for he makes convocation of the people to hear praier and Sermon almost dayly and whatever your Ma. or others think of it we think it no treason The Queen Hold your peace let him answer for himself Knox I began to reason with the Secretary whom I take to be a better Logician than your Ma. is that all convocation is not unlawfull and now my Lord Ruthuen hath given the instance which if your Ma. will deny I shall make myself ready to prove The Queen I will say nothing against your Religion nor conveening to your Sermons but what authority have you to convocate my subjects when you will without my commandement Knox I have no pleasure to decline from my former purpose but to satisfy your two questions Madam I answer that at my will I never conveened four persons in Scotland but at the Order that the Brethren had appointed I have given diverse advertisements and great multituds have assembled thereupon And if your Ma. complaines that this was done without your Ma. command So hath all that God hath blessed within this realm from the beginning of this action and therefore I must be convinced by a just law that I have done against the duty of Gods Messinger in writing this Letter before that I be either sory or repent for the doing of it as my Lord Secretary would persuade mee for what I have done it is at the commandement of the Generall Church within this realm and therefore I think I have done no wrong The Queen you shall not escape so is it not treason my Lords to accuse a Prince of cruelty I think Acts of Parliament may be found against such whifperers Many do grant that this is true Knox But wherein can I be accused The Queen Read this part of your Letter This fearfull summons is directed against them to make no doubt a preparation upon a few that a door may be opened to execute cruelty upon a greater multitude What say you to that Knox is it lawfull Madam to answer for myself or shall I be condemned before I be heard The Queen Say what you can I think you have enough a do Knox I will first desire of your Ma. and of this honourable audience Whither your Ma. Knoweth not that the obstinate Papists are deadly enemies to all that professe the Evangell of Jesus Christ and that they most earnestly desire the extirpation of them all and of the true doctrine which is taught within this realme The Queen held her peace but all the Lords with common voice said God forbid that either the life of the faithfull or the staying of the doctrine stood in the power of the Papists for experience hath taught us what cruelty is in their hearts Knox I proceed then seing I perceive that all will grant that it were a barbarous cruelty to destroy such a multitude as professe the Evangell of Jesus Christ within this realm which they have attempted to do by force once or twice as things done of late dayes do testify whereof they being by Gods providence disapointed have invented more crafty dangerous practises to wit to make the Prince paâ—ty under colour of law and so what they could not do by open force they shall perform by crafty deceit for who thinks my Lords that the insatiable cruelty of the Papistes within this realm I meane shall end in the murthering of these two now unjustly summoned and more unjustly to be accused I think no man of judgement can so esteem but rather the direct contrary that is by this few number they intend to prepare a way to their bloody enterprise against all and therefore Madam cast up when you list the Acts of your Parliaments I have offended nothing against them for in my Letter I accuse not your Majesty nor yet your nature of cruelty but I affirm yet again thas the pestilent Papists which have enflammed your Ma. without cause against these poor men are the sones of the devill and therefore must obey the desires of their father who hath been a murtherer from the beginning Onesaid you forget yourself you are not in the pulpit Knox I am in the place where I am commanded in my conscience to speak the truth and the truth I speak impugne it who so listeth And heer unto I add Madam that honest meek gentle natures in appearance may be by wicked corrupt counselers changed altered to the direct contrary exempls wee have of Nero whom in the beginning of his empire we find having naturall shame but after his flatterers had incouraged him in all impiety alledging that nothing was either unhonest or unlawfull in his person who was Emperour above others when he had drunk of this cup I say to what enormites he fell the histories bear witnes And now Madam to speak plain Papists have your ears patent all times assure your Ma. they are dangerous counselers and that your Mother did find The Queen Well you speak fair heer before my Lords but the last time I spake with you Secretly you caused mee to weep many tears And so was a rehearsing of what was spoken in the Cabinet when John Erskin was present After the Secretary had conferred with the Queen he said Mr. Knox you may return to your house for this night Knox I thank God and the Queen's Majesty and Madam I pray God to purge your heart from Papistry and to preserve you from the Counsell of flatterers for howsoever they seem pleasant to your ears and corrupt affections for the time experience hath taught into what perplexity they have brought famous Princes The Queen reteereth to her cabinet John Knox went home The Counsell voteth uniformly that they could find no offense The Queen is brought again and commandeth to vote over again All did refuse to vote over again The next day a new assault was made on J. Knox to confesse an offence and put himself in the Queen's will with this assurance that his greatest punishment should be but to go within the castle of Edinburgh and immediatly he shall return to his house He said God forbid that by my confession I condemn these Noble men who in their conscience and in displeasure of their Queen have absolved mee and further I am assured ye will not in earnest desire mee to confesse an offense unless thereby ye would desire mee to cease from preaching for how can I exhort others to peace if I confesse myself an authour of sedition Histo of Reformation Lib. 4. On December 25. the sixth Nationall Assembly conveenes The VI. National Assembly in Edinburgh where were many Noble men the Superintendents c. John Willock Superintendent of the West is â—hosen Moderator The petitions of the Ministers and Commissioners were despised by some Counselers with these words As Ministers will not follow our counsell so will we suffer Ministers to labour for themselves and see what speed they come The Noble men said if the Queen will not
