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
that those may be reponed into their own places when it shall please his Majesty and the Assembly The King and Assembly consent V. It is ordained that in every Assembly hereafter those that shall be appointed Commissioners by the Assembly shall give account of their commission in the beginning of the subsequent assembly before other things be heard and their proceedings to be allowed or dis-allowed as the assembly shall judge of them VI. Commission is given to twenty four Ministers together with the Ministers of the kings House or any nyne of them to plant churches in burghes with power to transplant any Minister within the realm into the said burghes now vaking namely Edinburgh wherein they shall take the advice of the Presbytry there With power to judge of any offenses if it shall happen that his Majesty be offended by any of the Ministry and to take order there-in And also power to present the grievances and petitions of this assembly unto his Majesty and Counsell or Generall Convention of Estates or Parliament if any shall happen to bee c. VII Certain Visitors were designed to visit all the Shirifdoms particularly named unto them with power to try the Ministers in their qualification doctrin and conversation and whether they have wrong'd their Benefices To depose such as deserve deposition To plant Ministers where none as yet have been planted and to this effect to deal with the Tacks-men of every parishon for provision unto a Minister for the church And to report their diligence c. The next Assembly is appointed to be at Santandrews the last tuysday of July 1602. The Historicall Narration addeth Iames Melvin Minister at Kilrinny being detained by sicknes sent unto this assembly a Missive advising them to insist with his Ma. to yeeld unto the agreement of the Brethren at Bruntelan in March for repossessing the Ministers of Edinburgh and charging them as they will answer unto God to endeavour a redress of that wrong done unto the Church of Christ by Act of the Secret Counsell whereby the Ministers of Edinburgh were discharged to preach at any time in any part of the realm he adviseth to consider whether the proceedings of the Commissioners have been conform unto the conclnsions of the preceeding assembly or els it is not possible to hold out corruption And to lament the restraint of the freedom of Assemblies which now are made to depend upon licences Letters and proclamations whereas the Barons and the Burghs enioy thir severall meetings freely In end he layth down his part of the Commission at their feet as the Pioner doth his burden For it grieved him continually and now brought him into the danger of death Albeit he was not acquainted with their secrets yet it grieved him to sit somtimes among them even albeit â—e consented not unto their Sentences The King took this Letter out of the Moderator's hand and suffered it not to be read John Davidson sent another Letter to this purpose Should James John seek to sit the one at the right hand and the other at the left when Christ is going to Jerusalem to suffer death Is it time for Baruch to seek great things for himself whent the Lord is about to destroy what he hath planted and threatens his people with fearfull captivity is it time for us now when so many of our worthy Brethren are shamefully thrust out of their callings without all order of just proceeding against them boni malis demutantur and Papists Jesuits and atheists dayly flocking home are suffered countenanced and advanced to great roumâ— in the realm is it time for us of the Ministry to be inveigled and blindfolded with pretence of preferment of some small number of our brethren and that not to stand so much in the election of the Church as at the pleasure of the Court to have vote in Parliament to ride in foot mantles and to have the titls of Prelacies and so to make preparative in ourselves unto that Hierarchy as they call it which the Papists hope to enjoy with speed what is it but honorari intra palatium ad servitutem shall we brethren sliep still with Samson on Dalilah's lap till they cry The Philistins be upon thee he wrot more in this purpose and in the end he wished that they would not determin any thing de presenti concerning the new planting of Edinburgh in prejudice of their brethren not as yet displaced by any order for any promise de futuro as punishment of Papists seing those two can not stand together If reason find no place he exhorts them to remember that Melins optabilius est egregium bellum pace impia à Deo distrahente Bishop Spotswood addeth that he scoffing at the Kings doings said But Boniton is executed an infamous thief in the highest degree What is that to the cause of Religion whereof no question was moved is there no Papists nor favourer of Papists in Scotland but Boniton But the King is sound in religion what can the Papists do Being sound the danger were the less but there is nothing either in Church or king according to our Calling c. The king said There was treason in this Letter and for it the writer was committed to the castle of Edinburgh in the same month and afterward was confined to his parishon enduring his life In the Narration it is said also The Assembly began with little contentment to either party but the King to won the people because of the jealousy many had conceived for the fact at Perth in August protested with the tear in his ey that he would be serious for the Church and the liberty of the Gospell And for more satisfaction it was approved by Court and many of the Ministry which before was not only neglected but mocked at to wit to ripe up the causes of defection in all Estates from the purity and zeal in the practise of the true Religion and to advise upon the remedies So in this they had a tast of the wonted assemblies But there was small security in the chief directores and others of that side for neither were the chief causes layd open nor a right course taken for remedy The distraction among Ministers the cause and remedies thereof was not touched The King was so serious against the three Ministers of Edinburgh that for his satisfaction it was concluded they should be transported The generall Commission was renewed and almost all the same persons were authorized so that the plotters were not changed nor censured but others were put off and put in as they thought expedient About the end of the Assembly the King holding up his hand vowed to execute justice faithfully and to discredit all who shall attempt any thing against religion In the provinciall synod of Fife conveened at Kingorn in September they agreed upon some grievances to be presented unto the next Nationall Assembly to wit 1. That notwithstanding the Acts of Parliament
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
And he did so burn with wrath and envy that Caranza saith he did hate all the good works of Gregory and he had burnt all his Books saith Platina if some Copies had not been saved by Peter a Deacon The burning of Torches continually in Churches and the distinction Torches of hours by Bels was his device Platin. He did propound unto Phocas that the Title should be given unto the Bishop of Rome which Gregory had so oft condemned but because of mighty opposition it could not so soon be carried He sate 1. year and 5. moneths after him the See was vacant 11. months and 26. daies 3. BONIFACE III. being at Constantinople was named by the Emperour The title of Vniversal Biâ—hop first given to the Bishop of Rome and now for envy of Cyriacus was made Universal Bishop of the Church and the See of Rome was ordained to be the head of all Churches because the Church of Constantinople would have usurped this honour Beda de sex aetat Platin. Barâ—nius in Annal. ad an 606. saith Because there was enmity betwixt Phocas and Cyriacus for envy of him the Emperour seems to have favoured the Bishop of Rome beyond the custom of his Ancestors and did ordain by Imperial Edict that this name becomes the Roman Church only and the Bishop of Rome should be called Universal and not the Bishop of Constantinople this Title then is a novation But what is the meaning of it it is controverted Pope Innocent the III. writing unto the Patriarch of Constantinople lib. 2. Ep. 206. gives two notions of it saying it is called the Universal Church which consists of all the Churches which in the Greek language is called The Catholick Church and according to this exception of the name the Roman Church is not the Universal Church but a part of the Universal Church to wit the first and chief as the head in the body because in her is the fulness of power and a part of that fulness is derived unto others again the Universal Church is called that one that hath under her all other Churches and according to this reason of the name the Roman Church only is called Universal because she alone is preferred above all others by the priviledge of singular dignity as God is called the Universal Lord Catalog test verit lib. 6. I will not stay to dispute these exceptions but observe the novation and who is the Author of the Title and how contrary it is unto the Epistles of Gregory the I. Bellarmin de Ro. Pontif. lib. 2. cap. 32. would prove the lawfulness of this Title because in former ages some were called Bishops of the Universal Church It is true some were so intituled not only the Bishops of Rome but others also as may be seen among the Epistle of Augustine and others and Clemens the I. in the first Epistle unto James the Lords brother called him the Bishop of Bishops who governed the Holy Church of the Hebrews in Jerusalem and all the Churches which by the providence of God were founded every where Here a Bishop of Rome giveth such great Titles unto others and Athanasius was called Bishop of the Catholick Church and it seems not without disparagement to the Bishop of Rome for Basilius Magnus in his 49. Epistle writes unto him thus so much the more as the diseases of the Church wax worse and worse so much the more do we all turn unto your dignity trusting that your government is the only comfort which is left unto us Now will any say that either James or Athanasius had the power or jurisdiction over all the Churches Where then is the power of the Bishop of Rome But Basilius declares his mind in the words following thus Thou art thought by all alike who either in part by hearing or by experience know thy dignity able to help us from this horrible Tempest by the power of thy prayers and by thy knowledge to inform in the affairs that are most excellent And more clearly in the 52. Epistle he saith it seemeth enough to others that each one consider and have a care of what belongeth unto himself but unto thee this is not enough for thy sollicitude is such for all the Churches as well as for that which particularly is by our common Lord committed unto thee who indeed intermittest no time from conference admonishing writing and alwaies sending some who do inform in the best things Behold here a sollicitude universal and not a jurisdiction universal But to return to Boniface Platina testifieth that this Title was not given unto him without great contention for the Patriarch of Constantinople did alledge that it appartained unto his See seeing there was the head of the Empire and the Bishop of Rome said that Rome was the head of the Empire and a Colony was sent from thence unto Constantinople and the Emperour is called Emperour of the Romans and the people of Constantinople even at that time are called Romans and not Constantinopolitans or Greeks Platina addeth I omit saith he that Peter Prince of the Apostles gave unto his successors the Bishops of Rome the keys of the Kingdom of Heaven and the power that God had given unto him he left in Legacy unto Rome and not to Constantinople Platina might well have omitted this because he cannot shew out of any Author about that time that Boniface did pretend this reason It is true some Bishops of Rome before that time had spoken of Peters primacy But not in such sense as they do now as is clear from the words of Gregory the I. that are before And here it may be remembred what he writes to Eulogius Bishop Pope Gregory saith the power of Peter belongeth in three Sees of Alexandria lib. 5. Ep. 60. saying One thing tieth us unto the Church of Alexandria by a certain peculiarity and some way forceth us by a special Law to incline the more unto her love for as all men know that the blessed Evangelist Mark was sent into Alexandria by his Master the Apostle Peter by the unity of this Master and of the Disciple are we tied that as I seem to sit in the seat of the Disciple because of the Master so do you sit in the seat of the Master because of the Disciple We find not the responsory of Eulogius but it is clear he did not approve this pretence for Gregory writ again unto him lib. 6. Ep. 37. thus Your most sweet Holiness hath in your Epistles written many things concerning the chair of St. Peter Prince of the Apostles saying that he sitteth as yet in it by his successours and indeed I confess my self unworthy not only of the honour of Rulers but to be in the rank of standers also but all that you said I accept gladly because you speak to me of the Chair of Peter who sit in the chair of Peter And albeit I have no delight in special honour nevertheless I did greatly rejoice that you
