as also in respect of the continuall diligence of the enemy waiting all occasions specially when they find any slackness upon the part of the Church in the discovery and resisting the enterprises of the said enemies Therefore it is craved that a care and burden of the common cause be layd on some brethren by the Gen. assembly either of them who are residents here about Court or some others to be appointed out of sundry parts of the Countrey because otherwise none find themselves bound in conscience to have any care heerof or to take paines heerin The assembly accordeth unto all four but ordain the third to be first moved in the Synodes XXXIV Here I adde what is written in The Historicall Narration at the title The first course of episcopacy and first of the occasions of altering the Ecclesiasticall Government The beauty of this Church both for purity of doctrin and order of disciplin was becom admirable to the best Rrformed Churches The Assemblies of the believers were never more glorious and confortable the parochiall and Classicall elderships the Provinciall and Nationall Synods never in greater authority than in the beginning of the year 1596. For when the apostat Earles traffickers with the King of Spain were excommunicat and at procurement of the church at home and of the Queen of England were for their unnaturall conspiracy forfeited and expelled out of the Countrey their chief care was to was to search out the sins of the Land corruptions and abuses in whatsoever estate Calling or Judicatory that they might be repented-of and amended and to advert unto the savety and preservation of religion and liberties of the Church which at that time required opposition to the reentry and restoring of these Earles Whereupon in this Assembly the corruptions and enormities found in Ministers their calling and conversations as also the offenses of others without any partiality were considered as is above written On thuysday March 30. they had that humiliation wherein were present 400. persons Ministers Commissioners and others professors within one hour they looked with another countenance then that wherewith they entred being moved at the Exhortation such sighes and groanes were not heard at any other fast since the Reformation for any imminent danger and teares were shed such inabundance that the place might justly been called Bochim They testified their new entring into leagve with God by holding-up their hands ............ Their next care was to â—dvert that the Church were not endangered by any enemy as is written before Commission was given unto some btethren to assemble as they shall find urgent occasion To consult reason and advise upon and propound articles unto the King for preventing all dangers which in all liklyhood might befall the estate of religion It is clear before that this The beginning of the variance next the K. and Church course was motioned first by the Lords of the Plat and as followes was ill taken by Courtiers The Devill envying the happiness and laudadle proceedings of our Church stirreth up Papists and Politicianes to disturb her peace and to deface her beauty The Pipists saw there was no peace for them in Scotland if that power of the Church shall continue Politicians feared that their craft and trade which is to use indifferently all sorts of men and means to attain their own ends and to set up themselves in the thron of Christ should be undone ...... Huntly returnes secretly in Juny whereof the King was advertised in July at the entreaty of his Lady the King calleth a Convention of the Nobility specially such as favored the exiled Lords at Falkland in August Offer was made in his name and it was concluded that he shall return and remain in the Country upon the performance of such conditions as his Majesty propound to be performed by him Notwithstanding that Ministers An. Melvin Ja. Nicolson Pa. The first debate Galloway Da. Lindsay and other Ministers protested in the contrary in respect it could not stand with the Kings honor to hearken unto any conditions till first it were manifest that he is not in the Countrey as they do alledge who sute for him nor could it stand with the assurance of religion and peace of the Countrey in respect his apostasy which was the ground of his excommunication or his conspiracy with the Spaniard the ground of his forfeitry were not confessed offences by him Another Convention was held at Dunfernlin in Septenber where the conditions were agreed upon which were tendred unto him without consent of the Ministry Arroll returnes in the same month Their friends and abbettors vanted that they had obtained his Majesties protection and peace passed and subscribed in Counsell and that they hoped assuredly for advancement to Offices charge of guards and Lieutenentâ—ies as they had before Some Commissioners of the Generall assembly and some other Ministers The next debate conveening at Couper directed some of their number unto the King at Falkland namely An. Melvin Ja. Melvin Ia. Nicolson and Pa. Galloway to crave that the dangerous enterprises of the enemies might be prevented The King seemed to be offended at their meeting and commission And. Melvin answered with great liberty Sir there are two Kings and two kingdoms in Scotland Christ is a King and the Church
