only 18 What are the matters belonging to the jurisdiction of the Presbytery which may not be entreated in particular Sessions 19 What form of processe in libelling and citation what terms and diets and what probations should be used before the said particular Sessions and Presbyteries respective 20 What matters should the Synodall Assemblies treat upon which may not be decided in Presbyteries 21 Should not all who have voice in Presbyteries and in the particular Sessions have voice in the Synodall Assemblies 22 Should each University or College or every Master or Regent within Colleges have voice in Presbyteries and Synods the Towns and Countreys where they are as likewise what form of voice should they have in Generall Assemblies 23 Is it lawfull to convocate the Generall Assembly without his Majesties licence he being pius Christianus Magistratus 24 Is it necessary that the Generall Assembly should be ordinarily convened for weighty causes concerning the whole Church 25 Have not all men of good Religion and learning voice in the Generall Assembly 26 Is every particular Pastor obliged to repair to the Generall Assembly or is it sufficient that only Commissioners come from every particular Session Presbytery or Synodall 27 Who should chuse the Commissioners to come from every Shire to give voice in the Generally Assembly 28 What is the number of those that give voices which is necessary to the lawfulness of a Generall Assembly and how many of the number should be Pastors and how many other men 29 May any thing be enacted in the Assembly to which his Majesty consents not 30 Is it necessary that the twe part of them who have jus suffragii should consent to any things decerned in Ecclesiastick judgments that matters passe not by one voice mo or lesse 31 Hath not every judgment inferior to the Generall Assembly a Territory limited without the which they have no power of citation or jurisdiction 32 What is the ordinary Ecclesiastick judgment for his Majesties houshold and Councell removable with his Majesty to any part of the Realm 33 Should there be libelled precepts containing the cause of the citation and certification of the Censures before all Ecclesiastick judgments or should they answer super inquirendis 34 Have the Inferiour Judgments power to summon any to compeir before the Superiour or should men be summoned only by the authority of that Judgment before which they ought to compeir 35 Is it not necessary that private admonitions with reasonable intervalls of time passe before all manner of Citations 36 What intervall of time is necessary between every private admonition and between the first Citation and the day of Compeirance and betwixt the Citation and the last admonition in every one of the said Judgments 37 How many citations should inferre contumacie 38 Is simple contumacie without probation of a crime or is any crime without contumacie a sufficient cause of Excommunication 39 Are there not divers kindes of Censures such as prohibitio privati convictus interdictio à coena not published to the people and last of all publica traditio Satanae 40 Should the Presbyteries be Judges of all things that import slander and if so be whereof are they not Judges 41 Can Excommunication be used against thieves murtherers usurers and not payers of their debts and if so it may be why are not the Highland and Border-thieves cursed as also all the forswearing merchants and usurers amongst the Burroughs 42 Is there any appellation from the Inferiour to the Superiour Judgment and is not the sentence suspended during the appellation 43 Should not all Processes and Acts be extracted to parties having interesse 44 Is summary Excommunication lawfull in any case without admonition and citation preceding 45 Have any others but Pastors voice in Excommunication 46 Hath every Ecclesiasticall Judgment a like power to excommunicate 47 Is it lawfull to excommunicate such Papists as never professed our Religion 48 A woman being excommunicated having a faithfull husband should he thereafter abstain from her company 49 Is it not reasonable that before any Letters of horning be granted by the Session upon the processe of excommunication that the partie should be cited to hear them granted 50 Hath not a Christian King power to annull a notorious unjust sentence of excommunication 51 May any Councell or University be excommunicated for what cause by whom and the manner thereof 52 When the Pastors doe not their duties or when one Jurisdiction usurpeth upon another or any other Schisme falleth out should not a Christian King amend such disorders 53 May Fasts for generall causes be proclaimed without a Christian Kings command 54 May any Ecclesiasticall judgment compell a man to swear in suam turpitudinem 55 Should there any thing be entreated in the Ecclesiasticall judgment prejudiciall to the Civil jurisdiction or private mens rights and may not the Civil Magistrates stay all such proceedings How soon these Questions were divulged and that it s seen they all touched upon the abuses crept into the discipline the Ministers that stood affected to the present order were much perplexed neither did any thing more offend them then that the government should be brought in dispute which they had given out alwaies to be a part of the Gospel This at any hand they thought was to be prevented and many private Conferences were kept to this purpose neither did the King neglect to provide himself of a party against that meeting and thinking he should gain most easily the Ministers in the North parts he employed Sir Patrick Murray Gentleman of his Chamber to deal with them giving him direction first to shew what a slander the Ministers of Edinburgh had brought upon Religion by stirring up of the late uproar and the inciting of the Lord Hamilton and others of the Nobility to open Rebellion against him how for the same they were become Fugitives and denounced his Majesties Rebells and thereupon to desire them by some publick Act or Declaration to utter their dislike of the seditious and treasonable courses He was next desired to urge their subscription to the Bond which was appointed to be subscribed by the Ministers for acknowledging his Majesties Royall power above them in all causes of sedition treason and other civill and criminall matters and in all speeches uttered by them in Pulpits Schools or otherwise which might import the said crimes or any of them 3ly To require them to accept the Earl of Huntley his offers for satisfying the Church and to absolve him from his Excommunication they finding his offers reasonable seeing the bosome of the Church ought alwaies to be open to penitents and that they should be more ready to receive then cast out wherefore as the Presbytery of S. Andrewes to the which he was not subject had pronounced him excommunicate they under whose jurisdiction he lived might and ought with better reason declare him absolved Neither should the pretext of the Generall Assemblies ratification of
new business in September complained to the Councell of the disobedience given to their charge order was taken hereupon to summon them before the Councell and a beginning made with the two Leaders of the rest Mr. Forbes and Mr. Welch being charged to a certain day of the same moneth They appeared and standing to the defence of that which they had done were committed to the Castle of Blackness direction was likewise given for citing the rest to the third of October At the day all appeared and being charged for disobeying his Majesties letter thirteen of the number acknowledging their offence and protesting that what they did was not out of disobedience intreated the Lords to intercede with his Majesty for their Pardon the rest taking contrary course and maintaining their proceedings were Committed to severall prisoners their names were Mr. Charles Farum Mr. Iohn Monro Mr. Iames Irwyn Mr. William Forbes Mr. Nathaniell Inglis Mr. Andrew Duncan Mr. Iames Grey and Mr. Iohn Sharp Some of these being sent to Dunbarton others to Blackness and some to the Castle of Down the others that had confessed their offence were dimitted suffered to return to their charges These proceedings of the Councell were openly condemned by divers preachers and to make them more odious it was every where given out that the suppressing of Assemblies and present discipline with the introduction of the rites of England were the matters intended to be established whereupon the declaration following was by his