obedient subjects The Kings escape was made in the end of Iune and in December following he calls a Convention of the Estates in which the subject of his Proclamation was approved and verified the fact declared to be Crimen laesae Majestatis or Treason in the highest degree For which as some were executed and others fled so divers of the Ministers that had been dealers in that matter pretending they were persecuted had retired into England For notwithstanding his Majesties great clemency in pardoning the Conspirators on such easie conditions they preferred rather the pursuing of their wicked purposes then the enjoying of a peaceable and quiet life For whether it were that they presumed on supplies from England of which they had received no inâ—â—obable hopes as afterwards was confessed by the Earl of Gowry or that they built upon the Kirk-Faction to come in to aid them as the General Assembly had required they begin in all places to prepare for some new Commotion but being deceived in all their hopes and expectations they were confined to several Prisons before the Convention of Estates and after it upon a further discovery of their preparations and intentions compelled to quit the Kingdome and betake themselves for their protection unto several Nations Onely the Earl of Gowry staid behind the rest and he paid well for it For being suspected to be hammering some new design he was took Prisoner at Dundee in the April following 1584 thence brought to Edenborough and there condemned and executed as he had deserved In the mean time the Kirk-men were as troublesome as the Lay-Conspirators Dury so often mentioned in a Sermon at Edenborough had justified the fact at Ruthen for which being cited to appear before the Lords of the Council he stood in maintainance of that which he had delivered but afterwards submitting himself unto the King on more sober thoughts he was kept upon his good â—ehaviour without further punishment But Andrew Melvin was a man of another metal who being commanded to attend their Lordships for the like offence declined the judgement of the King and Council as having no cognizance of the cause To make which good he broached this Presbyterian Doctrine That whatsoever was spoken in the Pulpit ought first to be tryed by the Presbyterie and that neither the King nor Council were to meddle with it though the same were treasonable till the Presbyterie had first taken notice of it But finding that the King and Council did resolve to proceed and had entred upon Examination of some Witnesses which were brought against him he told the King whether with greater Confidence or Impudence is hard to say That he preached the Laws both of God and man For which undutiful Expression he was commanded Prisoner to the Castle of Blackness Instead whereof he takes Sanctuary in the Town of Berwick where he remained till way was made for his return the Pulpits in the mean time sounding nothing but that the Light of the Countrey for Learning and Piety was forced for safety of his life to forsake the Kingdom In which Exile he was followed within few moneths after by Palvart Sub-Dean of Glasgow Galloway and Carmichiel two inferior Ministers who being warned to tender their appearance to the King and Council and not appearing at the time were thereupon pronounced Rebels and fled after the other Nor was the General Assembly held at Edenborough of a better temper then these Preachers were in which the Declaration made at the last Convention of Estates was stoutly crossed and encountred The King with the advice of his Estates had resolved the Fact of surprizing His Majesties person to be treasonable But the Brethren in the said Assembly did not onely authorize and avow the same but also esteeming their own judgement to be the Soveraign judgement of the Realm did ordain all them to be excommunicated that would subscribe unto their opinion 61. The King perceiving that there was no other way to deal with these men then to husband the present opportunity to his best advantage resolved to proceed against them in such a way as might disable them from committing the like insolencies for the time to come The chief Incendiaries had been forced to quit the Kingdom or otherwise deserted it of their own accords the better to escape the punishment which their crimes had merited The great Lords on whose strength they had most presumed were either under the like exile in the neighbouring Countries or else so weakned and disanimated that they durst not stir So that the King being clearly Master of the Field his Counsellors in good heart and generally the Lords and Commons in good terms of obedience it was thought fit to call a Parliament and therein to enact such Laws by which the honour of Religion the personal safety of the King the peace and happiness of the Kingdom and the prosperity of the Church might be made secure In which Parliament it was enacted amongst others things the better to encounter the proceedings of the Kirk and most Zealous Kirkmen That none of his Highness Subjects in time coming should presume to take upon them by word or writing to justifie the late treasonable attempt at Ruthen or to keep in register or store any Books approving the same in any sort And in regard the Kirk had so abused his Majesties goodness by which their Presbyterial Sessions the general Assemblies and other meetings of the Kirk were rather connived at then allowed an Act was made to regulate and restrain them for the times ensuing for by that Act it was ordained That from thenceforth none should presume or take upon them to Convocate Convene or assemble themselves together for holding of Councils Conventions or Assemblies to treat consult or determine in any matters of Estate Civil or Ecclesiastical excepting the ordinary judgements without the Kings special commandment 62. In the next place the Kings lawful Authority in causes Ecclesiastical so often before impugned was approved and confirmed and it was made treason for any man to refuse to answer before the King though it were concerning any matter which was Ecclesiastical The third Estate of Parliament that is the Bishops were restored to the ancient dignity and it was made treason for any man after that time to procure the innovation or diminution of the Power and Authority of any of the three Estates And for as much as through the wicked licentious publick and private Speeches and untrue calumnies of divers his Highness subjects I speak the very words of the Act to the disdain contempt and reproach of his Majesty his Council and proceedings stirring up his Highness subjects thereby to misliking sedition unquietness to cast off their due oâ—edience to his Majesty Therefore it is ordained that none of his subjects shall presume or take upon them privately or publickly in Sermons Declamations oâ— familiar Conferences to utter any false scandalous and untrue Speeches to the disdain reproach and contempt of