do according to his proposition which was accepted and allowed by the wholl assembly 2. The Assembly ordaines that there be an uniformity in the ordination of Ministers throghout all the Country by imposition of hands and that they be admitted to certain flocks upon the which they shall be astricted to attend according to Acts of Assemblies made before And ordaines that none who is not admitted to the Ministry be permitted to teach in publick and great places except upon very urgent necessity in defect of actuall Ministers they be ordained to supply such wants by the presbyteries provinciall or generall assemblies who shall take diligent order that they keep themselves within the bounds of their gift and specially in application 3. That no Pastor exerce any jurisdiction either in making constitutions or leading process without advice concurrence of Session Presbitery Provinciall or Generall Assembly 4. That all Sessions be elected with consent of their own congregations 5. That all Sessions Presbyteries and Provincialls use such form in all their processes as may be found lawfull formall and able to abide tryall the which shall be registred in matters of importance And to this effect ordaines the proceedings of privat Sessions to be sighted at Presbyteries and the proceedings of Presbyteries at the Provinciall Synods and the proceedings of the Synods at the Generall Assemblies 6. That in the Exercise when the Ministry are conveened at their Presbyteries no application be used 7. That in the determination of matters of importance where the votes shall be different upon two or three only nothing be concluded till better resolution and that in such difference he who sustaines the negative shall give Rationem negandi 8. The Presbyteries shall meddle with nothing in their judicatory which shall not befound without controversy proper to the Ecclesiasticall judgement and that in this an uniformity be keept in all the Countrey 9. That all processes and acts be extracted unto all parties having interest where is a written process 10. Assembly delayes to answer the article concerning summary excommunication untill the next Generall Assembly and in the mean time suspends all summary excommunication Yet in great crimes a publick intimation thereof is to be made and the committer is to be suspended à sacris and prohibited à privato convictu 11. If any Presbytery shall be desired by his Majesties missive to stay the proceeding of any thing prejudiciall to the Civill Jurisdictions or privat mens right it is ordained that the Presbytery shall desist in that matter untill they send unto his Majesty for his satisfaction therein VI. In Sess 9. The king being present declares that seing the shortness of time hindreth sundry things of weight not only concerning particular flocks but the estate of the wholl Church as the planting of particular congregations and of all the Churches remaining as yet unplanted in default of honest entertainment and a solid order to be taken for the sustentation of all the Ministry that they be not compelled as heretofore to wait upon the Modifiers of stipends and his care and earnest desire ever hath been and as yet continues that every Church may have a Pastor honestly sustained Therefore he willeth them to consider whither it be not expedient that a generall commission be granted to certain brethren to conveen with his Majesty for effectuating the premisses For this end fourteen Ministers are named or any seven of them to conveen with his Majesty and to make such Overtures as they can best devise concerning the constant Plat and generally to give their advice to his Majesty in all affaires concerning the well of the Church and entertainment of peace and obedience to his Majesty with expresse power command to them to propound unto his Majesty the petitions grievances of the Church in generall and of every member thereof as shall be shewd unto them Promitten c. VII A supplication of John Retorford who was deposed by the presbytery of Santand was referred by the preceeding assembly unto this and now is referred unto the above mentioned commissioners or any seven of shem to be examined and decided VIII James wood of Bonitoun craves a conference in matters of religion and that the assembly would interceed betwixt his father and him as he professes to give all satisfaction both to them and his father that he may be absolved from excommunication The assembly appointes certain brethren to deale both with him and then with his father IX The next Assembly is appointed at Sterline the first tuysday of May 1598. It is clear by the first Act of this Assembly and by the Notes of declaration that this Assembly was not content with the booking of the former