before as followes But mark the different spirits and Genius of these two Archbishops Grindal and Whitgift appearing in their Letters that were directed unto one and the same person This is that Do. Whitgift who bandied and rebandied with Thomas Carthwright The Supplication or Admonition unto the Parliament in the year 1571. whereof hereafter and in defence of Episcopacy and al the other enormities made use of that invincible cannon The Royall power and pleasure And for his arguing thus it was the Royall power and pleasure to make him Archbishop of Canterburry even when Grindal was alive but such was his modesty that he would not accept it untill the old man under restraint was dead Observe then Some Ministers will be ambitious and superstitious and impute all the disorders of the Church unto Royall power and pleasure Pause a little and we will heare another song When men are obstupefied with this Medusa's head the Prelats will chant Episcopacy is De Jure Divino and No Bishop no King and authority may be enchanted to believe it And then the old common tune may be heard again Ego Rex meus as Wolsey Archbishop of York sang in former times or the tune of Canterburry You may not meddle with churchmen how ever they live or whatsoever they do as Thomas Becket said to King Henry II. or the tune of Whinchester I summon you to appear and answer in our Synode as Bishop Henry of Bloys said unto his Brother King Steven Who desireth to know those more particularly may find them and more in the Antipathy of English Lordly prelacie both to Regal Monarchy and Civill unity written by William Prynne Part. 1. 2. Ann. 1641. Neither will they rest here but they will averr If no Bishop then no Presbyter and no Sacrament and consequently no Church And so both King and Church are established upon Episcopacy What loyal heart or who fearing God will not oppose such birds in the shell What remaines but to say plainly Episcopacy is the Rock on which State Church are built Certainly a ground-stone that beares so vast a burden as the security or rather the Beeing of both State and Church must have a fast and sure foundation But where shall we find that foundation Not in the Scripture unless we admit Popish miss-interpretations And if these be admitted we may not stay there but foreward another step and that is known to wit The Pope is the Rock Pope Gregory I. did not suspect what mischief was to follow upon his Masse nor did Hazael know what he was himself to do but let every man look to the tendency of such Tenets 11. The Nationall assembly of Scotland conveens at Edinburgh Juny 25 The assembly VII An. 1564. By voices John Willock is continued Moderator Many Noble men were in the town but very few came the first day wherefore many said they wondered why it was so Lundy of that ilk said I wonder not at their absence but rather that at the last assembly they drew themselves apart and drew away some Ministers and would had them to conclude things that was never propounded to the publick assembly which is prejudiciall to the liberty of the Church therefore my judgement is that they be informed of this offense which many have conceived of their former acting and that they be humbly required that if they be Brethren they would assist their brethren with their presence and Counsell for wee had never greater need Or if they be minded to fall back from us it were better wee knew it now than afterwards All the assembly agreed and gave commission to certain brethren to signify the mind of the assembly unto the Lords which was done the same day The next day came the Duke Earles Argyle Murray Morton Gleincairn Marshall the Officers of State But they drew themselves apart as before and sent M. Geo. Hay Minister of the Court to require the Superintendents and some other Ministers to come and confer with them The Assembly answereth They are now conveened to deliberate on the common affaires of the Church and they could not spare such men whose judgement is necessary nor was is it expedientâ— that others should sit without them as it were idle and therefore as they have told them before if they acknowledge themselves members of the Church they should joyn with others and propound in publick what they thought good and shall have the assistance of all but to send a part more hurte and scandall might arise than profit or confort unto the Church seing it is to be feared that all will not be content with the reasonings and conclusions of a few They gave this answer because the Courtiers had endeavoured to draw some Ministers into their faction and to have sustained their opinions arguments When the Lords perceived that they could not prevail by that means they return and purge themselves that they never meant to divide themselves from the Church but only because they had certain Heads or articles wherein they crave some conference yet so that no conclusion shall be taken nor vote required till the propositions and reasonings were heard and considered by the whole Body Upon that condition three Superintendents and four Ministers were directed unto them and because their questions did especially concern John Knox they called for him and they had long debates upon these points 1. That subjects have delivered an innocent from the hands of their King and therein had not offended God 2. Subjects have refused to smite innocents when the King had commanded and in so doing denied not just obedience 3. Subjects stricking an innocent at the command of their King are murtherers before God 4. God hath not only of a subject made a King but had armed subjects against their King and commanded them to take vengeance upon him according to His Law 5. Gods people have execute Gods law against their King having no more regarde unto him in that behalfe than if the had been a subject They could not agree in these points nor was any of them propounded in publike In Sess 3. Commissioners were appointed to present unto the Lords of the Secret Counsell the articles following and report answer unto the present Assembly and if need shall bee to reason with the Lords upon these articles 1. That according to the Acts of Parliament before her Majesties return as also conform to her Majesties promise after her arrivall Christs true Religion be de novo approved ratified and established throughout all the realm and that all idolatry especially the Masse be abolished over all so that no other face of religion be permitted And for the same effect that the Ministers be provided by a sure appointment where they shall receive their livings alswell for the time by past as for the time to come and not to live as beggars as presently they live 2. To desire and with all humility to require that transgressors of the ordinances