v. 28. The second was Dr. Buckeridg then Master of St. Iohn's Colledg in Oxon and afterwards preferred to the See of Rochester who no less learnedly evinced the King's Supremacy in all Concernments of the Church selecting for his Text the words of same Apostle Rom. 13. v. 1. Next followed Dr. Andrews then Bishop of Chichester who taking for his Text those words of Moses viz. Make thee two Trumpets of silver c. Numb 10. v. 2. convincingly demonstrated out of all Antiquity That the calling of all General and National Councils had appertained unto the Supreme Christian Magistrate Dr. King then Dean of Christ-Church brings up the Rear and taking for his Text those words of the Canticles Cap. 8. v. 11. disproved the calling of Lay-Elders as men that had no Power in governing the Church of Christ nor were so much as heard of in the Primitive times But neither the Learned Discourses of these Four Prelates nor the Arguments of the Scottish Bishops nor the Authority and Elocution of the King could gain at all on these deaf Adders who came resolved not to hear the voice of those Charmers charmed they never so wisely Thus have we seen them in their Crimes and now we are to look upon them in their several Punishments And first the Ministers which had been summoned into England were there commanded to remain until further The six which were condemned for Treason were sentenced by the King to perpetual banishment and never to return to their Native Countrey upon pain of death And as for those which had acknowledged their offence and submitted to mercy they were confined unto the Isles and out-parts of the Kingdom where they may possibly work some good but could do no harm After which Andrew Melvin having made a Seditious Libel against the Altar and the Furniture thereof in His Majesty's Chappel was brought into the Starr-Chamber by an Ore tenus where he behaved himself so malepertly toward all the Lords and more particularly towards the Arch-bishop of Canterbury that he was sentenced to imprisonment in the Tower of London and there remained till he was begged by the Duke of Bouillon and by him made Professor of Divinity in the School of Sedan 21. During the time that all men's Eyes were fastned on the issue of this great Dispute the King thought fit to call a Parliament in Scotland which he managed by Sir George Hume his right trusty Servant not long before created Earl of Dunbar and made Lord Treasurer of that Kingdom His chief Work was to settle the Authority of the King and the Calling of Bishops that they might mutually support each other in the Government of the Church and Stateâ—punc It was supposed that no small opposition would be made against him by some Puritan Ministers who repaired in great numbers to the Town as on their parts it was resolved on But he applyed himself unto them with such Art and Prudence that having taken off their edg the Acts passed easily enough with the Lords and Commons By the first Act the King's Prerogative was confirmed over all Persons and in all Causes whatsoever Which made Him much more Absolute in all Affairs which had relation to the Church than he had been formerly And by the next entituled An Act for Restitution of the Estate of Bishops the Name of Bishops was conferred upon such of the Ministers as by the King were nominated unto any of the Bishop-Sees and thereby authorized to have place in Parliament A course was also taken by it to repossess the Bishops of the Lands of their several Churches as well as their Titles and Degree not that a Plenary re-possession of their Lands was then given unto them but that by a Repeal of the late Act of Annexation the King was put into a capacity of restoring so much of the Rents as remained in the Crown and otherwise providing for them out of his Revenues And that the like distraction might not be made of their Estates for the time to come an Act was passed for restraining such Dilapidations as had impoverish'd all the Bishopricks since the Reformation After which and the dooming of the greater Zealots to their several Punishments he indicts a general Assembly at Linlithgow in December following at which convened One hundred thirty six Ministers and about Thirty three of the Nobility and principal Gentry In this Assembly it was offered in behalf of his Majesty That all Presbyteries should have their constant Moderators for whose encouragement his Majesty would assign to each of them a yearly stipend amounting to One hundred pounds or Two hundred Marks in the Scots account That the Bishops should be Moderators of all Presbyteries in the Towns and Cities where they made their residence as also in Provincial and Diocesan Synods and that the Bishops should assume upon themselves the charge of prosecuting Papists till they returned to their obedience to the King and the Church In the obtaining of which Acts there was no small difficulty but he obtained them at the last though not without some limitations and restrictions super-added to them under pretence of keeping the Commissioners hereafter to be called Bishops within their bounds 22. The Presbyterians notwithstanding were not willing to forgo their Power but strugling like half-dying men betwixt life and death laid hold on all advantages which were offered to them in opposition to the Acts before agreed on Gladstanes Arch-bishop of St. Andrews taking upon him to preside as Moderator in the Synod of Fife being within his proper Diocese and Jurisdiction was for a while opposed by some of the Ministers who would have gone to an Election as at other times The Presbyteries also in some places refused to admit the Bishops for their Moderators according to the Acts and Constitutions of the said Assembly Which though it put the Church into some disorder yet the Bishops carried it at the last the stoutest of the Ministers suâ—mitting in the end unto that Authority which they were not able to contend with In which conjuncture the King gives order for a Parliament to be held in Iune in which He passed some severe Laws against the Papists prohibiting the sending of their Children to be educated beyond the Seas and giving order for the choice of Pedagogues or Tutors to instruct them there as also against Jesuits and the Sayers and Hearers of Mass. The cognizance of several Causes which anciently belonged to the Bishops Courts had of late times been setled in the Sessions or Colledg of Justice But by an Act of this Parliament they are severed from it and the Episcopal Jurisdiction restored as formerly the Lords of the Session being in lieu thereof rewarded with Ten thousand pounds yearly which must be understood according to the Scottish account out of the Customs of that Kingdom It was enacted also That the King from thenceforth might appoint such Habit as to him seemed best to Judges Magistrates and Church-men Which
Tyrants of preceding times which comes up close to those irreverent and lewd expressions which frequently occur in Calvin Beza Knox c. in reference to the two Mary's Queens of England and Scotland and other Princes of that age which have been formerly recited in their proper places 35. The Royal Family being thus wretchedly exposed to the publick hatred he next applyes himself to stir up all the world against them both at home and abroad And first he laboureth to excite some desperate Zealot to commit the like assassinate on the King then Reigning as one Bodillus is reported in some French Histories to have committed on the person of Chilprick one of the last Kings of the Merovignians which he commemorates for a Noble and Heroick action and sets it out for an example and encouragement to some gallant French-man for the delivery of his Country from the Tyranny of the House of Valois the ruine whereof he mainly drives at in his whole designe And though he seem to make no doubt of prevailing in it yet he resolves to try his Fortune otherwise if that should fail And first beginning with their next neighbour the King of Spain he he puts them in remembrance of those many injuries which he and his Ancestors had received from the House of Valois acquaints him with the present opportunity which was offered to him of revenging of thoâ—e wrongs and making himself Master of the Realm of France and chalks him out a way how he might effect it that is to say by coming to a present Accord with the Prince of Orange indulging Liberty of