call it so improperly or in remembrance or in representation 4. The Romanists say their Mass The original of the word Missa is from the institution of Christ and yet they cannot find the name of it in any Ecclesiastical Writer before Pope Leo who lived An. 460 and in what signification it was taken at that time it may be learned out of Augustine if these be his Sermons Ser. 237. de temp he saith Post Sermonem fit Missa catechuminis after the Sermon or preaching they which are but learning their catechism are sent away So Missa is a dismission or a charge to depart And Ser. 251 is this word thrice for all that is done in the meetings of the Church he saith Some especially the potent men of this World when they come to the Church are not devout in the praises of God but compel the Presbyter to shorten the Missa and sing at their pleasure neither will they let him keep the use of the Church And Raban in the beginning of the same Chapter gives the former reason of the name saying The Levite crieth If any Catechumenus be here as yet let him be gone They give other reasons of the name which were tedious to repeat But hence we may see that the word signifieth not a Sacrifice although Popish men would have others believe that where that word is found a Sacrifice is signified As for the original of the word some would bring it from Deut. 16. 10 But Bellarm. de Missa lib. 1. cap. 1. saith That cannot be because then it should be found among the Greeks since all the Hebrew words which are among the Latines are come unto us by the hands of the Greeks as Amen Hallelujah Osanna c. Neither can they agree on the deprivation of it 5. Priesthood and Sacrifice and Altars are correlatives and so Priests and Altars Priesthood properly taken hath relation to a Sacrifice and an Altar properly taken saith Bellarmin ibid. cap. 2. 14. But the Christians in the primitive times saith he de cultu Sanct. lib. 3. cap. 4. did purposely abstain from the words of Temple and Priest untill the daies of Tertullian not as he saith there lest they had seemed to retain some Jewish ceremonies or Temples of Heathenish Idols for so they should have abstained from the words of worship and prayer which terms were used both by Jews and Heathens But rather lest the new Converts might by the name of Temple Priest and Altar conceive some corporal sacrifice to be offered by men for expiation of offences Tables agree better unto a Supper and the Sacrament is called a Table 1 Cor. 10. So speaketh the Councel at Nice At the Table of the Lord we should not look basely upon the Bread and Wine which is set before us but we should lift up our hearts c. Lactant. lib. 6. cap. 25 and August de Civ Dei lib. 10. cap. 4. did not acknowledge any Altars in their times but the Altar of our hearts And at the same time by the allusion unto the Law the Elders were called Priests and Church-Tables were called Altars but since such allusions have given unto their posterity occasion to conceive such errours it is safer to use the moderation of the first times And since it is not lawfull among the Papists to consecrate the Sacrament but upon a consecrate Altar and Bellarmin saith It is certain Pope Sylvester was the Authour of consecrating Altars De verbo Dei lib. 4. cap. 3 it is manifest that the primitive Church had not Altars and now the having of them is a novelty 6. Antiphona and Introitus are both one saith Platina in Gregor I. Antiphona and lest any ornament or consent be lacking in time of Sacrifice he appointed that the Antiphona should be chanted Again in Celestin. I who lived An. 423. Platin. saith Celestine ordained that the Psalms should be chanted antiphonativè and this custom was not in use before I know not whether Platina's memory had failed him or whether he meaneth as Poly. Virg. de invent rer lib. 5. cap. 10. saith Antiphona which is called Introitus was ordained by Gregory and that which is called Tractus by Celestine But Raban de Institut Cler. lib. 2. cap. 50. saith The Greeks first made the Antiphonae two Queers singing by turns and among the Latines blessed Ambrose ordained them following the example of the Greeks But sure it is as Lindan de opti genere Interpretat lib. 3. cap. 3. saith Agobert Bishop of Lions did complain that there were many superfluous things in them and saith Lindan If Agobert were now living and saw the Antiphona's and the Missals O everlasting God with what name would he decipher them Where not only many things are from the Apocrypha Gospel of Nicodemus and other trifles but secret prayers and filthy yea and feigned by Hereticks 7. Pope Damascus in Epist ad Hieronim saith The Church of Rome was not acquainted with singing and he biddeth him to send him a copy of the Singing Greek Psaltery Augustine in Confess lib. 9. cap. 7. sheweth that the Latine Church had not singing till Ambrose was expelled out of Millan by the Arrian Empress Justina and in his absence the people did begin to follow the example of the Eastern Churches and others follow Millan and the singing in Alexandria was liker unto grave reading then unto Musical chanting And Raban loc cit cap. 48. doth forbid Musical gestures and Theatral singing and admitteth only such as may move compunction and may be clearly understood by the hearers Poly. Vergil de invent rer lib. 6. cap. 2. saith Now the Chanters make a noise in the Church and nothing is heard there but a voice and others who are present are content with the consent of the cries no way regarding the meaning of the words and so it is that among the multitude all the esteem of Divine Worship seems to rely upon the Chanters although generally no sort of men are lighter or more wicked The Spanish Index Expurgator pag. 72. ordained these words to be left out in following Impressions 8. Poly. Vergil loc cit speaking of the Chorus saith I may say that these are for the most part brought into our Ceremonies from the The Quâ—re old Heathens who were wont to sacrifice with symphony as witnesseth Livius lib. 9. 9. These have not one father Gratian The Letanies de consecr dist 1. cap. Iacobus giveth some of them unto James the Lord's brother and some to Basilius Caesarian Platina gives some to Damasus P. An. 370 some to Symmachus P. An. 510 and in Gregory the I he saith Gregory did ordain the Supplications which the Greeks call Letanies They are of several sorts Poly. Verg. lip cit cap. 11. saith Mamercus Bishop of Vienna in the daies of Pope Leo the I because of an Earth-quake did ordain first the Supplications which the Greeks call Letanies or Processions that they should go two and
bodily pains in this world which after their own sayings are far less and the Pope may go down to hell as another man and whereas he taketh upon him to absolve any man without inward repentance he extolleth himself above God This complaint is at length in the Act. Monim written by Io. Fox and these are the chief heads of it 11. In the twenty fifth year of King Edward the III. which was 1364. Laws against the power of the Pope Statutes were made If any procured from Rome a provision to any Abbey Priory or Benefice in England which is said to be in destruction of the Realm and holy Religion or if any man sued out of the Court of Rome any process or procured any personal citation upon causes whose cognifance and final discussion pertaineth to the King's Court these shall be out of the King's protection and their lands goods and cattels shall be forfeited unto the King The narrative of the Act sheweth the cause of it and the King and Commons of the Realm had oft complained that his Realms were impoverished by the Pope giving Benefices to strangers which never dwelt in England the King and Nobility were robbed of their right of patronage the cure was not served and the will of the first founders was not followed The King had oft complained but in vain therefore he resolved to make his Kingdom free from this bondage Morn in Myster pag. 480. sheweth that when Pope Gregory the XI heard of it he cried This enterprise is a renting of the Church a destroying of Religion and usurpation of his right and priviledge Wherefore he sent immediately unto Edward requiring him to annul these Acts. But when the Schism arose no Pope did insist in it until Pope Martin the V. sent more sharp Letters unto King Henry the VI. And he answered An Act of Parliament cannot be annulled but by another Parliament and he would assemble a Parliament within a short space for the same cause but he did it not saith Pol. Virg. Hist lib. 19. In the thirteeth year of Richard the II. this Act was revived in these words If any person within or without the Realm shall seek from the Court of Rome preferment to any Benefice of Cure or without Cure the preferment shall be null and the person shall be banished and his goods shall appertain unto the King and the same punishment shall strike against them which receive or entertain any such person As also it was ordained If any person shall bring or send any summons sentence or excommunication or if any shall make execution of any such summons sentence or excommunication against any person whatsoever shall forfeit all his lands and goods for ever and himself shall be imprisoned and incur the pain of death yea although such a person had obtained the King's licence for petitioning at the Court of Rome he shall sorfeit a years rent It is also observed that before the year 1367. the high offices in England Offices of State as the Lord Chancellor the Lord Treasurer the Lord Privy Seal c. were wont to be for the most part in the hands of the Clergy as also in Scotland until the Reformation but about that time the English Nobility procured that all these offices should be given unto temporal Lords 12. At that time God raised up John Wickliff a couragious witness of Iohn Wickliff truth he was Fellow of Merton Colledge and Master of Baliol Colledge in Oxford and Reader of Divinity there about the year 1370. He began first to oppose in questions of Logick and Metaphysick but such as strawed the way to other things which he intended When he set upon controversies of Divinity he protested publickly in the Schools that his aim was to bring the Church from Idolatry to some amendment In his book entituled The path-way to perfect knowledge near the end he sheweth what travel he had in translating the Bible into English he gathered many old Latine Bibles for saith he the late books are very corrupt and he conferred the translations with the ancient Doctors and common Glosses and especially he was helped by the late translation of Lyra in the old Testament and the fourth time he employed many cunning men at the correcting of his fourth translation Then he wrote that book which I have now named wherein he giveth the sum of every book of the old Testament with some general and useful observations He reckoneth the books according to the Hebrew and sheweth also some use of the Apocrypha for examples of piety patience constancy c. and denieth that they are for proof of faith In chap. 2. he saith The truth of the Gospel sufficeth to salvation without keeping the ceremonies made of God in the old Law and much more without keeping the ceremonies of sinful and unknowing men that have been made in time of Antichrist and unbinding of Satan as it is Apocal. 20. and he calleth it heresie to say otherwise In chap. 1. he saith Christian men and women old and yong should study fast in the new Testament for it is of full authority and open to the understanding of simple men as to the points that be most needful to salvation and the same sentence in the darkest places of holy writ is both open and dark which sentence is in the open places and each place of holy writ both open and dark teacheth humility and charity and therefore he that keepeth humility and charity hath the true understanding and perfection of all holy writ as Augustine proveth in his Sermon of praising charity therefore no simple man of wit should be feared unmeasurably to study the text of holy writ for they are the words of everlasting life as Peter said to Christ Iohn 6. and the holy Ghost stirred holy men to speak and write the words of holy writ for the comfort and salvation of meek Christian men as Peter in his Epistles and Paul Rom. 15. witness And no Clark should be proud of the very understanding of holy writ for that very understanding without charity which keepeth God's hests maketh a man deeper damned as Christ Jesus and James witness and the pride and covetousness of Clarks is the cause of their blindeness and heresie In chap. 10. Though Kings and Lords knew no more of holy writ then three stories of 2 Chron. that is of Jehoshaphat Hezekiah and Josiah they might learn sufficiently to live well and govern their people well by God's Law and eschew all pride and idolatry and other sins But alas alas alas whereas King Jehoshaphat sent his Princes Deacons and Priests to each City of his Realm with the Book of God's Law to teach openly God's Law unto the people ..... some Christian Lords send general Letters unto all their Ministers and Liege-men that the pardons of the Bishop of Rome which are open lies for they grant many hundred years of pardons after doomsday be preached generally in their Realms