they would say Masse at Easter The Earle of Murray lamented this unto the Queen and shew what inconveniences shall follow if this be permitted After sharp reasoning it was promised that the like shall not be done again and for the same purpose order was sent to such places as were delated especially to the b. b. of Sant Andrews and Aberdeen that they should not say any Masse At that time the Queen was upon a purpose of mariage as in two years space she was twice married and thogh she never changed her mind to love religion yet upon many changes of her passions in that space of time she gave more way unto the petitions of the Church thereby to gain the affections of the subjects And though there were frequent alterations in the countrie somtrmes one partie prevailing in Court and somtimes another so that it came to lifting armes nevertheless the Church-men did still keep their assemblies Juny 25. An. 1565. conveen the Superintendents The IX Assembly Ministers and Commissioners of Shyres burghs John willock is chosen Moderator 1. The Assembly humbly requires the Nobility here present to solicite the Queen for execution of the lawes Acts lately made against the violators of the sabboth adulterers and fornicators And ordeines every Superintendent to supplicat for Cemmissions unto the Judges within their severall bounds giving them charge and power to execute punishment against the committers of these crimes 2. Others were sent unto the Queen to humbly supplicate as in former assemblies for abolishing the Masse for establishing the true religion ...... and to complain that some vaking Benefices have lately been bestowed by her Maj. on Noble men and Barons as a Benefice in Carrick was given to the Laird of Skeldrom And to supplicate that none be permitted to have office in schools Colledges nor Universities nor privatly or publickly to teach the youths but such as shall be tryed by the Superintendents and Visitors of Churches to be sound in the faith and able to teach Also for sustentation of the poore that all lands which in former times were doted unto hospitalls be restored to the same use and that all lands annuall rents and other emoluments pertaining any way to the friers of whatsoever order and annualrents altarages obites belonging then to priests be applied to the sustentation of the poor and of schools in the towns or other places where these things are to be payd And that such horrible crimes now abounding in the realm without any correction as idolatry blasphemy manifest breaking of the sabboth-day witchcraft and inchantments adultery incest maintaining of bordels murder reiff and other detestable crimes may be severely punished and Judges be appointed in every Province for execution there of and that by Act of Pa liament Lastly that some order be devised and established for ease of the poore laborers of the ground concerning their tyths which are oppressed by the Leasers of the tyths 3. Some gentle men in Kile crave that Ministers be sent unto them and they will provide them sufficiently as the Assembly shall ordain them 4. It is ordained that children shall not contract marriage without consent of their parents or in case of the parents unreasonably denying consent they shall make suite unto the Church to concurre with them in their lawfull proceedings 5. Whereas some Beneficed men in time of Papistry were permitted to keep their Benefice and now being converted take upon them the ministry in another congregation it is concluded generally that none should have two benefices or livings 6. It is ordained that Io. Knox shall receive the answers from the Commissioners which are now sent unto the Queen and he shall send these answers unto the Superintendents as also he shall advertise the faithfull of things necessaâ—y that shall happen before the next assembly which now is appointed to conveen Septemb. 25. at Edinburgh The four Gentle men and one Burgher that were appointed by the Assembly to present thir petitions unto the Queen went to Sainiohnstoun and delivered them The next day the Queen went to Dunkell and they follow when they had audience they humbly crave her answer She said Her Counsell was not there but she intends to be in Edinburgh within eight days and then they shall have an answer When these Commissioners had waited five dayes after the Queen came to Edinburgh the matter was proposed in Councell and at last it was answered by the Secretary The Queen's Majesties command is that the matter shall be reasoned in her presence which for the gravity there of can not be now concluded albeit her Majesties hath now heard more here of than ever before but with in eight dayes a great part of the Nobility is to be here and then they shall have a finall answer August 21. they receive this answer in writ To the first desiring the Masse to be abolished in the head members with punishment against the controveeners and the professed Religion to be established by Act of Parliament It is answered for her Majestes part That her Highness is no way yet persvaded in that religion nor yet that any impiety is in the Masse and therefore believes that her loving subjects wiâ—l not presse her to receive any religion against her conscience which shall be unto her a continuall trouble by remorse of conscience and there with a perpetuall unquietnes And to deale plainly with her subjects her Ma. neither will nor may leave the religion wherein she hath been brought up and believes the same to be well grounded Knowing that besids the grudge of conscience that she shall receive upon the change of religion that she shall lose the friendship of the K. of France the married Allya of this realm and of other great Princes her friends and confederats who take it ill and of whom she may look for their great support in all her necessities and having no assured consideration that may countervail the same she will beloath to put in hazard all her friends at one instant prayinig all her loving subjects seing they have had experience of her goodnes that she hath not in timepast nor intends hereafter to presse the conscience of any but that they may worship God in such sort as they are persuaded in their conscience to be best that they also will not presse her conscience As for establishing religion in the Body of the realm they themselves know as appeares by their Articles that the same can not be done by consent of her Majesty only but requires necessarily the consent of the States in Parliament and therefore so soon as the Parliament holds these things which the States agree upon among themselves her Majesty shall consent unto and in the mean time shall make sure that none be troubled for using Religion according to conscience So that none shall have cause to doubt that for religions sake mens lifes and heritages shall be in any hazard To the second article it is
