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
and generall assemblies and necessity of the time the time and place of the assemblies are altered without the knowledge of presbyteries and synods 2. Ministers are summoned before the Secret Counsell in prima in stantia for doctrin and discipline which is a great encouragement unto the enemies 3. All application of doctrin in the Exercise is condemned under pretence of an Act of the Generall assembly which Act would be sichted and clearly interpreted 4. The government of the chief affaires of the Church continues in the hands of a few under the name of a Commission to the prejudice of the liberty of the synods and presbyteries 5. The Doctors bearing an ordinary calling in the Church are debarred from the assembly 6. The Assembly takes no notice of the Cautions that were appointed for avoiding corruptions in the commissioners Voters in the Parliament 7. The absence of the Pastors of Edinburgh and alteration of the Ministry there which was the chief Watch-tower of our churches hurts greatly the cause of religion and encourages the enemies 8. There is distraction in opinions different from that consent of hearts which hath been in the Church and litle deliberation hath been or reasons heard whence it is that conclusions are made the half of the brethren almost gainsaying 9. The Land is defiled and the Church endammaged by the French Ambassadors Masse 10. Persons excommunicated for Papistry go publickly and peaceably 11. The Noble men lately absolved from excommunication for Papistry give no token of their profession of the truth but rather the contrary 12. The directions and Letters of apprehended Papists are keept up and not communicated unto the Watchmen that they may make faithfull warning to prevent danger 13. The disciplin of the Church against incest adultery and murder is not practized with holy severity as it becomes but frequent remissions of criminall persons for avoiding civill punishment 14. The remedies provided against imminent dangers in sundry meetings of the Church are not prosecuted II. The Assembly did by the Kings proclamation conveen at Holyrudhouse The 64. Assembly November 10. year 1602. there was the king and in case of his absence at any time his Commissioners the Treasurer Collector Controller Sir Patrik Murray and Ministers Before I touch the Acts It is to be marked that in the roll of the members is not the name of one Elder as also in the two proceeding Assemblies is no mention of any Ruling Elder either Noble or Gentle man nor Burgess It it likely that by the proclamation in December year 1597. they were all terrified This desertion was a grievous mutilation and weakning of the Assemblies but I have seen in time of the Bb. some Barons keep the former custom in the Presbyteries by sitting and voicing there 2. The historicall Narration shewes that when the votes were given at the election of the Moderator James Melvin protested as followes With all reverence unto your Majesty before I speak any thing in this assembly I must protest that seing it is conveened extraordinarily and not at the time appointed at the last assembly by your Majesties authority and it is keept here within your Majesties palace a place not accustomed heretofore for holding the assemblies of the Church Whatsoever shall be done here contrary unto the word of God or the former constitutions of the Church and the established disciplin which God forbid to be null and of no effect and that it may be remedied at the next ordinary assembly of the Church of Scotland Patrik Galloway was chosen Moderator The hour of meeting of the Privy Conference was appointed to be at nyne a clock and of the assembly to be at elleven and to sit untill four in the evening I. The Commissioners that were appointed to wait upon the Noble men were called to shew their diligence in summa they had done little or nothing George gladstons afterwards Bishop of Santandrews said that when he was upon his journey to visit the churches in Caitnes he went to the Earle of Huntly who said that he was upon his journey southward at the kings command and when he returned he would shew what scruples he had in the matters of religion Alexander Lindsay afterwards Bishop of Dunkell said The Earle of Errol was an ordinary hearer of the Word he professed to have no scruples in religion he had provided the churches within his bounds sufficiently and was ready to communicat upon occasion in any church where his residence was John Spotswood afterwards Bishop of Glascow and then of Santandrews said whereas he and James law were appointed to wait on the Earle of Anguse the King had commanded him to go into France with the Duke of Lenox and James law said Because these two were coniunct he could do nothing alone but he understood by the reporr of Brethren that that Earle resorteth not to the hearing of the word and he entertaines enemies of the religion John Carmichell who was appointed to wait upon the Lord Hume said he was not in the countrey And John Hall said he was appointed to wait upon the Lord Heress when he was in Edinburgh but he was a very short space there II. For the Commissioners that were appointed to attend the Plat for provision of stipends the Lord Collector said They had done nothing because the Presbyteries had not sent their answers unto his Majesties Letters without which they could not proceed The Assembly ordaines the Presbyteries to produce their answers tomorrow III. The Commissioners that were appointed to visit the Presbyteries had neglected their part Therefore it was concluded that hereafter such as shal be appointed Commissioners shall accept their commission in face of the assembly and give their oath to perform it faithfully Some of those Visitors had done nothing some were not present and they who had done somewhat were judged to have been superficiall IV. The generall Commissioners were ordained to shew their diligence the next day in writ V. For remedy of those negligences it was appointed first that certain other Ministers should attend those Noble men as also the Lords Maxwell and Semple and the Earle of Suderland and they should follow the Instructions that were prescribed and given unto them to wit 1 Yee shall address yourselves with all diligence to enter into the company and family of to remain with them the space of three months continually during which time your care shall be by publick doctrin by reading and interpretation of the Scriptures ordinarily after meals and by conference at all convenient occasions to instruct themselves in all the grounds of the true Religion and godliness specially in the heads controverted and confirm them therein 2. Take pains to catechize their families ordinarily every day once or twice at the least to bring them unto some reasonable measure of knowledge and feeling of religion before the expiring of the appointed time and that action should begin and end with prayer 3. Endeavour to purge
still termed the Roman Empire and that Charls the Great was made Roman Emperour but because the Empire of Charls was after the 800. years I have deferred his Coronation unto this place The Romanists do boast that the Pope did give the Empire of the West unto King Charls and many not examining the truth but following the sway of Papal flatterers have written no less and therefore have called the transferring of the Empire an usurpation of Antichrist But the Pope had not as yet come to that height to pretend it and the right of Charls came another way for before he came to Rome An. 800. he had all France under his government together with Franconia and Austrasia he had taken a great part of Spain unto the River Iber from the Sarazens he had subdued Saxony Westphalia Datia Hungary Istria Dalmatia he had subdued all Italy except Magna Graecia and therefore he was intituled Charls by the Grace of God King of the Frenches Emperour of the Lombards and Patricius of the Romans So doth he name himself in his Epistle unto Alcwin which is in Biblioth de la Bigne tom 3. and Alcwin in his Epistle de Ratione septuages calleth him The Glorious Emperour Galliarum of France and Rector Defens or Ecclesiae Both these Epistles are in the second part of Alcwine's works I pass over what he did at his coming into the City because I have spoken of it in the former Century Platina in Leo the III. and Blond decad 3. lib. 10. say His Coronation was by the decree and prayers of the Roman people Sigebert in Chron. sheweth the time and cause saying The Romans who in heart were long before fallen from the Emperour of Constantinople taking the opportunity that a woman who had picked out the eys of her own son the Emperour had gotten the Dominion with one and general consent to proclaim King Charls for their Emperour and Crown him by the hand of the Pope Aene. Sylvius who was Pope Pius II. in his book De authoritate Rom. Imper. cap. 9. saith At last the Greek Princes neglecting Rome and leaving it to the spoil of the Barbarians and others the people of Rome who with their blood had purchased so great an Empire and with their valour had founded the Monarchy of the World saluted Charls King of the Germans for their Emperour not without the consent of the Bishop of Rome And Sigonius de regno Ital. lib. 4. saith that Charls had sought this Title in the daies of Adrian and then he brought an infinite multitude of people to see this spectacle Whereupon the same Authour accuseth the Writers which say that Charls knew not of this purpose Possibly the Senate and the Pope had agreed to accomplish their design on that day whereof Charls was either ignorant or unwilling but the purpose was his own desire So on Decemb. 25. An. 800. they crowned him by the hands of Pope Leo as the Emperour was wont to be crowned by the Bishop of Constantinope and the people cried thrice Carolo Augusto à Deo Coronato Magno Pacifico Imperatori Vita Victoria And the Pope anointed him and his son Pipin whom by a solemn decree he declared King of Italy Io. Naucler vol. 2. gener 27. The Pope knowing the dangers which had often befallen his Predecessours and himself did crave of the Emperour that he would be Protector of the Church of Rome and he gave publick faith If it be demanded then Who hath transferred the Empire from Greece to France Antonin Florent in Summ. Theol. par 3. tit 22. cap. 4. answereth for the general The authority of transferring the Imperial Seat is from the people of Rome As for this particular we see it clearly the King of France attained the Empire at that time partly by inheritance partly by the sword partly by dedition and the Title was given by the people and Bishop of Rome see Cent. 8. chap. 2. sect 12. neer the end and nothing was proper unto the Bishop but the Coronation and other Ceremonies which he did in name of the people after the custom at Constantinople As for Lands no History of credit saith that the Pope gave any unto the Emperour at any time as we may hear more hereafter in Cent. 12. chap. 1. § 3. and without doubt the Pope had a great stroke in this change and did act effectually amongst the Citizens for their own advancement but this change was not pretended to be by the power of the keys nor as yet was any of them the disposer of Empire or Kingdom At the same time also it was agreed that all the Head-men of the City as well Ecclesiastical as Secular should give their Oath of Fidelity unto the Emperour 2. That his Missus should dwel in the Palace of Saint Peter to decide Pleas amongst them unto whose entertainment was allotted a part of the former Emperour's Patrimony 3. If any man's cause was perverted by the ordinary Judges and that man did implore the aid of the Missus or Emperour's Commissioner for justice and the Missus did adjure the Princes of Rome saying By the faith ye ow unto my Lord the Emperour do this man Justice then none should dare to decline unto the right hand or left although the wrong were done by any of the Pope's kinsmen 4. That the mulcts which were exacted of any guilty person should be equally divided betwixt the Emperour's Missus and the Pope's Missus 5. If any goods fell under escheit they should appertain unto the Church without an express gift of the Emperour Continuato Eutrop. Catalo test ver lib. 8. And all this right was not sufficient unto King Charls nor did he injoy it without contradiction for Crantz in Saxon. lib. 2. cap. 8. saith The envy of this assumed name the Emperour of Constantinople not dissembling it did Charls overcome with much money and he did prevail against their contumacy by his magnanimity wherein he did excel the Greeks not a little and he sent many Embassadours unto them saith Baron ad An. 800. § 7. especially he sent unto Irene not only to treat for peace but sought her marriage that so he might confirm his Title She did admire the man's fortune and was willing saith Zonar But before his Embassadours came the second time into Constantinople the people when Irene was lying sick did Crown Nicephorus on the first day of Novemb. An. 802. and he compelled her to renounce the government and shut her into a Monastery Then saith Bergomas ad An. 796. he renewed the League that Irene had made before with him Sigonius saith They agreed on a League with expresse condition that Venice should be free betwixt the two Empires In the mean time Nicephorus was molested by the Sarazens and was forced to agree with them upon hard conditions and also was troubled by the Bulgarians over whom he had once great Victory but when he refused all conditions of peace they gathered
baptisme pennance and sacrament of the altar little or nothing differing from the Church of Rome 3. he declareth that the cause of our justification is the only mercy of the Father promised freely unto us for his son Christs sake and for the merit of his passion yet good works are necessary with inward contrition charity and other spirituall graces and good motions that is when wee have received remission of our sins or are justified we must give obedience unto God in observing his Law 4. he commandeth pastors to teach their people that images should not be worshipped and are but representers of vertue and good example and therefore no incence knieling nor offering should be done unto them 5. Saints are to be praised or Christ is to be praised in them for their graces and good example that they have left unto us but wee obtain all grace by the only Mediation of Jesus Christ and of none other 6. concerning ceremonies as holy vestures holy water bearing candles on Candlemes-day and some such others he admits them to be good so far as they put men in remembrance of spirituall things but so that they contain in them no power to remit or take a way sin c. There he addeth other iniunctions specially he causethto translate the Bible and commandeth all priests to have a Latine and English Bible lying open in their parish-churches that whosoever pleaseth may read them Then diverse images were demolished An. 1538 especially the most notable stocks of idolatry at Walsingham Worchester ... which had devices to role their â—ies and to stirre other parts of their body and many other false juglings wherewith simple people had been deceived all which was then made known and destroyed Jo. Foxe in Acts. In the same year followeth the ruine of all religious as they had been called houses by advice of the same L-Cromwell Lord of the privy seale So that all friers Nuns and sects of religion were rooted out of England to the number of 645. Abbeys priories and Nuneries and by Act of Parliament their lands did return to the heirs of the first Donours All that time Steeven Gardener Bishop of Winchester so dealt with the king by representing unto him the grudge of his subjects for rejecting the pope and for his dealing toward his wifes he had then married Anna Sister to the Duke of Cleve An. 1539. and for these his late doings that he persuadeth him for taking away suspicion of heresy to consent unto the burning of John Lambert yea Gardener prevaileth so that the king hearkned no more unto L. Cromwell but contrariwise he beheaded him and Walter L. Hungerford July 28 An. 1540. Tho. Cooper He made an Act discharging the Translation of the Bible made by W. Tindall and restraining the authorized Translation with many limitations An. 34. Henr. VIII It came then to passe that the estate of Religion seemed more and more to decay and popish injunctions were authorized establishing Transubstantiation vowes of chastity private Masses and auricular confession and forbidding communion in both kinds and marriage of priests wherefore some said Henry had forsaken the Pope but not popery and he annulled not those former Statutes Such was the craft of the venemous serpent But God raiseth up some good instruments for Thomas Cranmer archb of Canterburry resists Gardener and the Counsel of England was divided some were for the old Religion and some for the Reformed and Statutes of both sorts were in force So in one day at Smith field An. 1541. Gardener with his faction for refusing his articles caused burn three godly men Do. Robert Barnes Tho. Garret Will Jerom priests and Tho Cranmer with his side caused hang drawe and quarter other three Ed. Powell Ric. Fetherston Tho. Abell for denying the kings Supremacy and maintaining the Bishop of Rome's authority Jo. Foxe in Acts. A stranger beholding these said Good God how can men live here on the one side Papists are hanged and on the other anti-papists are burnt The people were brought marvelously into doubt of Religion All the number of them which suffered in England for maintaining Papacy which was called Treason wer 24 persons but of the other sort many were burnt and so many were imprisoned the same year that room could not be found in the prisons of London and many were kept in other houses by intercession of the L. Chanceller Audley many of them were given to the custody of Noble men where they were used favourably In that year Henry was divorced from his fourth wife by Sentence of his Clergy which did hate her for Lutheranisme as they spoke yet with her own consent and within a month he married Catherin Howard a brothers daughter of the house of Norfolk the next year she was accused of adultery with Tho. Culpeper and beheaded in the Tower with Jane Lady Rocheford as accessory unto her deeds After that Henry began to misse his good Counseller L. Cromwell and to perceive the scope of Gardener he wrote unto Archbisbop Cranmer to reforme pilgrimages and idolatry and he permits to eat flesh in Lent pretending a civill respect and the benâ—fite of the people But bloodie Gardener â—easeth not from persecution and burnt in one fire Ro. Testwood Ja. Filmer Jo. Marbeck and Antonie pierson at Winchester An. 1543 and great numbers at Calice amongst whom was the abovenamed Alex. Seton The Commissioners of this bloody Inquisition were restrained by the Lords of parliament An. 1545 that no inditements should be received against any person but by the oaths of 12. men at least of honesty credite and free of malice Item that no person should be put in ward before his enditement were heard judged except at the Kings speciall command Item An. 35. Henr. VIII c. 16. it was enacted that the king should have full authority to appoint 16. of the clergy and 16 of the Temporalty to peruse and examine the canons constitutions and ordinances Provincial and Synodal and according to their discretions with his Royall consent to setle and establish an order of Ecclesiasticall lawes to be observed in time coming in all spirituall courts As these Acts did in some measure shew the mind of the King so Gardener ceaseth not yea he spareth not the godly Lady the Kings sixth wife and sent to apprehend her but by her wisedom and submission unto the King she was saved out of the butchers handes In a word Henry was much led by his Counsellers he died in January 1547. When he saw death approaching he nameth his son Edward to be his heire and failing him he appointeth the Crown unto Mary and failing her unto Elisabeth he appointeth 16. Counsellours as Governours of his son amongst whom were Th. Cranmer and Gardener but afterward he caused to blott out Gardeners name because said he he would trouble all the rest he is of so turbulent a spirit The chieff of these Counsellers was Edward Seymer Earle of Herford uncle to king