Conscience to the Belgick Provinces and thereby drawing all the Hugonots to adhere unto him which counsel if he did not like he might then make the same use of the Duke of Savoy for whom the Hugonots in France had no small affection and by bestowing on him the adjoyning Regions of Lyonoise Dâ—ulphine and Provence might make himself Lord of all the rest without any great trouble The like temptation must be given to the Queen of England by putting her in minde of her pretences to the Crown it self and shewing how easie a thing it might be for her to acquire those Countries whose Arms and Titles she assumed with like disloyalty he excites the Princes of the Empire to husband the advantage which was offered to them for the recovering of Metz Toule and Verdun three Imperial Cities by this Kings Father wrested betwixt fraud and force from Charles the Fifth and ever since incorporated with the Realm of France If all which failed he is resolved to cast himself on the Duke of Guise though the most mortal and implacable enemy of the Hugonot Faction and makes a full address to him in a second Epistle prefixt before the Book it self in which he puts him in remembrance of his old pretensions to the Crown of France extorted by Hugh Capet from his Ancestors of the House of Loraigne offereth him the assistance of the Hugonot party for the recovery of his Rights and finally beseeches him to take compassion of his ruined Country cheerfully to accept the Crown and free the Kingdom from the spoil and tyranny of Boyes and Women together with that infinite train of Strangers Bawdes and Leachers which depend on them which was as great a Master-piece in the art of mischief as the wit of malice could devise 36. As for his Doctrines in reference to the common duties between Kings and Subjects we may reduce them to these heads that is to say 1. That the Authority of Kings and Supreme Magistrates is circumscribed and limited by certain bounds which if they pass their Subjects are no longer tyed unto their obedience that Magistrates do exceed those bounds when either they command such things as God forbiddeth or prohibit that which he commands that therefore they are no longer to be obeyed if their Commands are contrary to the Rules of Piety or Christian Charity of which the Subjects must be thought the most competent Judges 2. That there were companies and societies of men before any Magistrates were set over them which Magistrates were no otherwise set over them then by common consent that every Magistrate so appointed was bound by certain Articles and Conditions agreed between them which he was tyed by Oath to preserve inviolable that the chief end for which the people chose a Superiour Magistrate was that they might remain in safety under his protection and therefore if such Magistrates either did neglect that end or otherwise infringe the Articles of their first Agreement the Subjects were then discharged from the bond of obedience and that being so discharged from the bond of obedience it was as lawful for them to take up Arms against their King in maintainance of their Religion Laws and Liberties if indangered by him as for a Traveller to defend himself by force of Arms against Thieves and Robbers 3. That no Government can be rightly constituted in which the Grandeur of the Prince is more consulted then the weal of the People that to prevent all such incroachments on the Common Liberty the people did reserve a power of putting a curb upon their Prince or Supreme Magistrates to hold them in such as the Tribunes were in Rome to the Senate and Consuls and the Ephori to the Kings of Sparta that such a power as that of the Spartan Ephori is vested in the seven Electors of the German Empire which gives them an Authority to depose the Emperour if they see cause for it and that the like may be affirmed of the English Parliaments who oftentimes have condemned their Kings but he knows not whom 4. That by the first constitutions of the Realm of France the Supreme power was not entrusted to the King but the three Estates so that it was not lawful for the King to proclaim a War or to lay Taxes on the people but by their consent that these Estates assembled in a Common Council did serve instead of eyes and ears to a prudent Prince but to a wicked and ungoverned for Bit or Bridle and that according to this power they dethroned many of their Kings for their Lusts Luxuries Cruelty Slothfulness Avarice c. that if they proceeded not in like manner with the King then Reigning it was because they had an high esteem with scorn and insolence enough of his eminent Vertues his Piety Justice and Fidelity and the great commendations which was given of his Mothers Chastity and therefore finally which was the matter to be proved by those Factious Principles that it was altogether as lawful for the French to defend themselves their Laws and Liberties against the violent assault of a furious Tyrant so he calls their King as a Traveller by Thieves and Robbers Which Aphorisms he that listeth to consult in the Author may finde them from pag. 57. to 66. of the second Dialogue and part 1. pag. 8. 37. But notwithstanding these indignities
the cruel counsels of that Roman Beast tending to extermine and rase from the face of all Europe the true light of the blessed Word of Salvation For these causes and that God of his mercy would bless the Kings Highness and his Regiment and make him to have a happy and prosperous Government as also to put in his Highness heart and in the hearts of his Noble Estates of Parliament not onely to make and establish good politick Laws for the Weal and good Government of the Realm but also to set and establish such a Polity and Discipline in the Kirk as is craved in the Word of God and is contained and penned already to be presented to his Highness and Council that in the one and in the other God may have his due praise and the age to come an example of upright and Godly dealing Which Act of the Assembly pass'd on the 24 of April 1578. 34. The Discipline must be of most excellent use which could afford a present remedy to so many mischiefs and yet as excellent as it was it could obtain no Ratification at that time of the King or Parliament which therefore they resolve to put in practise by the strength of their party without insisting any further on the leave of either In which respect it will not be unnecessary to take a brief view of such particulars in which they differ from the Ancient Government of the Church of Christ or the Government of the Church of England then by Law established or finally from the former Book of Discipline which themselves had justified Now by this Book it is declared That none that bear Office in the Church of Christ ought to have Dominion over it or be called Lords That the Civil Magistrates are so far from having any power to Preach administer the Sacraments or execute the Censures of the Church that they ought not to prescribe any Rule how it should be done and that as Ministers are subject to the judgement and punishment of Magistrates in External things if they offend so ought the Magistrates submit themselves to the Discipline of the Church if they transgress in matter of Conscience and Religion That the Ministers of the Church ought to govern the same by mutual consent of Brethren and equality of power according to their several Functions That there are onely four ordinary Office bearers in the Church that is to say The Pastor Minister or Bishop the Doctor the Elder and the Deacon and that no more ought to be received in the Word of God and therefore that all ambitious Titles invented in the Kingdom of Antichrist and his