Acts. II. By the gratious providence of God â— plot was discovered in the same moneth of May Hugh Barclay of Lady-land been committed the year preceeding in the castle of Glasgow and escaping went to Spain that year entred into the Isle Elsa with some complices intending to fortify it for the service of Spain John Knox getting intelligence went with some others into the Isle Hugh thought that none in the Countrey knew of his purpose and all his folks being abroad in the Isle came to see who these were and when he perceived that they were set for apprehending him he ran into the sea and drowned himself The Popish Earles hearing this newes did the more readily perform obedience unto the articles that were demanded of them And this shewes that the fear of the former year was not altogether vain III. Concerning this generall Commission The The first step of bringing-in Episcopacy again Historicall Narration observeth that whereas before Commissioners were appointed to present articles petitions or grievances unto the King Parliament and Counsell now these have commission to sit with the King and exerce jurisdiction and they having accesse unto the King when they pleased and commission to sit and consult with him began to change their manners they would rule both in and out of Assemblies Matters which were to be treated in the Generall assemblies were first prepared by them at Court Some were put in the roll for fashion and were not made privy to the secret plots for seven were sufficient â—o site and plot what they pleased So these Commissioners were a wedge taken out of the Church to rent her with her own forces and this generall commission was the very needle to drawe-in episcopacy In Juny following these conveeening with the King at Falkland reduced the Sentence of deposition pronounced by the Presbytery of Santandrews against John retorford for non residency and not waiting on his calling but practizing Medicine In July they removed David Black out of Santand and placed George gladstanes in his roome who was one of these commissioners and thereafter B. of Santandr They displaced also Robert Wallace another Min. there because he had spoken against John Lindsay Secretary and this they did against the will of
and generall assemblies and necessity of the time the time and place of the assemblies are altered without the knowledge of presbyteries and synods 2. Ministers are summoned before the Secret Counsell in prima in stantia for doctrin and discipline which is a great encouragement unto the enemies 3. All application of doctrin in the Exercise is condemned under pretence of an Act of the Generall assembly which Act would be sichted and clearly interpreted 4. The government of the chief affaires of the Church continues in the hands of a few under the name of a Commission to the prejudice of the liberty of the synods and presbyteries 5. The Doctors bearing an ordinary calling in the Church are debarred from the assembly 6. The Assembly takes no notice of the Cautions that were appointed for avoiding corruptions in the commissioners Voters in the Parliament 7. The absence of the Pastors of Edinburgh and alteration of the Ministry there which was the chief Watch-tower of our churches hurts greatly the cause of religion and encourages the enemies 8. There is distraction in opinions different from that consent of hearts which hath been in the Church and litle deliberation hath been or reasons heard whence it is that conclusions are made the half of the brethren almost gainsaying 9. The Land is defiled and the Church endammaged by the French Ambassadors Masse 10. Persons excommunicated for Papistry go publickly and peaceably 11. The Noble men lately absolved from excommunication for Papistry give no token of their profession of the truth but rather the contrary 12. The directions and Letters of apprehended Papists are keept up and not communicated unto the Watchmen that they may make faithfull warning to prevent danger 13. The disciplin of the Church against incest adultery and murder is not practized with holy severity as it becomes but frequent remissions of criminall persons for avoiding civill punishment 14. The remedies provided against imminent dangers in sundry meetings of the Church are not prosecuted II. The Assembly did by the Kings proclamation conveen at Holyrudhouse The 64. Assembly November 10. year 1602. there was the king and in case of his absence at any time his Commissioners the Treasurer Collector Controller Sir Patrik Murray and Ministers Before I touch the Acts It is to be marked that in the roll of the members is not the name of one Elder as also in the two proceeding Assemblies is no mention of any Ruling Elder either Noble or Gentle man nor Burgess It it likely that by the proclamation in December year 1597. they were all terrified This desertion was a grievous mutilation and weakning of the Assemblies but I have seen in time of the Bb. some Barons keep the former custom in the Presbyteries by sitting and voicing