publickly read I. In the beginning of the Conference it was thought good that a Supplication be penned by the Assembly concerning those that shall vote in Parliament in name of the Church This is appointed to be penned by John Row and Robert Pont and be brought unto the Assembly on Mooneday II. Concerning the Observations the Assembly proceeds as followes In Chap. 2. the 3. article is agreed-upon conform to the conference In Chap. 3. the 7. article is to be further considered the tenth article is thought plain in itselfe Concerning the advice what censure shall be put to non-residents the Church thinks meet a civill law be craved decerning the Benefice to vaik for not-residence In Chap. 4. the 9. article agreed conform to the conference and desiring the penalty of persons excommunicat to be horning or caption by speciall act of Parliament to be executed by the Treasurer or others whom it will please his Majesty to appoint In Chap. 5. agreed with the two supplications desired In Chap. 6. the perpetuity of the persons of the Elders agreed conforme Here the book of the Assembly wants two leafes Then is some what of visitation of colledges schools and hospitalls and the book wants other two leafes Then concerning commissioners of countries or Provinces and other two leafes are wanting The next assembly is appointed to conveen at Edinb Octob. 24. The historicall Narration saith All that could be obtained in this Parliament was a Commission to conferre upon the Heads of the book the Commissioners which sought the ratification of it took this for a shifting seing the book was before allowed in the conference except four particulares wherein was no difficulty and were now explaâ—â—ed by the Assembly and therefore they craved that at last so many may be ratified as were agreed upon that was not granted for Morton was the chief leader in this Parliament In the assembly October 24. David Ferguson is chosen Moderator 1. The Noble men in the town are desired to be present 2. At The 36. Assembly the desire of the assembly came the Lord Chancelor the Earle of Montrose the L. L. Sâ—ton Lindsay It was shewd by the Moderator what care and study the church had taken to entertain and keep the purity of the sincere word of God unmixt with the inventions of their own heads which their speciall care was to reserve unto the posterity and seing true religion can not continue long without good Disciplin in that part also they have employd their wit study and drawn forth of the pure fountain of Gods word such a discipline as is meet to remain in the church this they have presented unto the Kings M. with their supplication at whose direction certain commissioners were appointed to reason with these who were appointed by the church there the wholl matter being disputed it was resolved and agreed except a few heads and thereafter being presented unto the Lords of the articles that the same disciplin might take place and be established by acts lawes of the realm but their travells have not succeeded praying therefore the Nobility present alswell openly to make profession to the assembly if they will allow and maintain the religion presently established within the realm as also the disciplin and policy already mentioned and to labour at the Kings and Counsells hands for answer unto the Heads after following that is that his Gr. and Counsell will establish such heads of the policy as were already resolved and agreed-upon by the Commissioners and cause the others to be reasoned and put to an end and that his Gr. and Counsell will restore the church unto the act of Parliament concerning the thirds and that none vote in Parliament in name of the church but such as shall have commission from the church for that effect and that presentations of Benefices be directed to the commissioners of countries where the Benefices lye And to the end the matter may be the better and sooner exped that their Lordships would appoint a time convenient thereunto as they may best spare that such brethren as shall be named may wait upon their Honours The Noble men answered that some of them had made publick profession of the Religion heretofore and all now declair they embrace the religion and shall maintain the same to their power and in the other particulares they think that supplication be made unto the King and Counsell and they will insist with the King for his answer and they will shew them to morrow the time for that effect 3. The act of the preceeding assembly concerning the suspension of Benefices the Assembly otdaines it to stand in full strength untill the next Assembly 4. James boid Bishop of Glasgow being required to submitt according to tâ—e Act of the last assembly gave his answer in write as followes I understand the name office and reverence born to a Bishop to be lawfull by the Scriptures of God and being elected by the Church and King to be Bishop of Glasgow I esteem my calling and office lawfull and as for my executing of that charge committed unto mee I am content to endeavour at my utmost ability to perform the same and every point thereof and to abide the judgement of the Church from time to time if I offend in my duty Craving always a brotherly construction at their hands seing the charge is weighty and the claimes to be layd to my charge are to be examined by the Canon left by the Apostle 1 Tim. 3. as that place was pointed unto mee at my reception thereby to understand the duties of a Bishop As for my living and rents and other things granted by the Prince unto mee and my successors for serving that charge I reckon the same lawfull As to my duty unto the Supreme Magistrate in assisting his Gr. in counsell or parliament when I am craved thereunto my subjection compelles mee to obey it and it 's no hurt but good to the Church that some of our number be at the making of good lawes and ordinances in the doing whereof I protest before God I intend never to do anything but what I believe shall stand with the purity of the Scriptures and a well reformed country As also a good part of the living which I possess hath been given for that cause This answer was read and after voting is judged not satisfactory and therefore he is oâ—dered to return after noon with better resolution Here the books of the Assembly want two leafes and it appeares thaet asupplication was sent unto the King and Counsell by these imperfect words following Vices universally abounding within this realm may be punished and bridled and to insist with convenient diligence with his Ma. Counsell for granting the premisses And to reporte 5. All that are now or hereafter shal be deposed from the Ministry for their offenses shall be charged by the commissioners of the bounds to dimitt their Benefice .... and if they