decent union in Christ of twoe persons man and woman keeping a chast bed without breach and it is a signe of a great truth to wit the coupling of Christ with the Church and a believing soul By faith wee affirme that if God give a contrite and humbled heart for sin unto a falling sinner having the true faith of Christ and if with heart and mind and really he repent of his former sins such a one being so truly disposed if he find a presbyter able to discerne good from evill and whose lips preserve the knowledge of Gods law he should reveale uprightly unto such a priest his sins by confession by whom as a judge ruling in stead of God and the Church according to the law of the Lord the weight of the fault may be rightly discerned to the end he may be ashamed and being corrected he may have advice of repentance unto reformation of himself and being either loosed or bound by Christs keyes he may obey humbly and that such humble contrition of the heart is a sacrament that is a signe of true grace bestowed on the repentant But if there be not a heart contrite humbled through faith abhorring vice and an afflicted Spirit embracing the will of God and also confession with relaxation of the fault and moreover if fained satisfaction be added wee pronounce it to be a vain signe and void of the grace of Christ The anointing of the sicke containes two things in it first a cause of a more ready approaching unto the diseased for this it is not a sacrament the other is the thing signified by that unction which is given by God in Christ for which thing prayer especially should be made in true faith that it may be given unto the sick believer as blessed James commandeth saying Is any sick among you let him call for the Elders of the Church and let them pray for him anointing him in the name of God and the prayer of the faithfull shall save him and the Lord wil relieve him and if he be in sins they shall be forgiven him By faith of the sick the signe of unction assures him of the forgiveness of sins When wee have declared the faith of the Catholick Church and her truth by which truth holiness is given unto her it remaines to declare by the same certainty of faith the communion of Saints The communion of the Saints is when the members of the Holy Church doe for common benefite use the good free saving and administring grace of God which is given without repentance and they exercise themselves according to the grace of God given unto them to the common utility of others It is cleare then that the elect only are partakers of true faith grace and righteousness in Christ by his merite unto the glory of eternall salvation as also they receive the sacraments to the evidence of faith albeit they have been seduced yet damnation shall not ceize upon them But the wicked of unformed faith albeit they communicate truly in the Sacraments digniries administrations and publick manners if they he destitute of true faith they communicate unworthily as hypocrites and if they follow the erroneous by their leading they fall into seduction and deceit By faith of Christs grace wee pronounce freely that who communicateth with a lively faith by the same he attaineth through Christ true remission of his sins and also because he partaketh of the Sacraments of the Church he getteth by the same faith and certainty the relaxation of crimes and at the time of the last judgement in the resurrection the glorification of his soul Amen The Letter which they sent with this Confession is worthy of reading But for brevity I omit it When the Confession was delivered their adversaries ceased not to accuse them still as if they had writen otherwise then they did believe or practize and so the King went on in cruelty against them Wherefore they sent another Apologie where in they tooke God to witness of the injuries done unto them by their adversaries and that they had writenin singleness of heatt nor did their tongue dare to speak what their heart did not believe There also they expresse them selves more clearly in some particulares as concerning the Eucharist they say Wee do not only believe and confesse that the bread is the naturall bodie and the wine is the naturall blood sacramentally but also that the bread is the Spirituall bodie and the wine is the Spirituall blood And to believe this we are induced by the saying of the Apostle Paul The bread which we break is it not the communion of the body of Christ and the cup ..... for wee that are many are one bread and one bodie for wee are partakers of one bread and of one cup ...... The Redeemer of mankind hath commanded to take eate and to doe that in remembrance of him but no command is given unto believers to worship the sacramental subsistence of Christ's body and blood for Christ gave unto his disciples sitting what they should use and they obeying him did eat and drink but did not worship the sacrament And the Apostles and their successours for a long space of time went to the houses of believers and break the bread with joy and certainly they did not worship the sacrament nor in so doing did they erre nor were called hereticks But they did worship the personall subsistence of Christ at the right hand of the Father And unto the true worshippers of the Divine Majesty it is commanded in both the Testaments the old and new to worship and adore Christ very God and Man not in the sacramentall existence but in his naturall and personall subsistence at the right hand of his Father For the old Testament as the triumpher over Satan tempting him remembreth saith It is wrtiten Thou shall worship the Lord thy God and him only shall thou serve The vessell of election explaines the New when he saith God hath exalted him and given him a name which is a bove every name that at the name of JESUS every knee should bowe .... The incarnat truth confirmes this when he saith That all men should honour the Sonne as they honour the Father But none doeth worship the Father in any creature but only in heaven as that prayer published by Christ testifieth Our Father which art in heaven c. In the words following because they were accused that they did not worship the Virgine Mary nor the Saints they shew that they did esteem of the Virgine as blessed above all women not only for that she was sanctified but also for that the Sonne of God did assume a body of her body and they esteem of all them who were sanctified by faith in the grace of God through Christs merite and so as blessed of God they doe honour them with due honour they love them and would follow them but they can not give them more honour than Gods word directs them 10. When
four dayes after his coming from Dundie that town was infected with the pest Upon this occasion he leaves Kyle with the grief of many and returnes to Dundy being confident that in that visitation they would hearken unto the comfort of the Word Because some were sick and some were clean he stood upon the east port and preached both in the hearing of the sick without and of the cleane within They hearken then unto him with such comfort that they wish to dy rather than live thinking that possibly they could not have such comfort afterwards He spareth not to visite the sick both with bodily and spirituall refreshment The Cardinal was enraged at this preaching and hireth a frier to kill him but Cod made his servant to espy the weapon under the friers goun and to gripe his hand The people would have used violence against the frier but he stayd them saying He hath done mee no wrong but rather good and shewes that I have need to take heed unto myself The frier declares who had sent him and was let go When the plague ceaseth in Dundy he returnes to Montros to visite the Church there and ministreth the Communion with both elements in Dun. From thence he was called by the gentle men of the West to meet them at Edinburgh because they intend to seek a dispute with the Bishops In the way he lodged at Innergoury in the house of James watson there it was revealed unto him that he was to glorify God shortly by martyrdom and not many shall suffer after him When he told these things unto others in that house he said also The glory of God shall triumph clearly in this realme in spite of Satan but alas if the people shall become unthankfull fearfull shall their plagues bee When he came to Edinburg these of Kyle came not he preaches sometimes there and some times in Lieth within privat houses at the entreaty of some he preached now in Brounstoun then in Ormestoun and somtimes in Hadingtoun in that town for feare of the Earle Bothuell few did hear him and he foretold the desolation that came on that town When he returned to Ormestoun he told that he was to be apprehended shortly the same night Bothuell comes with a number of armed men at the instigation of the Cardinal Wishart yeelds himself and is convoyd to Edinburgh and then to Santandrews There he was accused upon the doctrin of justifiâ—ation he defends himself by the Scriptures Neverthelesss he is condemned and burnt March 1. year 1546. When he was in the fire the Captain of the castle went near him and in few words exhorts him to be of good courage and crave pardon of his sins from God He ansvereth This fire is grievous to my body but touches not my soule yet said he pointing at the Card. he who so proudly lookes out of his window shall be shortly layd forth ignominiously Many of the Nobility were rather provoked than afrayd with such cruelty and they began to think Some thing must de attempted with hazert rather than always suffer shamefully So Normand Lesley the eldest son to the Earle of Rothes whom the Card. had much respected and other 16 persones conspire his death Buchanan Lib. 15 Histor saith a private quarrel moved them May 7. in the morning when the masons were wont to be let in to work they kil the porter at the gate and then having locked the gate they kill the Carldinal in his bedchamber A noise ariseth in the City some would climb the walls then the murderers lay the corps forth at the window whence he had beheld the burning of Mr Wishart to shew that their business was too late The report is quickly spred some said God had done justly albeit the attempt was wicked I passe over what was done by the Regent to punish the fact and how they keep the castle If we will judge of the fact by the event some of these murderers died in prison some in the galeys some escaped but all died miserably Nor did the posterity of the Cardinal enjoy long prosperity for his three daughters were Ladies of Crawford Vain and Kelly in Anguise and all these families are now ruined He gave good estates unto his three sons but none of their posterity have any heritage that he gave them but I return to the history Because the Scots were intending a match with France a fleet of ships sent from England arrive at Lieth unaworse they spoile Edinburgh and the country thereabout and sent their ships loadned with spoile again in the same year The Regent and Queen bring some aid from France but the country was a common prey to both the Nations and they were divided among themselves some adhering unto England and their first Contract and others pretending the old league with France but indeed cleaving to idolatry whereupon followed that infortunat battell at Pinky on the tenth of September An. 1547. The warrs continue some years betwixt the two Nations and the Queen was sent to France in April An. 1548. John Knox hapned to be within the castle of Saintandrews when the last siege began and was carried away to France with the others because it was made cleare that he was not at the murder nor did consent unto the other crimes he was set at liberty and went to Geneva thence he was called to the Ministry of Englishes at Frankeford In the year 1553. Mary being Queen of England peace was concluded with France England Scotland The next year the Queen Dowager went to France and procureth that the Regent was moved to dimit his office they terrify him that within a few years he may be called to account of his intromission and in present contentation the King of France gave him the Dukedom of Chatterault So he resigneth his office in Parliament unto the Ambassadour Mons d'Osell in favours of Q. Mary and her Curatours King of France and Duke of Guise The Ambassadour delivereth instantly the same office unto the Q. Dowager Then the Prelates thought that none durst open a mouth against them but the provident eie of God brought from England in time of persecution under Mary some learned men as Wi harlaw John willock c. and Jo. Knox returnes in the end of the year 1555. Before his coming the best Another step of Reformation men thought it not a sin to be present at Masse he by authority of Gods word persuades them to abhor it He abode at Dun and was exercised dayly in preaching then he went unto Calder where the Lord Erskin L. Lorn and James Priour of Sant Andrews son of James V. and sundry other Noble men were his hearers He went to Finlastoun and preaches before the Zealous Earle of Glencairn he ministreth the Lords supper wherever he preacheth When the Bishops heard of this they summon him to appear at Edinburg May 15. An. 1556. The Bishops assemble not and he preaches in the Bishop of Dunkells loding
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
began to praise God that he had so mercifully heard them in their extremity and had sent such support that without effusion of blood the rage of their enemies might be stayd The same night the Earle of Argile and L. James were sent from Sterlin and coming the next day began to advise unto agreement of which they were all willing but some were suspicious that promises would not be keeped longer then their adversaries saw their advantage John willock came with them of the West country then he and Iohn knox went to the Earle of Argile and L. Iames accusing them that they had deftauded the brethren of their dutifull assistance in such necessity They both answered Their heart was constant with their brethren and they would defend that cause to the uttermost of their power but because they had promised to endeavoure a concorde and to assist the Queen if yee shall refuse reasonable offers in conscience and honour we could do no less than be faithfull in our promise made and therefore we yet require that the brethren may be persuaded to consent unto a reasonable appointment and we promise in Gods presence that if the Queen shall break in any jote thereof we with our whole power will concurre with the brethren in all time coming So Maie 28. the appointment containing the forenamed conditions was concluded and free entry was made unto the Queen the Duke and the French men Before the departing of the Congregation A peace was made Iohn knox had a Sermon exhorting them all unto constancy and unfainedly to thank God for that it had pleased his mercy to stay the malice of the enemy without effusion of blood and that none should be weary to support such as shall hereafter be persecuted for said he I am assured that no part of this promise shall be longer keeped than the Queen and the French men have the upper hand Many of the adversaries were at the Sermon And before the Lords went away this bond was drawn-up At Perth the last day of May in the year 1559. the Congregations of the West Country with the Congregations of Fife Perth Dundy Anguise Merns and Montrose being conveened in the town of Terth in the name of Jesus Christ A new bond for setting forth his glory understanding nothing more necessary for the same than to keep constant amity unity and fellowship together according as they are commanded by God Are confederated and become bounden and obliged in the presence of God to concur and assist together in doing all things required of God in his Scripture that may be to his glory And at their whol powers to destroy and put away all things that do dishonour to his name so that God may be truly and purely worshipped And incase any trouble be intended against the said Congregation or any part or member thereof the whole congregation shall concur assist and conveen together to the defense of the same congregation or person troubled And shall not spare labours goods substance bodies and lifes in maintaining the liberty of the whole congregation and every member thereof against whatsoever person shall intend the said trouble for cause of Religion or any other cause depending