usurped Hierarchy which are not of these four sorts-together with the Offices depending thereupon that is to say Archbishops Patriarchs Chancellours Deans Archdeacons c. ought in one word to be rejected That all which bear Office in the Church are to be elected by the Eldership and consent of the Congregation to whom the person presented is appointed and no otherwise That the Ordination of the person so elected is to be performed with Fasting Prayer and the Imposition of the hands of the Eldership Remember that Imposition of hands was totally rejected in the former Book That all Office-bearers in the Church should have their own particular flocks amongst whom they ought to exercise their charge and keep their residence 35. But more particularly it declares That it is the Office of the Pastor Bishop or Minister to preach the Word of God and to administer the Sacraments in that particular Congregation unto which he is called and it belongs unto them after lawful proceeding of the Eldership to pronounce the sentence of binding and loosing as also to solemnize Marriage between persons contracted being by the said Eldership thereunto required That it is the Office of the Doctor simply to open the mind of the Spirit of God in the Scriptures without making any such application as the Minister useth and that this Doctor being an Elder ought to assist the Pastor in the Government of the Church by reason that the Interpretation of the Word which is the onely Iudge in Ecclesiastical matters is to him committed That it is the Office of the Elder that is to say The Lay-Elder for so they mean both privately and publickly to watch with all diligence over the flock committed to them that no corruptions of Religion or manners grow amongst them as also to assist the Pastor or Minister in examining those that come to the Lords Table in visiting the sick in admonishing all men of their duties according to the Rule of the Word and in holding Assemblies with the Pastors and Doctors for establishing good order in the Church the Acts whereof he is to put in execution That it is the Office of the Deacon to collect and distribute the goods of the Church at the appointment of the Elders amongst which he is to have no voyce in the common Consistory contrary to the Rules of the former Book That all Ecclesiastical Assemblies have a power lawfully to convene together for that effect That it is in the power of the Eldership to appoint Visitors for their Churches within their bounds and that this power belongs not to any single person be he Bishop or otherwise That every three four or more Parishes may have an Eldership to themselves but so that the Elders be chosen out of each in a fit proportion That it is the Office of these Elderships to enquire of naughty and unruly Members and to bring them into the way again either by Admonition and threatning of Gods Iudgements or by Correction even to the very Censure of Excommunication as also to admonish censure and if the case require to depose their Pastor if he be found guilty of any of those grievous crimes among which Dancing goes for one which belongs to their cognizance The Errors committed by the Eldership to be corrected by Provincial Assemblies and those in the Provincials by the General The maintainance and assisting of which Discipline and the inflicting of Civil punishments upon such as do not obey the same without confounding one Iurisdiction with another is made to be the chief Office of Kings and Princes And that this Discipline might be executed without interruption it was required that the Name and Office of Bishops as it then was and had been formerly exercised in the Church of Scotland as also the Names and Offices of Commendators Abbots Priors Deans Deans and Chapters Chancellors Archdeacons c. should from thenceforth be utterly abolished and of no effect Which points and all the rest therein contained being granted to them all right of Patronages destroyed that popular Elections may proceed in all their Churches and finally the whole Patrimony of the Church in Lands Tythes or Houses permitted to the distribution of the Deacons in every Eldership they then conceive that such a right Reformation may be made as God requires 36. This Book of Discipline being presented to
run on till they came to the end of the Race of which in general King Iames hath given us this description in a Declaration of his published not long after the surprising of his person by the Earl of Gowry 15â—2 where we finde it thus The Bishops having imbraced the Gospel it was at first agreed even by the Brethren with the consent of Regent that the Bishops estate should be maintained and authorized This endured for sundry years but then there was no remedy the Calling it self of Bishops was at least become Antichristian and down they must of necessity whereupon they commanded the Bishops by their own Authority to leave their Offices and Iurisdiction They decreed in their Assemblies That Bishops should have no vote in Parliament and that done they desired of the King that such Commissioners as they should send to the Parliament and Council might from thenceforth be authorized in the Bishops places for the Estate They also directed their Commissioners to the Kings Majesty commanding him and the Council under pain of the Censures of the Church Excommunication they meant to appoint no Bishops in time to come because they the Brethren had concluded that State to be unlawful And that it might appear to those of the suffering party that they had not acted all these things without better Authority then what they had given unto themselves they dispatched their Letters unto Beza who had succeeded at Geneva in the Chair of Calvin from whence they were encouraged and perswaded to go on in that course and never re-admit that plague he means thereby the Bishops to have place in that Church although it might flatter them with a shew of retaining unity 17. But all this was not done at once though laid here together to shew how answerable their proceedings were to their first beginnings To cool which heats and put some Water in their Wine the Queen by practising on her Keepers escapes the Prison and puts her self into Hamilton Castle to which not onely the dependants of that powerful Family but many great Lords and divers others did with great cheerfulness repair unto her with their several followers Earl Murray was at Stirling when this news came to him and it concerned him to bestir himself with all celerity before the Queens power was grown too great to be disputed He therefore calls together such of his Friends and their adherents as were near unto him and with them gives battail to the Queen who in this little time had got together a small Army of four thousand men The honour of the day attends the Regent who with the loss of one man onely bought an easie Victory which might have proved more bloudy to the conquered Army for they lost but three hundred in the fight it he had not commanded back his Souldiers from the execution The Queen was placed upon a Hill to behold the battail But when she saw the issue of it she posted with all speed to the Port of Kerbright took Ship for England and landed most unfortunately as it after proved at Wirckington in the County of Cumberland From thence she dispatched her Letters to Queen Elizabeth full of Complaints and passionate bewailings of her wretched fortune desires admittance to her presence and that she might be taken into her protection sending withal a Ring which that Queen had given her to be an everlasting token of that love and amity which was to be maintained between them But she soon found how