Counsell Nobility and Commons to be the only Heire and was crowned January 15 with many glad hearts all the Bishops except Owen Bishop of Carlile refuse to perform the solemnities of the Coronation because of her Religion At her coronation she did secure the kingdom by oath that she shall not marry a stranger nor would she make open declaration what doctrine she would follow only she set free all the prisoners for Religion many hundreds and promiseth that when she shall be established in her governement to establish religion by advice of Parliament and of learned godly men and causeth it be proclaimed that in the mean time none shall alter any ceremonies unless it be according to the rites of her own chappel and these were as it was ordered in her fathers time Speed Cambden She sendeth to make account unto the Pope of her assumption He answereth That kingdom was held in fee of the Apostolick See and it was her presumption to vsurp the name of Queen without his knowledge therefore she deserveth not to be heard unless she renounce her pretensions and submit herself unto his free disposition This soundeth harsh both to her and to the counsel therefore she will treat no more with him PeSoave in conc Tride Then knowing the difference of opinions in religion among her â—ubiects and willing to satisfie both parties according to reason she calleth a Parliament and by common aduice appointeth a Conference of eight persons on either side that after debating of reasons they might come to an happy agreement The persons were named the day appointed the questions were for the first concerning the vulgare tongue in Divine Service and the communion under both kindes order was prescribed that for avoiding heat of contention they shall not dispute by word but both parties shall write their reasons and give them in the first day and answers shall be prepared against the next day and all to be in English that every one may receive information Both parties were content But when the day was come the Papists alledge they understood not the ordinance concerning the disputation in write and they will dispute by voice only The second day they were pressed more instantly but as despising authority nor regarding their own credite or rather being convinced in their consciences they still refuse The third day both parties were required â—o produce their books and opinions All the Popish party excep the Bishop of Westminster plainly deny to let their books be read some spake unreverently even of excommunicating the Queen Sir Nicolas Bacon Lord Keeper and Nicolas archb of York were named by the Parliament to be Iudges of the Conference they take this carriage as a contempt both of Nobility and Commons as also of her Roiall Majesty Then the Bishops were required to give their oath of allegiance and Supremacy as in King Henry VIII time They refuse this also Wherefore the Bishop of Winchester who had shewed more folly than others was committed to the Tower afterwards he was set at liberty Boner Bishop of London who was the chief butcher in Mary's time was committed to the Marshall-sea some fled out of the Country and others were charged to answer before the Counsell some were confined not one more imprisoned and all the exiled bb and others in Q. Mary's time were recalled Franc. Mason Lib. 3. c. 1. A Parliament was held at Westminster where was much debate in matter of Religion and hote study on both sides In the goodness of God the Gospell had the upper hand the hope of the Popish falleth their rage is abated the supremacy of the Pope is denied the bloody Statutes of Q. Mary are repealed popish bb were deposed and good men put in their rooms the Masse is abolished altars are appointed to be removed and tables set for them the zeal of many pulling down the altars before that Act was approved Jo. Foxe in Acts. In a brief view behold the hand of God toward her afterwards 1. The king of France pretending right by his Queen Mary intended to inuade England but he was taken away II. Philip king of Spain sought her in marriage she abhorred that because he had married her Sister Therefore he sought to match her with Charles son of the Emperour Ferdinand but to the end he might bring the Nation to the house of Austria and because She refused he became her utter enemy yet to her greater glory 3. An. 1562. Arthur Pool of the house of York intended to bring an Army from France into Wales but he and his confederates were discovered before the execution of the plot and were condemned 4. As before the French king so again Philip sought â—ft that the Popes would accurse her that so he might have pretext to inuade her kingdom God hindered Paul 4. and Pius 4. from decerning it and more followes VI. In Aprile An. 1558. Walter mill priest of Lunan in Anguise was VValter mâ—ll martyr accused by the Bishop of Santan drews for leaving the Masse and that therefore he and John petrie priest at Innerkilor were condemned by the late Cardinal to be burnt wherever they should be apprehended Walter answered I served the Cure there before the Cardinals time 20. years with the approbation of all the parishoners but when the furious Cardinal persecuted mee and many more for the preaching of Godsword I was constrained to keep myself quiet and I went about reproving vices and instructing people in the grounds of Religion for which cause now I am taken When he was brought to triall in the Church before the Bishops of Santandrews Murray Briechin Caitnes the Abbots of Dumfermlin Lundors Balmerino and Couper and many Doctors of the University he looked so feeble partly by age and partly by hard usage that it was feared none could hear what he would answer yet he delivered his mind with such courage that his enemies were amased At first he kneeled to pray Andrew oliphant a priest said Sir Walter mill get up and answer for you keep my Lord here too long He continued yet praying and when he arose he said I should obey God more than man I serve a mighter Lord then your Lord is and whereas you call mee Sir Walter they call mee Walter and not Sir Walter I have been too long one of the Popes Knights now say what you have to say Oliphant asked What thinkest thou of priests marriage He answered I think it a blessed bond ordained by God approved by Christ and free to all sorts of men but yee abhor it and in the mean while yee take other mens wives and daughters yee vowe chastity and keep it not Oliphant sayd Thou sayst that there are not seven sacraments He answered Give us baptisme and the Lords Supper take yee the rest and part them among you Oliphant Thou saist the Masse is idolatry He answeres A Lord sends and calleth many to a dinner and when it is ready he tolleth the bell
all the conditions but craves this as a favour only or at least that they will permit the Masse there before or after noon They answer They will never yeeld that the Masse enter there again or if violence shall be used they must suffer and use the next remedy Then another device was invented the French Captains and Souldiers made their walks in time of prayer and preaching and did laugh and talk all the time that the preachers could not be heard This was patiently disgested knowing that they sought an occasion of trouble In Lieth they cut the pulpite into pieces and set up the Masse and in the Abbey-church by force they hindred the Common prayers and wheresoever they came they made disturbance and withall they dispersed a rumor both in France and in the Country that the Congregation intends an open rebellion and to set up Lord James in place of the lawfull Queen At the same time letters were brought from the King and Queen unto L. James full of exprobrations and menacings Ere the Letters were delivered the Lords had drawn up a third band at Sterlin August 1. in this manner Wee foreseeing the craft A third bâ—nd and slight of our adversaries who try all wayes to circumveen us and by privy means intend to assault every one of us particularly by fair heights and proâ—â—ses thereby to separate us one from another to our utter ruin and destruction For remedy thereof wee faithfully and truly binde us in the presence of God and as wee tender the maintaining of true Religion that none of us shall in time coming pass to the Queen Dowager to talk or commune with her for any Letter or message sent by her unto us or yet to be sent without consent of the rest or common consultation thereupon and how soon either Writing or message shall come from her unto us with all diligence wee shall notify the same one to another so that nothing shall proceed there in without common consent of us all And because they had observed that the Regent and Bishops intend nothing but deceit they resolve to seek the aid of Christian Princes if they shall be any more pâ—rsued and first they would begin with Queen Elisabet as nearest and of the same Religion and sent two Messengers into England They appoint the next meeting at Sterlin September 10. and go to their own houses for the most part Now what were the contents of the Kings Letters which for brevity I omit may appear from the answer of Lord James which is L. Iames his Letter to the King thus SIR my most humble duty remembred Your Majesties Letters I received from Parise July 17. importing in effect that your Ma. doth marvell that I being forgetfull of the graces and favours shewed mee by the King of bl memory your Ma. self and the Queen my Soverain have declared myself head and one of the principall beginners of these alledged tumults and seditions in these parts deceiving heerby your Ma. expectation in all times had of mee with assurance that if I do not declare by contrary effect my repentance I with the rest that have put or yet put hand to this Work shall receive that reward which wee have deserved Sir It grieves mee very heavily that the crime of ingratitude is laid to my charge by your Ma. and the rather that I perceive the same to have proceeded of sinister information of them whose part it was not to have reported so if true service past had been regarded and as for repentance and declaration of the same by certain effects that your Ma. desireth I shew my conscience persuades mee in these proceedings to have done nothing against God nor the dutifull obedience toward your Ma. nor the Queen my Soverain Otherwise it should not have been to be repented and also it should have been repented already according to your Majesties expectation of mee But your Ma. being truly informed and persuaded that the thing which wee have done makes for the advancement of Gods glory without any manner of derogation to your Majes due obedience Wee doubt not but your Ma. shall be well contented with our proceedings which being grounded upon the commandement of the eternall God wee dare not leave the same unaccomplished only wishing and desiring your Ma. might know the same and the trueth thereof as wee are persuaded in our consciences and all them that are truly instructed in the eternall word of our God upon whom wee cast our care from all dangers that may follow the accomplishment of his eternall will and to whom wee commend your Ma. beseeching him to illuminate your heart with the gospell of his eternall truth to know your Majes duty toward your poor subiects Gods chosen people and what you ought to crave justly of them again for then wee should have no occasion to fear your Majes wrath and indignation nor your Majes have suspicion of our obedience The same God have your Ma. in his eternall safeguard At Dumbartan August 12. 1559. This Letter was delivered unto the Regent she opened it and having read it said So proud an answer was never given to King nor Princesse and Buchanan saith but contrarily many did judge it within the bounds of modesty especialy where he was upbraided with graces and favours whereof he had not received any but such as were common unto all strangers At that time came a thousand souldiers from France to Lieth and reporte that moe were coming and the Earle of Arran eldest son to Duke hamilton came thorough England having heard in France that the Cardinall of Lorrain the Qeen Regents brother had said in the Parliament of Paris as he was inveying against the Protestants that they shall shortly see punishment executed on some who is in honour equal to Princes and calling to minde that lately he had spoken freely with the Duke of Guise in the cause of Religion came away privately and after his departure his younger brother was apprehended and imprisoned And he dealeth with his father to forget old quarrells and joyn with the Lords of the Congregation and so both came to the meeting at Sterlin Where the Lords understand that the Queen was fortifying Lieth for a Magazin and a safe haven for receiving French ships as again 2000. men were landed under the command of Mon. de la Bross and with him the Bishop of Amiens under the colour of Ambassadours When these were come the Regent was heard say Now shall I be avenged on the enemies of the Saints and of Authority And the French men began to brag as if all were their own one was called Monsieur de Argile another Monsieur Le Prior c. and the indwellers of Lieth were put forth both Protestants and Papists And nevertheless the Regent caused to make a proclamation that she intendes not to violate the Appointment in the least point but only to preserve peace and dutifull obedience if the Congregation will likewise keep
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
that the Masse and the opinions which they teach the people concerning it be laid to the square of the first institution that the world may know whither their teachers had offended or not in that which they have affirmed whither the action of the Masse be not expressely repugnant unto the last Supper of the Lord Jesus whither the sayer of it commit not horrible blasphemy in vsurping The sayer of Masse is a blasphemer upon the offices of Christ Al. Anderson denied that the Priest takes upon him Christs office A masse-book was brought and it wat read out of the beginning of the Canon Suscipe Sancta Trinitas hanc oblationem quam ego indignus peccator offero tibi vivo Deo et vero pro peccatis toâ—ius Ecclesiae vivorum et mortuorum Then said the Minister If to offer for the sins of the whole Church be not the proper office of Christ only let the Scripture judge and if a vile man whom ye call priest proudly takes the same upon him let your own books witnes Al. Anderson said Christ offered the propitiatory and none can do that but we offer the remembrance It was answered We praise God that yee deny a sacrifice propitiatory in the Masse and we offer to prove that in moe than an hundred places of your Papisticall Doctors it is affirmed that the Masse is a sacrifice propitiatory But whereas ye alledge that yee offer Christ in remembrance we aske first Unto whom do yee offer him and next By what authority are ye assured of well-doing In God the Father falleth no oblivion and if ye will shift and say that ye offer not as if God were forgetfull but as willing to apply Christs merits to his Church we demand of you What power and commandement have ye to do so We know that our Master commanded his Apostles to do what He did in remembrance of him and plain it is that Christ took bread gave thanks brak the bread and gave it to his disciples saying Take eat ..... here is a command to take and eat to take and to drink but to offer Christs body either for remembrance or application we find not and therefore we say To take upon you an office which is not given unto you is uniust vsurpation and not lawfull power Then Alexander vseth some words of shifting but the Lords require him to answer directly Then said he I am better acquainted with philosophy than with Theology Then John Lesley then Parson of Vne and immediatly was sent by the Bishops and their faction to be agent in their business with the Queen and thereafter was called Bishop of Rosse was demanded to answer unto that argument After some litle pause he said If our Master hath nothing to say unto it I have nothing for I know nothing but the Canon-law and the greatest reason that ever I could find there is Volumus and Nolumus The Nobility seeing that neither the one nor the other would answer directly say Wee have been miserably deceived for if the Masse may not obtain remission of sin to the quick and to the dead wherefore were all the Abbeys so richly doted and endowed with our lands Hereby it is clear as also by what is written of the Parliament that the Papists had liberty to plead for their Religion and were required to say what they could not only with safety and assurance of protection but they did appeare and shew their weakness At that time the book of Discipline was not allowed nor reiected but delayd and thereafter it was approved by the Counsell for their own part but not authorised and some additions were noted and this provision expressely added That the Bishops Abbots Priors and other Beneficed men who had already adioined them unto the Religion shall enioy their benefices during their lives they upholding and sustaining the Ministery and Ministers for their part The issue of this