thereupon or lay to their charge under pretense thereof although it happen to be coloured with any other outward cause In witnessing and testimony of the which the whole congregation fore said have ordained and appointed the Noble men and persons underwritten to subscribe these presents It was subscribed by the Earls Argile and Glencairn and by the Lords James Stuart Boyd Uchiltry and Mathew cambell of Tarmganart The hist of refor li. 2 Immediatly after their departing all the heads of the Capituâ—â—â—on were broken some citizens were exiled others were fined in great sums the Magistrats thrust out of their office new ones against the usuall manner intruded and four companies left for a garrison and these were charged to permit no other Service but of the Roman Church Some desiring matters to be carried more peaceably told her these things would be interpreted a breach of the Articles She answered The promise was to leave no French Souldiers in the town which she had done for those were al Scots men It was replied that all who took wages of the French King would be called French Souldiers She said Promises are not to be kept to hereticks and if she could make an honest excuse after the fact committed she would take upon her conscience to kill and undo all that Sect And Princes should not be so strictly urged to keep promises These speeches beeing divulged did procure to her much ill nor did she after that time see a good day but was despised and misregarded by all sorts of people The Earle of Argile and L. James thinking their honour touched by the breach of the peace did forsake her and went to the Congregation Therefore they were charged to appear before Her Counsell but they answer Seing the Queen had broken conditions which by warrant from herself they had made with the Lords of the Congregation they would medle no more in such dishonest courses and do their best to repair things Thè Noble men were gone to Santandrews and because they feared some sudden attempt for the Queen and the Frenches lay at Faulkland they sent to the Lairds of Dun Pittarrow and entreated them of Angulse Merns to meet at Santandrews Juny 4 and they went to Creil whither all that had warning came with great forewardness and were not a little encouraged by John Knox in a Sermon he told them that then they saw it true what he had said at Perth concerning the Queens sincerity and exhorted them to be no longer deluded with fair promises of them who had no regard of contracts covenants nor oaths and because there will be no quietnes till one of the parties were Masters he wished them to prepare themselves to dy as men or to live victorious By this exhortation the hearers were so moved that immediatly they pull down altars images and all the moniments of idolatry within the town and the next day they did the like in Anstruther from thence they hasten to S. Andrews The Bishop hearing what they had done and thinking they would attempt the same reformation in the City came to it well accompanied to withstand them but when he had tried the affections of the people he goeth the next morning unto the Queen That day being sunday John Knox preached in the Parish-church he compared the estate of the Church which was at Jerusalem when Christ purged the temple unto the estate of the present Church and declared what was the duty of these to whom God had given authority and power He did so incite the hearers that after Sermon they went and made spoil of the Churches and rased the monasteries of the black and gray Friers I will not scan whither the acts of such zeal was according to Gods law but to speak
historically in such paroxisms and great revolutions the like practise is scarcely evitable and certainly is contrary unto the Standing law of the Land and is condemned by the adverse party and yet mantained or at least the Actors have been cleared by their own party having the Supream power whether the practise was in good or evill as appeareth by the Parliament of England in that same year justifying or absolving all them who had done the like against the lawes made under Q. Mary and Standing for the time un-repealed as I hinted before and also by the Parliament of England absolving them who had torn and burnt the English Bibles and Service-books and had killed the Ministers c. in the year 1553. which was contrary unto the Law of the Land made in time of King Edward 6. and Standing at that time unrepealed The Regent hearing of those things gave presently order unto the French Companies to march toward Sant Andrews and sent proclamation to all the parts about to meet her in armes the next morning at Couper The Lords went thither the same night accompanied with a hundred horse only and so many foot but such was the readiness of men that before ten of the clock the next day they grew to 3000. Rothes and Ruthuen brought many Gentle men with them some came from Lothian and the towns shew great resolution The next day was foggy about noon the aire began to clear then the Frenches sent some to view the fields and these returning began to â—aint of their courage wherefore a Post was sent to Falkland to shew the Regent that the Lords were stronger than was supposed as also that there was mutiny in their own army some openly professing that they would not fight against their Country-men for pleasure of strangers These newes moved her to yeeld unto a treaty of peace so Lindsay and Waughton were employed by the Duke who commanded the Scots in the Regents army to confer with the Lords they would not suffer the two to Another treaty of peace come neer their army and said They knew the Regent had sent these forces against them and if they will invade they shall find them ready to defend but they professing their purpose of peace and that they were sent for that effect were admitted the Lords say They had been so oft abused by the Regent's promises that they can not trust her words any more But if She will send away the French men and give suretie that no violence shall be used against them of the true Religion they shall not be unreasonable They reply The Frenches can not be sent away untill the French King were advertised and She can give no other security but her own word nor stands it with her honour to do otherwise Because peace could not be concluded truce was made for 8. dayes upon condition that the Frenches shall be removed into Lothian and before the expiring of that time some shall be sent to Santandrews with authorised power to make a firm peace This truce was signed in name of the Queen by the Duke and Dosell Junie 13. So the Lords of the Congregation did first remove and at Couper they had a publick thankesgiving unto God that their enemies were disappointed and the next day the Armie was dismissed and the Lords went to Santandrews waiting but in vain for the makers of the peace and in the mean time complaints were brought dayly from Perth against him whom the Regent had set in the Provosts place and did oppresse them The Earle of Argile and Lord James did advertise the Regent and craved that the town may be restored to their former liberty No answer was returned wherefore the Lords went and sumoned the Provost Captains and souldiers to render the town assuring Perth seâ— free them if they will hold out and any one of them be killed in the assault all their lifes shall pay for it The Provost answered at first they had promised to keep the town and they will defend it to the last drop of their blood So they answered the second summons being confident that the Regent would send relieff But when the besiegers began to play upon the west and east parts of the town at once they within profered to depart if relief came not within twelve hours Thus the town was yielded and restored to their liberties Junie 26 The next day they consult what to do with the Bishop of Murray who was then dwelling in Scone and having many Scone is burnt souldiers there about had despitefully threatned the town The Lords wrot unto him that unless he come and assist them they could not save his Palace But these of Dundie considering his pride and especially how violent he had been against Walter mill would march to Scone some persons were sent to hinder them but because they had found in the Church a great parcell of his goods hid to preserve them the multitude could not be stayd till the ornaments as they terme them of the Church were destroyed The Lords did so prevaile that for that night the Church and place were spared and they brought away the multitude The same night the Bishops servants began to fortify again and to do violence unto some carrying away what baggage they had gote and the next day some few persons went again to behold what they were a doing the Bishops servants were offended and began to speak proudly and as it was affirmed one of the Bishops sons with a rapier thrust thorow one of Dundy because he looked in at the Girnell-door When this was reported the towns men of Dundie were enraged and sent word to the inhabitants of Perth that unless they would support them to avenge that iniurie they would never concur with them in any action The multitude was easily enflammed and quickly set all the palace in a fire Many were offended and an antient woman hearing them take it so ill said Now I see Gods judgements are just and that no man can save where God will punish since I can remember this place hath been nothing els but a den of whoremongers it is incredible how many wifes have been abused and young women de flowred by these filthy beasts which have been fostered in this Den and especially by that wicked man who is called The Bishop if every one knew alswell as I they would praise God and no man would be offended With these words many were pacified Histo of Reforma The day preceeding news was brought that the Regent had ordered a garrison to lye in Sterlin to seclude the Congregation of the one side of Forth from the other the Lords made hast to prevent that and riding all night came early in the morning where the altars and images and abbey of Cambuskenneth were thrown down and on the fourth day marched toward Edinburgh doing the like at Lithgow The Lord Seton being Provest of Edinburgh had undertaken the protection of the black
and gray Friers but hearing of the sudden coming of the Lords he fled and the Monasteries were plundered before they came and God put such a fear into the adversaries hearts that they did all flee to Dumbar Then the Regent gave forth a Proclamation declaring that where as a seditious â—umult was raised by some of the Lieges under pretense of Religion she had made offer to call a Parliament in January next or sooner for establishing an universall Order and in the mean time to suffer every man to live at liberty of conscience But they reiecting all reasonable offers had by their actions clearly shewd that it is not Religion they seek but the vsurpation of the Crown as appeares by that they had received and sent messages from and into England and now have possessed the palace of Halirudhouse and the Mint-house Wherefore She commanded all persons to forsake them and live obedient unto authority or els they shall be reputed traitours to the Crown As also that party caused it be rumored that these Lords had conspired to deprive the Queen Regent of her authority and the Duke of his tittle of succession unto the Crown These rumors prevailed so that many began to shrink away Therefore they did clear themselves by their Letters unto the Regent and open proclamation unto the people declaring that these misreports had flowed from their enemies and were most false seing their intentions were no other but to abolish superstition which is contrary unto the Word of God and to maintain the Pâ—eachers of the truth from the violence of wicked men And if She would use her authority to that effect they shall continue al 's obedient subjects as any within the realme Then the Regent trusting to gain some what by conference did offer a safe-conduct to any they pleased to send Two A Conference were sent to petition liberty of their consciences the removing of unable Ministers licence of publick preaching without molestation untill by a general Councell lawfully convâ—â—ned or by a Parliament within the realm all controversies of Religion shall be decided and to remove the French Souldiers These propositions were not pleasing yet made She no shew of dislike but using gracious words she craved to speak with some of greater authority and namely the Earle of Argile and Lord James For said She I still suspect there is some higher purpose amongst them than religion The Lords would not consent that these two should go unto her because one of her chief attendants was said to have bragged that before Michaelmes these two Noble men shall lose their heads This not succeeding it was agreed that sixe persons on each side should meet at Preston The first day nothing was concluded for the Queen seeming to yeeld unto the free exercise of Religion would have it provided that where she hapned to come the Ministers should cease and the Masse only be used It was answered This were to leave them no Church for the Queen might change the place of her residence and so could there not be any certain exercise of Religion The next day the Lord Ruthven and Pittarrow were sent with this answer As they could not impede her to use what Religion she pleased so could they not consent that the Ministers of Christ should be silenced upon any occasion much less that the true service should give place to idolatry wherefore they humbly crave as they had oft liberty to serve God according to their conscience and to remove the French Souldiers or els there can be no solide peace The Queen said She wished peace but gave a direct answer to none of the points At this time the Commons were scattered for want of victualls and Gentle men being constrained by lack of furnishing and partly hoping for a finall agreement had returned after so many months unto their dwellings but the Noble men resolved to abide at Edinburgh till matters were fully composed Now newes came that Henry II. King of France was dead This put the Lords in better â—â—pe but made them more careless for as if there were no fear many wâ—nt home and they who remained lived secure without any watch But the Queen