within this realm And seeing we are called before your L. L. to hear and see it found and declared that we have very contemptuously conveened and Assembled ourselves in a generall Assembly at Aberdien the first tuysday of July last and therefore that Assembly to be declared unlawfull as at more length is contained in the summons Wee in confideration of the premisses and other reasons to be given by us have just cause to decline your L. Ls judgement as no way competent in the cause above specified and by these presents simpliciter decline the same seing we are most willing to submit ourselves to the tryall of the generall assembly the only Judges competent By these presents subscribed with our hands October 24. And it was subscribed by all the fourthien They were nevertheless required to answer unto the summons and they did answer for clearing themselves but with protestation of adhering to their declinature In summa they declare that they had done nothing but according to an Act of Parliament in the year 1592. and they offred to disprove the indorsation of the charge and whereas their declinature was taken in ill part they do acknowledge themselves willing to submit unto the judgement of the Counsell in any matter wherein any other subject ought to submit neither is it a new thing to decline their judgement in some cases seing there is extant a declinature subscribed by moe then 300. Ministers and namely by some of these who now are their greatest adversaries And it it usuall unto the subjects in some Civill causes to decline the judgement of the Counsell and to take them unto the judgement of the Lords of the Session or of the Justice generall or even of a Regality They were sent to their severall prisons and Robert Youngson who that day had joyned with them confessing his trouble of conscience for his former oversight was imprisoned in Sterlin After that time they published an Apology wherein they enlarged their answers and the reasons of their declinature whereof a touch followes and in end they say Let it be supposed that it was an offence to hold the Assembly yet it should not be imputed unto them particularly but unto the presbyteries unto whom the Letters of the generall Commissioners were directed and who had ordered them to go and keep the Assembly and afterwards had approved their proceedings Notwithstanding all their allegations John Forbes John Welsh Robert Dury Andrew Duncan Iohn Sharp and Alexander Strachan were brought by the Guard from Blackness to Lithgow to be arraigned January 10. before the Counsell of treason because they had declined the Counsell It was said commonly that the extraordinary discovery of the powder plot at London would have moved the King to desist from troubling Ministers either in England for their not conformity unto the rites or in Scotland for standing to their ratified liberty when all the churches were required to give thanks unto God for that Benefit But the Earle of Dunbar was sent from Court to manage that business Ere the Ministers were brought to the Bar some Counsellers were sent unto them to move them take up their declinature After advice with some other Ministers there present they answered They would take up the declinature if the Counsel would delete the process and decreet standing against them The Lords replied The Counsell could not annull their decreet which was registred Others were sent unto them again to advise them to pass from the declinature pro loco tempore assuring them that the Counsell would pass from all process persute They would not answer without advice of their Brethren who were there about thretty and then they answerd The testimony that was given could not be recalled without prejudice of the Trueth And they craved licence to advice with their own presbyteries upon caution that they shold return into prison This was denied All that number of Ministers accompanied the imprisoned unto the Bar about one a clok There were present in the Counsell the Earles of Montrose Dunfernlin Chancellor Mar Lithgow Dunbar and Lords Glams Elphinston Abercromy Scoon Balmerino Newbotle Tullibairn Blantyre Haliroodhous and Barons Whittingam Pennicook Clerkinton Murdo-Cairny Kilsyth and Master of Elphinston to assist the Justice Deput as Assessors in the cause Sir Thomas Hamilton the Kings Advocat compeared to accuse The Dittay was read importing their treasonable declinature of the Royal authority grounded upon an act of Parliament in the year 1584. I omit the particular aggravations because they may be known by the answers The substance of their defence by their Advocat Thomas Hope afterwards the Kings Advocat and Lord Craig-hall was The declinature is not against either the title nor intention of the law which was made only against such as derogat from the K. royall authority but this declinature left his authority fully The law served only against such as were summoned super inquirendis but these were accused and committed to prison for a deed or action Their declinature was propounded by way of defence and therefore can not be accounted treason The law naming the penalty of treason is odious and therefore should not be enlarged but rather restrained That which is treason in a case expressed may not be extended unto other cases not expressed That law judgeth not such a case to be treason but only forbids such a thing under the pain of treason The act bearing only the incurring of treason the penalty can never be justly inflicted unless the fact be found treasonable by law But no law defineth the declinature of an incompetent Iudge to be treason Neither did these decline the Kings judicatory simply but the Counsels and that only in this and and such causes They were ever and yet are content to be judged by his Majesty and the Generall assembly seing according to God's Word and the lawes of the realm which have distinguished the Civil and Ecclesiasticall jurisdictions the matters of the Church should be judged and cognosced by the Church and it's assemblies which were aswel ratified confirmed by the lawes of the countrey as any other Iudicatory To judge of the lawfuldess or unlawfulness of a gen assembly belongs unto a generall assembly and hath been the practise of our Church even when his Majesty was present as the Assembly at Perth in the year 1596. was controverted notwithstanding his Majesties presence at it and then he was so far from judging the lawfulness of it by himself or his Counsell that in the next generall Assembly at Dundy he did require the question to be decided there as properly pertaining to that Judicatory It hath been lawfull and in continuall practise that his Majesty and Secret Counsell have in sundry causes been declined and the cause drawn to the ordinary and competent Judge as in matters Civill unto the Session in matters criminall unto the Justiciary matters of divorce unto the Comissaries yea the meanest Regalities have power to decline suprem
accept them as it pleased thee to aceept the gifts of thy righteous servant Abel and the sacrifice of our Patriarch Abraham These words did still untill the Reformation remain in the Canon of the Mass And on Paul's day the words of the Secretum were read We beseech thee O Lord sanctifie the gifts of the people by the prayers of thy blessed Apostle Paul that those things which are acceptable unto thee by thy institution may be more acceptable by the patrociny of him praying These and many other prayers of the Mass cannot otherwise be understood without blasphemy Then of the gifts of the people Cassander in Liturgic cap. 27. hath these words from Expositio Ordinis Romani All the people coming into the Church should sacrifice and ex Decretis Fabiani We ordain that on every Lord's day the oblation of the Altar be made by all the men and women both of Bread and Wine Again at first they were wont to communicate daily Cyprian de Orat. Domi. at the 4 petition saith We receive the Eucharist daily On these words Pammelius hath marked that the same custom continued at Rome and in Spain till the daies of Jerom and at Millan till Ambrose but had failed sooner in the East Church Augustine in his 118 Epistle sheweth the different custom of communicating in some places ofter and in others more seldom It may be thought that when Christians had place zeal did decrease and the people did not communicate so oft and so the offerings were the fewer Then the Fathers did complain of the rarity of Communicants and exhorted the people to communicate at least every Lord's day and did absolutely inveigh against their rarity as absurd and zeal-less and said that when they came it was not for thirst of grace or remorse of sin but for solemnity Chrysost on 1 Cor. 11. hom 28. These exhortations and reproofs prevailed not therefore an Act was made binding the people to communicate each Lord's day Gratian. de consecr dist 2. cap. Quotâ—die Neither was this order obeyed therefore was another that they should communicate thrice yearly at the Feasts of Christ's Nativity Resurrection and the Pentecost Ibid. cap. Saeculares For all this the people would not communicate so oft therefore a Law was made that all the people should communicate at Pasch And then daily communion was forgot amongst the people When the Priests saw that Laws would not move the people to communicate oft and to bring their offerings they devised another damnable means they taught the people that the Lord's Supper is not only a Sacrament and so profitable to them only but it is a Sacrifice to God and profitable to all the beholders of it and by their offerings they may find mercy and grace Yea lastly not to the offerers and beholders only but to all for whom the Priest offereth it as well absent as present whether alive or dead and at last both to the soul and all other necessities They were the more bold to teach so because the Fathers had improperly and dangerously called the Sacrament a Sacrifice And upon this doctrine was multiplied the riches and wealth of the Church by donations of prebendaries chanouries lands yearly revenues as is to be seen in their Charters I offer unto God the things contained in this clanter for the remission of my sins and of my Parents sins to maintain the service of God in Sacrifices and Masses They who have seen the Rights or Writs of Church-lands or revenues know this This doctrine took deep root for it was gainfull unto the Priests and easie unto the people for what can be thought more easie Men wallowing in sin hear a Mass and bring an offering to a Priest and get remission no searching of the heart nor mortification required this was not the streight way and who was not able to do it Nor can it be shewed that such doctrine was heard in the Church before the seventh Century to wit they give heed to lies and apparitions of deceiving spirits or deceitfull and feigned apparitions and so left the truth All that is spoken of this purpose declares that at first the action of offering was not the action of the Priest but of the people and the thing offered was not the Sacrament nor the Son of God but the gifts of the people as is manifest for in the daies of Pope Gregory the I the words a little from the beginning of the Canon are not Which we offer unto thee but Which each of them offer unto thee Afterwards the Priests turn them to their action and their action was called the sacrifice and all their prayers which before were in dedication of their offerings the Priests turn to the consecration of the Bread and Wine which the Priest and one with him do take This change is manifest by the Canon of the Mass whereof I have touched some words and namely Accept the gifts as thou didst accept the gifts of Abel Abraham and Melchisedek .... command that these things be carried by the hands of thy Angel unto the Altar above And when it was generally so called a Sacrifice Raban sheweth in what sense the best sort understand it De Institut Cleric lib. 1. cap. 31. Sacrificium dictum quasi sacrum factum .... that is a sacrifice is an holy action because by mystical prayer it is consecrated in remembrance of the Lord's passion And Thomas Aquin. part 3. qu. 83. art 1. The celebration of this Sacrament is called a Sacrifice for two causes first because as Augustin ad Simpli Images are called by the names of things whereof they are Images as looking to a Picture we say This is Cicero But the celebration of this Sacrament is a representative Image of the Passion of Christ who is the true Sacrifice Hence Ambrose on Hebr. cap. 10 By Christ was the Sacrifice once offered c. What therefore do we we do therefore every day offer in remembrance of his death Another way in respect of the effect of Christ's passion to wit because by this Sacrament we are made partakers of the fruit of the Lord's suffering and therefore in a secret Dominical Prayer it is said How oft the commemoration of this Sacrifice is celebrated the work of our redemption is exerced And therefore saith he in respect of the first way it may be said that Christ was offered even in the figures of the Old-Testament as it is said Apoc. 13. the Lamb slain from the beginning of the World but in respect of the other way it is proper unto this Sacrament because Christ is offered in celebration thereof So far he If he and many others who have written the like had beleeved that the Sacrament is properly a Sacrifice or else the same Sacrifice with Christ's suffering or an iteration of it why did they not teach so in express words Therefore we may conclude that for 1300 years they thought not the Sacrament to be a Sacrifice properly but did