miserably she had deceived her self in her Expectations Murray was grown too strong for her in the Court of England and others which regarded little what became of him were glad of her misfortunes in relation to their own security which could not better be consulted then by keeping a good Guard upon her now they had her there And so instead of sending for her to the Court the Queen gives order by Sir Francis Knollis whom she sent of purpose to remove the distressed Lady to Carlisle as the safer place until the equity of her cause might be fully known She hath now took possession of the Realm which she had laid claim to but shall pay dearly for the purchase the Crown whereof shall come at last to her Posterity though it did not fall upon her person 18. Now that the equity of her cause might be understood the Regent is required by Letters from the Court of England to desist from any further prosecution of the vanquished party till that Queen were perfectly informed in all particulars touching these Affairs Which notwithstanding he thought fit to make use of his Fortune summoned a Parliament in which some few of each sort noble and ignoble were proscribed for the present by the terrour whereof many of the rest submitted and they which would not were reduced by force of Arms. Elizabeth not well pleased with these proceedings requires that some Commissioners might be sent from Scotland to render an account to her or to her Commissioners of the severity and hard dealing which they had shewed unto their Queen And hereunto he was necessitated to conform as the case then stood The French being totally made against him the Spaniards more displeased then they and no help 〈◊〉 be had from any but the English onely At York Commissioners attend from each part in the end of September From Queen Elizabeth Thomas Duke of Norfolk Thomas Earl of Sussex and Sir Ralph Sadlier Chancellor of the Dutchy of Lancaster For the unfortunate Queen of Scots Iohn Lesly Bishop of Ross the Lords Levington Boyd c. And for the Infant King besides the Regent himself there appeared the Earl of Morton the Lord Lindsay and certain others After such protestations made on both sides as seemed expedient for preserving the Authority of the several Crowns an Oath is took by the Commissioners to proceed in the business according to the Rules of Justice and Equity The Commissioners from the Infant-King present a Declaration of their proceedings in the former troubles to which an answer is returned by those of the other side Elizabeth desiring to be better satisfied in some particulars requires the Commissioners of both sides some of them at the least to repair unto her where after much sending and proving as the saying is there was nothing done which might redound unto the benefit of the Queen of Scots 19. For whilst these matters were in agitation in the Court of England Letters of hers were intercepted written by her to those which continued of her party in the Realm of Scotland In which Letters she complained that the Queen of England had not kept promise with her but yet desired them to be of good heart because she was assured of aid by some other means and hoped to be with them in a short time Which Letters being first sent to Murray and by him shewed to Queen Elizabeth prevailed so much for his advantage that he was not onely dismissed with favour but waited
the same Arts which they brought hither with them Such welcome Guests must needs have some Encouragement to remain here always And what Encouragement could be greater and more welcome to them then to enjoy the liberty of their own Religion according to such Government and Forms of Worship as they had exercised at home King Edward had indulged the like priviledges to Iohn Alasco and Queen Elizabeth to the French neither of which were so considerable as the Flemish Inmates A suit is therefore made by their Friends in Court for granting them the Church of Augustine-Fryers where Iohn Alasco formerly held his Dutch Congregation and granting it with all such Priviledges and Immunitiâ—s as the Dutch enjoyed And that they might proceed in setting up their Presbyteries and new Forms of Worship they obtain not onely a Connivance or Toleration but a plain Approbation of their actings in it For in the Letters which confirmed this new Church unto them it is expresly signified by the Lords of the Council That they knew well that from the first beginning of the Christian Faith different Rites and Ceremonies had been used in some parts thereof which were not practised in the other That whilst some Christians worshipped God upon their knees others erect upon their feet and some again groveling on the ground there was amongst them all but one and the same Religion as long as the whole action tended to the honor of God and that there was no Superstition and Impiety in it That they contemned not the Rites which these Dutch brought with them nor purposed to compel them to the practice of those which were used in England but that they did approve and allow their Ceremonies as sitted and accommodated to the nature of the Countrey from whence they came Which priviledges they enlarged bâ— their Letter of the 29 of Iune in the year next following An. 1574 extending them to all such of the Belgick Provinces as reâ—orted hither and joyned themselves unto that Church thâ—ugh otherwise dispersed in several parts and Sea-Towns for their own conveniences which gave the first beginning to the nâ—w Dutch Churches in Canterbury Sandwich Yarmouth Norwich and some other places in the North to the great animation or the Presbyters and the discomfort of all such who were of judgement to foresee the sad consequents of it 8. With like felicity they drove on their designs in Iersey and Guernsey in the two principal Towns whereof the Discipline had been permitted by an Order of the Lords of the Council as before was said But not content with that allowance which the Lords had given them by His Majesties great grace and favour their Preachers being for the most part natural Frenchmen had introduced it by degrees into all the Villages furthered therein by the Sacrilegious Avarice of the several Governors out of a hope to have the spoil of the poor Deanries to ingross all the Tythes unto themselves and then put off the Ministers with some sorry stipends as in fine they did But first those Islands were to be dissevered by some Act of State from being 〈◊〉 longer Members of the Diocess or subject to the Juriâ—â—iction of the Bishops of Constance And that being easily obtained it was thought fit that Snape and Cartwright the great Supporters of the cause in England should be sent unto them to put their Churches in a posture and settle the Discipline amongst them in such form and manner as it was practised in Geneva and amongst the French Which fell out happily for Cartwright as his case stood who being worsted in the last Encounter betwixt him and Whitgift had now a handsome opportunity to go off with credit not as if worsted in the fight but rather called away to another tryal Upon thâ—s Invitation they set sail for the Islands and take the charge thereof upon them the one of them being made the titular Pastor of the Castle of Mount-Orgueil in the Isle of Iersey and the other of Castle-Cornet in the Rode of Guernsey Thus qualified they convene the Churches of each Island communicate unto them a rude Draught of the Holy Discipline which afterwards was polished and accommodated to the use of those Islands but not agreed upon and exercised until the year next following as appears by the Title of it which is this viz. The Ecclesiastical Discipline observed and practised by the Churches of Jersey and Guernsey after the Reformation of the same by the Ministers Elders and Deacons of the Isles of Guernsey Jersey Sark and Alderney confirmed by the Authority and in the presence of the Governors of the same Isles in a Synod holden in Guernsey the 28 of June 1576 and afterwards revived by the said Ministers and Elders and confirmed by the said Governors in a Synod holden in Jersey the 11 12 13 14 15 and 17 days of October 1577. 