provision was many Church-men gave away and sold their Manses gleebs tyths and other things to the prejudice of the Church so that the entertainment of Ministers was very small in many places nothing at all and the gleebs could hardly be recovered XIII At Edinburgh December 20. An. 1560. was the first Nationall assembly where conveened the Ministers and Commissionares from Shires The first assembly of the Church and Burghs about the number of 44. persons 1. They designe Ministers and Readers unto severall parishes throughout the Countrie 2. It was appointed that in time coming the election of Minister Elders and deacons shall be in the publick church and premonition to be on the sunday preceeding 3. It is found by the law of God marriages may be solemnized betwixt parties of the second or third degrees of consanguinity and others that are not prohibited by the word of God and therefore to desire the Lords and Estates to interpose their authority and make lawes thereupon 4. It is appointed that for punishment of fornication the law of God be observed and these shall make publick repentance which vse carnall copulation betwixt the promise and solemnization of their marriage 5. that earnest supplication be made unto the Estates of the realm and to the Lords of Secret counsell that all Judges ordinary and Judiciall Officers as Lords of the Session Shireffs Stewarts Balives and other ordinary Judges be professours of the trueth according to the word of God and all Ministers of the word to be removed from such Offices according to the Civill law 6. To supplicate the Parliament and Secret Counsell that for eschuing the wrath of the Eternall and removing the plagues threatned in His law Sharp punishment be ordained against idolaters and mantainers thereof in contempt of Gods true Religion and Acts of Parliament namely which say Masse or cause it to be said or are present thereat And a catalogue of their names is writen They appoint Comissioners to attend the Parliament if any shall be called with these supplications It is to be observed from the fift Act that Ministers of the word were forbbidden to be Judges in Civil causes which is against the former practise when Bishops and other prelats were Lords of Parliament and sat in Civill Courts No Parliament was called as was expected but a Convention of Estates was appointed to be in May before which time Papists resort to Edinburgh in great numbers and began to brag of their power The Commissioners which were appointed In a Convention of the Estates An. 1561. Papistry is again forbidden by the Assembly of the Church conveen May 17. An 1561. and draw up these articles to be presented unto the Convention that idolatry and all monuments thereof should be suppressed throughout the realm that the sayers maintainers and heareâ—s of the Masse should be punished according to the Act of Parliament 2. That câ—rtain provision be made for maintenance of the Superintendents Ministers and Readers that Superintendents be planted where none are That punishment be appointed for
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
before as followes But mark the different spirits and Genius of these two Archbishops Grindal and Whitgift appearing in their Letters that were directed unto one and the same person This is that Do. Whitgift who bandied and rebandied with Thomas Carthwright The Supplication or Admonition unto the Parliament in the year 1571. whereof hereafter and in defence of Episcopacy and al the other enormities made use of that invincible cannon The Royall power and pleasure And for his arguing thus it was the Royall power and pleasure to make him Archbishop of Canterburry even when Grindal was alive but such was his modesty that he would not accept it untill the old man under restraint was dead Observe then Some Ministers will be ambitious and superstitious and impute all the disorders of the Church unto Royall power and pleasure Pause a little and we will heare another song When men are obstupefied with this Medusa's head the Prelats will chant Episcopacy is De Jure Divino and No Bishop no King and authority may be enchanted to believe it And then the old common tune may be heard again Ego Rex meus as Wolsey Archbishop of York sang in former times or the tune of Canterburry You may not meddle with churchmen how ever they live or whatsoever they do as Thomas Becket said to King Henry II. or the tune of Whinchester I summon you to appear and answer in our Synode as Bishop Henry of Bloys said unto his Brother King Steven Who desireth to know those more particularly may find them and more in the Antipathy of English Lordly prelacie both to Regal Monarchy and Civill unity written by William Prynne Part. 1. 2. Ann. 1641. Neither will they rest here but they will averr If no Bishop then no Presbyter and no Sacrament and consequently no Church And so both King and Church are established upon Episcopacy What loyal heart or who fearing God will not oppose such birds in the shell What remaines but to say plainly Episcopacy is the Rock on which State Church are built Certainly a ground-stone that beares so vast a burden as the security or rather the Beeing of both State and Church must have a fast and sure foundation But where shall we find that foundation Not in the Scripture unless we admit Popish miss-interpretations And if these be admitted we may not stay there but foreward another step and that is known to wit The Pope is the Rock Pope Gregory I. did not suspect what mischief was to follow upon his Masse nor did Hazael know what he was himself to do but let every man look to the tendency of such Tenets 11. The Nationall assembly of Scotland conveens at Edinburgh Juny 25 The assembly VII An. 1564. By voices John Willock is continued Moderator Many Noble men were in the town but very few came the first day wherefore many said they wondered why it was so Lundy of that ilk said I wonder not at their absence but rather that at the last assembly they drew themselves apart and drew away some Ministers and would had them to conclude things that was never propounded to the publick assembly which is prejudiciall to the liberty of the Church therefore my judgement is that they be informed of this offense which many have conceived of their former acting and that they be humbly required that if they be Brethren they would assist their brethren with their presence and Counsell for wee had never greater need Or if they be minded to fall back from us it were better wee knew it now than afterwards All the assembly agreed and gave commission to certain brethren to signify the mind of the assembly unto the Lords which was done the same day The next day came the Duke Earles Argyle Murray Morton Gleincairn Marshall the Officers of State But they drew themselves apart as before and sent M. Geo. Hay Minister of the Court to require the Superintendents and some other Ministers to come and confer with them The Assembly answereth They are now conveened to deliberate on the common affaires of the Church and they could not spare such men whose judgement is necessary nor was is it expedientâ— that others should sit without them as it were idle and therefore as they have told them before if they acknowledge themselves members of the Church they should joyn with others and propound in publick what they thought good and shall have the assistance of all but to send a part more hurte and scandall might arise than profit or confort unto the Church seing it is to be feared that all will not be content with the reasonings and conclusions of a few They gave this answer because the Courtiers had endeavoured to draw some Ministers into their faction and to have sustained their opinions arguments When the Lords perceived that they could not prevail by that means they return and purge themselves that they never meant to divide themselves from the Church but only because they had certain Heads or articles wherein they crave some conference yet so that no conclusion shall be taken nor vote required till the propositions and reasonings were heard and considered by the whole Body Upon that condition three Superintendents and four Ministers were directed unto them and because their questions did especially concern John Knox they called for him and they had long debates upon these points 1. That subjects have delivered an innocent from the hands of their King and therein had not offended God 2. Subjects have refused to smite innocents when the King had commanded and in so doing denied not just obedience 3. Subjects stricking an innocent at the command of their King are murtherers before God 4. God hath not only of a subject made a King but had armed subjects against their King and commanded them to take vengeance upon him according to His Law 5. Gods people have execute Gods law against their King having no more regarde unto him in that behalfe than if the had been a subject They could not agree in these points nor was any of them propounded in publike In Sess 3. Commissioners were appointed to present unto the Lords of the Secret Counsell the articles following and report answer unto the present Assembly and if need shall bee to reason with the Lords upon these articles 1. That according to the Acts of Parliament before her Majesties return as also conform to her Majesties promise after her arrivall Christs true Religion be de novo approved ratified and established throughout all the realm and that all idolatry especially the Masse be abolished over all so that no other face of religion be permitted And for the same effect that the Ministers be provided by a sure appointment where they shall receive their livings alswell for the time by past as for the time to come and not to live as beggars as presently they live 2. To desire and with all humility to require that transgressors of the ordinances
entertainment of their Ministers and the â—uperplus thereof if any shall by to bee distribute unto the poore and hospitalls within the burgh as the almes of Minister and elders thereof 1566. The XI Assembly IV. In Marth An. 1566. arose more strife twixt the King and Queen for killing David Rizio her Secretary and Juny 19. she was deliver of a sone Juny 25. the Nationall assembly conveenes in Edinburg by plurality of voices J. Erskine is continued Moderator A supplication was sent unto the Lords of Counsell and Session that no excommunicate person have process before them untill they be reconciled unto the Church especially when excommunication is notorious and objected against them II. Paul Meffan came and openly with great expression of grieff for his adultery craves to be absolved from the sentence of excommunication he is conforted and ordained to declare his repentance in some churches and the next assembly shall decerne III. In respect of the dangers where The later Confession of Helvetia is approved with this Church is assaulted by mighty enemies the Assembly ordaines a publick fast in all the Churches Some mo particulares were handled The Churches of Helvetia Geneva and other Reformed Churches in France and Germany sent unto the Church of Scotland the sum or Confession of faith desiring to know if wee agree in uniformity of Doctrin Wherefore the Superintendents together with many other most qualified Ministers conveen in September at Santandrews and having read the Letters and Confession sent answer that wee agree in all points with these Churches and differ in nothing from them except that wee assent not in keeping festival days seing the Sabbothday only is keeped in Scotland Decemb. 17. Prince James was baptized in Sterlin in time of the solemnity the Queen subscribe a writing for mantenance of the Ministers by assignation of a part of the thirds of Benefices The Nationall assembly conveened Decemb. 25. at Edinburgh John Erskin is continued Moderator 1. The assignation The XII Assembly granted by the Queen is delivered by Alexander called Bishop of of Galloway and at that time Lord of the privy Counsell The answer of the assembly is They having just title to crave their bodily sustentation at the hands of the people which heare the doctrine of salvation from them they are content with what it will please them to give for their sustentation thogh it were but bread and water nor will refuse nor desist from their vocation but to take from others against their will whom they serve not they judge it not their duty nor reasonable And the assembly protests that the acceptation of that assignation shall not prejudge the liberty of the Church to suit the patrimony thereof in time and place convenient Then it was demanded Whither the tiths appertaine properly unto the Church and should only be employd to the sustentation of the Ministers of the poore mantaining of schools repairing of churches and other godly uses at the discretion of the Church Answered affirmativè without contradiction Then it was demanded Whither Ministers may with safe conscience keep silence when the patrimony of the Church is most unjustly taken up and wasted on vain things by these that have no office in the Church and in the mean time the ministry failing for necessity the poor perishing for hunger and churches falling to the ground Answered they should not be silent but earnestly admonish every man of his duty Thirdly Whither the Church men may require all possessors to pay tiths unto the Church only and inhibite all others to intromet therewith Answered After due admonitions used and no obedience following they should use the censure of the Church 2. Albeit the Church wanted not their own troubls yet they were not unmindfull of the affliction of Jacob elswhere and especially their afflicted Brethren in England as witnesseth this Letter sent by this Assembly with Jo. Knox The Superintendents with other Ministers and Commissioners of the Churches of God in the Kingdom of Scotland unto their brethren the Bishops Pastors of Gods Church who have renounced the Roman Antichrist and do professe with them the Lord Jesus Christ in syncerity desire the perpetuall increase of the Holy Spirit By word and writ it is come to our knowledge Reverend Pastors that diverse of our deare Brethren of whom some are the best learned within that realm are deprived from ecclesiasticall function and forbidden to preach and so are hindred by you to promote the kingdom of Jesus Christ because their conscience will not suffer them to take upon them at command of authority such garments as idolaters in time of blindenss have vsed in their idolatry which bruit can not but be dolorous unto our hearts mindefull of that sentence of the Apostle If yee bite and devour one another take heed lest yee be consumed one of another Wee intend not at this time to enter into the ground of that question which wee hear is agitated with greater vehemency by either partie than well lyketh us to be accounted among things tha are simply indefferent But in the bowells of Christ Jesus wee crave that Christian charity may prevail in you wee say the Pastors and leaders of Christ's flock in that realm that yee do not to others what yee would not have others do unto you yee can not be ignorant how tender a thing the conscience of men is all that have knowledge are not alike persuaded your conscience reclaimes not at the wearing of such garments but many thousands both godly learned are otherwise persuaded whose consciences are continually strucken with these sentences What hath Christ to do with Belial what fellowship hathlight with darknes If Surplice cornercape and tippet have been badges of idolaters in the very act of idolatry what hath the preacher of Christian liberty and the rebuker of all superstition to do with these dregs of that Romish beast yea who should not fear either to take in his hands or forehead the print and marke of that odious beast Our brethren that of conscience refuse that unprofitable apparel do neither condem nor molest you that use such vaine triffls If yee shall do the like to them wee doubt not but yee shall please God and confort the hearts of many who are wounded by the extremities used against these godly welbeloved brethren Colour of rhetorick or humane persuasion wee will use none but charitably wee desire you to call that sentence of Peter to minde Feed the flock of God which is committed to your charge caring for it not by constraint but willingly not as if yee were Lords over Gods heritage but that yee may be exempls unto the flock And moreover wee desire you to meditate on that saying of the Apostle Give no offence neither to the Jewes nor Greeks nor to the Church of God In what condition of time yee and wee both travell in the promoting of Christs Kingdom wee suppose yee are not ignorant