soul that is both bodily and spiritually seeing with the mouth of the body we eat and drink corporally as oft as we receive the Lords body from the altar by the hands of the priest but it is eaten and drunken spiritually with the spiritual mouth of the soul when sweetly and profitably as Augustine saith it is called to memory That the onely begotten Son of God for the salvation of the world took upon him our flesh hang on the cross rose again appeared ascended and will return again to judge Of the spiritual eating the Lord said to his disciples Take eat Augustine endeavored to demonstrate the spiritual eating Tract 26. in Iohan. when he said Eat the heavenly bread spiritually bring innocence unto the altar This then is the bread which cometh down from heaven that whosoever eateth of it shall not die but which belongeth to the vertue of this Sacrament and not to the visible Sacrament who eateth inwardly not outwardly who eateth with heart and not who cheweth with teeth Here if Lanfrank by his bodily eating or eating with the mouth of the body will have both the signs and the signified thing to be taken bodily his argument against Berengarius is silly or if he meant it onely of the signs Berengarius saith the same But Guitmund Bishop of Aversa turned further aside and wrote more bitterly and less truly against Berengarius Who can hold laughter saith he when he heareth Berengarius expounding the words of our Lord concerning the Sacrament This is my body i. e. this bread is my body O most impudent foolishness why may not the teeth touch that which the hand toucheth If the body of the Lord was touched by the hands of Thomas after his resurrection and by the holy women why may it not to day be touched more easily and surely touched that is chewed by the teeth of the faithful He therefore who gave himself to be handled after the resurrection he will not flee from our teeth for uncleanness c. Nevertheless Berengarius abode constant and was in high estimation both with Nobility and People and therefore Pope Victor the II. gave direction to the Bishops of France to take order with him They assembled at Towres anno 1056. there was Hildebrand and the Priests legate Berengarius eluded the Council rather then open his minde for he professed generally That he followed the sentence of the Catholique Church that is said he as the Scriptures Fathers and Primitive Church have taught And more particularly he said that the bread and wine became the flesh and blood of Christ not as in a shadow but truly Pope Nicolaus II. hearing that Berengarius was honored of many summoned him again to a Synod at Rome anno 1059. and there as Baron ad ann 1059. saith without any disputation he condemned his own error But Vsser de succes Eccles c. 8. hath marked that Sigon de reg Ital. lib. 9. when Berengarius with many arguments defended that the Sacrament to speak properly was the figure of Christ's body and Cardinal Albericus who was nominated to dispute against him could not by voice resist him and neither of the two would yield to the other Albericus sought the space of seven days to answer in writing as also it is remembred by Leo Ostien in Chron. Cassin lib. 3. And at last when disputation could not prevail against him it was given him in option Whether he would recant or burn The old man for fear of death as Pa. Masson Annal. Franco lib. 3. speaketh made that beastly recantation a perpetual argument of his dastardly courage and of the brutish ignorance of that Council which was penned by Cardinal Humbert and is registred by Gratian. de consecr dist 2. Ego Berengarius Nevertheless the words of the recantation are as far from Romish transubstatiation as white from black These are the words so far as they concern our present purpose faithfully translated I Berengarius do consent unto the Apostolique and Roman See and with my mouth and heart confess that the bread and wine which are laid on the altar after the consecration are not onely the Sacrament but also the very body and blood of our Lord Jesus and sensibly not onely in Sacrament but in truth are handled with the hands of the priest broken and chewed with the hands and teeth of the faithful c. John Semeca the Glossator of the Decrees expresly condemneth the words of this recantation and saith If thou understand not the words of Berengarius soundly thou shalt fall into a greater heresie then he did for we break not Christ's body into pieces nisi in speciebus Lombard li. 4. Dist 12. E. 1. saith Not in the substance of his body but in a Sacrament that is in specie And Bellarmin de Concil lib. 2. c. 1. saith In signo non in se When they say understand soundly they understand clean against the Text for if by species and sign they understand not bread and wine as the ancient Fathers did certainly mean and speak they deceive the world seeing whiteness and such other qualities can never be broken without some substance neither are these qualities the sign of Christ's body wherefore the substance of bread remains after the blessing And when they condemn the confession of Berengarius and call it his words they consider not that they condemn their Pope Nicolaus and their Council of one hundred and fourteen Bishops prescribing it and ordaining Berengarius to subscribe it and which sent that confession unto the Bishops of Italy Germany and France as Catholique It is certain that Berengarius returning home returned also to his former doctrine and wrote in defence of it so that as Blondus saith he was summoned again by Pope Gregory the VII anno 1079. and then subscibed another recantation and an Act was made That thenceforth none may dispute nor teach another concerning the body and blood of our Lord except for bringing unto the faith them that are gone astray It seems that as yet Gregory was not resolved of his doubt Bercold a Priest of Constance ad ann 1083. saith Albeit Berengarius abjured that heresie in face of Synods yet he ceased not to return unto his vomit Some have written that Berengarius denied the baptism of Infants but saith Ja. Usser In so many Synods held against him We never finde any such thing laid to his charge And unto the said Usser it appears that who in those days were charged to deny the baptism of children did hold no more but this Baptism conferreth not grace ex opere operato So Berengarius died holding his first doctrine at Towres in the Isle of St. Cosina and was buried in S. Martins where his Tomb was reared and Hildebert Bishop of Caenoman and then of Towres made his Epitaph which is in Guil. Malmesbu de Gest Anglo lib. 3. And this is a part of it Quem modò miratur semper mirabitur Orbis Ille Berengarius non obiturus
obey whether he will or not The King in this strait submitteth himself and resigneth the Crown of England and Ireland from him and his heirs for ever upon condition that he and his heirs should have again the same Dominions from the Pope for paying yearly unto the See of Rome 1000. marks of Silver Then he kneeled and gave his Crown unto Pandulf the Legate who kept it five days as a seizing of these two R ealms and the King confirmeth the same by his Charter obligatory Here by way of anticipation it is marked in the Histories that no King of England did acknowledge this subjection nor pay the farm Pol. Virgil. in Hist Anglor lib. 15. Matth. Parisien saith It is reported by many that this detestable Charter was burnt in the chamber of Pope Innocentius the IV. An. 1245. when he caused his own wardrobe to be burnt to the end he might obtain a new taxation from the Bishops which were conveened at the general Councel and after the Councel he sent a Charter with a command unto all the Bishops of England to subscribe it and King Henry was not onely enraged against the Bishops for subscribing it but did also swear that he would stand for the freedom of his Kingdom and would not pay tribute to the Court of Rome so long as he breathed But to return at that time some of the Priests and Abbots consented not unto this shameful action of whom some came afterwards like blinde idiots unto Pandulf and begged remission the baser sort was forgiven and the heads as fattest and fittest for the Pope's mouth were sent to Rome In the mean time Innocentius was holding his Latronal Councel and there did excommunicate Otho the Emperor John King of England Peter King of Arragon Raymund Earl of Tolouse c. Then Stephen Langton was sent and absolved King John and immediately he called many Bishops Abbots Earls and Barons unto London and perswadeth them into a league against the King unless he will renounce all title unto vacant Benefices wards of marriages c. Then Innocentius sent Nicolaus Bishop of Tusculo and he began to intrude persons into vacant Benefices of Canterbury as it pleased him The Arch-Bishop refused and appealed to Rome and sundry Nobles took part with him alledging that they would defend the Liberties of their Countrey Innocentius approveth generally all that his Legate had done The Bishop and Lords stood for their Liberties The King began to think how to be relieved of his new tribute and sent unto the Pope requesting him to excommunicate the Bishop of Canterbury who had been the occasion of all these broils with some of the Lords and he would never intend exemption of his fue-duty and with his Letter he sent a sum of money But this stir was soon calmed but by and by that faction did conveen again and did force the King to yield unto all their above named demands The King then sendeth unto the Pope and sheweth how they had wrested his power from him and craveth his aid for recovery The Pope sendeth his excommunication against them all his Nuntio chargeth Stephen to publish the excommunication he refuseth and posteth toward Rome where after he was heard he was suspended and another sentence of excommunication was directed against all the Nobles and Barons which had conspired against the Pope's beloved Son and remission of sins was proclaimed to all the subjects of the Kingdom which will take part with the King and the Legate against the Lords and all the Bishops were commanded to publish this excommunication under no less pain then to be in the same danger Then the Lords Matth. Parisien calleth them Londoners to wit because of their league made in London were in despair and knew no more whither to turn then the King did before but they cried out in reproach of the King saying Wo to thee John the last of Kings the abomination of English Princes and confusion of our Nobility Alas thou hast wasted England and more wilt thou be wasted alas England England c. Then twenty four of them in name of the rest went unto Philip King of France and intreated him to give them his eldest Son to be their King The Pope understanding this motion sent Wallo Cardinal of St. Martin and chargeth Philip to desist from so rash attempts and to defend his vassal John and the Lands of the Church against those Traitors Philip did judge this an insolency and he hoped that the Lords would stand to their promise and partly he trusted in the league lately renewed with Alexander King of Scots and therefore he answered The Kingdom of England was never a part of Peter's patrimony nor shall it be hereafter no Prince may pledge or give away his Kingdom without the consent of his Barons which are tied to defend it If the Pope shall bring this preparative into Christendom he will set at naught all Kings and Kingdoms I love not this example which is begun in these days and therefore I cannot allow what John hath done though he be my utter enemy and I lament that he hath so ruined that noble Realm The Peers standing by cried as in a fury with one voice We will stand to this Article though to the losing of our lives let John do as he willeth no King can put his Land under tribute and so make his Nobility slaves Lewes said The Barons of England have elected me for their Lord and King surely I will not lose my right but will fight for it unto death I doubt not but I shall obtain it for I have friends among them his Mother was Sister of King John At this time John was going from place to place possessing himself of the Noble mens Lands yet fearing their attempts he came to Dover expecting aid from forraign Countries and many came to him from Flanders Braband and Holland on the one side and from Guien Gascony and Poictiers on the other and a most wonderful number of men from other Countries for the report went that the Pope had written unto them to assist King John Wallo the Legate followed Lewis into England An. 1216. and renewed the curse against him for usurping against John and against Simon Langton and other English which had excited Lewis and against Alexander the II. King of Scots with a wonderful solemnity causing all the bells to be tolled candles lighted Church-doors opened and committing them all to the Divel for their contumacy Lewis caused the curse to be proclaimed null and was accepted at London as King He made Simon high Chancellor King Alexander wasted the North parts of England And every one said The Bulls were of no force since the ordering of temporal affairs did not belong unto the Pope and what hath the Bishop of Rome to do with our wars behold he will be the Successor of Constantine and not of Peter Matth. Parisien ad An. 1216. It happened at that time that the Viscount of Mandevil who
and thieves none so wicked or vile who though he be charged with a manifest crime should we think to condemn before we hear him and do ye think it equal to pass sentence on a King anointed and crowned giving no leave to defend himself how unjust is this let us consider the matter it self I say ye openly affirm that Henry Duke of Lancaster whom ye are pleased to call your King hath most unjustly spoiled Richard as well his Soveraign as ours of his Kingdom While he was speaking the Lord Marshal enjoyned him silence and the other Bishops said He discovereth more Covent-devotion he had been a Monk then Court-discretion in dissenting from his Brethren Yet at that time his integrity was so respected that no punishment was imposed upon him but the next year 1400. when some discontented Lords arose against King Henry this Thomas was taken prisoner and judicially arraigned for High Treason for which he was condemned and sent to St. Albans But what shall the King do with him he could not with credit keep him nor dismiss him and to take his life was dangerous when Prelates were thought sacred The Pope did help the King by giving unto Thomas another Bishoprick in Samos a Greek Island But before his translation was compleated he died THE FIFTH AGE Of the CHURCH OR The History of the Church reverting and of Antichrist raging containing the space of 300. years from the year 1300. until the year 1600. CENTURY XV. CHAP. I. Of POPES 1. INNOCENTIUS the VII was crowned An. 1404. Before that time none spoke more against the ambition of the Antipopes and he had sworn to renounce his place if the union of the Church did so require but now he could not hear any speaking of taking away the Schism yea because some Romans bewailed the dammages of it he sent them to his Nephew Lewis whom he had made Marquess of Piceno and Prince of Firma as to a Burreo saith Platin. and he caused in his own sight eleven Romans to be thrown out of an high window and said This Schism cannot be otherwise taken away therefore he was called the bloody Tyrant Tho. Cooper For this cause the Romans called for the aid of Ladislaus King of Naples and the Pope fled unto his Nephew in Viterbio thereafter the Romans fearing that Ladislaus would usurp over the City brought back the Pope and he did accurse Ladislaus Pope Benedict sent unto Pope Innocentius for a safe conduct unto his Cardinals that they may treat of an union Innocentius slightly refused Wherefore Benedict made his vaunts in sundry missives that he was desirous of union and Innocentius had denied a treaty Then Innocentius became paralytick and his own Clergy said unto him It happened unto him justly according to his demerits He sate two years Then the French Nation did represent unto Pope Benedict the inconvenients of the Schism and they craved that he would willingly lay down his Dignity for the welfare of the Church if the Pope that shall be chosen at Rome shall do the like He promised to do so The Cardinals at Rome in consideration of the enormities waxing every where by this Schism took this order they promise each one with solemn vow to God to Mary to Peter and Paul and the blessed company of Saints that if any of them were called to that high place whensoever the other Pope will quit his place and his Cardinals will condescend unto the Cardinals at Rome upon a new election that one may be chosen by them together in that case he who shall be now chosen shall renounce his Papacy And they provided that none shall ever take absolution from this oath All did subscribe 2. GREGORY the XII being eighty years old was