there 2. The historicall Narration shewes that when the votes were given at the election of the Moderator James Melvin protested as followes With all reverence unto your Majesty before I speak any thing in this assembly I must protest that seing it is conveened extraordinarily and not at the time appointed at the last assembly by your Majesties authority and it is keept here within your Majesties palace a place not accustomed heretofore for holding the assemblies of the Church Whatsoever shall be done here contrary unto the word of God or the former constitutions of the Church and the established disciplin which God forbid to be null and of no effect and that it may be remedied at the next ordinary assembly of the Church of Scotland Patrik Galloway was chosen Moderator The hour of meeting of the Privy Conference was appointed to be at nyne a clock and of the assembly to be at elleven and to sit untill four in the evening I. The Commissioners that were appointed to wait upon the Noble men were called to shew their diligence in summa they had done little or nothing George gladstons afterwards Bishop of Santandrews said that when he was upon his journey to visit the churches in Caitnes he went to the Earle of Huntly who said that he was upon his journey southward at the kings command and when he returned he would shew what scruples he had in the matters of religion Alexander Lindsay afterwards Bishop of Dunkell said The Earle of Errol was an ordinary hearer of the Word he professed to have no scruples in religion he had provided the churches within his bounds sufficiently and was ready to communicat upon occasion in any church where his residence was John Spotswood afterwards Bishop of Glascow and then of Santandrews said whereas he and James law were appointed to wait on the Earle of Anguse the King had commanded him to go into France with the Duke of Lenox and James law said Because these two were coniunct he could do nothing alone but he understood by the reporr of Brethren that that Earle resorteth not to the hearing of the word and he entertaines enemies of the religion John Carmichell who was appointed to wait upon the Lord Hume said he was not in the countrey And John Hall said he was appointed to wait upon the Lord Heress when he was in Edinburgh but he was a very short space there II. For the Commissioners that were appointed to attend the Plat for provision of stipends the Lord Collector said They had done nothing because the Presbyteries had not sent their answers unto his Majesties Letters without which they could not proceed The Assembly ordaines the Presbyteries to produce their answers tomorrow III. The Commissioners that were appointed to visit the Presbyteries had neglected their part Therefore it was concluded that hereafter such as shal be appointed Commissioners shall accept their commission in face of the assembly and give their oath to perform it faithfully Some of those Visitors had done nothing some were not present and they who had done somewhat were judged to have been superficiall IV. The generall Commissioners were ordained to shew their diligence the next day in writ V. For remedy of those negligences it was appointed first that certain other Ministers should attend those Noble men as also the Lords Maxwell and Semple and the Earle of Suderland and they should follow the Instructions that were prescribed and given unto them to wit 1 Yee shall address yourselves with all diligence to enter into the company and family of to remain with them the space of three months continually during which time your care shall be by publick doctrin by reading and interpretation of the Scriptures ordinarily after meals and by conference at all convenient occasions to instruct themselves in all the grounds of the true Religion and godliness specially in the heads controverted and confirm them therein 2. Take pains to catechize their families ordinarily every day once or twice at the least to bring them unto some reasonable measure of knowledge and feeling of religion before the expiring of the appointed time and that action should begin and end with prayer 3. Endeavour to purge
the houses from all persons living inordinatly whose bad example might bring slander unto their profession specially from them that are suspect in religion or found any way busy in dealing against the Truth and quietness of the countrey 4. Endeavour to have their churches provided with sufficient stipends and wel qualified persons and procure that by their authority and assistance the disciplin of the church may have execution within their bounds 5. Urge the performance of the Articles which they did subscribe at their reconciliation and extract these Articles out of the register 6. Persuade them to make honest provision of stipends for the Pastors resident at their Houses or chief dwelling places and to make choise of wise grave and learned Pastors thereunto 7. Inform the Kings Majesty from time to time how they do profit and what company resorts