and this your country Beseeching your Majesty for the tender mercy of God to call unto your Majesty some of the wise discreet and indifferent and by their counsell to make a Moderate order that unquiet spirits may be ruled good men cherished and the hearts of all your subjects united to the maintaining of Godâ— glory preservation of your Majesty and estate and the comfort of all them who bewail this miserable dissolution With this supplication particular instructions were given unto the Commissioners for declaring these heads 1. How heavily the godly are offended and all the Church is scandalized that David Chalmers a man notoriously known unto his Majesty and Counsel to be not only a professed enemy against the truth of religion and plain practizer against it but against his Ma s authority estate in all parts where he traveleth having also lying upon his head the vile bruit and common suspicion conceived in the hearts of many upon no small obscure presumptions of the cruell and barbarous murder of the most Noble person of his Ma s Father of good memoâ—y Is so suddenly and with so small account entred in favor and received his Ma s pacification with Letters to dispossesse faithfull Ministers of their livings and possessions no due satisfaction being made to the Church a matter importing no less prejudice to his Mr s noble estate and that touching his Majesty in the hiest point of his honor and therefore his Majesty would be moved to look wisely upon the consequents of this and in consideration of this weighty grief would call back and suspend the effect and force of any thing granted unto him and the charge given to his reposition untill that after just lawfull tryall his innoceney be agnosced and the Church so much offended in his person be satisfied and the same satisfaction to be returned unto his Majesty from the Church 2. The young Laird of Fintry directed into this Country as wee are surely informed to practize with his Majesty and his lawfull Subiects for overthrownig of religion by power of friends now in Court and wheresoever he comes plainly maintaines papistry and under color of conference which by all means hy flyeth doth great scandall in the Counrry The third article is notoriously known By the 4. Article is meant the King of France the Duke of Guise and other Papists there and also within the Country as the Earls of Huntley Crawford and others The Church is hurt in her priviledges liberties as will appear in the article and as followes tacks of the thirds of Hadingtoun and Santandrews are set to the Laird of Seagy the Abbey of Arbroth to that Abbots young sone and the Abbot of Newbotle's sone is provided to that abbey The 9. and 10. are known as John Gairden is provided to the parsonage of Fordyce in the sixty year of God and standes stili titulare the Kings Majesty hath ser in tack the frutes of that Benefice to Rob. Stuart of Todlaw and command is given to the Lords of Session to grant Letters upon these tacks Alexander Arbuthnot is charged against the Acts of the Church to continue in the Colledge of Aberdien Under pain of horning The Ministers of the Chapter of Halirudhouse are charged by Letters of horning to subscribe a gift of pension to the Parson of Pennicook's wife and sone for their lyftimes against the same Acts c. VII The Act made Octob. 30. year 1576. concerning setting fues and tacks of Benefices and Church-livings is ratifyed with this declaration that under the said Act are and shal be comprehended all pensions factories and whatsoever disposition of a Benefice or any part thereof without the consent of the Generall Assembly And the disponers thereof shall incurr the penalty contained in the Act of July 2. year 1578. VIII The Synod of Lothian craves that the Assembly take order with John Spotswood for setting a tack of his Benefice without consent of the Assembly It is ordained that this particular be tryed by his own presbytery and be reported unto the next assembly IX Ministers bearing with people going in pilgrimage unto wells hard by their houses not only without reproof but entertaining them in their houses and who distribute the communion unto their flock and communicate with such guilty persons deserve deprivation X. Because by reading profane authours in Schools wherein many things are written directly contrary unto the grounds of religion especially in the Philosophy of Aristotle the youth being curious insolent do oft drink-in erroneous damnable opinions and grounding them upon the britle authority of these profane writers do obstinatly maintain their godless opinions in disputation and otherwise to the great scandall of the simple Regents and Teachers in Schools should vigilantly take heed if any thing be written in the profane Authours against the grounds of religion in teaching these they shall note and mark the places confute the errors and admonish the youth to eschue them as false and namely in teaching philosophy to note these propositions following as false and condemned by common vote of the Church Philosâ—phicall errors 1. Omnis finis est opus aut operatio 2. Civilis scientia est praestantissima ejusque sinis praestantissâ—mus est summum hominis bonum 3. Honesta jusâ—a sunt varia inconstantia adeò ut sola opinione constent 4. Juvenes rerum imperiti in libidinem proclives ab audienda morum Philosophia arcendi 5. Quod aliud ab aliis bonis per se bonum est causa cur caetera per se bona sunt non est summum bonum 6. Dei agnitio nihil prodest artifici ad hoc ut arte suabene utatur 7. Summum bonum vel minimi boni accessione augeri vel reddi potest optabilius 8. Paâ—per deformis orbus aut infans non potest esse beatus 9. Bonum aeternum bono unius diei non est magis bonum 10. Foelicitas est actio animi secundum virtutem 11. Potest aliquis studio suo felicitatem comparare 12. Homo in hac vita esse dici potest beatus 13. Post hane vitam nemo potest vel esse vel dici beatus nisi propinquorum vel amicorum ratione 14. Naturâ apti ad virtutem eam agendo comparamus 15. Virtus est habitus electivus in ea mediocritate positus quam ratio prudentis praescribit 16. Libera est nobis voluntas ad bene agendum 17. Mundus est Phyficè aeternus 18. Casus fortuna locum habent in rebus naturalibus humanis 19. Res viles inseriores non curat Dei providentia 20. Animae pars una vel etiam plures sunt mortales 21. Et quaecunque hinc pendent vel necessariò sequuntur And if any shall be found to do contrary to this act the censures of the Church shall proceed against him And also that no Master or Regent or any other assert or defend any
of these propositions not with that addition Physicè probabiliter or the like Under the pain of the censure foresaid XI In Sess 16. His Ma s answers were returned from Sterlin 1. Understanding the first point to be meant of granting the benefit of pacification unto David Chalmers his Master and knowing that man to have been fotfeited only for that common action of his being at the field of Langside for which pardon was granted to so many he thought it no new or strange thing at the request of such as moved him to grant unto him the same benefit which many others had obtained yet no way intending to spare the due punishment of him or any other that may be charged or found guilty of the murder of his dearest Father or that are or shall be adversaries to the religion or impugners thereof against the lawes the execution of which he hath been is and will be willing to further 2. The second head being particularly mean'd of Fintry his M. wisheth the assembly to remember how he hath dealt in that matter and what testimoniall the Church of