chosen and the same day in presence of all the Cardinals confirmed the same oath by a new subscription The union was attempted again by Letters from the one Pope unto the other they consent to meet on Michaelmass day at Savona in Liguria but Gregory objected sundry impediments and when these were removed by Bishops and Princes he coined more as may be read at large in Morna Myster pag. 497. ss Benedict still made shew of readiness when he heard that Gregory made new delays he went unto Catalonia in Spain where he was born professing his desire of union but there was no appearance of it In truth he was necessitated to go thither for the French King and University of Paris would bear no longer with him and called him a Schismatick c. Gregory thought then that the field was won He called a Councel to assemble at Aquileia and to the end he may attain his designs he created more Cardinals Benedict practised the like in Arragon both of them still pretending unity The Church of Rome had of late broached Experience sheweth that Popes are not infallible this conceit That the judgement of the Pope is infallible but now it pleased God to check that fond opinion and by lamentably sensible examples teach them their error that if reason cannot perswade them experience should convince them or if they will believe none who had written that the Pope may er yet they shall see it with their eys and then let them hold him the rule of faith at their peril So the Cardinals of both these factions began to distaste the ambition of their Popes and first some of the Spanish Cardinals withdrew themselves and came to Pisa and others of the other side assembled with them to the number of 124 Divines and 300 Jurists They with one consent call a Councel to be held there An. 1409. and by their Letters they require the Emperor the Kings of France Hungary England Poland Sicily Arragon and other States to give their concurrence Only the nearer part of Spain Scotland and the Count Armeniacus followed Benedict The Councel was assembled to the number of 1000 Divines and Lawyers as some write They summon both Popes to appear either personally or by their Proctors They both contested against the lawfulness of the Assembly as not having authority from the head The Councel replied A Councel cannot be called by one of the Competitors for a party cannot make a general but a particular Councel but neither of the two would yield to the other so the Councel goeth on and because none of the two Popes would appear after many Sessions and after long disputation of their power and after canonical process they all without exception condemn Pope Benedict and Pope Gregory and absolve all men from obedience unto them they annul all their Acts promotions ..... In the tenor of deprivation they call these two notorious Schismaticks obstinate maintainers of Schism Hereticks departed from the faith scandalizing the whole Church unworthy the Papacy and cut off from the Church And they elected unto the Papal Chair a Greek by birth Peter Philargus the Bishop of Millain who was called 3. ALEXANDER the V. Of him it is said He was a
unto the Councel of Constance this was four moneths before the going away of Pope John which was judged a most fit time to treat of that purpose He began his Preface with the words of Bernard in Serm. 33. in Cantic A rotten malady creepeth to day through all the body of the Church and the further the more desperately ... seeing from that time the Church hath become worse and worse continually after the fearful darkness of so many schisms unless timely provision be made more fearful things may be feared to insue according to the Prophâ—sies of Abbot Joachim Then he sheweth what he thinketh needful unto Reformation 1. That General and Provincial Councels be kept especially General Councels for amending all Persons and Estates neither should remedy be looked for from the Church of Rome because many are suspicious that she dissembleth and is unwilling to have Councels that she may râ—ign the more at her own pleasure and usurp power over other Churches Because before Constantine it was not free unto the Church to hold General Councels openly then arose many Heresies therefore it is no marvel that in these last times when Councels have been contemned that she is fallen into divers schisms and other infinite evils as experience teacheth General Councels are necessary for Reformation of the body of the Church especially the Roman which must be Reformed Whereas the Gloss saith in Dist 19. c. Anastasius The Pope should ask the Councel of Bishops When matters of faith are to be inquired it is to be understood not only of the articles of faith but of all those things also that concern the universal estate of the believing Church and otherwise it is dangerous to commit our faith unto the arbitrement of one man And if ever they were necessary far more now to procure an union of the Greeks with the Latines to repress the enterprises of the Turks who having destroyed the Empire will rush into the Church and straw a way unto the Antichrist as now many most godly men fear both these dangers at hand 2. For Reformation of the Roman Court it is sufficient that there be but one Cardinal out of every Province because the Cardinals are the causes of schisms and the Pope should provide to relieve ease and to remove the grievances of the Nations he should abate the exactions his pomp and luxury he should not excommunicate but in weighty causes as was done in the primitive Church 3. Prelates should not be chosen young imprudent nor ignorant but of ripe age apt to teach exemplar in manners moderate in lives not medling with weapons or worldly business abstaining from pomp in clothes and horses and feasts hating all simony they should moderate the Lent in respect of some persons and circumstances they should bring the Divine Service to devout brevity repress the number and variety of Images in Churches put order to new Feasts and Saints that men cease from work only upon the Lord's day and the most famous Feasts that have been appointed by the Church because when people are idle sin is multiplied in Taverns dancings and other abuses 4. He cometh to the Reformation of Monks in respect of their multitude and pernicious diversity and he taxeth the Romish Court that they dispise Divines and advance only such as can bring gain so that now it is come into a Proverb The Church is not worthy if Papists will have the word meretur expounded so to be governed but by wicked men c. He complaineth also of Pagan abuses and diabolical superstitions at Rome but saith he as there were seven thousand who Note never bowed to Baal so we may be confident that there are some desirous of the Churches Reformation This Book is in Fascic rer expetend and was presented unto the Councel November 1. An. 1415. But they who should have reformed were to be reformed and so little or nothing was done 14. Thomas Rhedonensis a French Carmelite and as Antoninus saith a famous Preacher went to England France and Italy and in his Sermons said Rome is the mother of abominations the Church hath need of great Reformation Prelates should leave their pride and luxury and follow the example of Christ and his Apostles For such preaching he was burnt in Rome at the command of Pope Eugenius An. 1436. Baptista Mantuanus speaking of this mans death lib. de vita beat c. ult saith Ah mad envy what doest thou thou hast not killed him for his soul cannot die but by hurting his earthy body he is the sooner partaker of eternal life Catal. test ver lib. 19. 15. Laurentius Valla a Senator's Son of Rome and Canon of St. John of Lateran about the year 1420. wrote a Book which he calleth a Declamation against the pretended donation of Constantine In the end thereof he shews the estate of the Church saying I say and I cry for I trust in God and do not fear men In my life time hath been in the high Priesthood no faithful nor wise Steward he hath not given bread to God's family the Pope annoyeth with wars people that love peace and stirreth up Princes and Cities he maketh his advantage not only by the loss of the Republick so as Verres or Catilina durst never attempt the like but of the Church and holy Ghost so that Simon Magus would abhor it .... In no place is there any Religion no holiness no fear of God and which maketh me tremble when I speak it wicked men bring the excuse of all crimes from the Pope for in him and his Court is the example of all wickedness that against the Pope and them that are nearest unto him we may say with Isaiah and Paul The name of God is blasphemed among the Gentiles for you ye who should teach others teach not your selves The late high Priests abounding in wealth and pleasures seem to contend to be as ungodly and foolish as the ancient Bishops were holy and wise and by their shame to surmount the praises of the former There also he complaineth that they have corrupted the faith with old wives fables and that they are not ashamed to preach what a Christian should be ashamed to name And he saith unto the people When we discern bad money we throw it away and we will not discern a bad Lord but will keep him still All the Book is such For this Book he was forced to flee But he was received honorably by Alfonso King of Naples and was his Secretary Orthae Gra. in epist post declam 16. Thomas de Corsellis a Frier had a large Oration in the Councel of A Councel is above the ope Basil Aen. Sylvius hath inserted it in his Commentaries There he proves that the Councel is above the Pope the Pope may err and experience shews it when the Pope abuseth the keys he may be deposed if he hear not the Church he is a Publican and Heathen a general Councel representeth the Church some for vain glory
Ernest Archb. of Magdeburgh was a dyng An. 1511. his Chaplain Clemens Schaw and two Franciscans were by him and one of the Franciscans said Famous Prince be of good confort wee will communicate unto your Highness not only all our good works but likewise of all the Order of the Minorites and without doubt when you have these you shall stand just and blessed before the throne of God Ernest answered By no means will I trust either in mine own works or in yours but the works of Christ only are sufficient Catalog Test. ver lib. 19. ex Cl. Schaw 11. John Picus Lord of Mirandula and Earle of Concordia was about that time admired for his learning his books began to be printed An. 1504. He wrote 900 Propositions which he defended in publick disputations at Rome amongst them were these following The true body of Christ is in heaven locally and on the altar sacramentally By the power of God one body can not be in diverse places at once Consecration is not made precisely by these words Hoc est corpus meum unless the antecedent words be added The Lord Jesus in the night he was betrayed ..... Neither the cross nor any image is to be adored with the worship of latria no nor as S. Thomas expresseth it The Doctours condemned these Theses And he wrote an Apologie defending them to be Catholick especially concerning the sacrament he said The body of Christ may be present without any conversion or annihilation of the bread He said May be and not is present to eschue their bonds without doubt he had spoken more plainly if he could have done it freely In an epistle unto the Emperour Maximilian An. 1500. he saith With such faith and piety as I can I beseech thee that with all diligence thou wouldest accomplish that thy most Holy purpose to restore the Christian Republick unto the antient liberty it is wasted by outward enemies and torne by inward and the sheepfold of Jesus Christ which was consecrated by his blood hath suffered and dayly suffereth farr worse from wolves under sheepskins then under their own colours Go-on then most worthy Caesar and excite Christian Kings by what means thou canst and shew thyself a faithfull servant unto Christ the King of all Kings who will quickly deliver his sheep as wel from outward enemies as from false shepherds In time of the conflict of the two Councells of Pisa and Lateran hee handled that question Whether in the cause of faith a Pope should be preferred before a Councell or contra and said according unto the Glosse of the Decree dist 19. c. Anastasius where it is said The Pope should in matter of faith seek a Councell and therefore the Synode is more than a Pope And he adds Wherefore the archdeacon of Bononia approving the glosse said It is dangerous to make our faith subject unto the pleasure of any man and so said Bernard What greater pride one man to prefer his judgement before all the world And when he had shewed his judgement that the greater number should be preferred before the lesser caeteris paribus he addeth But if the greater part would decern any thing against the word of God or against these things that should not be violat and a smaller number opposeth them wee should cleave unto the lesser number as in the Councell of Arimino and the second at Ephesus yea we should believe a Country man or an old wife rather than a Pope or a thousand Bishops if these bee contrary unto the Scriptures and the former follow the Gospell Likewise speaking of that question Whether the Pope and Councells may erre he saith It may be easily decided because he hath already shewed they may erre from the Scripture many Councels and Popes have fallen into heresy it oft hapneth that he who is accounted President of the Church hath not dutifully discharged his presidence and somtimes he can not be President at all seing it is recorded that in former time a woman was Pope and I remember of a learned man who in our age had attained great esteem of religiousness and taught albeit not altogether publickly that hee who was chosen Pope at that time was not Pope .... and I remember of another who was received and adored as Pope whom good and worthy men thought neither to be Pope nor that he could be Pope for he believed not that there was a God! and they did testify of his most wicked deedsin buying the papacy and exercising all kind of wickednes yea and they declared his most wicked words for it was affirmed that he confessed unto his familiar friends that he believed there was no God even since hee was ruler of the Papall See I heard of another Pope who in his time sayd unto his friends he believed not the immortality of souls and when hee was dead he appeared unto the same man and said that to his great losse and by everlasting fire he had found or knew that souls are immortall Ph. Morn in Myster This John had an oration in the Councell at Lateran before Pope Leo X. wherein he spake freely of a necessity of Reformation because of their corrupt manners their adulterate Lawes and canons their decaied religion even among the chiefest of them Godliness said he is almost turned into superstition righteousness into hatred or favour and men of all Estates doe sin openly so that vertue is oft blamed in good men and vice honoured in place of vertue especially by those who would have as it were the walls and hedges of their own crimes and strange insolency and contumacy unpunished These maladies these sores thou must heal o great highpriest or if thou refuse to cure them I fear lest he whose crown thou holdest on earth cut off and destroy the infected members not with fomentations but with fire and sword I think verily that He gives certain signs of his future medicine by pestilence famine and bloody warrs at such admonitions and heavenly thunders wee should have lifted up our ears unto repentance but wee rather loose them like the Moores which become deaf at the continuall noise of Nilus nor is it any marvell for Iohn Chrysostom thinks that all evill procedes from the Church and Hierom writes that he had found no man which had deceived the people but the Priests If thou wilt reforme and correct these things willing or unwilling thou shalt be thought by the Christian world to haue lifted up a standert of a full Reformation This thou o great high priest shouldest doe and none other on earth more then thou and if thou wilt not remember I pray thee that old Priest who was punished for not punishing the sin of his son for they who are set over others should not only be innocent themselves but resist the nocent and represse their wickedness And when he had shewed more particularly that the conversation of the clergy had very great need of Reformation he proves the same of their