unto them and of what disposition is their company VI. Certain Overtures were given unto the Commissioners unto the â—lat concerning the provision of churches VII Certain Ministers were appointed to visit the presbyteries and parriculat congregation in seuerall Shires and after deâ—iberation Rules were given which should be observed universally to wit 1. The Visitors shall appoint two or three dayes Rules forvisiting Ministers for tryall of each presbytery and acquaint the presbytery a month or three weeks at least before their coming and send them an Edict to be published at every parish-church of the bounds by some other brother then the Minister of the place let it be duly executed indorsed and reported unto the Visitors the first day of theit meeting 2. Let the Edict be so directed by the Presbyteries that an equall number of Pastors be tryed each one of the dayes appointed for the tryall of the Presbytery and the commissioners of the congregations to be present on their day respectivâ— 3. Try the condition of every Minister particularly then the estates of the congregations and lastly of the Presbytery generally The tryall of the Pastors should be in this manner 1. Try each one in his graces and ability to discharge his calling in his furniture of books and other necessary helps of enabling with what fidelity aâ—d prudence he discharges himself in calling doctrin disciplin and conversation 2. For this effect enquire of the commissioners of his congregation what testimony he hath of his own Session and others of his flock and especially whether he reside in his Manse whether his life and the government of his family be such as he be not scandalous but edifieth his flock whether he teaches every sabboth once or twice or any other day besids in the week whether he keeps weekly convention with his Session for the exercise of disciplin whether he Ministreth the Communion yearly with due examinations preceeding whether he hath an establish'd Session of Elders and deacons whether he catechizeth weekly a part of his parishon whether he keeps an ordinary visitation of some families weekly whether he visits the sick and distressed when occasion requires whether he be diligent to remove all variances in his congregation Then try him if need shall be by expounding some passage of Scripture and by questions Enquire of him what helps he hath for advancement of his studies whether he hath the text of the Scripture in the originall languages what knowledge he hath of those tongues whether he hath the Translation of the old Testament by Tremellius and of the new by Beza with the vulgar English what books he hath for the common Heads and the ecclesiasticall history what commentaries he hath on the Scriptures specially on his ordinary Text whether he hath the Acts of Councels what writers he hath upon the controverfies of Religion whether he useth the conference of Brethren for his resolution in the doubts occurring in his reading and of whom whether he hath an ordinary course in reading the Scripture Ecclesiasticall histories and the controversies whether he makes any memoriall of his travels in writ What is his ordinary Text Whether he be provided to the parsonage or vicarage and whether he hath set any tacks thereof to whom and on what condition In whose hands are the tiths of his parishon and what Overture he can give for provision of a stipend there if it be not sufficiently provided And examin his Session-book When the brother is removed let the Presbytery be enquired one by one and declare upon their conscience what they know of his graces fidelity in doctrin disciplin and conversation After this tryall let him be judged and either approved or admonished or otherwise censured as the cause requires Next in the Visitation of congregations And congregatious Try every Minister particularly whether there be any Jesuites Papists Seminary-priests trafficquers against the Religion and peace of the countrey or any maintainers of them within that congregation Whether there be any witches excommunicat persons or disobedient unto the disciplin of the Church Whether there be any superstitious dayes keept by setting forth of fires or otherways Whether there be any superstitious places of pilgrimages wells or chappels Whether there be any not-communicants any homicides or deadly feâ—ds any adulterers incestuous persons Whither the sabboth be profaned by keeping of maâ—kets or working especially in time of harvest As they shall find in the premisses let them take order for reformation of any point thereof Thirdly concerning the visitation of Presbyteries Let And of Presbyteries the Moderator be enquired if they keep their ordinary meetings If they have their monthly handling of the Common Heads and disputations If they visit all the churches since the last generall Visitation If they take weekly or monthly account of their Brethren diligences in the discharge of their duty by catechizing their flock and visiting the families If any of their number be insolent and will not acquiesce in the determinations of the Brethren What unplanted churches are within their bounds VIII The Brethren that were appointed to consider the propositions of the Synod of Fife which are written before condescended upon the answers following 1. The Nationall Asse should be appointed and keept according to the Act of Parliament July 2. year 1592. the words are inserted even as they be here above P. 489. 