became more watchfull observing al occasions of advantage and hearing of the solitude in Edinburgh hasteth thither with her companies The Lords hearing thereof are doubtfull if they leave the town the Church which was then established in some measure would be cast down therefore with the small number they had they put themselves in order at Craigingat to impede the Frenches The Duke and Earle of Morton were conveying the Queen and would have composed things only that day they kept the parties from an open conflict The next day the Queen having lodged in Lieth prepared to enter the town at the West port and the Lord â—rskin who till then had been neuter and had the Castle threatned to play upon them unless they suffer the Queen to enter without trouble Hereupon after consultation it was thought safer to take an appointment albeit the conditions were not such as were wished than to hazard battell betwixt two such enemies After long talking five articles were penned which they craved 1. No member of the Congregation should The articles of appointment â—n Lieth be troubled in life lands or possessions by the Queen's authority noâ— any Judge for any thing done in the late Innovation till a Parliament which shall begin January 10. had decreed things in controversy 2. idolatry shall not be erected where it is at this day suppressed 3. Preachers shall not be troubled in their Ministry where they are already established nor stopped to preach wheresoever they shall chance to come 4. No bands of men of warr shall be layd in garrison within Edinburgh 5. French men shall be sent away at a convenient day and none other shall be brought without consent of the Nobility and Parliament These articles were granted and the Queen addeth 1. the members of the congregation excepting the indwellers of Edinburgh shall leave it the next day before ten a clock 2. they shall render the Mint-house at that time 3. the Church-men shall take up and freely dispose of the tyths and other profits of their Benefices until January the tenth The next day July 25. the Lords went to Sterlin The Duke and Earle of Huntley met with them at thâ— Querry-hols promising if any part of the appointment shall be violated they shall join New Policies all their forces for expelling the Frenches The Queen was thereafter more carefull then formerly to observe the conditions but went about many wayes to reâ—stablish the Masse and bring the favourers of Religion into contempt In Edinburgh she employeth the Duke and Huntley and Setoun to deal with the Magistrates to appoint some other Church for their preaching and let the Church of S. Giles be for the Masse They answer That were a violation of the articles The others reply The Queen will keep
having interess That none of them take in hand to hold any consistory for administration of the said wicked lawes or assist there to in any way from thence forth Vnder the pain of death As yee will answer to us thereupon The which to do we commit to you conjunctly and severally our full power Given under our signet at Dundy the 14 day of December and of our reignes the second and 18 years These two Proclamations are not that I have seen in print but I have them by mee as yet with the Signet whole and entire which I received as I have hinted before among the papers of John erskin of Dun. The difference of the time in the Date is clear for the Queen was marryed in the beginning of Decemb. An. 1558. And I make use of them here against the impudent slaunders of An observation out of the premisses that malevolent Author who in that Latin History lately printed calleth the Reformation of the Church of Scotland a tumultuous and Vandal Reformation howbeit out of these Proclamations and all other proceedings heertofore it appeares clearly that whatsoever was done had the authority of the Publick Convention of the Estates and lesser things were done by the Counsell but the Queen being a Minor and not in the Country ftom her infancy and being under the tutory of her Vncle a stranger and an enemy of Religion who had given his power unto strangers for opposing Religion And all the antient Churches as yet standing both in burroughs and country do bear witnes that they did not at that time throw down any necessary church but only the abbeyes and monasteries and their churches IX About the 20. of December Robert Meluill of Raith who was sent with Lethintoun into England returnes and shewes that the Queen of England had granted a supply and appointed the Duke of Norfolk A treaty with England and the Frenches make trouble to their own losse to treat at Berwick with the Commissioners of the Scotish Nobility When the Regent was advertised of this conclusion she with her Counsell resolves to make an end of the warre before the English support could be in readiness and to begin at Fife Thereupon the French men take their journy by Sterlin and spoil where they come when they had passed the bridge the storm was so bitter and the snow had fallen so deep that they could not passe thorough the midle of the country but resolve to march by the coast and so unto Santandrewes and to have fortified the castle and City The Lord James stuart and others hearing that they were passed Sterlin sent some Forces with the Lord Ruthuen to withstand them and in his company was the Earle of Sutherland being directed as he professed by the Earle of Huntly to offer his assistance but his principall commission was for the Regent as afterward was made known But he was not long time in their company for in the first rancounter of the Scots and French men at Kingorn Sutherland was hurt in the arme and went back to Couper The French men being the greater number took Kingorn and the Scots return to Dysert where they continued skirmishing for three weeks that the enemies could not march further and the country was preserved from the spoil so soon as the Regent heard that Kingorn was taken she sent post to France shewing that thousands of the hereticks were slain and the rest were fled and requiring that some of her friends would come and take the glory of that Victory So Martiques was sent again with two ships A day was appointed by the Noble men to meet at Couper for sending Commissioners to treat with the Duke of Norfolk unto this meeting went the Noble men that were at Dysert and sixe were sent to Berwick both parties did quickly agree upon a league for defense of both kingdoms whosoever shall inuade either of them The contract was dated Fabruat 27. The capacity of a Treaty with England shewes what a considerable part of the kingdom the Congregation was at that time The Frenchmen at Kingorn hearing that the Noble men were gone from Dysert march a long the coast and at Kincraig they see a fleet of ships they apprehend them a supply from France but they were by and by informed that it was a fleet of Englishes and also that an Army was coming by land Wherefore they fearing to be severed from their fellowes at Lieth made the greater hast by night and day and came to Lieth on the third day losing more of their company by the way than they had killed of their adversaries as they had done more evill to their friends for of all that were professed enemies unto them only the Laird of Grange had his house blown up with powder but others of their faction were forced to furnish them or the souldiers took the readiest they could apprehend When complaints were made to the French Captaines they scornfully answered These were the Congregation-mens goods Or if they made faith that these were their own goods they were railed upon as unworthy and niggard cowards that made more account of their goods than of their friends And the professours of religion had put their goods out of the way But this spoil made that faction joyn the more willingly with the defenders of their liberty At that time the Barons of the Merns were busy in the Reformation of Aberdien The Earle of Huntly withstood but when he heard of the advancing of the Englishes he sent unto the Lords craving to be admitted among them as also he heard that Proclamations were sent through all the country charging all the subjects to meet in arms at Lithgow the last day of March and thence to passe in persuite of the French enemies At that time the English forces consisting of two thousand horse and 600 foot entred into Scotland and the Scots army joyned with them April 4. An. 1660. The same day the Regent removes her family to the castle of Edinburgh the Lord Erskin knowing that she was of intention to have the Frenches Masters of that strength would not deny her entry but he was so circumspect that both she and the castle were still in his power X. The Noble men then wrote unto her humbly again and again entreating Mediation of peace An. 1560 that she would dismiss the French souldiers and profering that they shall be safely conveyed into France and promising never to forsake dutifull obedience unto their Queen nor resist the King her husband in any thing that shall not tend to the subversion of the liberties of the Kingdom and beseeching her to weigh the equity of their petition and the inconveniences of warre The English Generall did in like manner direct two gentle men unto the French men in Lieth for the same purpose Both were answered with delayes but would not be delayed and assault the town and were repulsed twice with the losse of two men The King of France hearing
charge must be subiect to the censure and correction of Ministers and Elders not of his chief town only but also of the whole Province of which he is appointed overseer If his offence be known and the Ministers and Elders of the town and province be negligent then the next one or two Superintendents with their ministers and elders may conveen him and the Ministers and Elders of his chief town provided it be within his own province or chief town may accuse or correct aswell the Superintendent in these things that are worthy of correction as the ministers and elders of their negligence and ungodly toleration of his offence Whatsoever crime deserves deposition or correction of any other minister deserves the same in the Superintendent without exception of persons He hath also curtailed these rules for what cause he hath so done he who pleaseth to confer the two may guesse XII The Parliament as was appointed in the Treaty sate down in The Reformation is establisht by Parliament and the Confession of faith August at Edinburgh there were present sixe Bishops twelve Abbots and Priors nineteen Earls and Lords with many Barons and of Commissioners of Burghs none were absent Many Lords both of the one and other Estates did absent themselves contemptuously saith the author of the History of Reformation The first thing they treat was a supplication of the Barons gentlemen burgesses and other true subiects of the realm professing the Lord Jesus for a Reformation of Religion So soon as it was read the Barons and Ministers were called and command given unto them to draw into plain and severall heads the sum of the doctrine which they would maintain and desire to be established as wholesom true and only necessary to be believed This they willingly accept and on the fourth day to wit August 17. they present the Confession which afterward was registred in the first Parliament of King James 6. and is commonly seen also in the Harmony of Confessions When the Confession was read first by the Lords of the articles and then in audience of the whole Parliament all were bidden in Gods name to obiect if they could say any thing against that doctrine some Ministers standing-by ready to answer if any would defend Papistry or impugne any article No obiection was made then a day was appointed for concurrence in that and other heads that day the Confession was read again each article severally and the votes were asked accordingly The Papisticall Bishops said nothing Three Lords Athol Sommerwell and Bortwick said Wee will believe as our fathers believed The Earle Marshall said It is long since I had some favour unto the Trueth and since I had a suspicion of the papisticall Religion but I praise my God who this day hath fully resolved mee in the one and the other for seeing the Bishops who for their learning can and for their zeal that they should bear unto the verity would as I suppose have gainsaid any thing that directly repugneth unto the verity of God Seing I say the Bishops here present speake nothing against the doctrine proposed I can not but hold it for the very truth of God and the contrary to be deceivable doctrine and therefore so far as in melyeth â— approve the one and condemne the other And yet more I must vote by way of Protestation that if any person Ecclesiasticall shall after this oppose themselves to this our Confession that they have no place nor credite considering that they having long advertisment and full knowledge of this our Confession none is now found in lawfull free and open Parliament to oppose themselves to that which we profess and therefore if any of this Generation pretend to do it after this I protest that he be reputed one that loveth his own commodity and the glory of the world more than the Trueth of God and the salvation of mens souls After the voting and establishing of the Confession by the whole Body of the Parliament there were also read two particular Acts one against the exercise of the Masse and the abuse of the sacraments and the other against the supremacy of the Pope these were severally voted and concluded then and renued in the Parliament An. 1567. With these Acts Sir James Sandelanes Knight of the Rhodes who had been neutrall hetherto was sent into France for obtaining ratification and was ordered to clear the Noble men and others from the imputations of dissoyalty and to pacifie the mindes of their Soveraines But he found his ambassage and himself contemned the Guisians checking him bitterly at his first audience that he being a Knight of the holy Order had taken a Commission from rebells to sollicite ratification of execrable heresies I will not stay here upon the reasonableness of this answer nor to consider who gave it only this is added by my author that more care was given unto three persons the Bishop of Glasgow the Abbot of Dumfernlin and the Lord Seton who went away with the French Army The Countrie then was greatly troubled for this cold entertainment of their Commissioner for they were sensible of their own weakness if France would invade again and they were doubtfull of England because their last support was with so great charges and hazard and the Earls of Morton and Glencairn who after the Parliament were sent to give thanks unto the Queen Elisabet and to entreat the continuance of her love had given no advertisement In time of this doubtfulness newes was brought that young King Francis was dead then sorowfull were the hearts of the Popish faction and the Countrie were confident to have their Queen at home again as God brought it to pass in despite of all the attempts that that faction did use in the contrary After the death of the King a Convention of the Estates was called to meet in January 1561. then was Lord James Stuart appointed to go in their names unto the Queen Commission was given to severall Noblemen and Barons in severall parts to pull down the abbeys and cloisters that were yet standing and to demolish all moniments of idolatry throughout the Country Then also the book of Discipline was presented and the Ministers supplicate the Convention to establish it Alexander anderson Subprincipall of the Vniversity at Aberdeen was called to obiect against it He refuseth to dispute there in matters of faith pretending for excuse a sentence of Tertullian The Ministers reply The authority of Tertullian can not preiudge the authority of the Holy Ghost commanding to give a reason of our faith to every one that requires it and for the present it is not required of him nor of any man to dispute in any point of our faith which is fully grounded upon Gods word and all that wee believe is without controversy contained in the holy Scriptures But it is required of him as of other Papists that they will suffer their doctrin constitutions and cermonies come to a tryall and especially