their part These which were called Ambassadours kept up their commission saith the historie of Reforma but Buchanan saith they craved from twelve Lords which were at Edinburgh a day to be appointed for hearing their commission and it was answered unto them They sought not peace but war for what els did so many armed men declare nor could they be so simple as to come into Conâ—erence where they might be forced to accept conditions at the pleasure of their enemies but if peace was their aime they should dismiss their banded companies that so it may appear they yâ—eld unto equity and not forced by the sword and on the other side they would use the like diligence No more was heard of their commission The Regent sent many letters both unto them which were indifferent and to these which were for the Reformation solliciting them severally to come unto her the one sort would not receive her Letters according to their bond and from their meeting they sent the reasons of their refusing and declared their intentions and complained of the violation of the appointment especially in bringing so many Frenches fortifying of Lieth and putting out the Indwellrs Many Declarations and proclamations did passe on both sides untill Octob. 21. when the Noble men and others after warning being frequently conveened in the Tolbuith of Edinburgh the question was propounded Whither she that contemptuously refuseth the most humble requests of the borne Councellers of the realme being also but a Regent whosepretenses threaten the bonâ—age of the whole common wealth ought to be suffered so tyrannically to domineer A Sentense of suspension against the Regent over them After deliberation it was concluded without any contrary vote in this manner At Edinburgh October 21. 1559. The Nobility Barons and Burgesses conveened to advise upon the affaires of the Commonwealth and to aide and support the same perceiving and lamenting the enterprised destruction of their said Common wealth and overthrow of the Liberties of their native Countrie by the means of the Queen Regent and certain strangers her privy Counsellers plain contrary unto our Souverain Lord and Ladies mind and direct against the Counsell of the Nobility to proceed by little and little even to the uttermost ruin So that the urgent necessity of the Commonwealth may no longer suffer delay and earnestly craves our support Seing therefore that the said Queen Regent abusing and overpassing our Soverain Lord and Ladyes commission given and granted unto her hath in all her proceedings pursued the Barons and Burgesses within this realme with weapons and armour of strangers without any process and order of Law they being our Soverain Lord and Ladies true Lieges and never called nor convinced of any crime by any judgement lawfull as â— at Santiohnstoun in the month of May she assembled and causes thereof her armie against the town and inhabitants thereof never called nor convinced of any crime only because they professed the true worship of God conform to his sacred word 2. in the moneth of Juâ—y last without any order or calling going before invaded the persons of sundrie Noble men and Barons with force of arms conveened at Saintandrews only for the cause of Religion as is notoriously known they never being called nor convinced of any crime 3. again layd garrisons the same moneth upon the inhabitants of the said town oppreâ—sing the Liberties of the Queens true Lieges for fear of which her garrisons a great part of the inhabitants thereof fled from the town and durst not resort again unto their houses heritages untill they were restored by aâ—ms they notwithstanding not being called nor convinced of any crime 4 further at the same time did thrust-in upon the in habitants of the said town Provest and Bailifs against all order of election as lately in this month of September she hath done in other towns of Edinburgh and Jedburgh and dâ—verse other places in manifest oppression of our Liberties 5. Declaring herevill mind toward the Nobility Commonalty and wholle nation she hath brought-in strangers and dayly pretends to bring greater force of the same pretending a manifest conquest of our native rooms and Countrie as the deed itself declares in so far as she having brought-in the said strangers without any advice of Councell Nobility and contrary to their expresse minde sent to her in Writing hath placed and planted her said strangers in one of the principall towns and parts of the realm sending continually for greater forces willing thereby to suppresse the Common wealth and liberty of our native countrie to make us and our posterity slaves to strangers for ever which as it is intolerable to Commonwealths and free Countries so it is very preiudiciall to ouâ— Soverain Lady and her Heirs whatsoever in case our Souverain Ladie decease without Heirs of her person And to perform these her wicked enterprises conceived as appeares of inveterate malice against our whole countrie and nation caused without any consent or advice of the Councell or Nobility to coin lead money so base and of such quantity that the whole realm shal be depauperated and all traffique with forrein Nations everted thereby 6. She placeth and maintaineth against the pleasure of the Counsell of this realme a stranger in one of the greatest Offices of credite in this realm that is in keeping the great Seal thereof wherein great perils may be engendred to the Common weale and Liberty thereof 7. Further sent the great Seal forth of this realâ—e by tâ—e said stranger against the advise of the said Counsell to what effect God knoweth 8. And hath also by this mean altered the old Law and custom of this our realm ever observed in the Graces and pardons granted by our Soveraines to all their Lieges being repentant of their offences committed against their Majesties or the Lieges of the Realm And hath introduced a new captious stile and forme of the said pardons and Remissions conform to the practises of France tending thereby to draw the said Lieges of this realm by processe of time into a deceivable snare and further shall creep-in the whole subuersion and alteration of the remanent Lawes of this realme contrary to the Contents of the Appointment of marriage 9. And also Peace being accorded among the Princes retaineth the great Army of strangers after commandement sent by the King of France to retier the same making excuse that they were retained for suppressing the attempts of the Lieges of this realm albeit the whole subjects thereof of all estates is and ever have been ready to give all dutifull obedience to their Soverains and their lawfull ministers proceeding by Gods Ordinance And the same Army of strangers not being paied their wages was layd by her upon the necks of the poor Commonalty of our native Country who were compelled by force to defraud themselves their wives and children of that poor substance which they might purchase with the sweat of their brows to satisfiy their
having interess That none of them take in hand to hold any consistory for administration of the said wicked lawes or assist there to in any way from thence forth Vnder the pain of death As yee will answer to us thereupon The which to do we commit to you conjunctly and severally our full power Given under our signet at Dundy the 14 day of December and of our reignes the second and 18 years These two Proclamations are not that I have seen in print but I have them by mee as yet with the Signet whole and entire which I received as I have hinted before among the papers of John erskin of Dun. The difference of the time in the Date is clear for the Queen was marryed in the beginning of Decemb. An. 1558. And I make use of them here against the impudent slaunders of An observation out of the premisses that malevolent Author who in that Latin History lately printed calleth the Reformation of the Church of Scotland a tumultuous and Vandal Reformation howbeit out of these Proclamations and all other proceedings heertofore it appeares clearly that whatsoever was done had the authority of the Publick Convention of the Estates and lesser things were done by the Counsell but the Queen being a Minor and not in the Country ftom her infancy and being under the tutory of her Vncle a stranger and an enemy of Religion who had given his power unto strangers for opposing Religion And all the antient Churches as yet standing both in burroughs and country do bear witnes that they did not at that time throw down any necessary church but only the abbeyes and monasteries and their churches IX About the 20. of December Robert Meluill of Raith who was sent with Lethintoun into England returnes and shewes that the Queen of England had granted a supply and appointed the Duke of Norfolk A treaty with England and the Frenches make trouble to their own losse to treat at Berwick with the Commissioners of the Scotish Nobility When the Regent was advertised of this conclusion she with her Counsell resolves to make an end of the warre before the English support could be in readiness and to begin at Fife Thereupon the French men take their journy by Sterlin and spoil where they come when they had passed the bridge the storm was so bitter and the snow had fallen so deep that they could not passe thorough the midle of the country but resolve to march by the coast and so unto Santandrewes and to have fortified the castle and City The Lord James stuart and others hearing that they were passed Sterlin sent some Forces with the Lord Ruthuen to withstand them and in his company was the Earle of Sutherland being directed as he professed by the Earle of Huntly to offer his assistance but his principall commission was for the Regent as afterward was made known But he was not long time in their company for in the first rancounter of the Scots and French men at Kingorn Sutherland was hurt in the arme and went back to Couper The French men being the greater number took Kingorn and the Scots return to Dysert where they continued skirmishing for three weeks that the enemies could not march further and the country was preserved from the spoil so soon as the Regent heard that Kingorn was taken she sent post to France shewing that thousands of the hereticks were slain and the rest were fled and requiring that some of her friends would come and take the glory of that Victory So Martiques was sent again with two ships A day was appointed by the Noble men to meet at Couper for sending Commissioners to treat with the Duke of Norfolk unto this meeting went the Noble men that were at Dysert and sixe were sent to Berwick both parties did quickly agree upon a league for defense of both kingdoms whosoever shall inuade either of them The contract was dated Fabruat 27. The capacity of a Treaty with England shewes what a considerable part of the kingdom the Congregation was at that time The Frenchmen at Kingorn hearing that the Noble men were gone from Dysert march a long the coast and at Kincraig they see a fleet of ships they apprehend them a supply from France but they were by and by informed that it was a fleet of Englishes and also that an Army was coming by land Wherefore they fearing to be severed from their fellowes at Lieth made the greater hast by night and day and came to Lieth on the third day losing more of their company by the way than they had killed of their adversaries as they had done more evill to their friends for of all that were professed enemies unto them only the Laird of Grange had his house blown up with powder but others of their faction were forced to furnish them or the souldiers took the readiest they could apprehend When complaints were made to the French Captaines they scornfully answered These were the Congregation-mens goods Or if they made faith that these were their own goods they were railed upon as unworthy and niggard cowards that made more account of their goods than of their friends And the professours of religion had put their goods out of the way But this spoil made that faction joyn the more willingly with the defenders of their liberty At that time the Barons of the Merns were busy in the Reformation of Aberdien The Earle of Huntly withstood but when he heard of the advancing of the Englishes he sent unto the Lords craving to be admitted among them as also he heard that Proclamations were sent through all the country charging all the subjects to meet in arms at Lithgow the last day of March and thence to passe in persuite of the French enemies At that time the English forces consisting of two thousand horse and 600 foot entred into Scotland and the Scots army joyned with them April 4. An. 1660. The same day the Regent removes her family to the castle of Edinburgh the Lord Erskin knowing that she was of intention to have the Frenches Masters of that strength would not deny her entry but he was so circumspect that both she and the castle were still in his power X. The Noble men then wrote unto her humbly again and again entreating Mediation of peace An. 1560 that she would dismiss the French souldiers and profering that they shall be safely conveyed into France and promising never to forsake dutifull obedience unto their Queen nor resist the King her husband in any thing that shall not tend to the subversion of the liberties of the Kingdom and beseeching her to weigh the equity of their petition and the inconveniences of warre The English Generall did in like manner direct two gentle men unto the French men in Lieth for the same purpose Both were answered with delayes but would not be delayed and assault the town and were repulsed twice with the losse of two men The King of France hearing