2. If his Majesty shall proceed against Ministers according to his own declaration made and enacted in the assembly at Dundy in the year 1597. the desire of the second article is satisfied and no other thing is meant 3. The Act concerning application in Exercise should not be extended to forbid the application of Gods word unto the generall ends thereof which is lawfull in this manner This point of doctrin serves for refutation of such an error for the rebuik of such a vice for consorting men in such a case as for personall application it is to be advised whether it should be or not and how far And thinks good that it be argued in the Presbyteries which shall send with their Commissioners unto
the next Assembly their resolution with their reasons And in the mean while no nomination to be used in application 4. Let all commissions be used according to the Acts of the assembly 5. Doctors have had and may have vote in the assembly if they have lawfull commission for that effect as it was declared in the assembly at Edinburgh year 1586. and in other assemblies 6. Let the cautions be precisely keept and looked-unto as they were ordained The seventh is answered by the assembly 8. Nothing is to be done in the assemblies unless it be reasoned and advised sufficiently 9. We acquiesce in his Majesties declaration as W. Balcanquall will declair 10. Let their names be given up and order should be taken precisely The 11. Is ended in the assembly 12. We acquiesce in his Ma s declaration who will acquaint the presbyteries as occasion shall require 13 14. Let greater diligence be used and things amended on all hands in time coming according to the Acts of the ass These answers were approved registred IX Commission is given unto 24. Ministers or any nyne of them to attend on the King with power as in the last assembly And other 24. brethren are named adjoyned unto the Commissioners of Provinces that were conveened at Holyrudhouse October 15. year 1600. out of which number his Majesty may make choice of whom he will present unto â—aking Benefices who should vote in Parliament X. The assembly ordaines all persons to keep the sabbath and inhibites all kind of fishing and grinding of mills on the sabbath day Under pain of the censure of the Church And ordains the Commissioners to petition his Majesty that a pecuniall mulct may be laid upon the contraveeners of this Act. XI An Act is made for planting the Churches of Annandeal which have been destitute since the Reformation and that all not provided Ministers shall accept a charge there sufficient stipends being provided or to be declared uncapable of the Ministry To this effect a roll of Expectants or Students is written XII The Moderator in name of the Assembly makes humble request unto his Majesty in favour of Robert Bruce that seing he is admitted to return he may be restored unto his former Ministry The King declares that he will do by advice of their commissioners as Robert shall give occasion by his behaviour And because by his Missive unto his Majesty before his way going as also by his ratification and declaration thereof in writ at Perth Iuny 15. last by past he had declared his resolution concerning his Majesties innocency and the guiltiness of Goury and his brother and had promised to divert the people so far as lay in him from their lewd opinions uncharitable misconstructions of his Majesties actions in that matter Therefore his Majesty craves the determination of the Assembly whether the same Robert should make the same declaration in the pulpit as it is at length written in the Missive and explanation thereof Which both were read and ordained to be registred The Assembly voiced that the said Robert should do as he had promised XIII The Assembly ordaines that all Ministers should keep the fifth day of August by conveening their people and teaching that day by giving thanks unto God for preserving the King from that conspiracy of Goury and his brother And the King promiseth that he shall discharge all riotousness drunkenness and other wickedness by open proclamation and shall ordain Magistrats to take heed thereunto XIV No marriage should be celebrated in the morning nor with candle light and judgeth it lawfull to celebrat marriage on the Sabbath or any other preaching day indifferently so that no riotousness be used XV. The Sacrament of Baptism should not be refused unto infants if the parent crave it he giving a Christian Confession of his faith and specially that Baptism be not astricted unto particular dayes XVI A summons was read that was raised at the instance