Majesties command published Whereas we have ever since it pleased God to establish us in the imperiall Crown of great Britain equally regarded the good of both kingdomes now happily united in our royall person in one Monarchy ever minding to maintain and continue the good and laudable customes and laws whereby each of them hath been these many ages so worthily governed nevertheless some malicious spirits enemies to common tranquillity have laboured to possesse the mindes of our well affected subjects with an opinion that we do presently intend a change of the authorized discipline of the Church and by a suddain and unseasonable laying on of the rites ceremonies and whole Ecclesiasticall order established in this part of our kingdome of Britaine to overturn the former government received in these parts which none of our good subjects we trust will be so credulous to believe knowing how carefull we have been to maintain both Religion and Justice and to reform the evills that did in any sort prejudice the integrity of either of the two whereby justice hath attained under our government to a greater perfection and splendor then in any of our predecessors times and many abuses and corruptions in the discipline of the Church amended that otherwise might have brought the purity of Religion in extreme danger neither of which was done by our soveraign and absolute authority although we enjoy the same as freely as any King or Monarch of the world but as the disease of the civill body ever was cured by the advise of our three Estates so were the defects of the Church by the help and counsell of those that had greatest interest therein And however in rule of policy we cannot but judge it convenient that two estates so miserably disjoyned should be drawn to as great conformity in all things as the good of both may permit and that no Monarchy either in Civill or Ecclesiasticall policy hath yet obtained to that perfection that it needs no reformation or that infinite occasions may not arise whereupon wise Princes will foresee for the benefit of their estates just cause of alteration yet are we and ever have been resolved not to make any suddain and hasty change in the government of that part of our kingdome either Civill or Ecclesiasticall but with grave advise and consent of our Estates and the wisest and best sort of them whom it most properly concerns much less to trouble them with an unnecessary alteration of indifferent and ceremoniall matters and to do it upon such foreseen advantages and prevention of confusion and evill to come as the greatest enemies to peace and obedience to Princes shall not obtrude any inconvenient to the contrary And as by Gods holy assistance we have drawn that part of our kingdome out of infinite troubles factions and barbarities reducing the utmost borders and confines thereof to Gods obedience and acknowledging of our laws a condition never heard of since this Isle was first inhabited so by the same divine providence and our fatherly care over the whole Island we intend to transmit the same in good order happy quietness and flourishing policy to the posterity wherewith God hath blessed us and after them to the worlds end Like as for the more verification of his own honourable intention and to stop the mouths of those unquiet spirits raisers of that false scandall of alteration we have appointed a generall Assembly to be holden at Dundie the last Tuesday of Iuly whereat we expect a reparation of these disorders in as farre as belongeth to their censure and to be freed in time coming of all such calumnies Given at our Honour of Hampton Court the 26 of September 1605 and in the third year of our reign of Great Britain France and Ireland The Copies of this Declaration were sent to the Ministers remaining in ward that they might see the vanity of these rumors and be induced to acknowledge their offence but they still continuing in their obstinacy and shewing no tokens of penitency were again called before the Councell the 24th of October to receive their censure for the disobedience of his Majesties commandements At which time being enquired what they had to say for themselves and how they could excuse the contempt of his Majesties directions after some speeches tending to justifie their doings they presented a write a Declaration formed in this sort Please your Lordships the approbation or disallowance of a Generall Assembly hath been and should be a matter spiritual and alwaies cognosced and judged by the Church as Iudges competent within this Realm and seeing we are called before your Lordships to hear and see it found and declared that we have contemptuously and seditiously convened and assembled our selves in a Generall Assembly at Aberdene the first Tuesday of Julyâ—ast â—ast and the said Assembly to be declared unlawfull as at more length is contained in the summons executed against us We in consideration of the premises and other reasons to be given by us have just cause to decline your Lordships judgment as no waies competent in the cause above specified and by these presents we simpliciter decline the same seeing we are most willing to submit our selves to a triall of a Generall Assembly that is only the Iudge competent Subscribed with our hands the 24th of October 1605. The subscribers were Mr. Iohn Forbes Mr. Iohn Welch Mr. Iohn Monro Mr. Andrew Duncan Mr. Alexander Straghan Mr. Iames Greg Mr. William
Apostle St. Andrew stood by him and assured him of the victory which vision being related to the Army did much encourage them The History addeth that in the joyning of the battel there appeared in the aire a Crosse in form of the letter X which so terrified the enemies as presently they gave back King Athelstane was himself there killed whereupon the Village took the name which at this day it enjoyeth of Athelstan Foord Hungus to expresse his thankfulnesse for the victory gave to the Church of Regulus now called St. Andrews divers rich gifts as Chalices Basons the Image of Christ in gold and of his twelve Apostles in silver He gave likewise a case of beaten gold for preserving the Reliques of S. Andrew and restored to the Spirituality the tithes of all cornes cattel and herbage within the Realm exempting them from answering before any temporal Judge Further he did appoint the Crosse of St. Andrew to be the badge and cognisance of the Picts both in their warres and otherwise which as long as that Kingdom stood was observed as is by the Scots as yet retained But all this was spoiled as we said by Feredeth the third in succession from Hungus after which time nothing prospered either with him or with that people For the line masculine of their Kings failing Alpin the son of Achaius did claim the Crown as next in blood by vertue of an old Covenant betwixt the Scots and Picts the Picts refusing to accept him being a stranger made choice of this Feredeth whom we named and thereupon warre was denounced The first encounter was at Restennoth in Angus where in a cruel fight which continued from the morning untill night Feredeth was killed his son Brudeus who succeeded was made away by the Picts themselves in the first year of his reign and Kenneth his brother that succeeded to him came to the like unfortunate end After Kenneth another called Brudeus was elected King and he in a battel fought not farre from Dundy took King Alpin and many of his Nobles prisoners which victory he used most foully putting all the Nobles to death killing the King and causing his head to be set upon a pole in Abernethy or as others write in the city of Camelon The Picts upon this victory supposing that they had utterly broken the courage of the Scots did purpose nothing lesse then their extermination which after the death of Brudeus his brother Drusken that succeeded went earnestly about But Kenneth the second the son of Alpin a Prince of a brave and heroick spirit pursued so hotly the revenge of his fathers death as having defeated the Picts in divers battels he drave them all in the end forth of the Kingdom and united that Crown to his own of Scotland This Kenneth was a most wise and valiant King and so circumspect in his businesse that from that time forth none of the Picts were ever heard to resume the title of a King The countreys which they inhabited he divided amongst the Nobles and others whose labours in these warres had merited a recompence He established good and wholesome Lawes To the Church he gave another face and a greater outward splendour