9. With worse success but less diligence did Travers labour in the cause who being one of the same spirit published a book in maintenance of the Holy Discipline which he caused to be printed at Geneva and was thus intituled viz. Ecclesiasticae Disciplinae Anglicanae Ecclesiae ab illa aberrationis plena e verbo Dei Dilucida Explicatio that is to say A full and perfect Explication of Ecclesiastical Discipline according to the Word â—f God and of the Church of Englands departing from it In which book he advanced the Discipline to so great a height as made it necessary for all Christian Kings and Princes to submit unto it and lay down their Crowns and Scepters at the Churches feet even to the very licking up of the dust thereof if occasion were But Travers sojourned in Geneva when he wrote this book and was to frame it to the palate of Beza and the rest of that Confistory who had by this time made the Discipline as essenâ—ial to the true being of a Church as either the Preaching of the Word or the Administration of the holy Sacraments Beza had so declared it in a Letter to Knox An. 1572. In which he reckons it as a great and signal blessing from Almighty God that they had introduced in Scotland not onely the true Worship of God but the Discipline also which was the best Preservative of the truth of Doctrine Which therefore he desires him so to keep together as to be sure that if the one be lost that is laid aside the other is not like to continue long And Cartwright leading in the same path also heightned it above all which had gone before or that followed after him Some of the Brethren have extolled it to the very Skies as being the onely Bond of Peace the Bane of Heresie the Punisher of Sin and maintainer of Righteousness A Discipline full of all goodness for the peace and honour of Gods people ordained for the joy and happiness of all the Nations But Cartwright sets them such a leap as they durst not reach at not onely telling us in
again by Admonition or Threatning of God's Judgments or by Correction It appertains to the Eldership to take heed that the Word of God be purely preached within their bounds the Sacraments rightly ministred the Discipline entertained and Ecclesiastical Goods uncorruptly distributed It belongeth to this kind of Assemblies To cause the Ordinances made by the Assemblies Provincial National and general to be kept and put in execution To make Constitutions which concern 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Kirk for decent Order in the particular Kirk where they govern providing that they alter no Rules made by the Provincial and General Assemblies and that the Provincial Assemblies aforesaid be privy to the Rules that they shall make and to abolish Constitutions tending to the hurt of the same It hath power to excommunicate the obstinate formal process being had and due interval of times observed Anent particular Kirks if they be lawfully ruled by sufficient Ministers and Session they have Power and Jurisdiction in their own Congregation in matters Ecclesiastical and decrees and declares the Assemblies Presbyteries and Sessions-Jurisdiction and Discipline aforesaid to be in all times coming most just good and godly in it self notwithstanding whatsoever Statutes Acts Canons Civil and Municipal Laws made to the contrary to which and every one of them these Presents shall make express derogation 44. And because there are divers Acts of Parliament made in favour of the Papistical Church tending to the prejudice of the Liberty of the true Kirk of God presently professed within this Realm Jurisdiction and Discipline thereof which stand yet in the Books of the Acts of Parliament not abrogated nor annulled Therefore His Highness and Estates foresaid hath abrogated casted and annulled and by the tenour hereof abrogates casts and annuls all Acts of Parliament made by any of His Highness Predecessors for maintenance of Superstition and Idolatry with all and whatsoever Acts Laws and Statutes made at any time before the day and date hereof against the Liberty of the true Kirk Jurisdiction and Discipiline thereof as the same is used and exercised within this Realm And in special that Act of Parliament holden at Sterling the 4 th of November 1543 commanding obedience to be given to Eugenius the Pope for the time the Act made by K. Iames the 3d in His Parliament holden at Edenborough the 24 th of February in the year of God 1480. And all other Acts whereby the Pope's Authority is established The Act of the said King Iames in his Parliament holden at Edenborough the 20 th of November 1469 anent the Saturday and other Vigils to be Holy-day from Even-song to Even-song Item That part of the Act made by the Queen-Regent holden at Edenborough the first day of February 1551 giving specially License for holding of of Pasch and Zuil 45. And further the King's Majesty and Estates aforesaid declare That the 129 th Act of Parliament holden at Edenborough the 22 d of May in the year of God 1584 shall no ways be prejudicial or derogate any thing from the Priviledg that God hath given the Spiritual Office-bearers in the Kirk concerning Heads of Religion Matters of Heresie Excommunication Collation or Deprivation of Ministers or any such like Ecclesiastical Censures specially grounded and having warrant of the Word of God Item Our Soveraign Lord and Estates of Parliament foresaid abrogates casts and annihilates the Acts of the same Parliament holden at Edenborough the same year 1584 granting Commission to Bishops and other Judges constitute in Ecclesiastical Causes to receive His Highness Presentation to Benefices to give Collation thereupon and to put Order to all Causes Ecclesiastical which His Majesty and Estates foresaid declares to be expired in the self and to be null in time coming of none avail force or effect And therefore ordains all Presentations to Benefices to be direct to the particular Presbyteries in all time coming with full Power to give Collation thereupon and to put Order to all Matters and Causes Ecclesiastical within their bounds according to the Discipline of the Kirk Providing the foresaid Presbyters be bound and astricted to receive and admit whatsoever qualified Minister presented by His Majesty or Laick Patrons 46. Such was the Act by which the Presbyterian Discipline was setled in the Kirk of Scotland They had given Him trouble enough before when they had no authority of Law to confirm their actions But now He must expect much more and they will see His expectation satisfied to the very full So that it may be much admired that He yeelded to it the rather in regard the Reasons of it are not certainly known nor very easie to be guessed at Whether it were that he were not well enough informed touching the low condition which the English Puritans were at this time brought to or that He stood so much in fear of the Earl of Bothwell whose treacherous practises threatned Him with continual danger that He was under a necessity of conforming to them for His own preservation or that He thought it His best way to let them have their own Wills and pursue their own Counsels till they had wearied both themselves and the rest of the Subjects by the misgovernment