charge must be subiect to the censure and correction of Ministers and Elders not of his chief town only but also of the whole Province of which he is appointed overseer If his offence be known and the Ministers and Elders of the town and province be negligent then the next one or two Superintendents with their ministers and elders may conveen him and the Ministers and Elders of his chief town provided it be within his own province or chief town may accuse or correct aswell the Superintendent in these things that are worthy of correction as the ministers and elders of their negligence and ungodly toleration of his offence Whatsoever crime deserves deposition or correction of any other minister deserves the same in the Superintendent without exception of persons He hath also curtailed these rules for what cause he hath so done he who pleaseth to confer the two may guesse XII The Parliament as was appointed in the Treaty sate down in The Reformation is establisht by Parliament and the Confession of faith August at Edinburgh there were present sixe Bishops twelve Abbots and Priors nineteen Earls and Lords with many Barons and of Commissioners of Burghs none were absent Many Lords both of the one and other Estates did absent themselves contemptuously saith the author of the History of Reformation The first thing they treat was a supplication of the Barons gentlemen burgesses and other true subiects of the realm professing the Lord Jesus for a Reformation of Religion So soon as it was read the Barons and Ministers were called and command given unto them to draw into plain and severall heads the sum of the doctrine which they would maintain and desire to be established as wholesom true and only necessary to be believed This they willingly accept and on the fourth day to wit August 17. they present the Confession which afterward was registred in the first Parliament of King James 6. and is commonly seen also in the Harmony of Confessions When the Confession was read first by the Lords of the articles and then in audience of the whole Parliament all were bidden in Gods name to obiect if they could say any thing against that doctrine some Ministers standing-by ready to answer if any would defend Papistry or impugne any article No obiection was made then a day was appointed for concurrence in that and other heads that day the Confession was read again each article severally and the votes were asked accordingly The Papisticall Bishops said nothing Three Lords Athol Sommerwell and Bortwick said Wee will believe as our fathers believed The Earle Marshall said It is long since I had some favour unto the Trueth and since I had a suspicion of the papisticall Religion but I praise my God who this day hath fully resolved mee in the one and the other for seeing the Bishops who for their learning can and for their zeal that they should bear unto the verity would as I suppose have gainsaid any thing that directly repugneth unto the verity of God Seing I say the Bishops here present speake nothing against the doctrine proposed I can not but hold it for the very truth of God and the contrary to be deceivable doctrine and therefore so far as in melyeth â— approve the one and condemne the other And yet more I must vote by way of Protestation that if any person Ecclesiasticall shall after this oppose themselves to this our Confession that they have no place nor credite considering that they having long advertisment and full knowledge of this our Confession none is now found in lawfull free and open Parliament to oppose themselves to that which we profess and therefore if any of this Generation pretend to do it after this I protest that he be reputed one that loveth his own commodity and the glory of the world more than the Trueth of God and the salvation of mens souls After the voting and establishing of the Confession by the whole Body of the Parliament there were also read two particular Acts one against the exercise of the Masse and the abuse of the sacraments and the other against the supremacy of the Pope these were severally voted and concluded then and renued in the Parliament An. 1567. With these Acts Sir James Sandelanes Knight of the Rhodes who had been neutrall hetherto was sent into France for obtaining ratification and was ordered to clear the Noble men and others from the imputations of dissoyalty and to pacifie the mindes of their Soveraines But he found his ambassage and himself contemned the Guisians checking him bitterly at his first audience that he being a Knight of the holy Order had taken a Commission from rebells to sollicite ratification of execrable heresies I will not stay here upon the reasonableness of this answer nor to consider who gave it only this is added by my author that more care was given unto three persons the Bishop of Glasgow the Abbot of Dumfernlin and the Lord Seton who went away with the French Army The Countrie then was greatly troubled for this cold entertainment of their Commissioner for they were sensible of their own weakness if France would invade again and they were doubtfull of England because their last support was with so great charges and hazard and the Earls of Morton and Glencairn who after the Parliament were sent to give thanks unto the Queen Elisabet and to entreat the continuance of her love had given no advertisement In time of this doubtfulness newes was brought that young King Francis was dead then sorowfull were the hearts of the Popish faction and the Countrie were confident to have their Queen at home again as God brought it to pass in despite of all the attempts that that faction did use in the contrary After the death of the King a Convention of the Estates was called to meet in January 1561. then was Lord James Stuart appointed to go in their names unto the Queen Commission was given to severall Noblemen and Barons in severall parts to pull down the abbeys and cloisters that were yet standing and to demolish all moniments of idolatry throughout the Country Then also the book of Discipline was presented and the Ministers supplicate the Convention to establish it Alexander anderson Subprincipall of the Vniversity at Aberdeen was called to obiect against it He refuseth to dispute there in matters of faith pretending for excuse a sentence of Tertullian The Ministers reply The authority of Tertullian can not preiudge the authority of the Holy Ghost commanding to give a reason of our faith to every one that requires it and for the present it is not required of him nor of any man to dispute in any point of our faith which is fully grounded upon Gods word and all that wee believe is without controversy contained in the holy Scriptures But it is required of him as of other Papists that they will suffer their doctrin constitutions and cermonies come to a tryall and especially
wee must for both thirds and two parts are rigorously taken from us aâ—d our tenants One said if others will follow my Counsell the Guard and the Papists shall complain al 's long as the Ministers have done Then the former sharpness was coloured and the speaker alledgeth that he meaneth not of all Ministers Christopher goodman an English answereth My Lord Secretary if you can shew what just tittle either the Queen hath to the third or the Papists to the two parts then I think I could resolve whither she be debtour to Ministers within burgh or not The Secretary replieth Ne sit peregrinus curiosus in aliena Republica Goodman answereth Albeit I be a stranger in your policy yet I am not so in the Church of God and therefore the care doth no less appertain unto mee here than if I were in the midst of England The Hist of Reformation Lib. cit This debate was because the Popish prelates were permitted to enjoy their tyths enduring their life so that a competent stipend were provided unto the Ministers and when the Queen returned home at the demand of the Counsell the Prelats condescended to quite the third part of the tyths for entertainment of the Queen's family and the provision of Ministers but the Guard received the thirds and gave nothing or little unto Ministers and they had oft complained of their want In all these quick reasonings I. Knox spoke not a word but thereafter he said I have traveled Right honourable and beloved Brethren since my last returning into this realm in an upright conscience before my God seeking nothing more as he is witnes than the advancement of his glory and the stabillty of his Church within this realm and of late dayes I have been accused as a seditious man and as one that usurpes to myself power that becomes mee not true it is I have given advertisement to the Brethren in diverse quarters of the extremity intended against the faithfull for looking to a priest going to Masse and for observing those that transgresse against just laws but that here in I have usurped further power than was given mee till that by you I be condemned I utteâ—ly deny for I say by you that is by the Generall Assembly I have all just power to advertise the brethren from time totime of dangers appearing as I have powr to preach the word of God in the pulpit of Edinburgh for by you was I appointed unto the one as unto the other and therefore in the name of God I crave your judgements the danger that appeared unto mee in my accusation was not so fearfull as the words that came to my ears were dolorous to my heart for these words were plainly spoken and that by some Protestants What can the Pope do more than to send forth his letters and require them to be obeied Let mee have your judgements therefore whither I have usurped any power to myself or If I have obeied your commandement Ibid. John Knox is removed and then the Lord Lindsay the Lairds of Kilwood Abbotshall Cuninghamheed the Superintendents of Anguise Fife Lothian West and Galloway Mrs John Row W. Christeson Ro. Hamilton Chri. goodman with the most part of the assembly did declare that they remember very well that Jo. Knox would have had himselfe exonered of the foresaid charge and that the Church at that time would not suffer him to refuse it but that he should continue as before to advertise from time to time as occasion shall be given An extract of the Acts of tbe nationall assemblies 3. The Noble men and Barons present do finally consent that for their own parts the tenants or labourers of the ground shall have their own tyths upon composition 4 It was thought needfull for confirmation of the book of discipline that certain commissioners or any three or four of them shall revise it and consider diligently the contents thereof noting their judgements in write and reporte the same unto the next assembly or if any Parliament shall interveen they shall report their judgements unto the Lords of the Articles 5. All Ministers and Readers having Manses at their Churches shall make residence there 6. Concerning Thomas duncanson who was Schoolmaster and Reader in Sterlin and having committed fornication had made publick repentance it was ordained that he shall abstain from that office in the Church untill the Church of Sterlin make request for him unto the Superintendents and he shall marry the woman if she require it 7. Alexander Jardin Minister at Kilspindy having committed fornication and therefore suspended by the Superintendent of Fife and thereafter had made publick repentance and married the same woman Is again suspended from all function in the Ministery untill the next Assembly and then to receive his answere 8. Commission was given unto five Ministers to take cognition of a complaint given by the Superintendent of Fife against Ge. Lesly Minister at Stramiglo and to decide therein and to notify their Sentence unto the Superintendent of Anguise In this year by past was great death and dearth through all the Country that the prices of corne and flesh was triple above the custom The writer of The Histo of Reformotion saith God did so according to the threatning in the law punish our ingratitude that suffered them to defile the Land with that abomination that he had so potently purged by the power of his word and for the riotous feasting both in City and country but alas who lookes to the true cause of our calamity Likewise in the winter following fell great rain which in the falling freezed so vehemently that the earth was but a shot of ice the fowls both great small could not flee but freezed and died and some were layd by the fire that their feathers might dissolve This frost is said to have been in January An. 1563. to wit according to the old account which was not changed in Scotland untill the year 1600. and then was changed but continueth in England untill the year 1660. CHAP. â— Of COVNCELS I. IT hath been shewd with what difficulty the Councel was called to Trents the History of it is most exquisitly penned by Petro Soave a Venetian The opening of Councel of Trent and translated into sundry languages here I add a compend faithfully and plainly in so far as concerneth the mannaging the Articles of doctrin for the most part When Pope Paul could no longer decline the calling of this councel as is before in the beginning of the year 1545. he sent three Legats John Maria de Monte a Card. Bishop of Palestina Marcellus Cervinus a priest Cardinall de Sancta Cruce and Reginald Pool a deacon Cardinal of S. Mary in Cosmedin with a Breve of legation but no particular instruction being as yet uncertain what commission to give them and intending to dispose as occasions namely the affairs of the Emperour shall require When the Legates were gone he consults the Cardinals what faculty is