choose Mathew Earle of Lennox who was grand father of the King to be Regent He with 5000. men keept the day at Lithgow for the Parliament but none of the adverse faction came In his time the troubles ceased not sometime by the mediation of Queen Elisabeth was a treaty twixt the parties but it was neither to her contentment nor would the Kings party yeeld any of his right and so the treaty had no effect yea and all the time the country had no quietnes They who were on the Queen's side had encouragement from France and Duke d'Alva Governor of Flanders and in the year 1571. both parties conveenes a Parliament the Queens party at Edinburgh and the Kings party at Sterlin where as in time of peace they keept not a watch which the other party hearing L. Claud hamilton came in the night time and took the Regent out of his lodging in September and when they saw others coming for his rescue they killed him with â— shot George Bell the chief adviser of this enterprice and Captain Lawder the murderer were taken and punished as traitors I returne unto the affaires of the Church The Assembly conveenes at Edinburgh July 5. The XIX Assembly An. 1570. Robert Pont is chosen Moderator 1. The Sentence of excommunication is directed against Patrick called Bishop of Morray to be executed by Ro. Pont Visitor there with the assistance of the Ministers of Edinb 2. Ministers at their admission shall protest solemly that they shall not leave their Vocation under rhe pain of infamy periury c. 3. Tryall should be taken of young children how they are brought up by their parents in the true religion therefore Ministers and Elders of every parishon should examin the children when they come to nyne years of age and when they come to twelve years and the third time when they come to 14. years that it may be known how they have profited in the schoole of Christ 4. Because some Noble men have made defection from the Kings lawfull authority certain brethren were directed to the Earls Lords and all which made that defection to deale with them with earnest persuasions of reconciliation with certification if they continue in disobedience the Church will use the sword against them which God in his word hath committed unto them And the Commissioners are to report their answers unto the next Assembly 5. James Carmichell Schoolmaster of Santandrews accuseth Rob. Hamilton Minister there of some points of doctrin delivered in a Sermon The Clark register and the Justice-Clerk and another Lord of the Session shew in the L. Chancellors name that he had heard of that controversy and it containes some points tending to treason and against the Kings authority and therefore they require that the Assembly would not decide in that matter concerning the Kings authority untill the Nobility conveen which will be within few dayes but in such things as concern heresy or properly belong unto their jurisdiction they may proceed Unto this protestation the assembly agreeth and went-on in discussing the complaint in so far as is concerned doctrine and slander that may arise thereupon But I finde not the particulars 5. Conceilers of adultery should be called and examined and if they be convict to have cloaked adultery wittingly let the Rule have place Agentes consentientes pari poená puniantur 6. Quaeritur A woman bringeth forth a child and in time of her birth before the midwife depones that such a man is the father of the child and being called before a Judge is ready to swear the same And that man is ready to swear that he had never carnall dealing with that woman and there is not other proof to which of two should credite be given Ans Neutri credendum 7. The Assembly gives commission unto certain Ministers Barons and Burgesses to compear at Edinburgh the twelth of the instant with continuation of dayes or whensoever the Nobility shall conveen before the time of the next Assembly To require humbly an answer unto their articles and supplications with redresse of their complaints according to equity To assist concurr and assent to all and whatsoever shall be treated in the foresaid Convention tending to the promoving of Gods glory the maintaining the true religion the Kings authority the common well and authority of the realm As also to take cognition in all complaints supplications and requests of brethren specially remitted unto them by this Assembly And whatsoever shall be done by them in the premisses to report the same unto the next generall Assembly which is appointed to be at Edinburgh March 5. next to come Promising to hold firme and stable whatsoever these brethren or any eight or seven of them thinks good in the premisses to be done 3. All assignations and pensions granted by the Church during their will to whatsoever person or persons before this Date are discharged except only what is assigned to the Kings use X. At Edinb March 5. conveenes the Assembly Ge. Hay is chosen 1571. The XX. Assembly Moderator I. All Superintendents Commissioners to visite Churches should bring their book of visitatâ—on unto every Assembly next following To be considered by such Brethren as shall be appointed by the Assembly that the church may the better know their diligence in executing their office II. Sixe Articles concerning the iurisdiction of the Church which are to be ptopounded unto the Regent and Counsell and sought to be approved by them 1. that the Church have the judging of true and false religion doctrine heresy and such like that are annexed to the preaching of the Word and ministration of sacraments 2. election examination and admission of them which are to be admitted to the Ministry and other functions in the Church to charge of souls and ecclesiasticall Benefices together with the suspension or deprivation of such for lawfull causes 3. All things concerning the discipline of the Church which standes in correction of manners admonitions excommunication receiving to repentance 4. The judgement of Ecclesiasticall matters betwixt persons that are of the Church especially that are of the Ministry alswell in matters of Benefices as others 5. Jurisdiction to proceed with admonitions to the process of excommunication if need shall bee against them that shall rob the patrimony of the church appartaining to the Ministry or other way intromet with it unjustly whereby the Ministry is in danger of decay by occasion of the poverty of the Ministers 6. Because the conjunction of marriages pertaines to the Ministry the causes of adherence and divorcement ought also to appertain unto them as naturally annexed thereunto III. It is ordained that adulterers and such other scandalous persons shall hereafter be called by the Superintendent or Commissioner of the Province to compear before their Synodall Conuention and there receive their iniunctions as before in the generall assembly 4. All questions should be propounded or represented to the Superintendents and
other parishoners without proclamation of bans to have strength against John Row and him to underly the censure enduring the Church's will 2. No collection for the poore shall be gathered in time of Sermon nor administration of the Sacrament but only at the Churchdoor 3. If any Minister reside not at the Church where his charge is he shall be summoned before the Superintendent or Commissioner of the Province to whom the Assembly gives power to depose him and ordaines that they report their diligence unto the next Assembly 3. All Superintendents Commissioners of visitation shall proceed summarily against all Papists within their Province and charge them within eight dayes to join themselves unto the Religion presently established by learning the Word of God and then by partaking of the Sacrament and to give their oath and subscribe according to the Act of Parliament and Acts agreed-upon betwixt the Regent Counsell and Commissioners of the Church and if any shall refuse to proceed c. 4. All Bishops Superintendents and Commissioners of visitation shall be present the first day of the Assembly before noon and continue untill the end Under pain of losing half of their stipend for a year and nevertheless to continue in serving during that time 5. Concerning the desire of the Lord Regent to place some of the learned Ministers Senators in the Colledge of Justice The Assembly after long reasoning hath voted and concluded that none is able to beare these two charges and therefore inhibites all Ministers that none take upon them to be a Senator except Robert Pont only who is already entred by advice c. 6. Five articles are presented by the Superint Ministers of Lothian to wit 1. All the Actes of the G. Assembly should be copied and sent to every Exercise 2. Such matters as fall out betwixt the Synodall conventions and the Generall Assemblies shall be notified to every Exercise twenty dayes before the Generall Assembly and be reported by them 3. Such matters as are referred by the subordinat assembly unto the Generall shall be penned faithfully by the Superintendent 's Clerk and reported unto the Generall assembly by the Superintendent 4. that the Generall assemblies be frequented by the Nobility and Barons as in former times 5. Ministers who have not money to buy books may at this time have them lowsed unto them by the Collector and the prices of them to be allowed in their stipends The Assembly ratifieth all these as profitable 7. Bishops Superintendents and Commissioners shall without delay purchase Letters commanding all men to frequent preaching and prayers according to the order established in particular congregations And to charge the Inferior Magistrat to put into execution the Acts concerning the observance thereof and for execution of disciplin and punishing of vice 8. If a man passe out of the country and leaving his wife shall marry another woman and his wife shall marry another man in his absence both are adulterers unless the sentence of divorcement hath been pronounced by the Judge Whereas in these Acts mention is made of Exercise it is to be marthat at that time Prsebyteries or Classes as others call them were not erected but the Ministers of a burgh and circumjacent churches did conveen of their own accord on a certain day of the week in the burgh and did preach publickly in the Church per vices for mutuall edification and manifesting the increase of their gifts and this meeting was called The Exercise The Assembly The 25. Assembly conveenes at Edinburgh August 6. Here were many Earles Lords Barons some Bishops Superintendents c. Alexander Arbuthnot Principall of the Coledge of old Aberdien is chosen Moderator 1. The books of Bishops Superintend and Commissioners of visitation were produced and certain Ministers are appointed to examin their diligence in visitation John Douglas Bishop of Satandrews was accused for admitting a Papist Priest into the Ministry to whom the Superintend of Lothian had prescribed certain injunctions and he had not obeied them for not visiting nor preaching that half year for giving collation of a Benefice which was before bestowd on a Minister to another suspect of Popery for suffering the Exercise to decay through his default for admitting some to function in the Church who were unable and not examined namely some coming out of Mers Lothian for visiting by others and not by himself He answered unto the first he admitted not that Priest untill he had recanted Popery openly in the Church of Saâ—tandrews The Assembly enjoynes the Priest to satisfy the injunctions prescribed in Lothian which he had not obeyd and in the mean time inhibites him to exercise any function in the Church To the next he answered He had preached personally where he did visite but â—or siâ—knes did not visite since the last Assembly And for other things he pretended ignorance or weaknes c. James Patoun B. of Dunkell was accused that he had accepted the name of a Bishop but hath not used the office of a Bishop he had not proceeded against Papists within his bounds he is suspect of Simony betwixt the Earle Argile and him concerning the profits of the Bishoprick yea and of perjury in that contrary to his oath at the receiving the Biâ—hoprick he gives Acquittances and the Earle receives the silver Alex. Gordon B. of Galloway iâ— accused that he intruded himself into the office of the Ministry within Edinb he enticed the people to rebellion against our soverain Lord he refused to pray for our Soverain and approved another authority he being forbidden by the G. Assembly to have any intromission with the parishoners of Haâ—â—rudhouse yet compelled them to receive the Sacrament and caused pretended Balies and men of war to compell the poore people being sworn by solemne oath unto due obedience unto our Severain and his Regent and authority he had brokâ—n his oath by sitting in the pretended Parliament for dispossâ—ssing our Soverain of his royall Crown autâ—ority he had given thanks publickly in pulpit for the slaugâ—ter of the Regent Mathew Earle of Lennox and exhorted the people to do the like â—â—e was a perverter of the people not only before the Reformation but at sundry other times He answered He was free of all these by the Act of pacification It was replied The States had not absolved him a Bishop from the censure of the Church in talibus So he was ordained under the pain of excommunication to make publick repentance three severail Sundayes one in the Church of Edinburgh another in Halâ—rudhouse and the third in the Queen's-colledge-church Robert Pont was accused that being Commissioner to visite Murray he resideth not there nor hath visited Churches these two years excep the chief four he hath visited once He alledgeth want of leisure because he was ordained to attend the Colledge of Justice Whereupon the Superintendent of Lothian moveth the question Whither it be lawfull by the Word of God that the administration of
present the Church is assembled according to the godly ordinance and looketh to have concurrence of their Brethren in all estates and wisheth from God that your Gr. and Lords of Privy Counsell will authorize the Church in this present Ass by your presence or by yours having your Commission in your Gr s and LL s names as members of the Church of God for as your Grs. persence and the Nobilities should be unto us most confortable it is most earnestly wished of So your Grs. absence is unto our hearts most dolorous and lamented whereupon followes the want of a great part of the menbers that can not well be absent from treating these things that appertain unto the Church policy thereof in assembly all together to be handled by advice of all and to which end the assemblies are appointed the authority whereof your Gr. knowes to be such as the contempt of it tendeth to the very dishonor of God And therefore as yee esteem yourselves to be members of Christ and of his Church shew the fruits thereof which it is not the least to â—oin yourselves unto the Church not only by hearing the word and receiuing the Sacraments but in conveening also with your Brethren the holy assemblers The which to do wee give you admonition in the name of the Lord extending this our admonition to euery person of whatever estate that are present with your Gr. and L L. and especially wee admonish the Bishops and such as are of the Ministry to ioyn themselves with us according to their duty Otherwise they will be thought unworthy the office they beare The time the Church will sit will be short and time would not be neglected and yet the Church is not so precise but that men may aâ—ter their presence given in the assembly have liberty as time requires to wait upon their lawfull business And this admonition wee give your Gr. with all reverence humility and chiefly in respect your Gr. by your own articles questions sent to the Church desireth first to be admonished charitably when soever offence ariseth before the same be otherwise traduced 5. Some were appointed topenne the heads of the jurisdiction of the Church and to present them unto the assembly 6. Concerning the jurisdiction of bishops in their ecclesiasticall function it is concluded that the same shall not exceed the jurisdiction of Superintendents which heretofore they have had and presently have And they shall be subject unto the discipline of the generall assembly as members thereof even as the Superintendents have been heretofore in all sort 7. No Superintendent nor Commissioner of planting churches shall give Collation of Benefice nor admit Ministers without the assistance of three qualified Ministers of their Province who shall give their testimonialls to the Superintendent or Commissioner subscribed with their hands in signe of their consent And likewise that no bishop give collation of any Benefice within the bounds of Superintendents within his Diocy without their consent and testimonialls subscribed with their hands And that Bishop within their Diocies visite by themâ—seves where no Superintendents is and give no collation of Benefice without consent of three well qualified Ministers as said is of Superintendents c. 8. Commissioners were appointed to conveen with the L. Regent and the Lords deputed by the Counsell To conferre and reason upon the heads of the jurisdiction and policy of the Church and other heads articles that shall be proponed by his Gr. unto them 9. Concerning the appointing of many Churches unto one Minister that the matter may be more plain the Church declares that howbeit sundry churches are appointed to one Man yet shall the Minister make his residence at one Church which shall be his charge properly and he shall be called Minister of that Church as for the others unto which he is nominat he shall have the oversight of them and help them so as the Bishop Superint or Commissioner shall judge expedient and occasion shall permit from his principall charge which he may no way neglect And this order to remain only whill God of his mercy send moe labourers into his harvest For clearing the history observe first by comparing what is done in this assembly with what is written immediatly before we see a variance betwixt this Regent and the Church This variance was not reconciled all the time of his Regiment It was for Episcopacy and the uniting of Churches and both these the Regent affecteth upon account of the Church-rents And Bishop Spotswood in the Histor Pag. 273. saith Nor left he any means unassayed that served to bring moneys into his cofers which drew upon him a great deal of hatred Secondly as the Bishops were intruded upon the Church unwillingly howbeit way was given for a time yet as they said in the Act of accepting them they delay not to curbe the Bishops both in their jurisdiction and conversation Thirdly when the Bishops were so hemmed-in they are not contented but seek to put away Superintendents as appeares by denying their stipends and the liberty of meeting in Assemblies and therefore this assembly do so much urge the authority and necessity of Assemblies Fourthly they alledge an Act of Parliament for assembling twice in the year certanly they would not have alledged it in such a manner if such an Act had not been but whither it was in the Queens time or in King James time it is uncertance because such an Act is not printed Fifthly because it was alledged in the end of the former year that the jurisdiction of the Church belongeth unto the Bishops therefore the assembly sets upon a constant policy of the Church and this was a work of some years as followes and the result was the Second book of Discipline Sixthly the Nationall Church was so far from barring the Supreme Magistrate and Counsellers out of the Assemblies as a railer against the Scots discipline hath lately vented in print either ignorantly or impudently that they did not only lament his and their absence but charged him and them in Gods name to be present c. And what was the practise after that time de facto it will appear hereafter The Assembly conveenes at Edinb August 7. here were Barons Bb. Superinten The 27. Assembly c. John Duncanson Min. at Tranent is chosen Moderator 1. Because Alexander Bishop of Galloway had not satisfied according to the injunction of the Assembly in the year 1573. John Brand Min. at Halirudhonse is ordained under pain of deprivation to excommunicate him if he satisfy not 2. If any Bishop Superintendent or Commissioner of visiting churches shall be found negligent or not to exerce their debtfull charge in visitation and teaching or be culpable in life he shall be censured according to the quality of the offence either by admonition publick repentance deprivation for a time or simpliciter 3. No Minister shall use or exercize the office of Collectory or Chalmerlanery under any
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