Edinb gave him nor hath his Majesty hindered the proceedings of the Church against him nor any other but mindeth to hold hand thereunto according to the lawes The third being meant of Wi. Holt an English man escaping out of the castle of Edinburgh his Majesty hath answered the Queen's late Ambassador and it is no strange thing to hear of a mans escaping but what they understand by indirect means of letting him depart his Majesty being specially informed thereof will after due tryall see the offenders punished according to their deservings The fourth head being very Generall his Majesty thinks the assembly will not judge it pertinent unto them to have vote in chusing his servants or to be too curious of the occasions of placing or removing them nor of the intelligence twixt him and other Countries for entertaining Civill peace from which no Princes or Common wealths abstain though being diverse in religion The 5. Head containing a generall complaint upon some specialls appearingly expressed in the matters following his Majesty wisheth the Assembly as they would be specially directly answered so to form their petitions forbearing particular exampls to ground their generall propositions and to remember that since he took the Government in his own person moe good lawes have been made for advancement of the Church and true religion then were before and the defect of the execution hath not been his default The sixth concerning the tack set to Seagy of certain victualls out of the superplus of the thirds which he had before in pension that is no new thing nor any way prohibited he could alswell content him with the pension as he had before free of all paiment of duty the necessary considerations moving to grant it are well enough known to many he is employd in publick service wanting the living whereunto he is provided in title during his father's life and his service is and may be necessary both to his Hi. and the Church For any thing that may be thought omitted in the provision of Ministers serving at the Churches annexed to Abbeys in the late disposition of them that is well supplied by the Act of Parliament The execution whereof is stayed these two years in their own default rather then any other way whill they have been craving their assignations continued as before and as yet have not answered his message sent by his Master of requests unto the Assembly at Santandrews Nevertheless his Ma. made choise of certain Barons and others of good qualification known to be zealous to the furtherance of that good work hoping to have had the assignations formed before the Assembly but being uncertain of the time appointed thereunto this year is doubtfull if they come to Edinburgh But if they come his Maj. shall sent them direction to proceed and also other things most needfull shall be resolved without delay Concerning the giving of church-livings to children and translating them to temporall Lordships his Majesty considereth his own losse and hinderance of his service there-in Whatsoever abuse hath entred before he accepted the government time and the approbations of these provisions by decriets of the Session have brought the matter unto that estate as it can be helped no other way but by the Parliament unto which when it shall be propounded his Majesty shall hold hand to have all possible reformation thereof The default of punishing vices mentioned in the. 9. head and of the provision of the poor and punishing vagabonds can not justly be imputed unto his Ma. who was ever willing to give commission unto such as the Ministers thought meetest to execute the same The. 10. head being generall his Majesty would be glad not only to have it explained but to hear all good advices that shal be offered for reformation of that which may be found amiss and how his lawes may have place and justice administred to the confort common benefit of all his good subjects The 10. head is also very generall as for that one exemple the removing of the Principall of Aberdien to be Minister of Santandrews his Majesty trusteth the assembly will not think that matter the substance being well considered to be either so proper to the Church or so improper unto the Civill estate but that his Hi. and Counsell had good ground and reason to direct his Letters as he did upon the generall respect of the north country wherein none was prejudged seing there was no charge containing power to denounce at the first but rather to do the thing required or compeare and show a cause in the contraty What is said before briefly of a process against Pa. Adamson is cleared by The Historicall Narration that he had a long and filthy sicknes and for curing it he had sought help of a witch and recovering health in some measure he in a preaching before the King declared against the Lords which lately had guarded the King and against the Ministry for which he was warned by the Presbytery of Santandrews and the witch with whom he had consulted and from the Presbyrery the cause was brought before the Synod of Fife In the Assembly the processe was found orderly deduced and he had been warned by the Synod apud acta to compear before the Generall assembly in October for contumacy in not compearing by the assembly he was suspended from the office of the Ministry and it was appointed that farther tryall should be taken of his life and corrupt doctrine But he pretending that he was going to the well of Spae for his health purchased from the K. security that during his absence the church should not proceed against him yet it was his purpose to stay in England and there to seek the advice of the most corrupt sort for the overthrow of disciplin in the Church of Scotland for he thoughr that the surest course to keep his Benefice At
that time the Civill estate was more and more troubled for they who in the convenion of Estates Oct. 8. year 1582. vvere declared to have don good necessary Service unto the K. and Country and they with all their partakers were exonered of all action that might be intended against them for what they had done at Ruthven these I say aâ—ter Arran's returning to Court were charged to enter into warde particularly designed unto them This they obeyd not except the Earle Auguise and therefore were denounced rebells and when harder course was intended against them they fled some to England others ro France and some to Irland The Ministers were not silent at this time Among others John Dury said in a Sermon As the blind man whose eies Christ had opened Joh. 9. when the the pharisies said Wee know this man to be a sinner did reply Whither he be a sinner I know not one thing I know that though I was born blind yet now I see So whatsoever sort of men these be I knowe not but this I know that the Church was misetably vexed and almost oppressed but by theyr meanes it was delivered For these words likely otherwise delated he was summoned to compear before the