such as disobeied or contemned the Superintendents in their function 3. That punishment be appointed for the abusers and contemners of the Sacraments 4. That no Letters of Session or warrant from any Judge be given to answer or pay tythes unto any person without speciall provision that the parishoners retain so much in their hands as is appointed for maintenance of the Ministry And that all such as are given heretofore be called in and discharged 5. That the Lords of the Session or any other Judges proceed not upon such Precepts or warnings past at the instance of them which lately have obtained fues of Vicarages and Manses and Churchyards and that sixe a kers if so much there be of the Gleeb be always reserved to the Minister according to the appointement of the book of Discipline 6. That no Letters of Session nor other Warrants take place untill the stipends contained in the book of Disciplin for maintenance of the Ministers be first consigned in the hands at least of the principalls of the parishioners 7. That punishment be appointed against all such as purchase bring home or execute within this realm the Popes Bulls The Tenour of the Supplication was this Please your Honours and the Wisdoms of such as are presently conveened with you A supplication of Barons burgesses in Counsell to understand that by many arguments we perceive what the pestilent generation of that Roman Antichrist within this realm pretends to wit that they would erect their idolatry take upon them Empire above our consciences and so to command us the true subjects of this realm and such as God of his mercy hath under our Soveraine made subject unto us in all things to obey their appetites Honesty craveth and conscience moveth us to make the very secrets of our hearts patent to your Honours in that behalf whichs is this That before ever these tyrants and dumb dogs empire above us and above such as God hath subjected unto us that wee the Barons and Gentle men professing Christ Jesus within this realm are fully determined to hazard life and whatsoever we have received from God in temporall things Most humbly therefore beseeching your Honours that such order may be taken that we have not occasion to take again the sword of just defence unto our hands which we have willingly after God had given Victory both to your Honours and us resigned over into your hands to the end that Gods gospell may be publickly preached within this realm the true Ministers thereof reasonably maintained idolatry suppressed and the committers there of punished according to the lawes of God and men In doeing whereof your Honours shall finde us not only obedient in all things lawfull but also ready at all times to bring under order and obedience such as would rebell against your just authority which in absence of our Soverain wee acknowledge to be in your hands besâ—eching your Honours with upright judgement and indifferency to look upon these few arâ—icles and by these our Brethren to signifie unto us such answer again as may declare your Honours worthy of that place whereunto God after some danger sustained in his mercy hath called you And let these enemies assure themselves that if your Honours put not order unto them that we shall shortly take such order that they shall neither be able to do what they list nor to live upon the sweat of the browes of such as are not debters unto them Let your Honours conceive nothing of us but all humble obedience in God But let the Papists be yet once again assured that their pride and idolatry we will not suffer This Supplication was sent by the Master of Lindsay the Lords of Lochinvar Pharniherst and Whittengham Tho. Menzies Provest of Aberdien and Ge. Lovell burgess of Dundy The Lords and Counsell made an Act ordinance answering to every head of these articles and commanded Letters to be answered thereupon At this time Lord James Stuard had returned from France and brought Letters from the Queen praying them to entertain quietnes and to suffer nothing to be attempted against the Contract of peace which was made at Lieth till her own coming home and to suffer the Religion publickly established to go forward c. This second fall got Satan after he had begun to trouble the Religion once established by Law The Histor. of Reformat Lib. 3. That book closeth with these words The books of discipline have been of late so often published that we shall forbear to print them at this time hoping that no good man will refâ—se to follow the same till God in a greater light establish a more perfite By these and many passages of the book it is cleare that at that time they did not judge it to be the constant rule of Disciplin in all time coming and so we will find that within few years the Assembly thought upon another Order XIV August 19. An. 1561. The Queen arrives at Lieth very many The Queens arrivall of all ranks come to congratulate her safe return much mirth was that week in Halirudhouse and Edinburgh On Sunday August 24. when preparation was for the Masse in the Chappell-Royal the hearts of the godly were stirred and some said openly Shall that Idol be suffered to take place again within this realm It shall not One carrying the candle was sore affrighted No Papist durst speak against them but Lord James took upon him to keep the Chappell-door when the Masse was ended the Priest was convoied betwixt the Lords of Coldingham Halirudhouse unto his chamber The next day the Queen comes into Privy Counsell Some were sent unto the Noblemen severally with these or such persuasions Alas will you chase our soverain from us She will incontinently return to her Galeys and then what will all Nations say of us may we not suffer her a litle while I doubt not but she will leave it if we were not assured that She may be won we should be as great enemies to the Masse as ye can bee her Uncles will go away and then we shall rule all at our pleasure would not we be as sorry to hurt the Religion as any of you would bee With these persuasions the fervency of many was abated and An Act concerning Religion an Act was made wherein her Majesty ordaines Letters to be directed and proclaimed that all the subjects should keep peace and Civil society while the Estates of the realme may be assembled and her Majesty shall have â—aken a finall order by their advice which her Majesty hopeth shall be to the contentment of all the Law bidding that none should take in hand privately or openly any alteration of the State of Religion or attempt any thing against the same which She hath found publickly universally standing at her arrivall under pain of death With certification that if any subjects shall come in the contrary he shall be held for a seditious person and raiser
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
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
2. Before this Assembly the Chancelor Lord Glamms had written unto the Church of Geneva for their advise in the point of jurisdiction and after this Assembly Beza in answer sent his book De triplici Episcopatu Divino Humano Satanico It is true that Saravia wrote an answer unto that book afterwards but how therein appeares the weakness of his judgement and the partiality of his affection I leave it to be considered I add only 1. It can not be denied that those three sorts of Bishops have been in the Church 2. When the device of man justleth out the appointment of God that device can not bring a blessing with it but is rather permitted for a judgement XIIII The Assembly coveenes at Edinburgh Aprile 1. year 1577. 1577. The 32. Assembly were present Bb. of Glasgow Dunblain Superintendents c. Alexander arbuthnot Principall of the colledge of Aberdien is chosen Moderator 1. Because the Moderator was not in the preceeding assembly and so knowes not what was done at his desire it is appointed that the Superintendent of Anguise and other sixe Ministers shall concurre with him at seven hours in the morning to advise upon the things that shall be thought good to be handeled in this assembly 2. The principall matter to be handled is the policy of the Church so the Brethren were called to give account of their diligence The heads penned by John Row and James Lowson were read and nothing was gain said but only one argument was referred to further disputation and all were required if they had any argument in the contrary to propound it or if they would not argue publickly to resort unto these Commissioners for their satisfaction Leaving also liberty to propound their argument in publick before the heads be recollected and ordered in one body The Superintendent of Anguise said the head that was assigned unto him was obscure The assembly ordereth him to conferre with the other Commissioners the next morning at seven hours The heads committed to Androw Hay were read and nothing was opposed only the article of suspending Ministers was referred to further reasoning David Ferguson's part was approved only one article was referred Of what was committed to John Craig some were ordered to be contracted and others referred to further reasoning When all was read four Ministers were appointed to dispose them all in a convenient order and if any man would object against any particular he should have place 3. Accusation was layd against Patrick Adamson that he had entred into the Bishoprick of Santandrews against the acts of the Generall assembly and had usurped the office of Visitation without commission and left his office of Ministry Because he is not present to answer the assembly gives their full power to Robert Pont James Lowson David Ferguson and the Superintendent of Lothian conjunctly or in case of the Superintendents inhability to David Lindsay or John Brand To direct summons against the said Patrick to compear before them at such day or dajes as they shall think good Within Edinburgh To try examine his entry and proceedings to the said usurpation of visitation and deserting his ordinary Office of the Ministry With power unto them to summon the Chapter of Santandrews or so many of the Chapter as they shall judge expedient if need be and the Ordainers or inaugurers of the said Patrick as they shall think good for the better tryall of the premisses and what they shall find heer-in by process of examination report unto the next assembly And in the mean time to discharge him of further visitation untill he be admitted by the Church 4. James blakwood having two Benesices the personage of Sawchar and Vicaradge of Salin is ordained to dimit the one 5. Certain Min. were directed to inform the Lord Regent that the Church is abont the matter or argument of the Church-policy and when they shall have proceeded in it they will give him advertisement They went and returning report that the Lord Regent is well pleased with their travells and exhorts them to expede And if any thing occurre in the mean time let them give him information and they shall have his answer 6. Some petitions weresent unto the L. Reg as that provision may be made for Visitors that persons deprived by the Church for not doing of their Office may be deprived of their Benefice that he would put order to them who sell their Benefice that when a Benefice shall vake it may be bestowed on him who serveth at that Church and not on another not so well qualified c. These who were sent with these petitions after they had waited some dayes for answer return and report that because they had not commssion in writ his Gr. would give them no answer 7. The Brethren that were appointed to collect and digest the heads of the policy deliver them and all men are required to propound what argument they have against them Three of them de Diaconatu de Divortiis Jure Patronatus were called into doubt and nothing objected against the rest These three were disputed In utramque partem and it was appointed to argue more of them the next day 8. The Assembly considering the iniquity overflowing the wholl face of this common-wealth in so great light and revelation of the true religion and provoking the justice of God to take vengeance on so unthankfull a Nation And the many and perillous stormes and rage of persecution against the true members of Christ in France and in other parts Likewise the establishing of a setled order and policy in the Church being now in hands Have thought good that earnest recourse shall be had to God with common supplications and so that a generall fast be observed in all the churches of the realm with doctrine instructions unto the people to begin the second sonday of July and to continue untill the next Sonday thereafter c. 9. Because the marter of the policy is not as yet in such form as is requisit and some heads must be contracted and others enlarged for avoiding superfluity and obscurity the substantials being keept Some Ministers are appointed to use diligence in the premisses And that the work may be the more perfected before the next assembly which is ordained to begin at Edinburgh Octob. 25. other Ministers are appointed to conveen there Octob. 19. to consider the travells of the before named Ministers And the Visitors of Provinces are ordained to make intimation unto the Noble men and Barons that this work is in hand and to be treated in the next Assembly desiring their presence and concurrence c. Observe 1. In the first particulare a litle thing was begun for a personall use and thereafter the same was continued and turned to a common evill These who were appointed to informe the Moderator at that time in the assemblies following were chosen under the name of The privy conference and power was given unto them to