then the former ages had seen translating the Episcopal See which whilest the Pictish Kingdom stood was setled in Abernethy to the Church of St. Reul and ordaining it from thenceforth to be called The Church of S. Andrews and the Bishop thereof Maximus Scotorum Episcopus The principal Bishop of Scotland Churches Chappels and Oratories with their Priests and all sorts of religious men he caused to be held in great reverence and in a word did so nobly perform all actions both a Warre and Peace as he may rightly be placed amongst the best Kings and reckoned the third Founder of the Scottish Monarchy THE HISTORY of the CHURCH OF SCOTLAND THE SECOND BOOK The Contents The Succession of Bishops in the several Sees of this Kingdome especially in the See of Saint ANDREVVS with other principal things that happened in their times HAving made a collection of such things as I found dispersed in stories and warranted in any sort for the first six hundred years of our Church and being now come to the time wherein this Church by enlarging of the Kingdom received a further extention in bounds and therewith an addition of more wealth and state I will as beginning with a new accompt follow the story therof by the succession of Bishops especially in the See of Saint Andrewes upon which the rest did depend The first Bishop who fate in this See was Adrian killed by the Danes in the Isle of May in the year 872. with Stolbrandus a Bishop Monanus an Archdeacon Glodianus a Presbyter and a number of other Churchmen who fled thither for their safety Whilest this Bishop lived Constantine the second the son of Kenneth did keep a convention in Scone for reforming the disorders which the loose and dissolute government of his predecessour Donald the first had caused In that convention beginning was made at the Clergy and concerning them it was ordained That they should reside upon their charges and have no medling with secular businesse That they should instruct the people diligently and be good ensamples in their conversation That they should not keep Hawks Hounds or Horses for pleasure That they should carry no weapons nor be pleaders of civil causes but live contented with their own provisions And if they were tried to transgresse in any of these points that for the first fault they should be fined in a pecuniary mulct and for the second deprived from their office and living Thus was it not held in that time a diminution of Ecclesiastical authority for Princes to give Lawes to the Clergy and to punish them if they were found guilty of any offence or crime Divers other statutes for redressing abuses crept into the Realme were then also concluded as That drunkennesse should be punished with death that none should eat above one meal a day nor accustome themselves to lye softly or use any recreations but such as might inure them to sufferance and labour Whereby that good King did banish all riot and luxury and in a short time brought the Kingdom again to a flourishing estate But the Danes as we said invaded the countrey and practising many cruelties whilest he did pursue them who had entrenched themselves not farre from the Town of Carrail he was unfortunately with all his Army overthrowne and being taken prisoner the day following beheaded at the mouth of a little cave which in detestation of that fact is to this day called The Devils Cave 2. Unto Bishop Adrian succeeded Kellach how long he lived I finde not 3. After him Malisius governed the See by the space of eight years This Bishop had the happinesse to live under Gregory called the Great a King indued with all the vertues that can be wished for or
desired in a King The priviledges and immunities granted by him to the Church do witnesse his piety for in a convention held at Forfare by an unanime consent of his Estates he ordained That all Priests should from thenceforth be exempted from paying tribute keeping watch and going in warfare That they should not be drawne before temporal Judges for any civil cause but that all matters concerning them should be decided by their Bishops the judgement of Matrimonial causes right of Tithes Testaments Legislatory actions and all things depending upon simple faith and promise should be committed to the Bishops with power to them to make Canons and constitutions Ecclesiastical to try hereticks blasphemers perjured persons and Magicians and censure such as they did finde delinquent in that kind And that all Kings succeeding should at the time of their coronation take oath for maintaining the Church in their liberties These favours had the Clergy in the following ages used with that moderation and equity which they ought we should not have seen nor felt the interruptions that have been made upon Church liberties with the incroachments which in our time have been justly complained of In this time lived that famous Scholar Ioannes Scotus called Aerigena from the place of his birth which was the town of Aire in the West parts of Scotland This man being very young went to Athens and followed his studies there some years attained to great perfection in the Greek Chaldaick and Arabick languages Returning afterward to France at the request of Carolus Calvus he translated in Laetine the work of Dionysius de coelesti Hierarchia at which Pope Nicolaus took exception and wrote to King Charles on this manner Relatum est Apostolatui nostro quòd opus Dionysii Arepagitae quod de divinis nominibus vel coelestibus ordinibus Graeco descripit eloquio quidam vir Joannes genere Scotus in Latinum transtulit quod juxta morem nobis mitti nostro debuit judicio approbari praesertim cùm idem Joannes licèt multae scientiae esse praedicetur olim non sanus in quibusdam frequenti rumore dicatur We have been informed that one called Iohn of the Scottish nation hath translated the work which Dionysius the Areopagite did write of the names of God or of the heavenly Orders into the Latine tongue which book ought according to the custome have been sent to us and approved by our judgement especially since the said Iohn albeit he be esteemed of good learning hath been of long time held to be unsound in certain points of doctrine Now the point which the Pope did chiefly quarrel was his opinion of the Sacrament for he had published a Treatise De corpore sanguine Domini wherein he maintained Bertram his doctrine of that point Scotus having knowledge of this and thinking he could not be safe in those parts because of the Popes dislike came into Britain and was welcomed by King Alfred a great favourer of learned men by whom he was employed to teach the languages at Malmsbury Abbey and by some Scholars who could not indure the severity of discipline was stabbed to death in the year 884. and buried in the same Abbey 4. Bishop Malisius dying Kellach the second the son of one Ferlegus succeeded in his place he was the first Bishop of this Kingdom that went to Rome to seek confirmation and lived to a great age for he sate Bishop 35. years In his time Constantine the third King of that name wearied with the troubles of a publick life renounced his temporal dignity and betook himself to solitude among the Culdees in St. Andrews with whom he spent his last five years and there died After this Killach these successively were Bishops 5. Malmore 6. Malisius the second 7. Alwinus who fate three years only 8. Maldwin the son of Gillander and 9. Tuthaldus In this time the coelibate of the Clergy was violently urged and married Priests thrust from their livings which raised great stirres in the Church but the particulars are not recorded nor the broyles which thereupon insued I read in the Antiquities of the Britannick Church that in the year 977. a Councel was gathered at Calne in Wiltshire for that businesse to which Beornellus a Bishop of Scotland was called by Alfrithe the widow of King Edgar who favoured the cause of married Priests This Bishop a man of great learning and eloquence is said to have defended the conjugal life of Priests by solid reasons taken out of Scripture and to have put all the opposites to silence But Dunstane the Archbishop who presided in that Councel when he saw that reason could not bear out the earand fell a threatning and said that notwithstanding all their arguments they should not carry away the victory which he had no sooner spoken then the beames of the house wherein they sate at Councel bursting asunder all were overturned and fell headlong to the ground many were bruised and some killed with the fall