publickly read I. In the beginning of the Conference it was thought good that a Supplication be penned by the Assembly concerning those that shall vote in Parliament in name of the Church This is appointed to be penned by John Row and Robert Pont and be brought unto the Assembly on Mooneday II. Concerning the Observations the Assembly proceeds as followes In Chap. 2. the 3. article is agreed-upon conform to the conference In Chap. 3. the 7. article is to be further considered the tenth article is thought plain in itselfe Concerning the advice what censure shall be put to non-residents the Church thinks meet a civill law be craved decerning the Benefice to vaik for not-residence In Chap. 4. the 9. article agreed conform to the conference and desiring the penalty of persons excommunicat to be horning or caption by speciall act of Parliament to be executed by the Treasurer or others whom it will please his Majesty to appoint In Chap. 5. agreed with the two supplications desired In Chap. 6. the perpetuity of the persons of the Elders agreed conforme Here the book of the Assembly wants two leafes Then is some what of visitation of colledges schools and hospitalls and the book wants other two leafes Then concerning commissioners of countries or Provinces and other two leafes are wanting The next assembly is appointed to conveen at Edinb Octob. 24. The historicall Narration saith All that could be obtained in this Parliament was a Commission to conferre upon the Heads of the book the Commissioners which sought the ratification of it took this for a shifting seing the book was before allowed in the conference except four particulares wherein was no difficulty and were now explaâ—â—ed by the Assembly and therefore they craved that at last so many may be ratified as were agreed upon that was not granted for Morton was the chief leader in this Parliament In the assembly October 24. David Ferguson is chosen Moderator 1. The Noble men in the town are desired to be present 2. At The 36. Assembly the desire of the assembly came the Lord Chancelor the Earle of Montrose the L. L. Sâ—ton Lindsay It was shewd by the Moderator what care and study the church had taken to entertain and keep the purity of the sincere word of God unmixt with the inventions of their own heads which their speciall care was to reserve unto the posterity and seing true religion can not continue long without good Disciplin in that part also they have employd their wit study and drawn forth of the pure fountain of Gods word such a discipline as is meet to remain in the church this they have presented unto the Kings M. with their supplication at whose direction certain commissioners were appointed to reason with these who were appointed by the church there the wholl matter being disputed it was resolved and agreed except a few heads and thereafter being presented unto the Lords of the articles that the same disciplin might take place and be established by acts lawes of the realm but their travells have not succeeded praying therefore the Nobility present alswell openly to make profession to the assembly if they will allow and maintain the religion presently established within the realm as also the disciplin and policy already mentioned and to labour at the Kings and Counsells hands for answer unto the Heads after following that is that his Gr. and Counsell will establish such heads of the policy as were already resolved and agreed-upon by the Commissioners and cause the others to be reasoned and put to an end and that his Gr. and Counsell will restore the church unto the act of Parliament concerning the thirds and that none vote in Parliament in name of the church but such as shall have commission from the church for that effect and that presentations of Benefices be directed to the commissioners of countries where the Benefices lye And to the end the matter may be the better and sooner exped that their Lordships would appoint a time convenient thereunto as they may best spare that such brethren as shall be named may wait upon their Honours The Noble men answered that some of them had made publick profession of the Religion heretofore and all now declair they embrace the religion and shall maintain the same to their power and in the other particulares they think that supplication be made unto the King and Counsell and they will insist with the King for his answer and they will shew them to morrow the time for that effect 3. The act of the preceeding assembly concerning the suspension of Benefices the Assembly otdaines it to stand in full strength untill the next Assembly 4. James boid Bishop of Glasgow being required to submitt according to tâ—e Act of the last assembly gave his answer in write as followes I understand the name office and reverence born to a Bishop to be lawfull by the Scriptures of God and being elected by the Church and King to be Bishop of Glasgow I esteem my calling and office lawfull and as for my executing of that charge committed unto mee I am content to endeavour at my utmost ability to perform the same and every point thereof and to abide the judgement of the Church from time to time if I offend in my duty Craving always a brotherly construction at their hands seing the charge is weighty and the claimes to be layd to my charge are to be examined by the Canon left by the Apostle 1 Tim. 3. as that place was pointed unto mee at my reception thereby to understand the duties of a Bishop As for my living and rents and other things granted by the Prince unto mee and my successors for serving that charge I reckon the same lawfull As to my duty unto the Supreme Magistrate in assisting his Gr. in counsell or parliament when I am craved thereunto my subjection compelles mee to obey it and it 's no hurt but good to the Church that some of our number be at the making of good lawes and ordinances in the doing whereof I protest before God I intend never to do anything but what I believe shall stand with the purity of the Scriptures and a well reformed country As also a good part of the living which I possess hath been given for that cause This answer was read and after voting is judged not satisfactory and therefore he is oâ—dered to return after noon with better resolution Here the books of the Assembly want two leafes and it appeares thaet asupplication was sent unto the King and Counsell by these imperfect words following Vices universally abounding within this realm may be punished and bridled and to insist with convenient diligence with his Ma. Counsell for granting the premisses And to reporte 5. All that are now or hereafter shal be deposed from the Ministry for their offenses shall be charged by the commissioners of the bounds to dimitt their Benefice .... and if they
J. Christ correction of manners and administration of the holy Sacraments and declares that there is no other face of Church nor other face of religion than is presently by the favor of God established within this realm and that there be no jurisdiction ecclesiasticall acknowledged than which is and shall be within the famin Church or which flowes there from concerning the premisses 3. All markets and faires were forbidden to be keept on the Sabboth-day or in any Church or churchyaird so all handy-work on the Sabboth-day all gaming playing passing to taverns and aile-houses and wilfull remaining from their parish-church in time of Sermon or prayers and a pecuniall mulct layd upon the transgressours respective to be payd for the use of the poor of the parish 4. An Act was made concerning these who send their children out of country 5. Every housholder having lands or goods worth 500. pounds was obliged to have a Bible which at that time was printed in folio and a Psalme book in his house for the better instruction of themselves and their families in the knowledge of God 6. In the table of Acts not printed is mention of a Commssion anent the Jurisdiction of the Kirk the last part thereof Observe 1. The Parliament in the year 1560. is acknowledged to have been a lawfull Parliament 2. We may see that the disciplin at that time in the Church was authorised and ordained to continue Moreover what was the estate of the Church at that time wee may learn from an Epistle of Andrew meluin unto The. Beza dated Nouember 13. An. 1579. Wee have not ceased these fyue years to fight against pseudepiscopacy many of the Nobility resisting us and to presse the severity of discipline wee have presented unto his Roiall Majesty and three Estates of the realm both before and now in this Parliament the form of discipline to be insert among the Acts and to be confirmed by pulick authority wee have the Kings minde bended toward us but many of the Peers against us for they alledge if pseudepiscopacy be taken away one of the Estates is pulled down if presbyteries be erected the Rojall Majesty is diminished if Church-goods be restored unto the lawfull use the Kings treasury is emptied Seing the B. with Abbots and Priors make up the third Estate and all jurisdiction both ecclesiasticall and politicall belongeth unto the King and his Counsell and things ecclesticall should by their Sentence be adjudged unto the Kings treasure That they do speak or think so the cause in many is ignorance in others a wicked life and evill manners and in many a desire to catch the goods of the Church which yet remain or fear of losing what they have taken and what shall I say of that they hold that the Sentence of excommunication is not lawfull untill the cause be known by the Kings Counsell for they knowing their own guiltiness are feared for the Sentence of the Presbytery not so much for fear of Gods judgement as for terror of the civill punishments which by our lawes and practise do follow lastly whill they have regard unto the wisdom of the flesh more than unto the reveeled word of God they wish that all things should be carried in the name and at the beck of a Bishop or one perpetuall overseer and would have nothing administred by the common sentence of the Presbytery The Lord in mercy sweep away these evills from his Church This epistle is in Vindic. Philadelph Pag. 41. Immediatly before this Parliament the Duke d'Obigny afterwards styled Earle of Lennox came into Scotland towit in the last week of Septemb. as Spotswood shewes in Histor Pag. 308. Now if we conferre that time with what is written in that page his splene may appeare against the truth for he makes the Duke's coming to be a cause of variance betwixt the King and the Church at the Assembly preceeding where no difference was appearing but afterwards some what followes Jelousies and emulations were in the winter following among the Noble men as the Earle of Athol Chancelor was envied and died and others fled out of the Country but no variance did as yet appeare betwixt the King and the Church-men XVII In Aprile 1580. a Proclamation was made in the Kings name 1580. ex deliberatione Dominorum Consilii charging all Superintendents and Comnissioners and Ministers serving at Kirks to note the names of all the subjects alsweel men as women suspected to be Papists or ...... And to admonish them ...... To give confession of their faith according to the Form approved by the Parliament and to submit unto the disciplin of the true Church within a reasonable space ...... And if they faile ...... That the Superintendent or Commissioners present a catalogue of their names unto the King and Lords of the Secret Counsell where they shall bee for the time between and the 15. day of July next to come to the end that the Acts of Parliament made against such persons may be executed The Assembly conveens at Dundy July 12. here was the Laird of Lundy Commissioner The 38. Assembly from the King Commissioners c. James Lowson is chosen Moderator 1. Some spake against the Privy Conference as if tyranny and usurpation might creep-in by it and liberty were taken from other members nevertheless after reasoning it was judged expedient to continue 2. John Craig one of the Kings Ministers delivereth this Letter from the King Trusty and welbeloved friends Wee greet you well Wee have directed toward you our trusty friend the Prior of Pettinweem and the Laird of Lundy instructed with Our power for assisting with their power and counsell in all things that they may tending to the glory of God and preservation of Vs and Our Estates desiring you heartily to accept them and Our good will committed to them for the present in good part so wee commend you to Gods blest protection From our palace of Falkland July 11. 1580. 3. Forsomuch as the Office of a Bishop as it is now used and commonly taken in this realm hath no sure warrant authority nor good ground out of the Scriptures of God but is brought in by folly and corruption of mens inventions to the great overthrow of the Church of God The wholl assembly in one voice after liberty given to ail men to reason in the matter and none opponing himselfe to defend the said pretended Office Finds and declares the same pretended Office used and termed as is above said Unlawfull in itselfe as having neither ground nor warrand within the Word of God And ordaines all such persons as use or shall use hereafter the said Office shal be charged to dimit simpliciter quite and leave-off the same as an Office whereunto they are not called by God And to desist and cease from all preaching ministration of the sacraments or using any way the office of Pastors untill they receive de novo admission from the Generall assembly Under the pain of
Alex. Arbuthnot and James Lowson are appointed to consider of an order therein and to report their judgement 2. The first part is agreed unto and where are no Presbyteries the Commissioners are to continue for that effect as before 3. The Church hath named Commissioners 4. Ordaines to advise with the Clerk-Register upon an answer unto the Kings Letter 〈◊〉 5. Referreth the form to be conceived in writ by David Lindsay and Patrick Adamson betwixt eicht and nyne 6. It is agreed to be propounded The 7. is referred to the particular elderships and whensoever disputations may be had the Church thinks them good 8. The Acts of the assembly should be put into execution by the Presbyteries 9. Ordaines this article to be craved being first well qualified and so the 10. and 11. and 12. and also that the Church proceed against the violaters of the sabboth day and mantainers of them The 13. 14. are agreed 12. Because by the many divisions and deadly feades in all quarters of the realm not only is the word of God and true religion burdened with slanders but the Common wealth is enormly wounded and all good disciplin and order confounded ....... herefore the assembly enjoyneth certain persons in severall places to travell earnestly for reconciling the differing parties and to require them in the name of God to live in unity and peace as it becomes the members of one body ....... as they wold shew themselves sons of peace 13. The assembly gives commission to two Barons seven Commissioners of burghs and the Ministers of the Kings house and of Edinb with Ro Pont Da. Lindsay Pa. Adamson An. Melvin and seven others or any eight of them To present unto the Lords of the Artâ—cls of the Parliament such heads as shall be given unto them by the Church these heads and a supplication unto the King were read and allowed but are not in the Register only in Sess 22. ordaines a supplication to the King and Lords of the Articles that no Act be past in Parliament repugnant to the true word of God and namely concerning Bishops The Parliament began at Edinburgh October 24. where first was an Act ratifying all former Lawes and Acts made â—or the liberty of the true Church and religion presently professed within the realm and a particular enumeration of these Acts another Act for provision of Ministers and certain stipends for them at all parish-churches one against the dilapidation of the rents of Benefices that are provided to Ministers one that all Benefices of cure under Prelacies shall be given to Ministers only and all other gifts of them to be null one against blasphemy and oaths with penalties according to the quality of severall trausgressors one against them that passe in pilgrimage or superstitiously to wells chapells and crosses and the observers of papisticall rites one for explication of the Act against notorious adultery to wit it shall be judged notorious adultery where children one or mo are procreat betwixt adulterers or when they keep company bed together notoriously known or when they are suspect of adultery and thereby give slander and thereupon being duly admonished to abstain and satiffy the Church by repentance or purgation and contemptuously refusing are excommunicat for their obstinacy all and every one being in any of these three degrees are made lyable to suffer death Another Act was against all Papists practizing against the true religion by dispersing libels in praise of the Pope or seducing the people c. Observe 1. That in all time preceeding was no opposition or variance betwixt the King and the Church In the assemblies the Kings Commissioners consented unto their Acts and namely unto these concerning the Policy of the Church excepting that part de Diaconatu whereunto neither did all the Ministers consent and his Commissioner did consent unto the registring of the book of Discipline in the Register of the Assembly and the King appointed Commissioners to concur with the Deputies of the Assemblies in the constitution of Presbyteries before the framing and publishing of the second Confession of faith as at that time was not a Bishop in the church who was not subject unto the assemblies and presbyteries yea and they were emploied as deputies to procure and supplicate against the power of episcopacy But neither could the book of disciplin be established nor episcopacy be forbidden by Act of Parliament not for any respect of discontent against the book of disciplin or for any intention to restore episcopacy in the Church but meerly upon account of Civill interest and the main respect was the securing of possessions depending upon the title of Bishops 2. Observe that the first variance between the King and the Ministers was upon respect unto the Duke of Lennox and that was for two particulares one that when the Duke came into the country many Papists came also into the Country and Court and began to practize so that as Bishop Spotswood in The History Pag. 308. shewes the Papists assembling together in Paisley did in derision sing a Soule masse for the Ministers as if they and their religion had been utterly gone Wherefore the Ministers in their Sermons did regrate the countenance given to Papists in the Court and the dangers whereinto both the King and countrey were brought by the secret practises of the French John Dury and Walter Balcanquall were summoned to answer before the Counsell for this their liberty of speaking in their Sermons they obey and compear and alledge that the Counsell was not their Judge in such a cause The matter being notoriously known and regrated by many the Ministers were dismissed at that time In time of the Assembly as is before Walter Balcanquall had spoken again to the same purpose and when the gentle man was sent unto the Assembly but would not be the accuser and the Assembly would not proceed against the Minister without an accuser the King was not wel-pleased but knowing the difficulty to find an accuser would follow the business no more The other particulare is related in the now-named History Pag. 316. The See of Glasgow being then void it was suggested unto the Duke by some flatterers that he had a fair occasion presented to make himselfe Lord of the City and of the lands pertaining to that bishoprick if he would only procure a gift thereof to some one that wold make a disposition thereof to him and his heirs The offer was made to sundry Ministers who all refused because of the required condition at last the agents in this business fell upon Robert Mongomery Min. at Sterlin he was content to accept it Thereupon a gift was formed and a Bond given by him that how soon he shall be admitted Bishop he should dispone the lands Lordship and whatsoever belongs unto that prelacy to the Duke and his heirs for the yearly paiment of a thousand pounds Scots with some horse-corn and poultry The Assembly hearing of this bargain do charge this