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
his scruple II. The Act made in the Assembly An. 1588. concerning beggares shall be published again in all churches by the Minister there and put to execution by the Ministers so far as concerneth them as they will be answerable unto the Church III. The subscription of the book of poliey◠which was enjoyned by the preceeding assembly hath been neglected by many presbyteries therefore the Assembly ordaines the former Act to be observed before the next Assembly And the Moderator of each presbytery to see the execution thereof under the penalty of 40. sh to be employd unto the use the poor besids other censure of the Church IV. Seing sacriledge is an universall sin regning throgh the Countrey and is esteemed commonly to be no sin nor is known unto many it is thought good that this monster be described in its own colors and therefore Rob. Pont is appointed to take paines on that subject and others are appointed to visite and peruse his travells and to give him their judgements therein that the same being perfected may be presented again unto the Assembly V. Because the order heretofore in giving power unto certain brethren named to read and give answers unto the bils that are brought unto the Ge. assembly seemes unto some to be inconvenient and derogative unto the Provinciall Assemblies specially in so far as the things that were doubtsom unto them and were referred unto the full assembly are committed to the decision of four or five brethren Therefore it is appointed that hereafter that certain brethren be chosen by the Assembly who shall have only power to receive such bills read and consider if they be brought pertinently and if they be impertinent to give such answer on the back of the bill but if they be pertinent to bring them before the Assembly to be answered there yet with their opinion by word what they have considered thereof VI. These who have the name of Bishops and somtime have been in the Ministry and now neither will serve the Church whereof they take up the fruits nor pay the stipends of them that serve As they are appointed by the Plat but spend the rents on profane uses should be censured by the church and if they amend not should be excommunicated VII In Sess 11. compeare the Lord Provand President with two other Lords of the Collegde of Justice Culros Barn barrow and in name of the Session declare that they are informed that the L. of Halyairds one of their number was yester day called at the instance of Pa. Simson Min. at Sterlin for calling him a suborner or seducer which matter is presently depending before the Session being a Civill cause and proper to their cognition and the Church is not Judge thereof and therefore they crave that the Assembly should not proceed in that cause untill it take an end before them and do nothing in prejudice of the Colledge of Justice These were removed and after consultation they were called-in again answer was made The Assembly will do nothing in prejudice or to the hurt of the Session nor medle with any Civill cause but this being a matter of slander they had reason to purge their own members thereof without any prejudice of the Civill Judicature and crave that as their Lordships would not wish the hinderance of their own judicature so they would not take it ill that the Church proceed in purging their own members in an ecclesiasticall way In Sess 13. it is propounded again whether it be expedient to proceed in that cause before that the Lords of the Session had given out their Sentence decisive It was thought meet to demand the L. Justice whither he doet◠acknowledge the jurisdiction of the Church in this cause He answereth he acknowledges with reverence the judgement of the Assembly in all causes appertaining unto them but this cause is Civill whereof the Lords are Judges primariò and presently dependes before them and the Church can not be Judges primariò He is removed again and after advice he is called-in the Assembly declares that they find themselves Judges of this cause primariò and therefore will proceed in it Requiring that he will declare what he can say in the contrary He takes instruments of their interloquiture and protesteth for remede of law Because his protestation was made only verbo and containes severall heads they crave that he give his protestation unto the Clerk in write VIII An Act of the Lords of the Checker upon a Supplication made by some Ministers dated at Halyrud-house Febr. 10. 1590. declaring their meaning That all Ministers who have vitiate any Benefice of cure in wholl or in part by purchasing unto themselves their heires or assignayes or set long tacks of it within the worth thereof Be compelled by censure of the Church to restore that Benefice to the own integrity for the use of the Minister presently serving the cure And to that effect require the Generall assembly Commissioners and presbytery of the bounds where the Benefices lye to take notice of such persons and to proceed against them as said is in most strict form as such a great enormity requires ay and whill they shall redintegrate the Benefice without any other process of law The Assembly approves this Act and ordaines it to be put into execution by every Presbytery according to the tenor of it IX Forsomuch as many things have been done by Ministers and others pretending the title and name of the Church greatly prejudicial to themselves and the disciplin and the Patrimony or living of the Church And by priviledge of good lawes it is granted and lawfull unto them to remede themselves by revocation thereof Therefore the wholl assembly after deliberation have revoked and by these presents do revoke all and whatsoever thing done by them or others cloathed with the title name of the Church prejudiciall to themselves their disciplin their patrimony and living as being enormely hurt thereby And protests according to the disposition of the said law solemnely that they may be heard in time place to seek remedy thereof And it is ordained that every Presbytery shall receive a copy of this revocation and give command to the Ministers within their boundes to intimate the same from their pulpits X. A form of examination before the Communion being penned by Iohn Craig is approved and ordained to be printed XI Commissioners are appointed to present unto his Majesty and Counsell with all humility the petitions of the Assembly to wit that the Acts of Parliament that are made for suppression of the enormities following may be put to execution as against Iesuites namely Iames Gordon the reeeipters of them and excommunicate Papists namely the Laird of Fentry and the Master of Anguise profaners of Sacraments and privat men women givers thereof idolaters pilgrimages Popish Magistrats sayers hearers of Masse apostates publick markets on the Lords day violent invaders of Ministers profaning of the Lords day by
supplication when he is now at liberty But Both well falleth to his wonted formes and threatned to make the King observe the conditions Wherefore he was cited to compear before the Counsell and not compearing was denounced rebell Much trouble followes with the Popish Lords whereof is mention in the next Assembly XXXI The Assembly conveenes at Edinburgh May 7. 1594. Andrew 1594. Melvin is chosen Moderator I. James Drummond and other Burgesses of The 56. Assembly Perth being cited by the Presbytery there for receiving the excommunicated Lords into their houses do compeare They are demanded whither they had received and entertained these Lords They answer They did receive them but â—ore against their wills and in obedience unto the Kings charge and before the coming of the charge the greatest part of the town had condescended to receive them They were urged with rheir own promise not to receive them and that they had violate their promise They answer A promise of assistance was made unto them and that promise was not keept unto them They were removed and after they had consulted with some others they return and confess for themselves and in name of the town to the glory of God and fatisfaction of the Assembly that they were too rash and suddain in receiving these notorious enemies of God craving most earnestly that none take offense nor evill example by their doing protesting before God that these had entred the town against their hearts who are here present and promising in time coming to maintain and assist the Church and true religion presently professed within the realm and to resist the enemies thereof to the uttermost of their power This eonfession and promise they gave in writ and subscribed in the face of the Assembly and the Minister of Perth is ordained to declare in pulpit of that town the satisfaction accepted c. II. The Sentence of excommunication pronounced by the Synod of Fiâ—e in October against the Apostate Lords Anguse Huntly Arroll and others the Assembly in one voice ratifieth and allowes as also the process led against them and ordaines all Pastors within the realm to publish at their churches the same Sentence lest any man pretend ignorance of it Exception is made of Alexander Lord Hume who hath satisfied the Church as followes III. After particular search of diligence used by Presbyteries for extirpation of papistry and what disciplin they had used against papists and the receivers of excommunicats and priests that so the danger of true religion may be the more known and considered It was thought meet to consider his Ma s good endeavours and here they remember his Ma s good designe at Aberdien where He and the Noble men and Barons made a Bande for defence of religion took the houses of the Apostates and put men to keep them he called some Papists and sent them to Edinburgh he gave commission unto the Earle Marshall of Lieutenentry for suppressing Papists and had called sundry Barons before him for cognoscing the subscription of the blanks which had verified that these subscriptions were the hand-writs of the Apostat Lords and after his return an Act of Counsell was made that none presume to procure any favor unto them and a charge was given to his Ministers to take the oaths of his domesticks that none of them shall interceed at his hand for them which was also done And that it may be evident that the Church hath not been idle in time of these dangers it was declared that they had propounded articles unto the Parliament for forfeting the Apostates they had directed their petitions unto the King at Iedburgh and again articles unto Lithgow of all which small successe hath followed and the danger is no way diminished The tenor of the Act and Bande above named is Wee Noble men Barons and others subscribing being fully and certanly persuaded of the treasonable practises and conspiracies of sundry his Hieness unnaturall unthankfull subjects against the estate of the true religion presently professed within this realm his Ma s person Crown and liberty of this our native Countrey and finding his Ma s good disposition to prevent and resist the same and to repress the chief authors thereof his Majesty having our concurrence and assistance to the same effect Therefore and according to out bond duty and zeall wee owe unto Gods glory love of our native Countrey and affection to his Ma s person crown and estate Wee have promitted and by these presents promit faithfully bind oblige us and every one of us to concurre and take sinceer and true part with his Maj. and each one of us with another to the maintaining and defence of the liberty of the saids religion Crown Countrey from thraldom of conscience conquest and slavery by strangers and for repressing and pursuit of the chief authors of the said treasonable conspiracies specially Geoge Earle of Huntly William Earle of Anguse Francis Earle of Arroll Sir Pa. Gordon of Achindoun Sir James Chisholm of Dundaruy Mrs Ja. Gordon William Ogilvy Robert Abercromy and all other Jesuits Seminary-priests trafficking papists and others his Hieness's declared traitors rebellious and unnaturall subjects treasonable practisers against the estate of the true religion his Ma s person Crown and liberties of this our native Countrey And to that effect wee and every one of us shall put ourselves in arms rise concur and passe forward with his Majesty his Lieutenentents or others having his Ma a power and commission at all times when wee shall be required by proclamations missive or otherwise and shall never shrink nor absent ourselves for any particicular cause or quarell among ourselves Wee shall not ride with assist shew favor give counsell nor take part with the saids Earls Jesuites nor others foresaid nor with the persons denounced or that shall be denounced to the horn or fugitives from his Majesties lawes for the treasonable raising of fire and burning of the place of Dunibrissell and murder of â—mquhil James Earle of Murray nor receive supply nor entertain them nor furnish them meat drink house nor have intelligence with them privatly nor publickly by messages letters nor any other way The skaith and harm of others wee shall not conceile but disclose and impede to our power The quarell or pursute of us or any of us wee shall esteem as presently wee do esteem as equall to us all And by ourselves our wholl forces like as his Maj. with his force and authority hath promitted and promits to concur assist together each one in the defence of others to our utter powers and if any variance shall happen to fall out among any of us for whatsoever cause we shall submit as we presently submit us to the judgement deliverance of any two or three of the principals of us subscribers of this present Bande fulfill whatsover band shall be declared by them without reclamation Atover his Ma. by whose direction command