Dunstan himself only escaped without harm the beam whereon he stood remaining whole and entire Such as favoured the cause of Monks did interpret this accident to be a sentence given by God on their side others said that Dunstan had wrought this mischief by sorcery for many supposed him to be a Magician However it was the married Priests though repining were forced indeed to yield and submit themselves What became of Beornellus I read not nor whether he returned to his countrey The names of some other Bishops we have who were in good accompt at that time such as Blaanus Englatius Colmocus and Moveanus Confessor to King Kenneth the third a wise and valiant King and one who might have been reckoned amongst the best Princes if about his latter end he had not stained his fame with the murther of Malcolm his Nephew whom he made away by poyson but the ambitious desire he had to settle the succession in his own posterity let him to work this villany which he carried in so covert a manner as no man did once suspect him thereof the opinion of his integrity being universally great but as wicked facts can never be assured though possible they may be concealed his mind was never after that time quiet the conscience of the crime vexing him day and night with continual fears In end whether it was so in effect or if his perplexed minde did form the self such an imagination whilest he lay asleep he heard a voyce speaking to him in this sort Doest thou think that the death of Malcolm that innocent Prince treacherously murthered by thee is hidden from me or that thou shalt passe any longer unpunished No there is a plot laid for thy life which thou shalt not escape and whereas thou didst think to transmit the Crown firm and stable to thy posterity thou shalt leave the Kingdom broken distracted and full of trouble The King awaked with the voyce was
tongue a testimony of his learning docilitie age and parentage Those that have bin taught the Dialectick shall be examined by the Rector and Principalls and being found to have profited therein shall be promoved to the Classe of the Mathematicks None shall be admitted to the Classe of Medicine but he that shall be known to have spent his time well in Dialectick Mathematick and Physick and shall have a testimoniall of his docilitie in the last None admitted to the Classe of Laws but he that shall have a testimoniall of his time well spent in Dialectick Mathematick Ethick O Economicks Politicks and of his docilitie in the last And to the Classe of Divines they onely shall be admitted that bring a sufficient Testimoniall of their time well spent in Dialectick Mathematick Physick Ethick O Economick and Politick Philosophy the knowledge of the Hebrew tongue and of his docility in Divinity Such as will apply themselves to hear the Laws shall not be compelled to hear Medicine neither shall such as apply themselves to hear Divinity be compelled either to hear Medicine or the Laws The second University at Glasgow shall have two Colledges In the first whereof shall be three Classes one for Dialectick another for Mathematick and a third for Physick And in the second Colledge shall be four Classes one for morall Philosophie Ethicks O Economicks and Politicks another for the Municipall and Romane Laws the third for the Hebrew tongue and the last for Divinity to be ordered according to the University of St. Andrews The third Universitie at Aberdene shall be conform to the University of Glasgow in all points Unto every Colledge there must be elected forth of the body of the University a Principall who must be a man of learning discretion and diligence he shall receive the whole rents of the Colledge and distribute the same according to the erection of the Colledge adjoyning to himself weekly one of the Professors he shall hearken dayly the Diet compts and oversee the policy and buildings of the house attend that the Professors be diligent in their severall readings to the youth and shall weekly keep a meeting with the whole Members of the Colledge for punishment of faults that shall happen to be committed and shall yearly be countable to the superintendent Rector and rest of the Principalls who shall convene to that effect the first of November The election of the Principall shall be in this sort within eight dayes after the place falleth void the members of the Colledge being sworn to follow their conscience shall nominate three of the most sufficient men of the University not being Principalls already who shall be publickly propounded through the whole University This done the Superintendent by himself or his speciall Procurators with the Rector and the rest of the Principalls shall convene within eight dayes after and choose one of the three whom they think most sufficient being sworn before to do the same without favor or partiall affection There shall be in every Colledge a Steward Cook Gardiner and Porter who shall be subject to the Principall as are the rest Every Vniversity shall have a Beddale who shall be subject to serve at all times the Vniversity at the direction of the Rector and Principall There shall likewise a Rector be chosen in every Vniversity from year to year on this manner The Principalls of the Colledges with the whole Regents chapterly convened shall be sworn to nominate every man speaking in his own room such a one as in his conscience he thinketh to be most sufficient for that charge and dignity and of those who shall be most often nominated there shall be put in lite 15. dayes before Michaelmas and upon the eve of Michaelmas the whole Principals Regents and Supposts graduated or who have studied the Ethicks O Economicks and Politicks and no others every nation having protested to follow the Dictate of their own Conscience shall nominate one of the said three and he unto whom most voices are given shall be confirmed by the Superintendent and Principals who shall take his oath for lawfull administration and the oath of the rest of the Vniversitie for their submission and obedience after which he shall put on a new garment and be presented to the Vniversitie Insignia Magistratus being born before him monethly he shall visit every Colledge and trie how the exercises of Reading be kept his assessours shall be a Lawyer and Theologue by whose advice he shall decide all Civill questions betwixt the Members of the Universitie If any without the Universitie pursue a Member thereof or be pursued by any Member of the same he shall assist the Provost and Bailies and other Judges competent to see justice ministred and that as well in civill as criminall causes We think it expedient that in every Colledge of the whole Universities there be 24. Bursars divided equally in the Classes above specified that is in St. Andrewes 72. Bursars in Glasgow 48. in Aberdene as many these shall be sustained onely in meat upon the charges of the Colledge and not be admitted but upon triall taken by the Ministerie of the Town and Principalls of the Universitie as well touching their own docility as if their parents be able to entertain them or not Of Stipends and the expences nâ—cessary The summes needfull for the ordinary charges we judge may be as followeth Imprimis for the stipend of the Professors of Dialectick Mathematick Physick and Morall Philosophy for each of those 100l Item for the Professor of Medicine and Lawes 200. marks Item to the Reader of the Hebrew and Greek tongues and Divinity 200l Item to every Principall 200l Item to every Steward for his fee 16l Item to every Gardiner Cook and Porter 10. marks Item to the sustentation of every Bursar that is not in the Classe of Theologie or Medicine 20l. Item to the Bursars in these Classes 24l Summa of the yearly and ordinary expences in the Universitie of St. Andrewes extendeth to 3796l summa of the yearly and ordinary expences of Glasgow extends to 2922l Summa of Aberdene 2922l Summa of the whole ordinary charges is 9640l For the payment of these summes we think the Temporalties of Bishopricks and Churches Collegiat ought to be destinated so farre at least as the same charges do require The Beddale shall have for his stipend 2s of every Intrant and Suppost of the Universitie of every Graduate in Philosophy 3s of the Graduate in Medicine 4s and 5s of the Graduate in Theology Bursars in these studies only excepted For upholding the fabrick this order would be taken that every Earls son at his entry shall give 40s with so much at his graduation Every Lords son 30s The son of a Baron 20s the son of a Burgess or substantious Gentleman 10s and the sons of all others Bursars excepted 5s These moneys being collected shall be put in a common box and committed to the keeping of the Principall and upon