not expedient to trouble your Majesty untill wee see what order shall be taken with these grievous complaints Beseeching your Majesty most humbly for the love of God who hath placed your Gr. in this Royall throne and hitherto hath wondrously maintained and defended your authority carefully to look upon these matters as becomes the Lieutenant of God and a Christian King And with advice of them that fear God and do tender your Gr. estate quietnes of this Common well so to redress the premisses that Christ be acknowledged above all and his messingers without fear or stop be suffered to execute their office the course of the gospell advanced and by the exemple of the worthy punishment on them who so licentiously and contemptuously have wronged and injured Ministers and Professors of Gods word that others hereafter be afrayd to enterprice the like The next Assembly is appointed to be at Edinburgh October 24. next It is objected against this Assembly that they did allow the Sentence of excommunication against Ro. Mongomery whereas it was pronounced summarily by one man in a private congregation to wit by John Davidson in the church of Libbertoun and upon this ground it was declared null by the Counsell It is ansuered 1. That he who hath often objected this testifieth that before the Assembly it was allowed and intimated in all the Churches of the country 2. In the Assembly of October year 1581. was a Generall Act ordaining summary excommunication against these who through ambition or covetousness did by such violent means intrude themselves into any function of the Church or who did obtend or use any Letters of charge to impede the disciplin See before at the VIII particulare 3. When this was objected many years since the author of Vindici Philadelph Pag. 29. answered for this instance that the Assembly in October knowing the mans inconstancy did advertise the Presbytery of Glasgow that they should diligently take heed that he usurp not the power of a Bishop and if he shall do so they were ordered to â—ondem him of contemptuousness and perfidiousness and to advertise the Presbytery of Edinburgh unto whom the Assembly at that time gave power to excommunicate Robert Mongomery in this case and so the presbytery of Glasgow notwithstanding the opposition made by Minto went on and decerned against him and the presbytery of Edinb pronounced the Sentence of excommunication and it was intimated in all the pulpits So for there In the same place wee find what was the successe at Perth When the Supplication was presented James Stuart a brother of Ochiltry who had been Tutor of the Earle of Arran and thereafter was made Earle of Arran and at rhat time was Chancelor and â—omenter of all these mischiefes did menacingly ask Who dar subscribe that Supplication Andrew Melvin answered Wee all will subscribe it and so he did subscribe it and after him John Erskin of Dun Th. Smeton Ro. Pont Da. Lindsay An. Hay Pe. Blackburn Tho. Buchanan and Pa. Galloway English men which were there did admire their boldness and thought that they had some privy attendents for their guard but they were dismissed without answers Bishop Spotswood omitting this passage saith To their grievances they received Generall answers and for the brethren of Glasgow their tryall was continued to the tenth of September next before which time the surprise of the Kings person at Ruthven fell out which altered the state of all affaires some of the nobility combining A Change of the Kings Court at Ruthven An 1582. themselves for defence of Religion and the liberty of the Kingdom as they pretended sayth he upon notice of the Duke of Arrans I conceive an error in the print for the Duke and Arran's absence from the Court placed themselves about the King and detained him some dajes at the house of Ruthven The principalls were John Earle of Marre William Earle of Goury Patrick Lord Lindsay Robert Lord Boid the Mast s of Glams Oliphant the Abbots of Dumfernlin Paisley Driburgh Camsbuskenneth the Lairds of Lochlevin easter Weemes Cliesh and the Constable of Dundy At this time the Earle of Arran was taken and keep prisoner and the Duke of Lennox being advised by the Kings letters went to France and died at Paris in the beginning of the year following These particulars are at length loc cit After the departure of the Duke the town of Edinburgh brought back their Minister John Dury with great joy singing as they went up the striet the 124. Psalme Now Israel may say c and as I heard some credible persons which were there as that time say they added after the Psalme Now hath God delivered us from the Devill the Duke and all his men The King went to Edinburgh in the beginning of October and there The 43. Assembly conveenes the Assembly in afrequent number of Noble men many Barons and Ministers Commissioners David Lindsay is chosen Moderator In Sess 2. The Ministers of Edinburgh were sent unto the K. to petition that he would send his Commissioners unto the Assembly The Commissioners that were sent by the former Assembly unto the King with the grievances report the answers in write these were read and judged not to answer the Articles therefore it is appointed that they shall be further insisted on with other things that are to be craved and four are appointed to form them in write In Sess 3 James haliburton Provest of Dundy and Colonell Will. Stuart come and deliver their Commission from the King in this tenor Wee by tenor hereof with the advice of the Lords of our Secret Counsell give and grant authority full power and commission to our right trusty and welbeloved friends James haliburton ...... And Col. Wi. Stuart coniunctly and severally for us in our name To pass unto the Generall assembly of the Church of our realm and there to hear and consider the matters propounded tending to the advancement of Gods glory and his true religion the correction of manners and retaining the ecclesiasticall matters in decent comely order as the word of God allowes and to report the matters propounded and treated unto us for our allowance and ratification of the same as appertaines and generally all and sundry other things to do that to the furtherance and assistance of all godly good matters is necessarily required firm stable ........ Subscribed with our hand at Halirudhouse October 10. 1582. and of our reigne the 16. year IV. The places where the Provinciall synods shall conveen should be changed as the brethren thereof shall judge that no ambition growe by continuing in one place V. Seing great scandall ariseth by the impunity of Bishops being altogether out of rule the Church thinks expedient that the Kings Commissioners the Lord Boyd the Laird Caprinton with the Moderator and his assessors conveen and solidly advise upon some substantious order VI. The Lord of Paisley in name of some Noblemen gives the Church
one to the King of Denmark and Princes of Germany and another unto King Iames the motion did well please the Estates of Scotland conveening at Santandrews Here the Bishop omittes that the pest was raging in Edinburgh and other chief townes and then the people cried out that the Lord's hand would not be stayd till the banished Lords and Ministers were returned whereupon their friends advertised them to draw near unto the borders and these that were exiled before for other causes joyned with them and so did Maxwell They appoint their rendezvous at Lintoun and meeting there did solemly swear that they shall not separate nor give over the prosecution of their enterprise untill the King be moved to accept them in favor and put Arran out of his company To justify their proceedings they gave forth a Proclamation shewing their aimes to be the defence of the truth the deliverance of the King from corrupt Counsellors and the preserving of amity with England In this proclamation they especially endeavoure to make Arran odious and they named Col. Stuart as an abuser of the King of other Counsellors was no mention which encreaseth Arrans jealousie against them They The exiled Lords returne and are restored and thereby a change of Court came to Falkirk and understanding that there was no great company with the King at Sterlin they draw near it October 31. that night Arran and Crawford keept the town-gate but the Lords entred by a secret passage without resistance a cry was raised The town is taken Crawford flyeth to the Castle and Arran escapes by the bridge So soon as the King understood of their humble petitions by the Secretary and Justice-Clerk he said I did never love that mans vjolence to wit Arran and howbeit I can not but offend with their doings yet for the Countries sake and for publick quietness I can pardon all but one thing I desire you to look unto that none in my company receive any harm I know there be quarrells betwixt Crawford and Glammes betwixt Anguise Montrose and I believe that Col. Stuart is not well beloved with my honor I can not permitt these to be hurt provide that these be in savety and I shall willingly admit them This was reported unto the Lords they reply they had not taken arms for any privat quarrell nor would they mixe particulars with the publlck but it were good for eschuing inconvenients that the Noble men whom the King had named were put in custody of speciall persons and the Colonell be discharged from his office of the guarde and the same be conferred on another This was declared unto the King and he consented to receive them Two dayes thereafter the King renewes his promise unto them and confirmes it by Act of Counsell and proclames a Parliament to be held at Lithgow in December for ratisying the same Ministers repaire from all parts to Lithgow a litle before the beginning of the Parliament and sought abrogation of the late Acts against the discipline The King would not hear of it and the exiled Lords said It was not expedient to medle in that matter at that time they must first be setled in their estates and afterwards they may prevail with the King The King also willed them to set down in write what exceptions they had against these Acts. They did offer their animadversions with a supplication wherein they crave the Ministers to be restored to their former possession alswell of the disciplin as of their places The King took paines to penn with his own hand a mitigation of these Acts in this manner as I found among the Papers of John Erskin That the word of God be truly and sinceerly preached as before That all process of excommunications shall proceed as before The Generall Assembly shal be only convocate by the kings Letters That the Ministers shall not proclame a fast before they shew the causes unto the King That all Bishops nominat by the kings Majesty shal be tryed and admitted by the Gen. assembly That all sects and heresies shal be tryed by the Church and as the persons shal be found culpable the Kings shall execute justice When the king delivered these he said These shall bee al 's good and sufficient as an Act of Parliament But the Ministers were not contented with these and the full determination was remitted unto the next Generall Assembly which then was called to conveen at Edinburgh in May following XXII Some thing was done in the Spring but it will be mentioned 1586. The 47. Assembly in the Assembly which conveened May 10. in Edinburgh After Sermon had by Robert Pont the Lord of Privy Scal and Mr Peter young being directed from the King shew that his Majesty is taken up with great affaires so that he can not give his presence for that day and therefore craves that all the brethren would repair after noon unto the great chapell in the Abbey where he shall propound his minde unto them and to delay the election of the Moderator untill that time All the brethren do consent upon condition It shall not prejudge the liberty of the Assembly in any way The Commissioners declare that they know no prejudice intended After noon they conveen in that place the king declares why he had desired them to conveen there then prayer being make by Robert Pont David Lindsay is chosen Moderator The King appoints the Lords Secretary Iustice-Clerk Privy-Seale Iohn Graham L. Culros and Peter young to reason and advise with the Moderator and Assessors on matters mutually to be propounded and them or any two or three of them to concur with the Assembly as his Commissioners The next day they return to the ordinary place I. Two Ministers being directed unto the king to solicite the redeliverance of the Assemblie's Register bring answer that they shall be directed unto the Clerk every day but at night they shall be in the hands of the Privy-Seall enduring the Assembly and before the closing he will be personally present II. The places for conveening of Presbyteries are named through out all the kingdom and Commissioners are appointed to designe the Churches in every Presbytery Their advice vvas returned in the last Session III. The Synodall assemblies are appointed to conveen the first tuysday of October next and the places are named and thereafter every Synod is left to their own option of time and place IV. David Cuningham Bishop of Aberdien is ordained to be summoned before the Presbytery of Glascow for adultery with Elisabet Sutherland V. The Articles of the Conference held in February between the Deputies of the Counsell and some Ministers called together by the King were propounded in the privy Conference to be examined by the Kings Commissioners the Moderator with the Assessors and they Some Articles concerning Episcopacy report agreement 1. That none shall vote in the Assembly but such as the Scripture appoints Governors of the Church 2. There are four
ordinary Offices warranted by the Scripture to wit Pastors Doctors Elders and deacons and the name of a Bishop should not be taken as it hath been in Papistry but is common to all Pastors or Ministers 3. It is lawfull and necessary at this time that Uisitation and the form thereof continue and other circumstances to be considered here after c. In Sess 7. some were appointed to confer with the Kings Commissioners upon the circumstances And in the same Sess the Kings Commissioners crave the resolution of the wholl Assembly Whither they will accept Bishops as they were circumscribed in the abovenamed Conference or if they will refuse Answer is delayd untill the next day that all the Conference be publickly read and immediatly it is voted and concluded that a Bishop is a speciall charge and function annexed to it by the word of God even the same that an ordinary pastor is In Sess 9. after reasoning it was concluded It is lawfull to the Gen. Assembly to admit a Pastor Bishop or Minister having a Benefice and presented by the King unto it Also that Visitation may be in the person of a Pastor and that the Gen. Assembly may send a man with such as the Presbytery shall adioyn unto him in Visitation In Sess 10. after conference had as said is the wholl Assembly declares that by the name of a Bishop they meane only such a Bishop as is described by Paul and in this sense they agree with the third Article of that Conference 4. It is agreed on the fourth article that a Bishop may be appointed by the Gen. assembly to visite certain bounds that shall be designed unto him and in Visitation he shall proceed by the advice of the Synodall assembly or such as they shall adjoyn unto him 5. In receiving of presentations and giving Collation to Benefices he shall proceed by the advice and vote of the Presbytery where the Benefice lyeth at least of the most part of the Presbytery and of the Assessors that shal be adjoined unto him Untill the time the Presbyteries be better established and the gener Church take further order And those assessors at the first time shall be named by the G. Ass 6. In Sess 11. He shall be subject in respect he is a Pastor as other Pastors are to be tryed in his life and doctrine by the Presbytery or the Synodall Assembly and because he hath commission from the G. Assembly in that respect he is to be tryed by them 7. If he admit or deprive without the consent of the most part of the Presbytery the deed shall be null and the doing thereof shall be a sufficient cause of deprivation of him 8. His power is to be ordinis causa nonjurisdictionis 9. Where they that shall be so called Bishops may not undertake the wholl bounds that of old was called a Diocy Commissioners shall be presented by his Ma. unto the Gen. assembly and admitted by them thereunto as the saids Bishops are to theirs and to be countable only unto the said assembly for their commission And the Bishop to have no power within their bounds more than they have within his boundes 10. The Commissioners being elected as said is have a like counsell and power in the execution of their office as the Bishops have 11. The Commissioners appointed to visit presbyteries or their particular Churches as the the presbyteties or Synods shall think good shall not prejudge the Presbyterie's peculiar Visitation 12. The same causes of life and doctrin shall deprive a Bishop or Commissioner that deprives a Minister The 13. article is agreed The Commissioners from his Majesty do protest that in respect the assembly hath cast down what was required in the Conference at Halirudhouse