plotters undermined by their privy Letters In the synod of Lothian at Tranent in August Jo. Spotswood and Iames law were accused for overthrowing the disciplin They protested that they had no such intention but only to recover the revenues of the Church But the brethren pressed them to subscribe the Confession of faith de novo and they subscribed it with the others IV. Laureston returning from Court heard of the Synod of Fife at 1605. Bruntelan thether he went Mention being made of hastening the Assembly he opposed and shew that in his commission was one article not to permit it Howheit supplication was made seven times to prevent the appointed day because of inconveniences following upon the delay the generall commissioners would not hear but alwayes promised that without fail the appointed time should be keept And when the time approached they sent their Letters unto the Presbyteries advising them not to keep the assembly on the fifth of July but delay untill the next Parliament without intimation of any other time or place Those Letters were not sent untill the time was so nigh that one presbyteâ—y should not know what another would do and they had platted to have episcopacy restored in the Parlia and in their Missives they named the fifth day of July as if that day had been appointed before for the assemb which gave occasion that sundry Ministers mistook the day whereby those who went to Aberdien keept not one day Some came July 1. to keep the first tuysday which was the day The Assembly at Aberdien according to the Letter of prorogation in the preceeding year these were Robert Dury Minister at Anstruther Andrew Duncan Min. at Careil Jo. Sharp mi. at Kelmeny Andrew Strachan mi. at Kriech Jo. Forbes mi. at Awford William Forbes at Kinbethok James Irwin at Touch Robert Youngson at Clat Robert Red at Banâ—hry Charls Farholm at Fraserburgh William Davidson ar Rathen David Robertson at Rugley John Monro ar Tane Archbald Blaâ—kburn and James Ross at Aberdien and John Rogh at Nig. When James Ross had ended his Sermon after the custom of the town on tuysday they conveened in the church with the Kings commissioner and with common consent delayd their sitting untill two a clok in expectation of mo hindred upon their way as was supposed by rainy weather At that hour they meet in the Session-house within the church and after prayer by David Reat late Moderator of the Synod at Aberdien who now came with Alexander and James Mill Laureston said Though he might charge them yet he would rather make use of a Missive from the Lords of the Counsell The Letter was directed To the Ministry in the Assembly at Aberdien He willed them to read it and give him their answer They answered It can not be orderly opened nor reade untill a Moderator were chosen He named John Forbes to be mouth for them They said There must be an ordinary election He removed himself lest as he spake he were quarelled as seeming to approve their election by his presence if it fall that he and they shall not agree Then they required Thomas Nicolson the ordinary clerk of the assemblies to do his office he refused untill he saw how they will satisfy the Commissioner then craving their dispensation he went away They proceed and having named three on the election with generall consent they choosed John Forbes and the rather that Laureston had named him after prayer by the Moderator they choose John sharp to be Scribe pro tempore The Letterr was read consisting of two points to dissolve the Assembly and to name no diet of another till his Majesty were certified They yeeld unto the first and for the other to keep the liberty according to they Act of Parliament they resolve to entreat the Commissioner to appoint time and place of another assembly and if he refuse they will do it They sent and entreated his presence then the Moderator declared the judgement of the assembly He approved the first part and refused to design another time long or short They assured him that upon the reverent respect of his desire they would be al 's ready afterwards to delay unto a certain day if his Majesty shall require it After reasoning he acknowledged a necessity of appointing a certain day but he would not do it because he had no warrant He removed himself again though he was entreated to stay giving the same reason as before Immediatly they adiourn the assembly unto the last tuysday of September next and appoints intimation to be made unto all the presbyteries accorto former custom Then Laureston returned the door was alwayes open and protested that he acknowledged not that for a lawfull Assembly from the beginning because of the absence of the Moderator of the last assembly and of the Clerk he except not against the number The Moderator answered It can not but be a lawfull Assembly because of the warrant 1. Of Gods word 2. The lawe of the realm 3. Continuall practise since the year 1560. and most clearly set down in the book of disciplin established by his Mas own desire publickly made known in the Asse at Glasgow 1581. ch 7. art 3. 4. where it is said All ecclesiasticall Assemblies have power to conveen for treating of things concerning the Church they have power to appoint time and place to that effect and one Assembly to appoint time and place of another 4. The subscription and oath of the King and all his subjects 5. the Commissioners from Perth 6. The presidents in the Register of the assemblies for choosing a Moderator in absence of the former and a Clerk for the time in absence of the ordinary In the mean while Laureston caused John Wishart Messinger or pursevant to charge the Assembly under pain of horning to suffer it to desert and gave a copy unto the Moderator Obedience was given instantly and the Moderator craved instrument under the hand of the same Messinger being also a Notary and because he refused the Ministers after the dissolving of the Asse with prayer by the Moderator went instantly into the common Clerk's chamber of Aberdien took instruments of their obedience unto that charge Of this charge no mention was made unto the Lords of the Counsell but another that was alledged to have been given by vertue of the same letters on moonday July 1 by open proclamation at the market cross whereas no such was done for Laurestoun would have mentioned it and not said he might have charged them And it can be proved as the Ministers wrot in The Report of the proceedings of the Assembled Ministers at Aberdien that from the first coming of Laureston and his servants into Aberdien untill eight a clok at night there were continually about the market place walking sundry honest men who heard no such thing I add of my own experience that Sumner was after the year 1606. called usually Jogleover or contractly Joglou'r as
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
which charge by diverse supplications given-in unto the Counsell the impannelled offred to reduce and to disprove but could not be heard and yet by vertue of that forged charge were they put to the horn Albeit all those former intimations of his Majesties will were true and had come to their knowledge yet could they not truly be found guilty of contempt sedition in their meeting proceeding in respect of an Act of Parliament James 6 parl 6. An. 1579. act 92 and law made in King Robert 2. and cited de verborum significatione both shewing the Civill jurisdiction judgement to be free from all contempt of his Majesties authority or of the Lords of Secret Counsell albeit they shall proceed in judgement according to law notwithstanding any privy writing charge or command directed unto them in the contrary by his Majesty or Counsell or any command directed unto them under the great Seal or Signet or privy seal repugnant to law whereupon it must follow much more A spirituall Judicatory which hath not institution or ground from Civill authority but from Gods word which is in nature different and distinguished both by the ordinance of God and lawes of the Land albeit the Iudicatory is not instituted yet is approved by Acts of Parliament may proceed lawfully notwithstanding any signification of his Majesties will or of the Counsell in the contrary and yet be free of all contempt or seditious proceeding And in the assembly at Dundy 1597. Sess 7. the article concerning no convention of Pastors without his Majesties knowledge and consent the King being present declared his consent to be extended unto all and whatsoever generall assembly or speciall permitted and authorized by his lawes accordingly as they have warrant in the word of God as being the most authentick form of consent that any King can give Next the Kings Commissioner was present with them consented unto their down-sitting acknowledged their authority by presenting the Counsels Letter craved answer unto it and consented unto sâ—ndry things done there his consent was craved in every thing and obtained in some As for the formality of their proceeding the work being such as concerned the house of God and so therein being subject unto the censure of the Overseers of Gods house so they submit themselves and their proceedings to be censured judged according to the word of God by a lawfull free generall assembly and in their apologies written upon occasion at other times they make clear their formality as 1. Whereas the Moderator of the last assembly was not present it could be no impediment of holding the assembly seing his absence was through his fault 2. His preaching was supplied by the teaching of the ordinary Minister of the town 3. As for the election of a new Moderator after prayer by the Moderator of the late Synod at their appointment liets were made and it was needless to remove them who were upon the liets Such circumstances are not to be stood upon when the substance was in perrill Neither have they reason to alledge this objection who have challenged it if they would call to mind how in the assembly at Perth An. 1596. without any election or liets the late Moderator being absent David Lindsay at the nomination of two or three Brethren entred Moderator others who were present not being asked 4. The ordinary Clerck refused to do his office because he was threatned by Laureston Therefore he was dispenced with and of their number one was chosen pro illa vice as is the custom of Synods Presbyteries 5. The place was not privat but where the Presbytery and Synod sat ordinarily and al 's publick as the Counsell-house of Dundy or Edinburgh where Generall assemblies have been held As for their paucity that proceeded partly from the weather and partly by a trick of the Commissioners pointing in their last Letter at another day then which was appointed before And in the assembly of Gods servants where the number is not defined by a law rarity makes it not unlawfull if the meeting be ordinary and established by law unto which all who have interess may resort and which may be judged lawfull or approved by the next ordinary meeting as this hath been already approved by many Presbyteries 3. For any thing that was done there were moe than needed a sufficient number to sense or begin an assembly by prayer and to adjourny it unto another day for causes moving and a prayer in end This hath been practized in the Parliaments and in Church as at Santandrews in April An. 1597. As for them who came after the dissolving they had the like commission and warrands to come and were stayd as said is and when they came they could find no unlawfulness in the proceedings of their Brethren and seing their approbation concerned only the written process according to the subscribed copy which they received equity requires that the Generall Assembly should judge thereof before it be called unlawfull In the written process they found no signification of any proceeding charge which is the chief ground of the alledged contempt Lastly it is against all order that commissioners directed from the Presbyteries should be challenged for executing their commission namely when their execution is approved by their Presbyteries and the Presbyteries are not challenged After the Advocat the prisoners so cleared themselves and their cause that their adversaries were astonished their doubting Brethren resolved and every one that stood-by were satisfied Then the Interloquiture went-on not by voting formally but after secret rounding All the exceptions and defences were rejected and the Interloquiture was pronounced in name of all the Assessors consenting howbeit some made opposition in the mean time Yea some of the Counsell reported that none consented but the Earl of Dunbar the President the Chancelor the Earl of Montrose and the Controler Neither was the cause reasoned in presence of the Assise the most part of them not having entred into the place of judgement untill they were called to take their oath and to be enclosed Those were John Livinston of Dâ—nipace Sir Archbald Sterlin of Kier Sir John Forrest of Carden Sir John hume of North-Berwik James Shaw of Sawchy James Swenton of Innerkithen a Papist Henry Stuart of Craig-hall a dissolute man Sir George Hume of Broxmouth George Hume of the Deans Gawin Hume of Johnscleuch Thomas Livinston of Pantoun Robert Livinston of Westquarter Sir Patrik Hume of Polwart James Gib younger of Caribben and Alexand. Hume of Rentoun Craig-hall was chosen Chancellor of the Assise or Foreman of the Jury Their Advocat exhorted the Iury to consider that it was not the naked deed of Declining that was the dittay of the impannelled but the quality of the deed to wit a treasonous declinature which was to be tryed Therefore willed them to judge whether it was treason or not But the Kings Advocat charged them to find only whether the prisoners had declined the Councels