the family should use Common-Prayers at morning and night Of the exercise of Prophesying or Interpretation of the Scriptures It was a custome in the Church of Corinth at some times when they did assemble and meet together to read a place of Scripture whereupon one first gave his judgement for the instruction and consolation of the Auditors after whom another did either confirm what the former had said or adde that which he had omitted or correct and explain more properly the place or text Liberty was also given to a third man to speak if the whole truth had not been revealed by the former and above the number of three it seemeth none were allowed to speak as we reade in the 1 Cor. 14. 29. where we have these words Let the Prophets speak two or three and let the other judge And if any thing be revealed to another that sitteth by let the first hold his peace for ye may all prophesie one by one that all may learn and all may have comfort And the Spirits of the Prophets are subject to the Prophets This exercise we think to be most necessary for the Church this day in Scotland because thereby the Church may have triall of the knowledge gifts and utterance of every man within their own body The simple and those who have somewhat profited shall be incouraged to proceed in their studies and the whole Church shall be edified every man that list to hear and learn being permitted to declare his mind and knowledge for the comfort of the rest But lest this exercise that is so profitable might turn into debate or strife these rules must be observed 1. All curious and unprofitable questions must be avoyded 2. All interpretations that are against the Analogy of faith and against charity or that seem to contain an open contradiction to other manifest places of Scripture are to be rejected 3. The interpreter may not take to himself the liberty of a Preacher although he be appointed and received a Minister but he must keep him to his text and not break out by digression into Common places 4. He may use no invectives in the exercise unlesse it be in confuting of heresies 5. He must be short in his admonitions and exhortations and spend the time allowed him in opening the mind of the holy Ghost in that place shewing the dependence of the Text and observing such notes as may edifie the auditor 6. Neither he that interpreteth or any of the Assembly ought to move any question in open audience which he doth not presently resolve without disputing with another but every man must shew his own judgement and utter it to the edification of the Church 7. If any be noted of curiosity or bringing in of strange doctrines he must be admonished by the Ministers and Elders after the interpretation is ended 8. The whole Ministers with those that are of the assembly ought to convene and judge how the persons have interpreted the text and how they have handled and intreated the matter during which time the person should be removed till every man hath given his censure After which the persons being called in they should be gently admonished of their escapes if any they have made and then should all questions and doubts be resolved amongst them without any contention The exercise would be kept in every town where Schools and repaire of learned men are upon a certain day of the week which together with the books of Scripture that they shall think most profitable to be intreated we referre to the judgement of the Ministers and Elders of the particular Church where they convene The Ministers to Landwart and Readers so as they have gift of interpretation lying within six miles of the Town must assist and be present at the exercise that either they may learn themselves or others may learn by them Moreover whosoever are esteemed to have any gifts that may edify the Church must be charged by the Ministers and Elders to joyn themselves with that company of interpreters to the end the Church may know whether they be able to serve in the vocation of the Ministery or not And if any be found disobedient and unwilling to communicate their gifts with their brethren the censures of the Church should be used against such providing that the consent and authority of the civil Magistrate be interrponed thereto for no man should be permitted to live as it pleaseth him within the Church but constrained to bestow their labours where it is thought they may serve to the edification of others Of Marriage Marriage ought not to be contracted amongst persons that lack judgement to choose Therefore we think that children and infants cannot be lawfully married in their lesse age that is if the man be within 13. years of age and the woman within 12. at least If any have been married within those years and kept their bodies pure and unconjoyned with others we think not that such can be compelled to adhere as man and wife by reason of any former promise but if after the years of judgement they have embraced one another by virtue of the last consent having ratified the promise made by others for them in their youth the same should be held as married persons Publick inhibitions should be made that no persons under the power and obedience of Fathers Tutors and Curators either men or women contract marriage privately and without the knowledge of those to whom they live subject under the power of the Church censure for if any son or daughter be moved towards a match they are obliged to ask the counsel and assistance of their parents for performing the same And though the Father notwithstanding their desires have no other cause then the common sort of men have to wit lack of money or because they are not perhaps of such a linage and birth as they require yet must not the parties make any Covenant till the Ministery or civil Magistrate be acquainted therewith and interpone their request for the Parents consent which if they cannot obtain finding no just cause why their marriage ought not to proceed in that case they sustaining the place of the Parent may consent to the parties and admit them to marry for the work of God ought not to be hindered by the corrupt affections of worldly men We call that the work of God when two hearts without filthinesse before committed are so joyned that they are content to live together in the holy band of matrimony If any commit fornication with the woman whom he requireth in marriage then both of them do lose the foresaid benefit as well of the Church as of the Magistrate for neither of them ought to be intercessors for filthy fornicators The Father or nearest friend whose daughter being a virgin is deflowred may by the law of God compell the man who hath done the injury to marry his daughter yet if the Father by reason of the offence will not
advancement of the Catholick Kings enterprises tending principally to that end and to another civil cause which had great affinity and conjunction with things at home in regard whereof he said that ever before his conversion he had been in his affection one of his friends and servitours and that Religion which was the greatest and most important cause of the world being now joyned to the other he was become altogether his This he did intreat his Highness to signify to his Catholick Majesty and to assure him that in Scotland he had not a more affectionate servant then himself The like he did professe to the Prince remitting his intentions to be more fully declared by him that should deliver the letters There went other Letters at the same time from the Earls of Huntley Crawford and Morton so did the Lord Maxwel style himself to the King of Spain wherein after they had expressed their great regrate for the disappointment of his preparations they said That if his Naval Army had visited them the same should have found no resistance in Scotland and with the support they would have made given enough to do to England but that it seemed the English Catholicks who had their refuge in Spain out of an unchristian enmity did extenuate the means of the Scottish aid to magnify their own and to have it thought that they were able to do all by themselves Therefore they prayed his Majesty to make such account of the one as he neglected not the other and to serve himself with them both to the ends he did aim at Then remitting to the Declaration of some