nothing done either in that Conference or in this assembly have any force or effect and namely that they have subjected the Bishops unto the tryall and censure of the Presbyteries Synods Because of this protestation the assembly immediatly directes Ja. Martine Ro. pont and Pa. Galloway to inform his Ma. concerning this matter In Sess 12. these brethren report that his Majesty will not agree that Bishops and Commissioners shall be otherways tryed than by the Generall Assembly The assembly jâ—dgeth it expedient in respect of the time that albeit it be reasonable that the tryall and censure of all Pastors should be in the Presbyteries where they remain nevertheless that the tryall and censure of such Pastors as the Generall Assembly shall give commission unto to Visite shall be in the hands of the said Assembly or such as they shall depute Untill farther order be taken by the Gen. assembly Unto this ordinance the Kings Commissioners do consent and so passe from their former protestation 14. Vhe Commissioners that before have received commission of Visitation shall continue in that charge for a year to come and thereafter as the Assembly shall judge expedient 15. In Sess 1â— The Generall assembly gives full power commission unto certain brethren of every Province to summon before them respectivè at such day and place as they shall think expedient the Bishops and commissioners if they find occasion of slander to arise by them in doctrin life or conversation at any time before the next Generall assembly and to try and take probation thereof lead and deduce process against them unto the Sentence Exclusivè Remitting the finall judgement therein unto the Gen. assembly 16. It is agreed that where Bishops Commissioners make their residence they shall be Moderators in these presbyteries except Fife where by his Mas advice Robert Wilkie is continued Moderator of the presbytery of Santandrews untill the next Synod-VI In Sess 7. The Lord Maxwell compeares and declares that at his Ma s command he now appeares before the Assembly as he had given caution before the Counsell that he should compear before them this day and in respect of his obedience he protestes that his cautioner should be free he takes instrument upon his appearance and protestation The Assembly know not the cause of his compearance nor had any information from his Majesty therefore they order him to be present the next day after noon and they aske the kings Commissioners what the cause is The kings Commissioners do protest that Maxwel's Cautioner should not be free untill they return his Majest mind unto the Assembly In Sess 8. Compeares the Earle of Morton the Lord Maxwell and some others Maxwell was accused for hearing Masse The Act of the Privy Counsell was read for information of the Assembly Maxwell answered For his transgression he had answered the kings Law and he craves conference of learned men concerning the religion Certain Sentence against P. Adamson not examined yet annulled and why brethren were appointed to inform him VII In Sess 13. Concerning an appellation made by Pa. Adamson from the process and Sentence of excommunication pronouncâ—d against him by the Synod of Fife Pa. Galloway and John Duncanson had been
where they were and at the Kings command he would cause deliver them It was also testified by Jo. Dury that he heard Pa. adamson grant that he had them After these testifications the Assembly concluded that Pa. Adamson shall be charged to deliver the books yet for the better advice David Lindsay was directed unto the Lord Secretary and returning with his answer thought meet a Supplication be given unto the LL. of Counsell to grant a charge against Pa. Adamson for restitution of the books and that the assembly also should use their power So a supplication is ordained to be penned and be presented the next day and a citation is sent to charge him to deliver the books within three days unto the Clerk and also to compear personally within that space to answer for his absence from the Assembly and to other accusations that shall be layd unto his charge Under the pain of the censure of the Church In Sess 4. it was thought expedient that before the ordinance made yesterday be put to execution against Pa. Adamson an humble supplication be made unto the King for that effect and two brethren are sent with it In Sess 6. the Kings Commissioners being present thought meet because the business with Pa. Adamson is civill wherein the King hath interest that he be acquainted with it This the assembly is willing to do In Sess 15. A Letter being directed by John Duncanson bearing the Kings command unto the Bishop to redeliver the books at the least four of them and that George young was stayd whill the books were delivered The assembly directeth Ja. Nicolson and Ale Raweson unto the L. Secretary to cause deliver them and after their direction and reitered direction of two other bretheren George young brought into the assembly five volumes of the Register whereof a great part was torn and after sight thereof the assembly ordaines a heavy regrate to be made unto his Majesty lamenting the mutilation of the books and to crave that they may remain with the Church as their own register The Lord Secretary answered that his Ma s will is that he may have the inspection of them when he shall have occasion and he shall presently give them back again III. In Sess 4. Because an offense conceived by the King against John Cowper and James Gibson hath been shewd privatly unto the Moderator It was thought expedient by the Assembly that the cause be first privatly considered by John Erskin of Dun and sixe other Ministers whom the Assembly nameth to confer thereupon with the parties if they can give satisfaction by their advice and otherwise that the cause be propounded publickly And these brethren are appointed to go presently about that business and the parties to wait upon them The result of their conference followes in the Kings articles IV. Seing the King is now of ripe age and a Parliament is appointed in the next month it is thought expedient that the Acts of Parliament made heretofore for liberty of the true Church and religion presently professed within the realm and for repressing Papistry and idolatry be collected and be craved to be confirmed as also the execution of these Acts may be considered and what other execution or law is needfull to be craved against Papists and idolaters As also the lawes and constitutions that have been made to the derogation of the said liberty or to the prejudice and stay of the course of the Evangell may be collected that the abrogation of them may be sought To this effect are appointed John Erskin Robett Pont Nic. Dalgliesh David Lindsay and Paul Fraser V. In Sess 5. the Commission given by the last Assembly to the presbyteries of Glasgow Sterlin concerning the slander of David Cuningham and other persons is suspended Sundry brethren complaine against Pa. Adamson at whose instance he is registred at the horn for not paiment of the stipends assigned unto them and for not furnishing wine unto the Communion this matter is regrated unto the Kings Commissioners The Prior or Lord Blantyre undertakes to communicate this purpose unto the other Commissioners of his Majesty and to report their advice unto the Assembly Also regrait is made that great division is in the Church of Santan that some will not hear P. Adamson preach nor communicat when he administrates the sacrament partly because he lyeth in rebellion or at the horâ— and partly because of his suspension and some do repair unto him and they crave that this division may be redressed The Assembly judgeth it expedient first to hear what answer shall be reported in the former complaint VI. Unto that Question Whither it be a scandall that a Christian absent himselfe from the Sermons and other pious exercise used by them that ly at the Kings horn and are suspended from rhe Ministry It is resolved It is no scandall but it were rather scandalous to resort unto the foresaid exercise of one who lyeth at the horn and is suspended VII In Sess 9. No Master of Colledge or School shall receive any student or scholar being of maturity of age who refuseth to subscribe the Religion presently established and professed in the realm by the mercy of God or refuseth to participate of the sacrament Under the pain of the censure of the Church And before any Student be promoted to any degree in the Vniversity that they shall toties quoties as they shall be promoted subscribe de novo And that the Presbyteries shal be diligent to see the execution of this Act as they will answer to God c. VIII The Presbytery with their Commissioners in all parts of the country every one for their own part shall prescribe to every young man intending for the Ministry a part of Scripture together with some part of the Common places controverted heads of religion To be diligently read considered and studied by him within such a space of time as the Presbytery thinks good to appoint And that his profiting may appear the better at certain times of the year every Presbytery shall take account of his travells by requiring of him in that prescribed part of Scripture 1. the sum and deduction thereof 2. The solide sense or meaning of the places which are more difficile to be understood 3. a collation of sentences which by reading he may be able to gather out of other parts of Scripture and which may serve as arguments either to confirm the truth or refute hereticall opinions As to the Common places and heads let him answer to questions reasonings thereupon And he is to be exercised in this manner not for one time only but from time to time untill he come to certain maturity IX Whereas a scandall was spoken of by a presentation of the Bishoprik of Caitnes given unto Robert Pont he declares that he had given-in some complaints unto the Exchequer fot some hurt done unto him in time of his troubles and in compensation that presentation without his procurement
if they had sought a warrant by statute to keep their courts in the Queenes name as the Bb. in K. Edwards daies In which time Cranmer did cause Peter Martyr Bucer come over into the realm to be placed in the two Vniversities for the better instruction of the Vniversities in the word of God and B. Cranmer did humbly prefer these learned men without any challenge to himself of any superior rule in this behalf over his inferior brethren And the time hath been that no man could cary away any grant from the Crown of England by generall words but he must have speciall wordes to cary the same by Therefore how the Bb. are warranted to cary away the keeping of their courts in their own name by prescription it passeth my understanding Moreover where as your Lp. said unto mee that the Bb. have forsaken their claim of superiority over their brethren lately to be by Gods ordinance and that now they do only claim superiority from her Majesties Government if this be true then it is requisite and necessary that my Lord of Canterburry that now is do recant retract his saying in his book of the great volum against M. Cartwright where he saith in plain words by the name of D. Whitgift that the superiority of Bb. is of Gods institution Which saying doth impugne her Ma s supream Government directly and therefore it is to be retracted and truly for Chrisl plainly truly confesseth Joh. 18. 36. that his kingdom is not of this world and therefore he gave no worldly rule or preheminence to his Apostles but the heavenly rule which was to preach the gospell saying So and preach through the world whosoever shall believe and be baptized shall besaved but he that will not believe shall be condemned Mark. 16. 15. 16. But the Bb. do crie out saying Cartwright and his fellowes will have no Government c. So belike the Bb. care for no Government but for worldly and forcible Government over their brethren the which Christ never gave to his disciples nor Apostles but made them subject to the rule of Princes who ought not to be resisted saving that they might answer unto Princes they must obey God rather than men Act 5. 29 and yet in no way to resist the Prince but to take up the crosse and follow Christ So far he XXV The Nationall Assembly of Scotland conveenes by the Kings 1588. The 49. Assembly call at Edinburgh February 6. 1588. heer were the Kings Commissioners the Master of Lindsay and Lord Ochiltry Robert bruce is chosen Moderator the Kings Commissioners some Barons and Commissioners of Burghes and some Ministers are chosen to concurr with the Moderator in advising of things to be propounded concluded I. The Moderator declares the causes of this extraordinary assembly to be the dangers appearing unto the gospell in this Country and to advise what may be the readiest way to quench the present fire of Papistty kindled throughout all the Country And because the matter is of great weight it is judged expedient that Noblement and Gentle men shall conveen by themselves apart and the Commissioners of Burrowes shall conveen also by themselves and Ministers shall conveen by themselves To advise and propound unto the Moderator and his Assessors what overtures they can think upon And for furtherance Peter blackburn John Fullarton Ministers are appointed to give them information of the evidence thereof in their Province and all deputies out of every Province are appointed to delate what Jesuites Papistes are known to be within their boundes and that in write the next day unto the Assembly In Sess 3. the advice of the Noble men and of others was presented and read but it was judged expedient that some Earles Lords Barons Commissioners of Burrowes and some Ministers shall first conferr with the King upon these The advice of the Nobility was 1. that the Lawes of the Country be without delay execut against all Jesuites Seminary priests Idolaters and mantainers thereof and for that effect every man alswell gentle man as others heer assembled shall as they will answer unto God and do tender his glory and the well of his Church give up presently in catalogue unto the Moderator or Clerk the names of such as they know or esteem to be Jesuites Semmariepriests traffickers against religion receipters and maintainers of such persons the which names shall be given unto Sir Robert melvin Treasuret which hath promised within 48 hours thereafter to dispatche summons against them all 2. Seing the danger by such persons is imminent and the formall execution of lawes requires a large time his Majesty Counsell are to be earnestly solicited to provide speedily some extraordinary remedy against so extraordinary danger and execute the lawes without delay upon the chiefest of the Jesuites and their maintainers doing as if treason were intended against his Ma s person and Crown 3. If the Assembly shall think it expedient these Noble men Barons others are willing to go unto his Majesty and regrate the cause of the Church and Common wealth and the danger wherein the liberty of this realm and their lifes and consciences stand in by the craft of Jesuites and such others which have seduced and stirred up enemies both intestine and forrein to bereave them of the same and they offer themselves their lifes lands friends to be employd at the Kings pleasure for preventing so dangerous attempts and bloody devices In Sess 6. The Nobles and others report that they had conferred with the King and had received good answers as that there is more need of execution against Papists than of advice and that his Ma. is glad of the solemnity and frequency of this Assembly and before the dissolving thereof he craves that they would resort unto him and they shall heare more of his good will but because many particulares were comprehended under the few generals propounded he had appointed sixe of his Counsell to meet with as many as the Church shall appoint the next day The Assembly nameth certain persons to conveen accordingly In Sess 14. A Supplication was sent unto the K. in this tenor Sir Your Ma. remembereth the cause of the conveening this Assembly at your command consists principally in two points one for repressing the Jesuits and other Papists which are entred into this realm and practize with their complices to subvert the sincerity of religion publickly professed another to provide such meanes that in time coming such enterprises may be avoided As to the first wee humbly crave 1. That some of the chief Jesuits and others shall instantly be taken order with to give exemple unto others viz. Ja. Gordon Will Crichton which are now in this town that they may be incontinently called before your Hi. and Counsell and there it may be declared unto them that their lifes are in your Maâ—hand for contraveening your lawes and yet of your clemency you do spare them