of that Power which He had given them or whether it were all or none of these it is hard to say Nor is it less to be admired that the Nobility of Scotland who had found the weight of that heavy yoke in the times fore-going should take it so easily on their necks and not joyn rather with the King to cast it off But they had gotten most of the Church-Lands into their possession and thought it a greater piece of wisdom to let the Presbytery over-top them in their several Consistories than that the Bishops Deans and Chapters or any other who pretended unto their Estates should be restored again to their Power and Places and thereby brought to a capacity of contending with them for their own In which respect they yeelded also to another Act against the everting of Church-Lands and Tenths into Temporal Lordships for To what purpose should they strive for such empty Titles as added little to their profit and not much to their pleasures There also passed some other Acts which seemed much to favour both the Kirk and the Kirk-men as namely For the ratification of a former Act 1587 in favour of the Ministers their Rents and Stipends for enabling Lay-Patrons to dispose of their Prebendaries and Chaplinaries unto Students and that no Benefices with Cure pay any Thirds There passed another Act also which concerned the Glebes and Manses in Cathedral Churches preserved of purpose by the King though they thought not of it that when he found it necessary to restore Episcopacy the Bishops might find Houses and other fit Accommodations near their own Cathedrals 47. Thus have the Presbyterians gained two Acts of great importance The one for setling their Presbyteries in all parts of the Kingdom The other for repressing all
remembrances if the Honour of the Church of England were not some way vindicated as well by the one as by the other Thus as before we brought the Presbyterians in Scotland to their greatest height in seeing their Discipline established by Laws and confirmed by Leagues so have we brought the English Puritans to their lowest fall by divers sharp Laws made against them some severe Executions done upon them for their transgressing of those Laws their principal Leaders humbled or cut off by the Sword of Justice and the whole Mackina of their Devices brought to utter ruine not the less active for all this to advance the Cause though after a more peaceful and more cunning way so much the more dangerous to this Church because less suspected but not so closely carried as to scape discovery And the first practise which they fell upon was this that followeth 36. It hath been an ancient Custom in the City of London to have three solemn Sermons preached on Monday Tuesday and Wednesday in the Easter-week at the place commonly called the Spittle being a dissolved Hospital not far from Bishops-Gate at which the Lord Mayor and Aldermen used to be present in their Robes besides a great concourse of Divines Gentlemen and other Citizens For the performance of which Work a decent Pulpit was erected in an open place which had been part of the Church-yard the ordinary Hearers sitting upon Forms before the Pulpit the Lord Mayor Aldermen and their Wives with other Persons of Quality in two handsome Galleries to which was added in the year 1594 a fair large House for the reception of the Governours and Children of the Hospital founded in the Grey-Fryers who from thenceforth were tyed to attend those Sermons At what time also the old Pulpit was taken down and a new set up with the Preachers face turned toward the South which had before been towards the West for so in former times the Pulpits were generally placed in all Churches of England to the end that the peoples faces in all acts of Worship might look toward the East according to the Custom of the Primitive times Which alteration seemed to be made upon design that without noise or any notice taken of it they might by little and little change the posture of Adoration from the East to the West or any other point of the Compass as their humour served In which first they were showed the way by Sir Walter Mildmay in his Foundation of the Chappel of Emmanuel Colledg 1585. Who being a great favourer of the Puritan Faction gave order for this Chappel to stand North and South and thereby gave example unto others to affect the like Which brings into my mind a Project of Tiberius Gracchus one of the most Seditious of the Roman Tribunes for transferring the Supreme Power of the Commonwealth from the Lords of the Senate to the People For whereas formerly all Orators in the Publick Assemblies used to address their Speeches to the Lords of the Senate as the Supreme Magistrates this Gracchus turned his face to the common people and by that Artifice saith Plutarch transferred unto them the Supreme Majesty of the Roman Empire without Noise or Tumult 37. But it is now time to look back towards Scotland where we left them at their highest and the poor King so fettered or intangled by his own Concessions that he was not able to act any thing in the Kirk and very little in the State He had not very well digested their Refusal to subscribe to His Articles mentioned in the close of the former Book when he held an Assembly at Dundee in the end of April 1593 at what time the King being well informed of the low condition of the English Puritans sent Sir Iames Melvin to them with these two Articles amongst many others In the first of which it was declared That He would not suffer the Priviledg and Honour of his Crown to be diminished and Assemblies to be made when and where they pleased therefore willed them before the dissolution of the present Assembly to send two or three of their number by whom they should know His mind touching the time and place of the next Meeting And in the second it was required That an Act should be made inhibiting Ministers to declaim in the Pulpit against the proceedings of His Majesty and the Lords of His Council which He conceived He had good reason to desire in regard that His Majesty's good intentions were well known to themselves for maintaining Religion and Justice and of the easie access that divers of the Ministry had unto Him by whom they might signifie their Complaints and Grievances To the first of which two Articles they returned this Answer That in their Meetings they would follow the Act of Parliament made by Him in the year preceding And to the second they replyed That they had made an Act prohibiting all Ministers to utter in the Pulpit any rash or irreverent speeches against His Majesty or His Council but to give their Admonitions upon just and necessary Causes in fear love and reverence Which seeming to the King to serve then rather for a colour to excuse their Factiousness than to lay any just restraint upon it He turned a deaf Ear to their Petitions as well concerning his proceeding with the Popish Lords as against the erecting of Tythes into Temporall Lordships In this Assembly also they passed an Act prohibiting all such as professed Religion to traffick in any part of the Dominions of the King of Spain where the Inquisition was in force And this to be observed under the pain of Excommunication till His Majesty could obtain a free Trade for them without fear of any danger to their Goods or Consciences Which being complained of to the King and by Him looked upon as an Intrenchment upon the Royal Prerogative the Merchants were encouraged to proceed as formerly In opposition whereunto the Ministers fulminate their Censures till the Merchants generally made offer to forbear that Trade as soon as their Accounts were made and that their Creditors in those parts had discharged their Debts They pass'd another Order also in the said Assembly for putting down the Monday's Market in the City of Edenborough under pretence that the Sabbath was thereby prophaned Which so displeased the Shoo-makers and other Artificers that they came tumultuously to the Ministers Houses and threatned to turn them out of the City without more ado if ever that Act were put into execution For fear whereof that Project was dashed for ever after and thereby an occasion given unto the Court to affirm this of them That Rascals and Sowters could obtain that at the Ministers hands which the King was not able to do in matters far more just and reasonable To such audaciousness were they grown upon the filly confidence of their own establishment as to put limits upon Trade dispose of Markets and prostitute both King and Council to the lust of their Preachers