of his own subjects who had been in those parts the commodity and advantage of landing an Army in Scotland they said That having 6000. men of his own countrey with money to levie as many more they might within six houres of their arrivall be well advanced in England to assist the forces that he should send thither and that the expence bestowed upon ane Galliass would profit more being so imployed then many of them put to Sea could do Withall they advised him not to make any more Armies by Sea but to send a part of his forces to Scotland and another by the back of Ireland toward England and so divide the English forces which should be partly attending at Sea partly employed in Scotland where they should believe all their forces to be landed A further Declaration hereof they remitted to Colonel Semple and so praying God to give him a full accomplishment of all his holy enterprises they took their leave Neither were the Jesuits that lurked in the countrey in this mean time idle of these the principals were Mr. Edmond Hay and Mr. William Creichton who had been prisoners some few moneths in the Tower of London They advising the Popish Lords to attempt somewhat by themselvus which would make the King of Spain more earnest to give succourse a plot was laid to take the King out of the Chancellor and Thesaurers hand by whose counsel they thought he was only ruled and that the pretence should be the neglect of the Nobility and the ill managing of publick affairs This way they hoped to procure the assistance of other Noblemen that were discontented and that no mention being made of Religion the countrey would be more cold in resisting their enterprise The time and place of meeting being condescended on Fintrie undertook to bring the Earle of Montrosse to the party and of Bothwell they held themselves assured as well for the malice he professed to the Queen of England as because in a conference with Bruce the Spanish Agent he had promised if he should assure him of the two Abbeys of Coldingham and Kelso which he possessed he should presently turn to their side To bring about this their purpose the device was that they should meet all at the quarrel holes betwixt Leth and Edinburgh and go from thence to Halirudhouse and settle themselves about the King secluding those two Counsellors or if they found them with the King that they should presently kill them But this device was overthrown by the Kings remaining in Edinburgh who suspecting some plots against the Chancellor did for his security stay in the same lodging with him Bothwel abode at that time in his house at Creichton and kept about him the souldiers that he had conduced pretending a journey to the Isles and the collecting of the Kings duties in those parts Crawford and Arrol came with their friendship to the North Ferry Montross saigned a visit of his Cousen Mr. Iohn Graham at Halyards some six miles from Edinburgh and upon advertisement that the King did keep lodging within the Town advanced no further But Huntley who resided then with his Lady at Dunfermlin presuming much of the Kings affection held on his way and in the evening on which they had appointed to meet came unexpected to the Kings lodging where he found him in conference with the Chancellor The King seeing him brack of his purpose askt whence he came and how he fell to be so late and from that falling into another discourse the Chancellor stept aside to the window Huntley had brought with him the Laird of Kinfawns brother to the Earl of Crawford and some of Arrols men that were esteemed of best courage and action These filling the presence and looking as men that had some purpose in hand the Chancellors friends began to suspect the worst whereupon the Laird of Ormeston Carmichael and the Provost of Linclowden drew nigh and stood by him after the King had talked a while with the Earl he retired to his Cabinet and staying somewhat longer then was expected the Chancellor asking the Usher if it was time of supper he answering that it was more then time then said he Let us go and with those three that kept fast by him passed forth of the Chamber and through the company that stood in the presence all of them making way to his own lodgings which were just above the Kings rooms How soon he came there he sent one to shew the King how unseemly it was to fill the presence with such companies and men armed as they were saying that he would not have permitted the same if he had been alone in the lodging nor have cast himself in such danger Presently the roomes were ushed and the Earl with his company went forth The next morning the King sent for him and at his coming began to examine wherefore he came to Town and why in that manner his answers not satisfying he was committed in the Castle By advertisement given the same day of the companies that were with Crawford and Arroll at the North Ferry and there dissolving the whole purpose was discovered whereupon the Earls of Arroll and Bothwel were cited to appear before the Councel and for their disobedience denounced Rebels Montrosse and Crawford were not called having excused themselves as it was
sick And being askt what words she used when she called the spirit she said her words was Holla Master and that he had learned her so to do She further confessed That the Earl Bothwel had moved her to enquire what should become of the King how long he should reign and what should happen after his death and that the spirit having undertaken to make away the King after he had failed in performing and was challenged by her confessed it was not in his power speaking words she understood not but as she did take them the words were I l ' est homme de dieu Richard Graham another notorious Sorcerer being apprehended at the same time made the like confession of Bothwel which was the cause of his committing in April following for such curiosities are not thought to possesse the mindes of those that wish well to their Princes and hath proved the cause of many mens ruine In the end of the year died Iohn Ereskin of Dun Superintendent of Angus and Mernis a man famous for the services performed to his Prince and Countrey and worthy to be remembred for his travels in the Church which out of zeal to the truth he undertook preaching and advancing it by all means Before the Reformation his house was to those who in that time were called Hereticks a special place of refuge afterwards such was the scarcity of Ministers that he took upon him the charge and was chosen with the first to have the oversight of the Churches in these North parts which he governed to his death most wisely and with great authority giving no way to the Novations introduced nor suffering them to take place within the bounds of his charge whilest he lived A Baron he was of good rank wise learned liberal of singular courage who for divers resemblances may well be said to have been another Ambrose he died the 12. of March in the 82. year of his Age leaving behind him a numerous posterity and of himself and his vertues a memory that shall never be forgotten Bothwel had not stayed above a moneth in Ward when seducing his keeper he made an escape and thereby increased the suspicion of his guiltinesse whereupon the King gave order to pronounce the doom of forfeiture against him according to the conviction passed in May 1589. and causing denounce him Traitor did inhibit by Proclamation all the subjects to intercommune or keep intelligence with him And lest the proceeding should have been thought too rigorous it was declared in the Proclamation that he being tender in blood to his Majesty and advanced by him to sundry honours and offices had out of his ungodly and unnatural humour after divers slaughters committed by him and overseen taken Armes against the King and practised with strangers for subversion of Religion and endangering his Majesties Crown whereof being convicted in a Justice Court holden in Edinburgh the 24. of May 1589. the doom and sentence was superseded in hope of his amendment And that notwithstanding all these favours he continued in his wicked course and heaping treason upon treason had now at last consulted with Witches and Negromancers for bereaving his Majesty of his life as was manifest by the confession of some that had already suffered and others yet alive who were shortly to be executed and for the same being committed in the Castle of Edinburgh he had broken Ward and thereby taken the crime upon him whereupon the doom which at that