patrons Shall stand untill the next assembly with this addition That the person who shall admit shall incurr the censure of the Church VI. Violaters of the sabbath under which are comprehended parishoners absenting themselves from the Sermons of their own parish without a just cause and blaspheemers of God are ordained to be tryed and censured by the particular Sessions of the parish and who shall be convict of these offences shall be denied of the benefits of the Church with further censure as the word of God will allow VII The aged and wee l meriting in the Ministry should be preferred to young men caeteris paribus being found qualified by the Presbyteries where Churches are vaiking and they agreeing with the Congregation VIII The Presbytery of Edinb having received commission from the former Assembly to call Pa. Adamson before them for solemnizing the marriage of Huntly now deliver their process shewing that for his contumacy in not compearing after citations they had deprived him from all function in the Church The Assembly judgeth the process formall ratifieth their sentence and ordaines it with other sentences that were pronounced against him to be published in all the churches B. Spotswood saith The Bishop complained unto the king who shewed himself extreamly displeased with their doings but espying no better way he resolved to dissemble his anger toward them and to take the imprisoned Lords in favor lest he make himself too much business Thereupon he returnes to the North gives Arroll a pardon puts Crawford to liberty and fully remits him Huntly and Both well he freeth from imprisonment but to hold them in awe he deferres the declaration of his will concerning them The Lord Maxwell upon his bond not to practize against religion under pain of a hunder thousand pounds is likewise dimitted So far he In many other passages he saith that what good the king had done for the Church he did it against his own mind and dissembling for the time and here he forgeth that for envy against the Church the king takes the Popish Lords into favor What could an enemy of the religion write more perversly against the fame of the king But the truth is as he also expresseth it but mixed with these calumnies the king at that time was every day expecting the arrivall of his Queen and was desirous to have all things quiet at her coming and therefore he took that course with the Popish Lords As for Pa. Adamson the king knew what commission the assembly had given unto the Presbytery of Edinburg and he knew their proceedings and nevertheless in the beginning of this Assembly as this Bishop speakes he spoke of his good affection toward the Church and in the Assemblies following he declared his good affection more and more But as the historicall Narration shewes the King was so vexed with complaints against Pa. Adamson especially for debts for which he was lying registred at the horn and he was so ashamed of him because he was so odious for others faults that he rejected him and disponed his life-rent unto the Duke of Lennox whereby the man became miserable that enduring his sicknes he had not to maintain himself and was bâ—ought into such necessity to seek relieff of others whom before he had accounted his enemies he sent also to the presbytery of Santandrews and craved to be absolved from the Sentence of excommunication Some Ministers were sent unro him to try his sincerity before them he cried often and pitifully Loose mee for Christ's sake Upon their report he was absolved His recantation in certain articles was presented in his name by a Minister John caldcleugh unto the next Synod of Fife thence some were directed unto him again and he gave them a more ample and clearer recantation subscribed with his hand and as the Writer of Vindic. Philadelp pag. 62. shewes it was subscribed before many witnesses of whom some were Noble men some Ministers some Lawiers some Burgesses all of good credite Here also wee see as it is written in that place last cited the force of excommunication howbeit before he had despised the Sentence yet ere he died all his wretchedness did not so much grieve him as that did and he wished nothing on earth more than that he might die in the bosom of the Church In another place the enemy of the Church discipline saith Whether he knew what was contained in these articles it is uncertain If it be uncertain unto that writer why doth he oppose it so denying the credite of so many famous witnesses But I goe-on Because the Queen having once taken the sea was put back by storm to Norway the King would go unto her and without knowledge of the Counsell takes the sea October 22. and some Noble men with him on the fourth day he landeth In Norway and stayd there and in Denmark untill May. All that time was no sturre in the country which was matter of great joy unto him when it was reported unto him XXVII When the king retured with the Queen May 20. 1590. he went straight way to Church and caused publick thankes be given unto God for his save return then he gave thankes unto the Noble men and Counsell for their care of the publick quietnes Then was great joy in the Country and a great concourse of people unto Court The Assembly conveens The 52. Assembly at Edinburgh August 4. very frequently the kings Commissioners the Lords Chancelor and Blantyre Patrick Galloway is chosen Moderator I. Commissioners were particularly enquired what diligence they had used in the execution of the late Act against Papists excommunicat persons profaners of the sabbath non-residents and other heads that were committed unto the Presbyteries and Commssioners II. In Sess 3. John Inness Commissioner of Murray was accused for admitting Robert Dumbar to the Ministry without the advice of the Presbytery of Forress he answeretâ— he had done it by the advice of the presbytery of Elgin wherein he confesses he had done rashly The Assembly ordaines Robert Dumbar to be tryed de novo by so many as be present of the Presbyteries of Edinb Forress In Sess 12. the admission of Robert Dumbar without the advice of the presbytery of Forress is declared null III. Because the Earle of Montrose is said to entertain Fentry an excommunicat Papist it is ordained that the Presbytery where he dwelleth for the time shall charge him before them try the matter and accordingly proceed against him according to former Acts IV. A sentence of excommunication pronounced against the Earle of Anguise is reduced because of informality but because in the Sentence was sufficient cause of such censure if the process had been formally led the Church now craves that he would remove the cause especially that he will have care in time coming that the sabbath be not profaned within his bounds by faires or markets that no working nor carrying of burdens therein that vasalls compell not their tennants to
A Declinature from the Counsell conveennig on the 17 day perceive that the Kings and the Counsell's aim was by this preparative to draw Ministers doctrine under their censure controlment And remembring that some decllnatures of this nature given-in by some brethren before were forgoten or denied because they were only verball do resolve upon a declinature in write and fortify it by good reasons and to be subscribed by them with David seing the cause is common David compeares upon the 18. day and gives-in the declinature On the 20. day it was thought needfull to send a copy of the declinature unto every Presbytery and be subscribed by all the members together with a missive requesting them to return it being subscribed with all possible diligence with some brother who was able to assist them in so weighty matters and also desiring every one study diligently this question and all the points of the discipline for certanly Satan was making an assault on the hedge of the Lords vineyard that at his pleasure he may destroy and wast the plants thereof Diligence was used in gathering subscriptions so that in short space the hands of about 400. were at it None so diligent as John Spotswood afterwards Bishop of Santandr howbeit even then he reveeled unto the King all their counsels proceedings either by himself or somtimes by a Courtier with whom he was familiar he was the only suspected Judas among the Ministers at that time others were like Hazael who understood not their own hollow hearts till time discovered them On November 24. the Commissioners of the Church being for the most part present and being enformed that they were to be charged to go off the town did resolve that seing they were conveened by warrant by Christ and his Church in so dangerous a time to see that the Church receive no detriment they wold continue notwithstanding any charge so long as it shall be found expedient and in the mean time they sent Ministers Da. Lindsay Ro. Rollock and Ja. Melvin unto the K. to shew him what inconvenients may ensue if he enter into hard dealing with the church and discharge the Commissioners of the Gen. assembly to beseech him to desist from pursute of D. Black and all controversies arising thereby till order were taken with the common enemy and a Gen. assembly be convocated fordeciding all controversies and answering all his questions And to move him to consider the danger wherein the Countrey lieth by Papists binding themselfs together associating to themselves sundry Clanns preparing arms and horses c. The next day they report his answer He was sory that matters have so fallen out betwixt him and the Commissioners yet if they will passe from the deelinature at least make a declaration that it was not Generall but used particularly in that cause of David Black being a case of slander and pertaining by right unto the church he will passe from the summons and all pursute of David Black By the way here we may understand that the words wherefore he was charged were not so odious as some have reported them Then diverse formes of a declaration were advised but they could not find one which in their judgement would please the king In end they condesâ—ended to make this offer that if his Majesty would passe from that summons and cease from all charging of Ministers for their preaching till a lawfull Generall assembly were convocated they will on the other side take up the declinature and cease to make any use of it untill the said assembly The brether that were directed report on the 27. day how they had spent much time in reasoning with his Majesty but could not agree unless the Commissioners would passe from the declinature and cause David Black answer and acknowledge the Judicatory But they would not undertake it Upon the same 27. day David Black was summoned again by proclamation and sound of trumpet at the cross for speaches uttered by him in his Sermons these three years last by past And because somtimes Barons and others sare with the Ministers all the Leedges were discharged by proclamation to assemble at the desire of Ministers Presbyteries or other ecclesiasticall judgements Under pretense of assisting them in their defense being accused of any cause crime or offense or when they repaire to any judgement seat or otherwise Without his Majesties licence Letters also were given forth upon Act of Counsell charging the Commissioners of the Generall assembly to depart out of rhe town within 24. houts after the charge and discharging them to conveen any where els Immediatly the Commissioners conveen and lay the proclamation open before the Lord the Judge of so odious imputations as they were burdened-with in these proclamations and usurpation of Supreme authority over the Church they advised them who were to occupy the pulpits to deale mightily by the word against these proclamations and charges and to use such arguments as may flow from good grounds which were then layd befored them November 29. they resolve to give-in some articles unto the King and Counsell the day following which was the day of Mr Blacks compearance wherein they do clear themselves of these odious imputations and they crave to slay that action till a Gen. assembly be convocated they thought it also expedient in respect of the new libelled summons that another declinature be formed and used by David in his own name and of the rest of the Ministry On the 29. day the hour approaching the Commissioners appoint Robert Bruce Robert Pont Robert Rolock David Lindsay Pa. Galloway to present their articles and to assist David in his action the rest were exercised in the mean time in praying and confessing their sins which had procured such trouble The brethren returning about half an hour after twelve reported that some had entred into commoning with them and condescended upon some grounds of agreement that the commoners on the Ks part were to travell with his Majesty against afternoon and themselves were to deal with the Commissioners One ground whereupon they had condescended was that they would take up their declinature and the Counsell their summons and use a form of protestation After noon when there was no appearance of agriement and the Counsell were sitting the second declinature was given in wherein David adhereth unto the first and fortifieth it with moe reasons and the above-named articles were presented David was wonderfully assisteth with courage and wisdom and the brether also who were appointed to assist him especially Rob. Bruce Nevertheless the King and Counsell do passe to the Interloquiture and declare themselves Judges competent to all the points of the libell except one which concerned the Religion of England So scrupulous were they to medle with matters spirituall or ecclesiasticall The brether returning unto the rest who were exercized as before noone report what was past It was thought meet that the doctrine be directed against the Interloquiture as
thousands yet alive in Augus and Merns can testify and he dwelt in Feâ—ter cairn in a house belonging then to Laureston about twenty years after that assembly I heard a gentle man employing him in a business and having informed him he said Jogle not over my business but do it faithfully Then I asked the man Why they do call him Joglour He blushed and gave no answer The Gentle man laughing said unto mee He will never tell you but I will give you the reason of his name He is a false rogue when the Ministers were condemned for the Assembly at Aberdien some did accuse him that he was the cause of their condemnation because he had indorsed the Charge with a false date or antedate And then he answered Alas I knew no thing what was intended and I thought it was but a small thing to jogle over or shuffel one day at my Masters command and for that be is alwayes called Joglour The man heard all these words and said nothing but sighed I return to the history Vpon tbe fourth and fifth of July sundry commissioners came to Aberdien from the presbyteries of Kyl Carrik Cunningham Lothian Mers Perth they said they were hindred partly by extraordinary rain and partly deceived by the Missives that were sent unto the presbyteries pointing at the fifth day John Welsh Nathaniel English and others finding that the brethren were dissolved and having received a subscribed copy of their proceedings went together into the place where the Assembly sat and for the discharge of their commissions took instruments in the hands of two Notaries that they were come to keep the Assembly and finding it to be dissolved did ratify and approve their proceedings in their own names and in name of the presbyteries that had sent them Laureston reported unto the Counsell what they had done and said that he had discharged them by open proclamation at the market cross of Aberdeen on Iuly 1. to hold the assembly as the indorsing of the Letters specify Iohn Forbes being in Edinburgh Iuly 24. of purpose to satisfy the Lords of Counsell concerning the alledged disobedience of his Majesties charge was warned by a Macer to appear before the Counsell At that time conveened six Lords seven Bishops and commissioners of the generall Assembly a novelty not heard before in Scotland and they conveened the sooner and preventing the ordinary time of Counsell because they feared the opposition of some Lords Because he would not condem the Assembly holden at Aberdien by his privat judgement howbeit he was willing to submit himself and the proceedings thereof unto the judgement of the generall Assembly he was com manded to ward in the castle of Edinburgh The next day Iohn Welsh one of those who came upon the fifth day was charged to appear before the Counsell and because he refused to give his oath super inquirendis he declared himself ready to give his oath upon the knowledge of their interrogatories he was committed into the Iail of the town and about elleven a clok he and Iohn Forbes were transported to Blakness Iuly 25. charge was given by open proclamation unto Provests and Bailives of Burghs namely of Aberdien to suffer no Ministers to enter within their bounds on the first tuysday of September nor eight before nor after to hold any Assembly as was appointed lately by the Ministers at Aberdien On August 2. Ro. Duty Andrew Duncan Alex. Strachan and Io. Sharp being summoned compeared before the Counsell and because they would not condem their proceedings at Aberdien were sent to Blackness In the mean time the pest break up in Edinburgh Lieth Santand and other parts of the countrey On August 8. all presbyteries church-sessions synods and particularly Ministers were discharged by proclamation to authorize approve the proceedings of those Ministers And Noble men Barons gentle men Magistrats and other subjects were charged to report unto the Counsell when they hear any Minister in Sermon or any privat confence to justify their proceedings or condem the proceedings of the Counsell With certification if they fail c. Much business was for annulling those proceedings because they had appointed a new Assembly for preserving the Church's liberty ratified by Parliament and so long as that liberty was preserved episcopacy could not be advanced On October 3. other 14. Ministers that had been at Aberdien being cited compeared before the Counsell seven of them were sent to wards in sundry places for the same cause that the others were The other seven confessed that if they had known they would not have been there So they were dismissed One of them Robert Youngson repented and at the next diet compeared with the imprisoned Ministers before the Counsell Thomas abernethy stood for the Assembly untill he heard that the was to be warded in Innerness then he submitted and was licenced to return home Some were not summoned The Synod of Fife was to meet at Dunfernlin Septemb. 2. but the Chancelor Seton gave direction unto Pitfirren to hinder them from entring into the town and therefore they assembled at Innerkithen where they agreed upon a fast because of the inprisoned Ministers and the restraint of the liberties of the Church The imprisoned Ministers after five weeks sent unto the King an apology to clear their cause by right information and to supplicat for their liberty but they were not heard Because it was talked in the countrey that the Church was deprived altogether of their liberty and power to indict and hold generall Assemblies and that we were not to have any moe one was proclamed to be held at Dundy the last tuysday of July It was not expressed in what year therefore some called it fair words After 13. weeks imprisonment these Ministers were summoned to compear before the Counsell October 24. to hear see it declared that they had very contemptuously and seditiously conveened and proceeded and therefore their Assembly to be declared unlawfull and they to be punished in their goods persons or els to shew a reasonable cause why the same should not be done With certification c. They compeared that day and presented a supplication unto the Lords to remit the tryall of their cause unto the Generall Assembly the only competent Judge thereof seing the allowance or disallowance of a Generall Assembly belongs unto the subsequent Assembly as precedents can declare where the King hath been present personally as also because in the late proclamation his Majesty declares that he expectes reparation of all mis-orders in the next Assembly The supplication was read and rejected and they were urged by the Kings Advocat Sir Thomas Hamilton then of Monkland to answer unto the libell Wherefore they thought themselves constrained to give-in this Declinature My Lords of Secret Counsell Please your L. L. the approbation or dis-allowing of a generall Assembly hath been and should be a matter and cause spirituall and alwayes cognosced judged by the Church as Judges competent
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