Bishop or Beneficed person whatever because it is a distraction from his vocation Under pain of deprivation 4. Some articles were sent unto the Lord Regent namely that stipends be granted unto a Superintendent in every Province whither it bee where no Bishop is or wheâ—e is a Bishop who can not dischage his office as Santandrews Glasgow That in every Church destitute of a Minister such persons may be presented and â—tipends be granted unto them as are here present and whose names shall be delivered by the Bb. Superint or Commissioners 5. A complaint was made against the Bishop of Dunkell for ministration of the Lords Supper upon woâ—k-dayes and he is forbidden to do so again but only upon the Lords day according to the order of other Churches 6. If any Parliament shall be called or any other weighty cause require the presence of the Body of the Assembly the Superintendent of Lothian James Lowson Minister at Edinburgh and David Lindsay Minister at Lieth shall give timous premonition unto the Brethren to conveen and that Convention shall be reputed an Assembly 7. The absents from the assembly shall be charged to compear in the next to be censured for their absence Note 1. James Boyd was enduced by the Lord Boyd to accept the title of the Bishoprick of Glasgow which that Lord had purchased for his own gain of the revenues and in the former Act he is named as unable unto the office and in the same assembly he excused his negligence in the Church-affaires because he was employd in other affairs of that office 2. Within some weeks after that assembly John called Archbishop of Santandrews went into the pulpit topreach and falling down died 3. By an Act under the privy Signet of the date November 21. 1574. it appeares that John erskin so long as he had been Superintendent had not been in the Shiref-court though he was a Baron and at that time had exemption granted both for time by past and to come during his continuance in that office XII The National Assembly conveenes at Edinb March 7. as they 1575. The 28. Assembly then did reckon year 1574. where were Earles Lords bb Superindents c. James Boyd Bishop of Glasgow is chosen Moderator 1. The bb of Dunkell Brechin Murray and of Glasgow were removed and complaints made against every one of them Alexander Bishop of Galloway now submitteth himselfe Upon his submission and by solicitation of the Lord Regent he obtaines dispensation to be accepted if he will confesle his offence in the church of Halirudhouse only 2. It is ordained that none be admitted unto the office of a Bishop unless he be examined and approved by the Assembly 3. No Comoedies nor tragoedies or such playes should be made on any history of Canonicall Scriptures nor on the sabboth day If any Minister be the writer of such a play he shall be deprived of his Ministry As for playes of another subject they also should be examined before they be propounded publickly 3. Whereas Andrew Graham hath been presented unto the bishoprick of Dunblain undet the name of a Preacher albeit he be not one and it is alledged that there hath been no conclusion that all Bb. should first be Preachers and so if he be qualified to be a Preacher the presentation should be accepted therefore the assembly appointeth him to preach on wednesday upon Rom. 5. 1. and nameth certain persons to be present 4. Bishops Superintendents and every Minister are enjoined to admonish all such as were Papists within their bounds and have subscribed the Confession of faith according to the Act of Parliament that they should also participate of the Sacrament duly with their own congregation under pain that they shall be held Relapse and be censured with excommunication It may appear from these what manner of Bishops these were and that the Presenters of them aimed at their own advantadge and not at the good of the Church In the Assembly at Edinburgh August 6. were The 29. Assembly Bb. Superintendents c. Robert Pont is chosen Moderator 1 When Bb. were removed to be censured John Dury Minister at Edinburgh protesteth that the tryall of Bishops shall not prejudge the opinions and reasons which he and other Brethren have against the office of such Bishops 2. Alexander Bishop of Galloway delivereth an attestation of his satisfaction according to the ordinance he is restored to the liberty of preaching and standes still suspended from commission of visitation but is ordered to assist John Row Commissioner of Galloway pro hac vice 3. The Bishop of Dunkell is ordained to reside with his family at Dunkell before the next Assembly Under pain of deprivation Hee is also accused of dilapidation of his Benefice hee craves that he may have the liberty of an Advocate to plead for him this is refused but he should answer for himself or chuse a Minister to argue for him within three days 4. Because comely and decent apparell is requisite in all men especially in these which have function in the Church therefore all Ministers and Preachers are forbidden to have any broudering bagaries of velvet on gown on cloke or coat or have any cutting out of their cloaths stitching with silk pesments or lace all variant colours on sherts rings bracelets buttons of silver or of any metall all velvet satine tafety any licht color but that all their habite be of grave color to the end the good word of God be not slandered by them and their immoderateness And that their vifes be subject unto the same ordinance 5. Because the long continuance of Commissioners may induce some ambition other inconvenients after long reasoning it is concluded by the grearter part that the Commissioners shall be changed yearly 6. Eight Articles to be presented unto the Lord Regent 1. for planting the word throghout the realm it is petitioned that such Ministers as are not as yet placed may be received Ministers which have many churches may be relieved and Commissioners be â—ased and Bb having too great a charge may be helped And prouision of Commissioners may be payd for these two years bypast and in time coming 2. That such impediments may be removed which hinder the progresse of the doctrine such as abundance of vice un punished markets on the Lords day and the troubling of Ministers in execution of theit Ministry 3. That the order concerning the poore which before was begun may be put to full execution and to that effect a portion of the tyths which is the Churche's patrimony aâ—swell of the two parts as of the thirds may be employd for their sustentation as necessity craves 4. Because the Schools are the fountains from which Ministers must flow that provision may be made for them not only for Students remaining within the realm but for some men of good engine which by this Church shall be found fit to visite other Churches and Vniversities for their furtherance in learning and
Alex. Arbuthnot and James Lowson are appointed to consider of an order therein and to report their judgement 2. The first part is agreed unto and where are no Presbyteries the Commissioners are to continue for that effect as before 3. The Church hath named Commissioners 4. Ordaines to advise with the Clerk-Register upon an answer unto the Kings Letter 〈◊〉 5. Referreth the form to be conceived in writ by David Lindsay and Patrick Adamson betwixt eicht and nyne 6. It is agreed to be propounded The 7. is referred to the particular elderships and whensoever disputations may be had the Church thinks them good 8. The Acts of the assembly should be put into execution by the Presbyteries 9. Ordaines this article to be craved being first well qualified and so the 10. and 11. and 12. and also that the Church proceed against the violaters of the sabboth day and mantainers of them The 13. 14. are agreed 12. Because by the many divisions and deadly feades in all quarters of the realm not only is the word of God and true religion burdened with slanders but the Common wealth is enormly wounded and all good disciplin and order confounded ....... herefore the assembly enjoyneth certain persons in severall places to travell earnestly for reconciling the differing parties and to require them in the name of God to live in unity and peace as it becomes the members of one body ....... as they wold shew themselves sons of peace 13. The assembly gives commission to two Barons seven Commissioners of burghs and the Ministers of the Kings house and of Edinb with Ro Pont Da. Lindsay Pa. Adamson An. Melvin and seven others or any eight of them To present unto the Lords of the Artâ—cls of the Parliament such heads as shall be given unto them by the Church these heads and a supplication unto the King were read and allowed but are not in the Register only in Sess 22. ordaines a supplication to the King and Lords of the Articles that no Act be past in Parliament repugnant to the true word of God and namely concerning Bishops The Parliament began at Edinburgh October 24. where first was an Act ratifying all former Lawes and Acts made â—or the liberty of the true Church and religion presently professed within the realm and a particular enumeration of these Acts another Act for provision of Ministers and certain stipends for them at all parish-churches one against the dilapidation of the rents of Benefices that are provided to Ministers one that all Benefices of cure under Prelacies shall be given to Ministers only and all other gifts of them to be null one against blasphemy and oaths with penalties according to the quality of severall trausgressors one against them that passe in pilgrimage or superstitiously to wells chapells and crosses and the observers of papisticall rites one for explication of the Act against notorious adultery to wit it shall be judged notorious adultery where children one or mo are procreat betwixt adulterers or when they keep company bed together notoriously known or when they are suspect of adultery and thereby give slander and thereupon being duly admonished to abstain and satiffy the Church by repentance or purgation and contemptuously refusing are excommunicat for their obstinacy all and every one being in any of these three degrees are made lyable to suffer death Another Act was against all Papists practizing against the true religion by dispersing libels in praise of the Pope or seducing the people c. Observe 1. That in all time preceeding was no opposition or variance betwixt the King and the Church In the assemblies the Kings Commissioners consented unto their Acts and namely unto these concerning the Policy of the Church excepting that part de Diaconatu whereunto neither did all the Ministers consent and his Commissioner did consent unto the registring of the book of Discipline in the Register of the Assembly and the King appointed Commissioners to concur with the Deputies of the Assemblies in the constitution of Presbyteries before the framing and publishing of the second Confession of faith as at that time was not a Bishop in the church who was not subject unto the assemblies and presbyteries yea and they were emploied as deputies to procure and supplicate against the power of episcopacy But neither could the book of disciplin be established nor episcopacy be forbidden by Act of Parliament not for any respect of discontent against the book of disciplin or for any intention to restore episcopacy in the Church but meerly upon account of Civill interest and the main respect was the securing of possessions depending upon the title of Bishops 2. Observe that the first variance between the King and the Ministers was upon respect unto the Duke of Lennox and that was for two particulares one that when the Duke came into the country many Papists came also into the Country and Court and began to practize so that as Bishop Spotswood in The History Pag. 308. shewes the Papists assembling together in Paisley did in derision sing a Soule masse for the Ministers as if they and their religion had been utterly gone Wherefore the Ministers in their Sermons did regrate the countenance given to Papists in the Court and the dangers whereinto both the King and countrey were brought by the secret practises of the French John Dury and Walter Balcanquall were summoned to answer before the Counsell for this their liberty of speaking in their Sermons they obey and compear and alledge that the Counsell was not their Judge in such a cause The matter being notoriously known and regrated by many the Ministers were dismissed at that time In time of the Assembly as is before Walter Balcanquall had spoken again to the same purpose and when the gentle man was sent unto the Assembly but would not be the accuser and the Assembly would not proceed against the Minister without an accuser the King was not wel-pleased but knowing the difficulty to find an accuser would follow the business no more The other particulare is related in the now-named History Pag. 316. The See of Glasgow being then void it was suggested unto the Duke by some flatterers that he had a fair occasion presented to make himselfe Lord of the City and of the lands pertaining to that bishoprick if he would only procure a gift thereof to some one that wold make a disposition thereof to him and his heirs The offer was made to sundry Ministers who all refused because of the required condition at last the agents in this business fell upon Robert Mongomery Min. at Sterlin he was content to accept it Thereupon a gift was formed and a Bond given by him that how soon he shall be admitted Bishop he should dispone the lands Lordship and whatsoever belongs unto that prelacy to the Duke and his heirs for the yearly paiment of a thousand pounds Scots with some horse-corn and poultry The Assembly hearing of this bargain do charge this
by act of Parliament to be in the power of the Church now publickly professed within the realm So the deprivation of Ministers is in the power of the same Church As for the deprivation of Bishops admitted since the Kings coronation it is thought meet that the same bee likewise in the power of the Church and the same deprivation to extend alswell from his function of the Ministry as feom the Benefice that the same may be declared vaiking and conferred of new as if he were naturally dead V. Causes of deprivation are heresy papistry Causes of deprivation common blasphemy periury adultery fornication incest slaughter theft common oppression common drunkennes usury against the lawes of the realm not residence and absence from his flock and office by the space of 40. dayes together in a year without a lawfull impediment allowed by the next gen assembly plurality of Benefices provided since the Kings coronation is cause of deprivation from them all except one whereunto the possessor will adstrict himselfe dilapidation of the rents of Benefices Simony The form of process to deprivation shall be a libell The forme of Procesâ— indeprivation and precept on 40. days warning if he be within the country or 60. days if he be without To be directed by the Church and such Commissioners thereof that elect or admit the person complained-on Summoning him to compear and answer unto the complaint And incase of absence at the first summons the second to be directed in like manner With certification if he fail the libell shall be admitted to probation and he shal be held Pro confesso After the decreet pronounced if the person think him selfe wronged it shal be lawfull unto him to use appellation unâ—o the next generall assembly and intimate the same within ten dayes otherwise the decreet to have present execution 6. The summons raised unto this The troublous Processe against Ro. Montgom day by the Eldership of Sterlin against Robert Mongomery sometime Minister there upon their sentence of suspension against him from the function of the Ministry to be allowed by the Generall Assembly and further tryall to be taken concerning his life doctrin and manners and other things that the Assembly shall lay to his charge was read The same Robert being present is required to answer He alledges that the Church should not allow any thing deduced against him in that process because he was never lawfully summoned thereunto he knew nothing of that suspension from the Ministry but only by bruit nor ever was the same intimated unto him and in so far as the process beares personall intimation unto him of the suspension he takes instrument and offereth to disprove the same in that point The Assembly notwithstanding these allegeances findes the said process decreet and intimation to be orderly deduced and the sentence of suspension well proceeded given Reserving unto the said Robert in the second instance liberty to seek reduction and remedy as appertaines He being further accused of contraveening the said sentence of suspension by preaching the word and Ministration of the Sacraments confesseth it and pretends ignorance of the sentence given Then the Lord of requests delivers a writing from the King declaring that it is his will the Church shall not trouble the said Robert for any thing concerning the bishoprick or that may result thereupon or for any other cause bypast committed by him but that it may be handled before his Majesty This Letter is reverently received and read openly and the Brethren praise God that the King was pleased to send his Commissioner unto the Assembly as for the action by the assistance of God such attendance shall be given thereunto in respect of his