time thereof For a preparative whereunto and to satisfie the importunity and expectation of their Brethren of Scotland they attaint the Arch-bishop of High Treason in the House of Commons and pass their Bill by Ordinance in the House of Peers in which no more than seven Lords did concur to the Sentence but being sentenced howsoever by the malice of the Presbyterians both Scots and English he was brought to act the last part of his Tragedy on the 10th of Ianuary as shall be told at large in another place This could presage no good success to the following Treaty For though Covenants sometimes may be writ in blood yet I find no such way for commencing Treaties And to say truth the King's Commissioners soon found what they were to trust to For having condescended to accompany the Commissioners from the Houses of Parliament and to be present at a Sermon preached by one of their Chaplains on the first day of the meeting they found what little hopes they had of a good conclusion The Preacher's Name was Love a Welsh-man and one of the most fiery Presbyters in all the Pack In whose Sermon there were many passages very scandalous to His Majesty's Person and derogatory to His Honour stirring up the people against the Treaty and incensing them against the King's Commissioners telling them That they came with hearts full of Blood and that there was as great a distance betwixt the Treaty and Peace as there was between Heaven and Hell Of this the Oxon Lords complained but could obtain no reparation for the King or themselves though afterwards Cromwel paid the debt and brought him to the Scaffold when he least looked for it 44. But notwithstanding these presages of no good success the King's Commissioners begin the long-wisht-for Treaty which is reduced to these three Heads viz. Concernments of the Church The Power of the Militia and the Warr of Ireland In reference to the first for of the other two I shall take no notice His Majesty was pleased to condescend to these particulars that is to say 1. That freedom be left to all persons whatsoever in matters of Ceremony and that all the penalties of the Laws and Canons which enjoin those Ceremonies be suspended 2. That the Bishops should exercise no act of Iurisdiction or Ordination without the consent and counsel of the Presbyters who shall be chosen by the Clergy of each Diocess out of the gravest and most learned men amongst themselves 3. That the Bishop shall be constantly resident in his Diocess except he be required to attend His Majesty and shall preach every Sunday in some Church or other within the Diocess if he be not hindred either by old age or sickness 4. That Ordination shall be publick and in solemn manner and none to be admitted into Holy Orders but such as are well qualified and approved of by the Rural Presbyters 5. That an improvement be made of all such Vicaridges as belonged to Bishops Deans and Chapters the said improvement to be made out of Impropriations and confirmed by Parliament 6. That from thenceforth no man should hold two Churches with Cure of Souls And 7. That One hundred thousand pound should be forthwith raised out of the Lands belonging to the Bishops and Cathedral Churches towards the satisfaction of the Publick Debts An Offer was also made for regulating the Jurisdiction of Ecclesiastical Courts in Causes Testamentary Decimal and Matrimonial for rectifying some Abuses in the exercise of Excommunication for moderating the excessive Fees of the Bishops Officers and ordering their Visitations to the best advantage of the Church and all this to be done by consent of Parliament 45. His Majesty also offered them the Militia for the space of three years which might afford them time enough to settle the Affairs of the Kingdom had they been so pleased and to associate the Houses with Him in the Warr of Ireland but so as not to be excluded from His Care of that People But these Proposals did not satisfie the Puritan English much less the Presbyterian Scots who were joined in that Treaty They were resolved upon the abolition of Episcopacy both Root and Branch of having the Militia for Seven years absolutely and afterwards to be disposed of as the King and the Houses could agree and finally of exercising such an unlimited power in the Warr of Ireland that the King should neither be able to grant a Cessation or to make a Peace or to show mercy unto any of that people on their due submission And from the rigour of these terms they were not to be drawn by the King's Commissioners which rendred the whole Treaty fruitless and frustrated the expectation of all Loyal Subjects who languished under the calamity of this woful Warr. For as the Treaty cooled so the Warr grew hotter managed for the most part by the same Hands but by different Heads Concerning which we are to know That not long after the beginning of this everlasting Parliament the Puritan Faction became subdivided into Presbyterians and Independents And at the first the Presbyterians carried all before them both in Camp and Council But growing jealous at the last of the Earl of Essex whose late miscarriage in the West was looked on as a Plot to betray his Army they suffered him to be wormed out of his Commission and gave the chief Command of all to Sir Thomas Fairfax with whose good Services and Affections they were well acquainted To him they joined Lieutenant General Oliver Cromwell who from a private Captain had obtained to be Lieutenant to the Earl of Manchester in the associated Counties as they commonly called them and having done good Service in the Battel of Marston-moor was thought the fittest man to conduct their Forces And on the other side the Earl of Brentford but better known by the Name of General Ruthuen who had commanded the King's Army since the Fight at Edg-hill was outed of his Place by a Court-Contrivement and that Command conferred upon Prince Rupert the King's Sisters Son not long before made Duke of Cumberland and Earl of Holderness 46. By these new Generals the Fortune of the Warr and consequently the Fate of the Kingdom which depended on it came to be decided And at the first the King seemed to have much the better by the taking of Leicester though afterwards it turned to his disadvantage For many of the Soldiers being loaded with the Spoil of the place withdrew themselves for the disposing of their Booty and came not back unto the Army till it was too late News also came that Fairfax with his Army had laid siege to Oxon which moved the King to return back as far as Daventry there to expect the re-assembling of his scattered Companies Which hapning as Fairfax had desired he marcht hastily after him with an intent to give him Battel on the first opportunity In which he was confirmed by two great Advantages first by the seasonable coming of Cromwel with