of the Synod of Lothian against Dame Elenor Hay Countess of Lithgow charging her to appear before this Assembly to prosecute her appellation from the Sentence of excommunication pronounced against her by the Presbytery of Lithgow With certification if she appeared not the Assembly would ratify that Sentence Alexander Earle of Lithgow gives a large supplication mentioning how grieved he was for the obstinacy of his spouse in not consenting to satisfy the conditions that were enjoined unto her when she was relaxed from the fearfull Sentence of excommunication And therefore was likely to incurr that fearfull Sentence again if the Assembly shall not have some consideration of his estate who can not forsake her society albeit he be and promiseth ever with Gods grace to be a sinceer Professor of the Religion taught within this countrey and promiseth to do his best endeavours for converting her unto the truth After consideration the Assembly suspends the Sentence untill the next Nationall Assembly Providing that the King remove his daughter out of her company And that the Earle will promise and cause his children to be catechized in the true Religion and that his Majesty will give him command to debarr all other Papists out of his house and deall earnestly upon all occasions with her for her conversion XVII Proposition was made by sundry brethren from diverse parts that some of best judgement be appointed to consider of the chiefest dangers appearing unto the Religion and peace of the countrey and of the the principall causes thereof and how it might be best prevented Brethren were appointed for this effect and having severall dayes communicat their thoughts did find that a chief cause of danger proceeds from miscontentment of some malicious and restless Papists who rage and leave nothing unessayed to work trouble because they are out of all hope to have his Majesties indifferent affection or connivence to them and their Religion during his Reign And of others who by the execution of justice find themselves and their friends to have suffered dammage and to be empaired of their greatness and dependance and so redacted to live under the obedience of lawes otherwise then they were wont And from minations of the Brethren What unplanted churches are within their bounds VIII The Brethren that were appointed to consider the propositions of the Synod of Fife which are written before condescended upon the answers following 1. The Nationall Asse should be appointed and keept according to the Act of Parliament July 2. year 1592. the words are inserted even as they be here above P. 489. 2. If his Majesty shall proceed against Ministers according to his own declaration made and enacted in the assembly at Dundy in the year 1597. the desire of the second article is satisfied and no other thing is meant 3. The Act concerning application in Exercise should not be extended to forbid the application of Gods word unto the generall ends thereof which is lawfull in this manner This point of doctrin serves for refutation of
such an error for the rebuik of such a vice for consorting men in such a case as for personall application it is to be advised whether it should be or not and how far And thinks good that it be argued in the Presbyteries which shall send with their Commissioners unto the next Assembly their resolution with their reasons And in the mean while no nomination to be used in application 4. Let all commissions be used according to the Acts of the assembly 5. Doctors have had and may have vote in the assembly if they have lawfull commission for that effect as it was declared in the assembly at Edinburgh year 1586. and in other assemblies 6. Let the cautions be precisely keept and looked-unto as they were ordained The seventh is answered by the assembly 8. Nothing is to be done in the assemblies unless it be reasoned and advised sufficiently 9. We acquiesce in his Majesties declaration as W. Balcanquall will declair 10. Let their names be given up and order should be taken precisely The 11. Is ended in the assembly 12. We acquiesce in his Ma s declaration who will acquaint the presbyteries as occasion shall require 13 14. Let greater diligence be used and things amended on all hands in time coming according to the Acts of the ass These answers were approved registred IX Commission is given unto 24. Ministers or any nyne of them to attend on the King with power as in the last assembly And other 24. brethren are named adjoyned unto the Commissioners of Provinces that were conveened at Holyrudhouse October 15. year 1600. out of which number his Majesty may make choice of whom he will present unto vaking Benefices who should vote in Parliament X. The assembly ordaines all persons to keep the sabbath and inhibites all kind of fishing and grinding of mills on the sabbath day Under pain of the censure of the Church And ordains the Commissioners to petition his Majesty that a pecuniall mulct may be laid upon the contraveeners of this Act. XI An Act is