time was delayed being now pronounced his Majesty did will all his subjects to acknowledge him for no other but a Rebel and Traitor Bothwell taking the course of all Rebels which is to turn their malice against some about the King laid the blame of all upon the Chancellor and drew together some companies of men as intending to be revenged to him With him the Lord Hume and divers others did joyn but to little purpose for Hume upon better advice forsook him and submitted himself to the King and others following his example used their best means to obtain pardon so as Bothwell was compelled to flee into England with some few that went with him In the Assembly of the Church that convened this summer at Edinburgh fell out a great contest betwixt them and the Lords of Session upon this occasion Mr. Iohn Graham one of the Senators had intended in right of his wife an Action of removing against certain fewars of Halyeards within the Parish of Kirkliston and to bear out the plea suborned a Notary in Striveling called Robert Ramsay to give him forth an instrument that made for his purpose The defendants having offered to improve the instrument did in the mean time upon a private Warrant obtained from his Majesty apprehend the Notary who confessed that the Instrument which he subscribed was brought formed to him by William Graham brother to Mr. Iohn and that he knew nothing of the businesse and being pursued criminally was upon his confession condemned of falshood and executed to the death The pursuer as he was a man bold and impudent to maintain the truth of the instrument did intend Action against Mr. Patrick Simpson Minister at Striveling who had dealt with the Notary to bring him to a confession alledging that he had seduced the man and made him deny the instrument The Minister complaineth to the Assembly and thereupon Mr. Iohn Graham was summoned to answer for the scandal raised upon one of their members He compeiring answered That he would prove what he had alledged before the Iudge competent The Assembly replied That he must qualifie it before them otherwise they would censure him as a slanderer Hereupon was the Lord Provant President with the Lords of Culros and Barnbarrogh two of the Senators sent to desire the Assembly not to meddle in causes proper to their cognition especially in the cause depending before them at the instance of the Lord Halyeards so they styled him against Mr. Patrick Simpson The Assembly answered That what they did was no way hurtfull to the priviledges of Session nor were they minded to meddle in any Civill matter but in the purging of one of their own members they might proceed without the prejudice of the Civill judicatory therefore wished them not to take ill the Churches dealing in the triall of one of their own number The Lords dimitted with this answer Mr. Iohn Graham was called who excepted against the Judgement affirming the cause to be Civil and that the judgement thereof belonged to the Lords of Session primariò in regard the same was depending before them The Assembly repelling the declinatour found themselves Iudges in the cause therefore willed him to say what he could in his own defence otherwise they would give processe and minister Iustice. But he taking documents of their Interloquutor and protesting for remedy of law departed The Lords esteeming this an encroaching upon their priviledges and that upon such grounds all actions that
Archibald Campbell of Lochinzell his brother Iames Campbell Mackneill Baray and about 700 common-souldiers on Huntleys part besides his uncle Achindown 12 only were killed but many were hurt and wounded This fight happened on Thursday the 3 of October 1594 and is called by the Countrey people the battell of Glenlivat albeit it was fought on a hill three quarters of a mile distant The victory fell happily on Huntleys side for the Countrey people who should otherwise been miserably spoiled if Argile with his forces had prevailed The Lord Forbes with the Lairds of Bughan and Drumchat were advancing to assist Argile upon advertisement of his defeat and that he was turned back made after him thinking to perswade him return But by the way a gentleman of the name of Irwyn being killed by the shot of a Pistol in the dark of the night there entered such a distrust and jealousie amongst them none knowing who was the doer as presently they separated and went home The King had the news of Argiles defeat brought him to Dundee which made him hasten his journey to the North. The 16 of October he came to Aberdene where councell was taken for demolishing the houses of Strathbolgy Slains and Newton In this service the Earl of Marshall was imployed having some Companies of horse and foot allowed him till the same was accomplished Huntley and Arroll during that time did lurke in Sutherland thinking how soon the King returned Southto come back into their Countreys but the Duke of Lennox being left Lieutenant in those parts by the counsell and assistance of those that were appointed to attend him put them to such extremity as they made offer to depart forth of the Realm and laid surety neither to return without his Majesties license nor to practise against Religion and the State whilest they stayed abroad It was debated a while whether or not such a capitulation might stand with the Kings honour and his Majesty being thereupon consulted in regard of the many difficulties that pressed him in the time and that it made for the quietness of the kingdome to have them put away the surety offered was accepted which done the Duke of Lennox having stayed in those parts three moneths returned about the third of February to Edinburgh Bothwell now was in miserable plight being hated of the Queen of England for his combining with the Popish Lords Excommunicated by the Church and forsaken of his fellowes especially M. Iohn Colvell who had followed him in all his troubles and knew the places of his resset for he had made his peace and as the rumor went betrayed Hercules Stewart Bothwells brother who the same time was executed publickly in the street of Edinburgh These things did so increase his fears as not knowing whom to trust he stole away privately to France The King hearing that he was gone and had taken land at New haven in Normandy sent a Gentleman to the French King to demand him as one who was declared a traitor and if that was denyed to desire that he might be banished France The answer of the French King was That he should give him no Countenance but since he had taken his refuge thither he could not but suffer him enjoy the free ayre of his Countrey Some moneths he remained there till either wearied of the bad entertainment he found or as it was said for challenging a Gentleman to combate against the Kings edict he was forced to quit those partes and fly into Spain from thence he went to Naples where he lived in a poor estate unto his death which happened some years after the King his going into England How soon Bothwell was gone all his followers did sue for pardon Sr. Iames Scot of Balwery offering to exhibite the bond made at the Church of Menmore betwixt Bothwell and the Popish Lords which he had in custodie was brought before the Councell and having produced the same laid open all their plots By his deposition it appeared that Sir Iames Duglas of Spot was the principal worker of that agreement Whereupon the Ministers of Edinburgh were called and the bonds shewed unto them bearing a mutuall concurrence in all things Religion not excepted Whereupon they were desired to pronounce Spot excommunicated as one that had made defection from the truth and was otherwise suspected of haynous crimes but they excusing themselves the Commissioners of the generall Assembly were called to meet at Striveling who after some debating the sentence was pronounced against him Balwery after a few days imprisoned was set at liberty and remitted but never prospered after that time and ruined his house utterly for an ensample to all that will be medling with factious and seditious Rebells The year following an Assembly of the Church was kept at Montrose in the moneth of Iune where the Commissioners for the King did urge these Articles First Whosoever did medle or practise in any treasonable enterprise against his Majesties person and estate being found and declared culpable by law they should likewise incurre the sentence of Excommunication that so there might be an inseparable union betwixt the two swords Secondly that no