Hieness that nothing shall be handled belonging to Civill power aâ—d nothing but uprightly sinceerly and with just judgement shal be pronounced against him as they shall answere unto God and his Majesty In Sess 7. a plain and large discourse was openly made of all the diligence of the Brethren to whom Commission was given in the last assembly concerning Ro. Mongomery and the copies of the charge given to him with the execution hereof With the which discourse and former confession of the said Robert that he had preached and ministred the Sacraments after the decreet of suspension the assembly in one voice findeth the said decreet and sentence contraveened and violated by him and delayeth to decern upon that contravention untill the next day at their first conveening The said Robert demandes the answer of the assembly whither they will accuse him upon any thing concerning the bishoprick or any thing resulting there upon and he requires a copy of the large discourse made verbally by the brother to the effect he may answer to every point thereof He is bidden remove till the assembly be advised and give their answer Within a litle space compeares John Burn Messinger and by vertue of our Soverain Lords Letters delivered by the Lords of the Secret Counsell dischargeth the brethren of the Generall Assembly the Moderator and his Assessors from directing any citations against Ro. Mongomery or using excommunication innovation slandering or troubling him in his ministery for aspiring to the Bishoprick of Glasgow or for calling or persuing his brethren for the same or for any promise made by him therein or for any other thing depending there upon in time bypast Under the pain of rebellion and putting them to the horn Certifying them if they fail he will denounce them Our Soverain Lords rebells Of the which charge he deliveres instantly a copy subscribed with his hand The said Robert is called-in again but he was gone Thomas macgy a Minister is ordained to warn the same Ro. mongomery to compeare the next day In Sess 8. Robert Mongomery is called and compeares not but by William Mongomery his proctor who produces an appellation whereof more followes Thomas Macgy is called and declares that yesternight at command of the Assembly he had warned the said Ro. mongomery to compear at this hour before this assembly personally in presence of Wa. Hay Jo. Couper and An. Ker Ministers and that he promised to compear personally The same did these Ministers testify to be true Then some enormities were produced and read where of the same Robert was said to be guilty to wit 1. negligence and corruption of doctrin also scandalous conversation for the which he was suspended 2. Contraveening of the suspension in Glasgow Sterlin and in the Kings Chappell 3. Violating of his promise made to the presbytery of Sterlin that he should continue and wait upon his cure 4. Horrible oaths in the face of the Assembly denying with protestation before God the intimation of the suspension 5. Raising and executing letters and procuring them by sinistrous information for overthrowing the disiplin of the Church 6. Usurping another mans flock and that being accompanied with armed men after the suspension 7. Charging the wholl assembly under pain of
supplication when he is now at liberty But Both well falleth to his wonted formes and threatned to make the King observe the conditions Wherefore he was cited to compear before the Counsell and not compearing was denounced rebell Much trouble followes with the Popish Lords whereof is mention in the next Assembly XXXI The Assembly conveenes at Edinburgh May 7. 1594. Andrew 1594. Melvin is chosen Moderator I. James Drummond and other Burgesses of The 56. Assembly Perth being cited by the Presbytery there for receiving the excommunicated Lords into their houses do compeare They are demanded whither they had received and entertained these Lords They answer They did receive them but â—ore against their wills and in obedience unto the Kings charge and before the coming of the charge the greatest part of the town had condescended to receive them They were urged with rheir own promise not to receive them and that they had violate their promise They answer A promise of assistance was made unto them and that promise was not keept unto them They were removed and after they had consulted with some others they return and confess for themselves and in name of the town to the glory of God and fatisfaction of the Assembly that they were too rash and suddain in receiving these notorious enemies of God craving most earnestly that none take offense nor evill example by their doing protesting before God that these had entred the town against their hearts who are here present and promising in time coming to maintain and assist the Church and true religion presently professed within the realm and to resist the enemies thereof to the uttermost of their power This eonfession and promise they gave in writ and subscribed in the face of the Assembly and the Minister of Perth is ordained to declare in pulpit of that town the satisfaction accepted c. II. The Sentence of excommunication pronounced by the Synod of Fiâ—e in October against the Apostate Lords Anguse Huntly Arroll and others the Assembly in one voice ratifieth and allowes as also the process led against them and ordaines all Pastors within the realm to publish at their churches the same Sentence lest any man pretend ignorance of it Exception is made of Alexander Lord Hume who hath satisfied the Church as followes III. After particular search of diligence used by Presbyteries for extirpation of papistry and what disciplin they had used against papists and the receivers of excommunicats and priests that so the danger of true religion may be the more known and considered It was thought meet to consider his Ma s good endeavours and here they remember his Ma s good designe at Aberdien where He and the Noble men and Barons made a Bande for defence of religion took the houses of the Apostates and put men to keep them he called some Papists and sent them to Edinburgh he gave commission unto the Earle Marshall of Lieutenentry for suppressing Papists and had called sundry Barons before him for cognoscing the subscription of the blanks which had verified that these subscriptions were the hand-writs of the Apostat Lords and after his return an Act of Counsell was made that none presume to procure any favor unto them and a charge was given to his Ministers to take the oaths of his domesticks that none of them shall interceed at his hand for them which was also done And that it may be evident that the Church hath not been idle in time of these dangers it was declared that they had propounded articles unto the Parliament for forfeting the Apostates they had directed their petitions unto the King at Iedburgh and again articles unto Lithgow of all which small successe hath followed and the danger is no way diminished The tenor of the Act and Bande above named is Wee Noble men Barons and others subscribing being fully and certanly persuaded of the treasonable practises and conspiracies of sundry his Hieness unnaturall unthankfull subjects against the estate of the true religion presently professed within this realm his Ma s person Crown and liberty of this our native Countrey and finding his Ma s good disposition to prevent and resist the same and to repress the chief authors thereof his Majesty having our concurrence and assistance to the same effect Therefore and according to out bond duty and zeall wee owe unto Gods glory love of our native Countrey and affection to his Ma s person crown and estate Wee have promitted and by these presents promit faithfully bind oblige us and every one of us to concurre and take sinceer and true part with his Maj. and each one of us with another to the maintaining and defence of the liberty of the saids religion Crown Countrey from thraldom of conscience conquest and slavery by strangers and for repressing and pursuit of the chief authors of the said treasonable conspiracies specially Geoge Earle of Huntly William Earle of Anguse Francis Earle of Arroll Sir Pa. Gordon of Achindoun Sir James Chisholm of Dundaruy Mrs Ja. Gordon William Ogilvy Robert Abercromy and all other Jesuits Seminary-priests trafficking papists and others his Hieness's declared traitors rebellious and unnaturall subjects treasonable practisers against the estate of the true religion his Ma s person Crown and liberties of this our native Countrey And to that effect wee and every one of us shall put ourselves in arms rise concur and passe forward with his Majesty his Lieutenentents or others having his Ma a power and commission at all times when wee shall be required by proclamations missive or otherwise and shall never shrink nor absent ourselves for any particicular cause or quarell among ourselves Wee shall not ride with assist shew favor give counsell nor take part with the saids Earls Jesuites nor others foresaid nor with the persons denounced or that shall be denounced to the horn or fugitives from his Majesties lawes for the treasonable raising of fire and burning of the place of Dunibrissell and murder of â—mquhil James Earle of Murray nor receive supply nor entertain them nor furnish them meat drink house nor have intelligence with them privatly nor publickly by messages letters nor any other way The skaith and harm of others wee shall not conceile but disclose and impede to our power The quarell or pursute of us or any of us wee shall esteem as presently wee do esteem as equall to us all And by ourselves our wholl forces like as his Maj. with his force and authority hath promitted and promits to concur assist together each one in the defence of others to our utter powers and if any variance shall happen to fall out among any of us for whatsoever cause we shall submit as we presently submit us to the judgement deliverance of any two or three of the principals of us subscribers of this present Bande fulfill whatsover band shall be declared by them without reclamation Atover his Ma. by whose direction command
use without favor and no part thereof be disponed to their friends or any other person for their commodity 6 Great reason their forsciture alwaye preceeding That all persons be inhibited under the pain of treason and losse of life lands and goods to receipt supply rise-with or concurr or have intelligence with the foresaid excommunicats under whatsoever pretense of vasalls or dependes 7 To be ready at my charge it is very meet But I understand not the last clause That all the subjects be charged to put themselves in arms by all good means they can remaning in full readines to pursue and defend as they shall be certified by his Majesty or otherwise finding occasions urgent 8 I shall omitt no diligence in that which can be required at my hands as I shall answer to God That the ship arrived at Montros be apprehended and the persons which were within her together with others which have had any dealing with them according as they shall be given up in writ be called and diligently examined for discovery of the practises and purposes which they have presently in hand 9, Distingue tempora conciliabis Scripturas The meaning of this the bearers will expound unto you Forsomuch as the Lord Hume hath controveened sundry points wherein he was obliged unto the Church of Edinb by his promise at the receiving of his subscription as in not satisfying the Synod of Fife in not receiving a Minister into his house in not removing out of his bounds Captain Andrew Gray and Thomas Tyry whereby as also by his scandalous life since his subscription he hath given just cause of suspicion unto the Church and all good men that as yet in his heart he is not sanctified truly or converted to the true religion Therefore that his Majesty would take earnest tryall of the premisses and thereby judge if there appear in him such sincerity of religion life as his Majesty may trust him and the Church may expect true friendship in so dangerous a time in the cause of religion and if that be not found that his Majesty would remove him from his company and discharge him of all publick office and command 10 The complaints belong not unto your offices alwayes That the guard presently taken up be tryed together with the Captaines because many complaints are given unto the Assembly against them IV. I have satisfied the bearers Subscribitur Iames R. Whereas a horrible superstition is used in Garioch and in other parts of the Countrey in not labouring a parcell of ground dedicated to the devill under the name of the good mans croft the Church for remedy hereof hath found meet that an article be propounded unto the Parliament that an Act may proceed for ordaining all persons possessors of such lands to cause tille and labour them before a certain day to be appointed thereunto or in case of disobedience the same landes to fall into the Kings handes to be disponed unto sueh persons as shall please his Majesty who will labor them V. Alexander Lord Hume compeares and is asked by the Moderator Whither he confesseth with his heart and mouth as before the Lord that he was justly casten out of the Church by the Sentence of excommuniation pronounced against him by the Synod of Fife and as he will answer upon pain of salvation The from of absolution of excommunication damnation to speak the truth simply He protestes and acknowledges that he was justly excommunicat and confesses his fault in deserving it Then he is asked Why he sought not to be relaxed from that Sentence according to the direction to the Presbytery of Edinburgh He excuseth himselve by ignorance of that part of the Act. And being accused Why he detained the stipends of some Ministers namely of Chirnside he answereth he is ready to pay whatsoever he oweth by law Why he hath no observed the conditions named in the Act of the Presbytery of Edinburg to wit that he should have a Minister in his Family and remove Tho. Tyry out of his company He remembreth not that he was required to have a Minister in his family but now he is willing to accept any whom the Church shall appoint as for Tho. Tyry he was in was in his service after that time but understood not that he was obliged to remove him untill the Church did excommunicate him and since that time he hath discharged removed him He is asked Whither he knew a priest named Cowy or any that was set on land out of that ship coming lately from Flanders He denieth both He is asked Whether the Jesuit Mackwherry was in his house lately He confesses that he was in this house within these five dayes and came without out his knowledge nor had he any missive or commission unto him and he stayd not above an halfhour Lastly the said Lord confesseth and protestes in the presence of God whom he takes to witness and the Lord Jesus who will judge the quick the dead that he professeth from his heart the religion pâ—esently professed by the Church here present whereof he hath already subscribed the Articles before the Presbytery of Edinburgh and now acknowledgeth to be the only true infallible religion which leadeth unto salvation and wherein he intends to live and dy and which he shall to his uttermost defend against all the enemies thereof and as he shall answer to the dreadfull God he forsakes the Romane religion as Antichristian and directly opposite to the truth of God and his true Service And these things he testifieth by lifting up his hand and declaring before God that he hath no dispensation nor indulgence to subscribe or sweare Certain brethren are appointed to conferre with him at his own lodging for the fuller tryall of his resolution On the second day thereafter Alex. L. Hume compeares and humbly craves to be absolved from the Sentence of excommunication protesting that in time coming he will give proof of obedience and service unto God and maintain the truth of His religion presently professed by the Church here present unto his lifes end and howbeit some time he had been of a different religion now he avoweth since he hath been better informed in the Heads wherein he differed the Confession of faith and religion presently professed by the Assembly and if hereafter he shall decline from it he submits himselfe unto the Censure of the Church hoping by Gods grace that he shall never make defection Because all these answers and professions have been passed by word only the Assembly judgeth it meet that some articles be written and then subscribed by him and thirdly to consider of his absolution The next day these Articles were propounded in write unto him 1. That Alexander L. Hume ratify approve the subscription and oath given by him unto the Confession of faith at Edinburgh December 22. last or subscribe again in face of the Assembly 2. That he