made for planting the Churches of Annandeal which have been destitute since the Reformation and that all not provided Ministers shall accept a charge there sufficient stipends being provided or to be declared uncapable of the Ministry To this effect a roll of Expectants or Students is written XII The Moderator in name of the Assembly makes humble request unto his Majesty in favour of Robert Bruce that seing he is admitted to return he may be restored unto his former Ministry The King declares that he will do by advice of their commissioners as Robert shall give occasion by his behaviour And because by his Missive unto his Majesty before his way going as also by his ratification and declaration thereof in writ at Perth Iuny 15. last by past he had declared his resolution concerning his Majesties innocency and the guiltiness of Goury and his brother and had promised to divert the people so far as lay in him from their lewd opinions uncharitable misconstructions of his Majesties actions in that matter Therefore his Majesty craves the determination of the Assembly whether the same Robert should make the same declaration in the pulpit as it is at length written in the Missive and explanation thereof Which both were read and ordained to be registred The Assembly voiced that the said Robert should do as he had promised XIII The Assembly ordaines that all Ministers should keep the fifth day of August by conveening their people and teaching that day by giving thanks unto God for preserving the King from that conspiracy of Goury and his brother And the King promiseth that he shall discharge all riotousness drunkenness and other wickedness by open proâ—lamation and shall ordain Magistrats to take heed thereunto XIV No marriage should be celebrated in the morning nor with candle light and judgeth it lawfull to celebrat marriage on the Sabbath or any other preaching day indifferently so that no riotousness be used XV. The Sacrament of Baptism should not be refused unto infants if the parent crave it he giving a Christian Confession of his saith and specially that Baptism be not astricted unto particular dayes XVI A summons was read that was raised at the â—nstance of the Synod of Lothian against Dame Elenor Hay Countess of Lithgow charging her to appear before this Assembly to prosecute her appellation from the Sentence of excommunication pronounced against her by the Presbytery of Lithgow With certification if she appeared not the Assembly would ratify that Sentence Alexander Earle of Lithgow gives a large supplication mentioning how grieved he was for the obstinacy of his spouse in not consenting to satisfy the conditions that were enjoined unto her when she was relaxed from the fearfull Sentence of excommunication And therefore was likely to incurr that fearfull Sentence again if the Assembly shall not have some consideration of his estate who can not forsake her society albeit he be and promiseth ever with Gods grace to be a sinceer Professor of the Religion taught within this countrey and promiseth to do his best endeavoâ—rs for converting her unto the truth After consideration the Assembly suspends the Sentence untill the next Nationall Assembly Providing that the King remove his daughter out of her company And that the Earle will promise and cause his children to be catechized in the true Religion and that his Majesty will give him command to debarr all other Papists out of his house and deall earnestly upon all occasions with her for her conversion XVII Proposition was made by sundry brethren from diverse parts that some of best judgement be appointed to consider of the chiefest dangers appearing unto the Religion and peace of the countrey and of the the principall causes thereof and how it might be best prevented Brethren were appointed for this effect and having severall dayes communicat their thoughts did find that a chief cause of danger proceeds from miscontentment of some malicious and restless Papists who rage and leave nothing unessayed to work trouble because they are out of all hope to have his Majesties indifferent affection or connivence to them and their Religion during his Reign And of others who by the execution of justice find themselves and their friends to have suffered dammage and to be empaired of their greatness and dependance and so redacted to live under the obedience of lawes otherwise then they were wont And from malicious business of some crafty persons who either for the present necessity of their estate or in hope of gain to be had in the change of the government cease not to enflam the hearts of such as they perceive to be miscontented in any rank and make every man to apprehend his own desire in the trouble of the countrey not sparing them who are of most sinceer affection unto Religion and justice as if it were not carried with that integrity as is profest So endeavouring to make the godly and good
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
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