Excommunication should be pronounced at the appetite of particular men but that a sufficient number of the Church should be first Assembled and the same determined by publick consent Thirdly That none should be Excommunicated for civill causes crimes of light importance or particular wrongs of Ministers lest the censure should fall into contempt and become like the Popes cursing Fourthly That no summare Excommunication should be thenceforth used but that lawfull citation of parties should go before in all causes whatsoever To the first the Assembly agreed with the clause Legitimâ cognitione Ecclesiasticâ praeeunte To the second they likewise condescended But to the third and fourth they answered that those being points of great weight and craving a mature deliberation could not on the sudden be determined and so continued the resolution thereof to the next Assembly discharging in the mean time any summary Excommunication to be used with this exception Nisi salus ecclesiae periclitetur The exception displeased the King for he thought it would serve the turbulent sort for a colour to all their proceedings But there fell out in the mean time a business which made all these things be forgotten The Queen moved by some that envied the Earl of Marre his credit laboured to have the Prince her son in her own custody and had drawn the Chancellor and divers of the Councell to promise their assistance Advertisement given of this to the King who was then at Falkland he came to the Queen at Halyrud-house and inhibiting any of the Councell to come towards him till he should call them dealt so with the Queen that he diverted her from that course and made her go and remain at Striveling How soon she was gone calling the Chancellor and such of the Councell as
the Sermon was delivered And then repeating his former declinator presented a new one in substance the same with the first For the last point he made offer to submit himself to the triall of the King and Councell Being removed and the Declinatour put to voices it was found That the crimes and accusations contained in the summons were seditious and treasonable and that his Majesty his Councell and other Judges substitute by his authority were competent Judges in all matters either criminall or civill as well to Ministers as to other subjects This pronounced the witnesses were called and admitted but their examination was delayed to the next day After the Councell dissolved the Prior of Blantyre Treasurer and Alexander Hume Provost of Edinburgh were sent from the King to the Ministers that notwithstanding of that his proceeding against Mr. Blake hee did not mean to use him with rigour but if they should move him to come and resolve his Majestie touching the truth of the points libelled he would rest upon his own declaration and send him back to his charge so carefull was the King of peace and so desirous to be in good termes with the Church Night was then fallen and the Commissioners gone to their lodgings yet finding Mr. Robert Bruce Mr. Robert Rollock Mr. Iames Nicolson and Mr. Iames Melvill together they declared what they had in Commission to have declared to the whole number Mr. Robert Bruce answering in the name of the rest said That if the matter did touch Mr. Blake alone the offer might be accepted but the libertie of Christs kingdome had received such a wound by the Proclamations published the Saterday preceding and that Day by the usurpation of the spirituall Iudicatorie as if Mr. Blakes life and the lives of twentie others had been taken it would not have grieved the hearts of good brethren so much as these injurious proceedings had done and that either these things behooved to bee retreated or they would oppose so long as they had breath This answere reported the King the next morning called some two or three of the Ministers unto him did confer with them a long space shewing that he was so farre from impairing the Spirituall Jurisdiction or abridging any of the Church Liberties as he would not only maintain them in what they enjoyed but would enlarge and amplisie the same when he saw it to be for their good But this licencious Discoursing said he of affaires of state in Pulpit can not be tolerated My claime is only to Iudge in matters of sedition and other civill and criminall causes and of speeches that may import such crimes wheresoever they be uttered for that the Pulpit should be a place priviledged and under colour of Doctrine People stirred to sedition no good man I thinke will allow If treason and sedition be crimes punishable when they are committed much more if they be committed in the Pulpit where the word of truth should only be taught and heard One of the Ministers answering that they did not plead for the priviledge of the place but to the respect that was due to the message and Commission they carried which having received from God the same ought not to be controlled in any civill Judicature Would you keep you to your message said the King there would be no strife but I trust your message be not to rule estates and when courses dislike you to stirre the people to sedition and make your King and those that rule under him odious by your railings and outcries If any doe so said the Minister and be tried to have passed the bounds it is reason he be punished with all extremitie but this must bee cognosced by the Church And shall not I said the King have power to call and punish a Minister that breaketh out in treasonable speeches but must come to your presbyterie and be a complainer I have good proof in the processe with Gibson and Rosse what justice you will doe me and were it in a doubtfull and ambiguous case where by any colour the speeches might be justified it were some way favourable to say that the Minister should be called and convict by his brethren but as in the present action with M. Blake who hath said The treachery of the Kings heart is discovered all Kings are the Devils Barns c. who sees not the man hath passed his bounds and not kept him to his message I am not ignorant what agitations France of late and England in former times hath suffered by the violence of such spirits and I have been in my time reasonably exercised with them and ye must not think that I will tolerate such licentiousness As for any lawfull power or liberty ye or your Assemblies have granted either by the word of God or by the laws of the kingdom I mean not to diminish the same and if ye think meet I will publish so much by a Declaration for satisfying you and all other my subjects With this the Ministers were dimitted who having related the conference they had with his Majesty to the rest of their brethren it was agreed in regard of the many inconveniencies which might ensue upon these distractions betwixt his Majesty and the Church that if they could obtain a Declaration in Councell that by the Acts and Proclamations published his Majesty did not intend to discharge any Church Assembly nor to annull any conclusion thereof but that the same should stand in force as they had been in use by the warrant of the word and approbation of his Highness laws and that the discharge of Barons and Gentlemen to convene with the Ministers was not extended to any Ecclesiasticall conventions but onely meant of their convening in Arms matters should be passed over for the present the interloquutor in M. Blakes business not being used against him nor any other Minister unto a lawfull generall Assembly wherein the question concerning the limits of the Civill and the Spirituall Jurisdiction might be reasoned and defined This being propounded the King assented to the Declaration craved offering further to delete the Acts whereupon the Proclamations were founded And for M. Blake he was content that he should be brought to his presence and declaring upon his conscience the truth of the points libelled in the hearing of M. David Lindesay M. Iames Nicolson and M. Thomas Buchannan they three should have power to determine what they thought meet The business was now thought to be at an end but in the afternoon by the suggestion as it was supposed of the President the King would have M. Blake to come before the Councell and acknowledge his offence to the Queen which done he should be pardoned of all This M. Blake refused saying he would neither condemn himself nor approve the proceedings of the Councell who have taken upon them to judge of his Sermons had admitted a sort of ignorant and partially affected people to be witnesses