the presbytery alledging that they had not power to take away any action from them which was in process and not decided They made also a Visitation of the Colledges and made new canones concerning the election of the Rector and his continuance to be but for a year and the exemption Anotheâ— step was the vote in Perliament of all the Masters from the Church Session Concerning the next stepp unto Prelacy which was the vote in Parliament The Historicall Narration saith At the Parliament in December 1597. the workmen for Episcopacy the commissioners of the Assembly presented a petition in name of the church that Ministers may have vote in Parliament They had not commission to petition it either for the Church in generall or for Ministers in particulare It is true it was an old complaint of the Generall assemblies that others who had the Benefices of the Prelacies did vote in Parliament in name of the Church and therefore they petitioned that none do vote in name of the Church but they who shall have commission from the Church if there were any necessity that some must vote in name of the Church but that Ministers in particulaâ—e should vote in Parliament was not petitioned The Assembly in October 1581. being required by the King to give some Overture how he shall not be prejudged seing they have damned the office of Bishops whereunto is annexed a temporall jurisdiction by whom the Prince was served by voting in Parliament assisting in Counsell contributing in taxations and the like Thretty Barons and Commissioners from Burrous and Ministers were appointed to consult apart upon it After consultation they returned to the Assembly with this Overture that for voting in Parliament and assisting in Counsell commissioners from the Generall assembly shall supply the place of Prelates as for exercing criminall and Civill jurisdiction the head Bailives may exerce it The Assembly allowed the Overture but did not determin to send commissioners for that effect When the same question was propounded by the Convention of Estates in Octob. 1582. answer was returned from the assembly that they would not consent any should vote but they who bear office in the Church and were authorized with commission from the Church but they did not determin whither Min. or Barons or Burgesses who were Elders The Assembly in May 1592. enjoined every brother to consider whither Minister may vote in Parliament in place of the old Prelates but no conclusion was resolved-upon So the Assemblies were never earnest for vote in Parliament but complained that the Lords which had the abbacies priories and Bishopricks voted in name of the Church by whom the Church was damnified in sufficient maintenance for the Service of God or answered to the King complaining for the want of the third Estate But the ground is not right that of necessity the Church must be an Estate of Parliament for by the Church is meaned either the Ministry only according to the Popish sense taking the Clergy only for the Church Ot the Ministry together with the commonality of Professors which is the right acceptation of the word Ministers may not lawfully sit as members in Parliament because the Parliament is a Civile Court or great Counsell conveened for making Lawes concerning rights of inheritances weights and measures forfeitures losse of limbs or life and the like whereof Ministers should not make lawes seing they are set apart to preach the gospell c And howbeit Church-affaires or matters of religion be somtime treated in Parliament yet it is a Civile assembly and their proceeding or sanction of such lawes is Civile If yee will comprehend all the pâ—ofessors or members of the Church under the name of the Church then all the subjects within the kingdom shall make but the third Estate or the wholl Country is but a part of the Parliament Moreover the subjects being considered materially they are the same persons both in the Church and Commonwealth but considered with diverse respects they are distinguished formally as citizens of the Kingdom their body is represented in Parliament as members of the Church they should medle only with things spirituall in their Judicatories and Councells The truth is None voteth in Parliament in name of the Church or as ecclesiasticall persons but only as Barons or in respect of the Baronies annexed to the Bishoprick abbacy or priory So that if prelates were not Barons the Church would have no vote I grant Ministers may be present at Parliaments but with the book of God in their hands if they be required in any doubt nor should the Estates make any Act eoncerning religion without the advice and consent of her representative Body but Ministers should not be members of that Court nor none other in name of the Church The Noble men who possessed the great How it was carried Benefices and so many others as they could move to assist them opposed this vote but by the Kings earnest dealing with sundries it was granted that so many as his Majesty shall provide to the office place title dignity of Bishop abbot or other prelate shall at all times have vote in parliament It was thought no honest man in the Ministry would accept these titles dignities and the Estates were the more liberall in their grant The consideration of the office was remitted to the consultation agreement of the King generall assembly but expressely without prejudice of the Jurisdiction disciplin of the Church in Generall or Provinciall assemblies presbyteries Sessions But what office of Bishop abbot or prior should be and not prejudiciall to the disciplin of the Church is hard to determin The Commissioners as if they had procured a great benefite to the Church sent their Missives to the presbyteries to inform them with what difficulty they had obtained this and what danger was in delay and therefore had anticipate the time of the Assembly and with the Kings consent had appointed it to be holden the seventh of March. Under fair pretenses the diets appointed by ordinary assemblies were altered and either anticipated to surprize men or prorogated till they had prepared persons or dressed purposes till at last the whole liberty of appointing any diet at all was reft out of their hands In the Missives they inform lykewise what order was taken for the Plat and provision of stipends to make the other point the more acceptable XXXVI Nevertheless the judicious and sinceerer sort of the Ministry 1598. discover the Mystery of iniquity lurking in this pretended benefite of Ministers-vote in Parliament at the Synode especially of Lothian and Fife about the end of February In the Synod of Fife David Ferguson the antientest Minister of Scotland had a discourse of the travell and paines taken by the Ministry to purge this Church from the corrupt estate of Bishops But now sayd he I perceive a purpose to erect it again I can compare the manner of bringing it in to
sailers and traffickers with Spain that trafficking is not intermitted It is ordained that the former acts be put to execution without respect of persons XVIII It is ordained that the Presbyteries of Dundy Arbroth summon before them the Ladies of Huntly Suderland and Caitnes to subscribe the Confession of faith Under the pain of excommunication which summons shall be executed by a Minister named in the severall Provinces XIX The next Assembly shall be at Aberdien the first thuysday of Iuly 1599. The Hist Narr hath some observations on this Assem 1. The Assessors or Privy conference were named by the King I will not insist to gather the changes of this which was called The privy conference some what hath been marked before 2. Nothing of moment was done the first two dayes but Ministers were brought unto the King from morning till late atnight and voters were procured to the vote in Parliament 3. Andrew Melvin was commanded first to keep his lodging and upon the ninth day he and John Johnston a professor of Divinity in Santand were charged to depart out of the town Under pain of horning 4. Some Presbyteries gave-in their grievances against the Commissioners such altercations were not heard before at any time in our assemblies Papists and Politicians took their pastime and gathered matter of calumny but the King fearing that the main purpose could not succeed that way labored to have the grievances buried and to please the Ministry he promised to travell with the tacks-men of the tyths for augmentation of stipends 5. A week was spent before the cheif point was propounded To weary the Ministers coming from the farrest parts that after the departure of some they detaining their own adherents might the more easily come to their purpose 6. The King in Sess 10. declared how great care he had to adorn benefite the church and to restore her patrimony and for effectuating this it was needfull thar Ministers have vote in Parliament without which the church can not be vindicated from poverty contempt I minde not said he to bring-in Papisticall or English Bishops but only to have the best wisest of the Ministry appointed by the gene assembly to have place in counsell and Parliament to sit upon their own matters and not to stand always at the door like poor supplicants despised and nothing regarded Some of the commissioners spoke to the same purpose Nevertheless there was sharp and hote reasoning in the eleventh Session against that vote Robert Bruce Ja. Melvin John Carmichell John Davidson William aird and some others oppugned The King did commend Iohn carmichell for his acuteness Iames melvin's reasons are extant in The course of conformity But what can reason availe where authority swayed the matter and votes were procured before hand Besides the point was made so plausible to the wordly minded that they thought it the only mean to recover the Church-rents Some were so simple that they could not see the bad consequents The negative voters were overcome by ten votes and had overcom the affirmative if Barons not having commission had not been demanded to give votes also And even then some who consented that the Church should have vote would have had Elders as Barons and Burgesses chosen by the Assembly to be the Commissioners Others were content to accept it upon whatsoever conditions When John Davidson's vote was asked he desired them noâ— to be sudden in so weighty matters One said The title Lord could not be denied to him who sits in Parliament and hath maintenance ansuerable to that dignity John Davidson then said See yee not brethren how bonily the Bishop beginneth to creep out novâ—s et palliatus Episcopus The King and many others fell a laughing So light account made they of the matter But he proceeding said Have we not done much that have striven so long time against that corrupt estate to bring forth now such a birth The deceitfull workers wold extenuate the matter and cover their proceedings as if no such thing were intended 7. The King Commissioners had framed some cautions to inclose the Voter that albeit he becom never so wild yet he shall not turn into an English or Popish Bishop to the end he might be the more easily embraced but when these were read they perceived it and many began to skar which had assented to the main point therefore these were referred to be advised upon 8. Andrew melvin John Johnston were debarred when the main point was to be reasoned and voted but were permitted to be present at the appointed meeting where no power was granted to conclude but in case of universall agreement to the end their reasons might be known before the next assembly and then shifted or suppressed 9. The Synods were appointed to conveen all in one day that one should not know what another had done or receive light from another Then he shewes what followed 1. The Commissioners to plant Ministers in the severall quarters of Edinburgh wrought great vexation to Robert Bruce in Aprile and May he had been Minister there elleven years and when he was to accept a part of the town with Ja. balfour they presse him with imposition of hands Lest it might seem that he had run unsent all the former years he refuseth to accept imposition of hands as a ceremony of ordination or of entring into the Ministry but was content to receive it as a signe of confirmation if they would give in writ their declaration thereupon which after great debate they gave at last This ceremony before was held indifferent but then was urged as necessary because they were laying the foundation of episcopacy thogh in words and outward profession they denied it 2. William melvin a Senator of the Colledge of justice and Sir Patrick murray were directed by the King unto the Synod of Fife in Juny These A Policy in voting were carefull to have three chosen for the appointed Conference which favored the Kings course By the advice of their favourers a number of the most opposite were put upon the leets to the end the votes of them which were so affected might be divided where as the votes of such as were wrought upon were layd upon three only So Thomas Buchanan Ge. Gladstones and Iohn fairfull were chosen which when the other part that were the greatest part perceived they would yeeld to no other commission but to report faithfully the judgement of the Synod to reason vote and conclude nothing but according to it 3. The Commissioners from Synods conveen at Falkland Iuly 25. 1598 the King and his adherents found not such advancement of their course as they expected When the opponents could not recall the main point they labored for the straiter conditions which follow in the next Assembly To the end the particulares may be better dressed the Assembly was prorogated by proclamation untill March 1600 as also that the King by degrees might bereave the liberty