Counsell he stood to the defense of what he had spoken and therefore he was confined in the town of Montros soon after this the Min. there died and the Church made choise of Jo. Dury to succeed then the King gave him and his eldest son enduring their lifes a pension of 200. pounds out of two Abbeys There was more work with Andrew Melvin in a Sermon as Santadr he said Daniel propoundes unto Baltazar the example of his grand father Nebuchadnezar and so it is the duty of the Ministers of God to lay before the Prince and people of their time the examples of their ancestors if need require But in our time if any would speake before the Court what evill came unto James the fifth by familiarity of flatterers that so the King would take heed of that kind of beasts they will say That preacher leaves his text and possibly he shall be accused of treason For these words he was charged to appeare before the Counsell He appeares and when worse words were layd unto his charge he said His doctrin in pulpit should first be tryed and judged by the Presbytery He was bidden submit himselfe unto the King and Counsell by no persuasion could he be induced to submit The K. and Councell as his lawfull Judges proceed to examine witnesses He appeales unto the judgement of the Church and saith If the Church shall condem what he had spoken he shall willingly suffer whatsover torment shall be inflicted on his body At eight a clock at night he is charged to enter as prisoner into the castle within twelve hours In the morning Arran changeth his warde and before seven a Messinger of armes chargeth him to enter into Blackness withim 24. hours at that time his friends said to him They would take his life â—efore mid-day he went away to Berwick After this summons were directed against Andrew Hay Andrew Polwart Patrick Galloway and Ja. Carmichel Ministers to answer before the Counsell for keeping correspondence with the rebells An. Hay compeares nothing could be qualified against him but upon suspicion he was confined in the north The others for not compearing were denounced rebells and fled into England XXI What Pa. Adamson did in England we shall have a hint of it anone 1584. The Current Parliament he returned in May year 1584. by Act of Counsell a Parliament was appointed to sit May 22. Because there was no proclamation preceeding they called it A current Parliament The Historicall Narration saith They who were privy to it were of Arrans faction or such as durst not oppose any thing the Lords of the Articles were sworn to be secrete they had fyve Sessions in three daies the doores were keept so closse that none of the Ministry could find accesse Pa. Adamson and Ro. Mongomery sat as representing the third Estate and gave votes forsooth to make themselves Bishops The King and Parliament suspecting that the Ministers of Edinb would preach against their proceedings sent a charge unto the Provest and Bailives to pull the Ministers by force out of the pulpit and committ them to prison if they did so What was done in the Parliament appeares by the Acts Spotswood hath the sum of them saying The King's authority over all persons in all causes was confirmed The declining of his Ma s judgement and the Councels in whatsoever matter declared to be treason the impugning of the authority of the three Estates or procuring the innovation or diminution of the power of any of them was inhibited under the same pain All jurisdictions and judicatures spirituall or temporall not approved by his Higness and the three Estates were discharged and an ordinance was made that none of whatsoever function quality or degree shall presume privatly or publickly in Sermons declamations or familiar conferences to utter any false untrue or slanderous speaches to the reproach of his Majesty his Counsell and proceedings or to the dishonor hurt or prejudice of his Highness his parents progenitors or to medle with the affaires of his Hi. and Estate under the paines in the Acts of Parliaments made against the makers reporters of lies While these statutes were in framing the Ministers who were informed thereof sent David Lindsay to entreat the King that nothing should passe in Act concerning the Church till they were first heard Arran getting intelligence of this caused arrest him as one that keeped intelligence with England and he was not permitted to come unto the King The first night he was keept in Halirudhouse and the next morning sent prisoner to Blackness where he was detained 47 weeks Ja. Lowson and Wa. Balcanquall Ministers of Edinburgh hearing that he was committed fled into England leaving a short writing behind them to shew the reasons of their departing So Edinburgh was left without any preacher Ro. Pont Minister of S. Cutberts and one of the Senators of the Colledge of justice because of the misregarde of the Church as he pretended in concluding these Acts when the Heralds were proclaming them took instruments in the hands of a Notary of his dissenting and that they were not obliged to give their obedience thereunto Which done he likewise fleeing was denounced rebell and put from the place in Session Hereupon rumors being dispersed that the King was enclined to Popery had made diverse Acts to hinder the free passage of the Gospell and abolish all order and policy of the Church Command was given to form a brief Declaration of his Ma s intention and to publish it for detecting these false rumors In this declaration the occasion that enforced the King to make these statutes were set down as the allowance of the fact at Ruthven by the Assembly of the Church Andrew Melvins declining the
King and Counsell the fast keept at Edinburgh at the feasting of the French Ambassadors generall fasts indicted through the realm without the Ks knowledge the usurping of ecclesiasticall jurisdiction by a number of Ministers gentlemen the alteration of the lawes at their pleasure c. And for satisfying good people strangers al 's well as subiects concerning his Ma s good affection towards religion certain articles were penned and subjoined to that Declaration to make it appeare that his Majesty intended nothing but to have a setled policy established in the Church But these things gave not much satisfaction and were replied-unto in pamphlets which dayly came forth against the Court and rulers of it ............ All this summer troubles continued the Ministers being dayly called before the Counsell and a great business made of their subscription to certain articles concerning their obedience unto the Bishops they who refuse had their stipends sequestrat which caused a great out-crying among the people and made the rebells to be the more favored The King to rid himselfe of these vexations did call the principall Ministers and having shewd that all his desire was to have the Church peaceably governed he willed them to set down their reasons in writing why they refuse subscription that he may consider them and satisfy their doubts They chuse rather to propound the same by word and after some conference were induced to subscribe the Articles this cause being added agreeing with the word of God So far there This clause gave occasion of contention for the Ministers did declare tha◠they would be obedient unto the things that were commanded unto them according to the word of God and in this sense they would obey the Kings command But the adverse party took and expound ir as an acknowledgement that episcopall Jurisdiction was according to the word of God because it was said They submitted themselves unto episcopall jurisdiction in such things according to the word of God The causes of deposition of Ministers not having vote in Parliament were published in the Kings name among these was one the acceptation of the place of Judicature in whatsoever Civill or criminall causes as being of the number of the Colledge of Justice Commissary Advocate Court-clerke Notary the making of testaments only excepted And for not subscribing the band and obligation devised by act of Parliament for dutifull submission fidelity to our Soverain Lord and shew their obedience to their ordinary Bishop or Commissionare appointed by his Majesty to have the exercise of the spirituall jurisdiction in their diocy So the power of jurisdiction was proper unto the King and the exercise thereof was committed by him unto whom hee would as I have seen his Patent committing unto John Erskin of Dun who is there called our wel beloved Clerk and our Commissioner in ecclesiasticall causes that exercise within the diocy of Brechin Providing that his authority in any grave matter be limited and circumscribed to the counsell of thretteen of the most antient wise and godly pastors of the said diocy to be elected forth of the wholl Synodall assembly and allowed by Us with answer of our Privy Counsell or the most part of them And to make cleare the estate of the Church at that time I adde the substance of an epistle written then by Andrew melvin unto Divines abroad and is to be found in Vindicat. Philadelph pag. 54. It hath pleased the Lord so to blesse the endeavoures of his servants that they have undertaken according to what is prescribed in his word and to increase the Churches of Scotland with so great and so incredible felicity heretofore of his singulare bountifulness But alas when wee do not answere unto so great and rare grace bountifulness of God toward us with such thankfulness of hearts and performance of duties as became us behold through a marvellous yet just judgement of God Satan hath so blinded with ambition and avarice one thogh not of us yet a Minister of the word among us that forgetting as one saith decorisque sui sociûmque salutis he continueth uncessantly to confound heaven and earth and to disturb all things for when he had deserted his flock and without knowledge of the Church had creept into Court when he had not only in a most wicked manner entred into that false episcopacy rising again out of hell against which he had before foughten evermore but also had taken that dominion which he had in a Sermon and before a frequent Assembly after abjured and by his subscription at severall cimes had renounced when he had adioyned himselfe unto the sworn enemies of the Church and religion in a base slavishness and most vile cause when in doubtfull things and desparing of his health he had not only advised with witches and with tears begged their help ...... And also had plotted with the Machiavilian Courtiers and the Pop's emissaries against the life of a very godly and religious man for all which causes he feared rhe censures of the Church to be discharged from the Office of preaching he obtaines from his Royall Majesty a free Ambassage to go into other countries under color of seeking health but as experience teaches to vexe the Church ...... And so at London he carrying himself as an Amssassador had frequent consultations with the Ambassadors of France Spain and with the Bishops there for he abode there and intended not to go further he traduced the best subjects as seditious traitors and was altogether taken up with counsells by which the most learned and faithfullest preachers in both the Kingdoms are compelled now to be altogether silent and leave the Ministery or to provide themselves by flying exile or to suffer the inconveniencies of prison or against Duty conscience subscribe unto the ambitious tyranny of Bishops and the impiety of many rites From him came these Archiepiscopall Letters unto you and the brethren of Zurick wherein by his cunning craft of faining and dissembling he chargeth us with false crimes and accuseth the discipline of our Churches with many calumnies albeit he know very well and our conscience beare us witnes that it was our wholl care to ground our discipline upon the word of God so far as wee could Wee assure you that that good order of the Church which Adamson did first craftily undermine then openly impugne and at last revile as Papall tyranny as the mother of confusion and the cause of sedition was from the beginning of abolishing popery sought by our church out of the word of God and thereafter was allowed by the suffrages of the wholl Church and by degrees brought at last as we were able unto some measure of perfection by the blessing of God and three years since was approved sealed and confirmed with profession of mouth subscription of hand and religion of oath by the King and every subject of every Estate particularly ............ He hath persuaded the Kings Majesty and these
Spotswood P. 306. where he declares that in the end of the preceeding year many Icsuits and Priests he nameth ten of them came to deal with the Popish Noble men for assisting the Spanish Armada which was then in preparing to invade England if they shall land in Scotland for their hope was to find the King favorable because of the Queens proceedings against his mother and that he would joyn his forces with the Spanish for revenge of that wrong But the King considering his own danger if strangers set foot in in the â—sle and not trusting that the Spaniards would take such paines to purchase the Crown of England for him for that also was profered refused to give eare unto such motions But the Bishop as an aduersary of Assemblies failes in sundry particulars here namely that he saith This Assembly was called by the Ministers whereas the Letter that was sent unto the King saith expressly that they were conveened at his command and his Commissioners were present in the first Session and were Assessors in the Privy Conference as also the King gave the Noble men thankes for that they had conveened so solemly Then he saith Robert Bruce was chosen Moderator though he had not as yet entred into the Ministeriall function I know not what year he was admitted into the Ministry but he was not only a member of the Assembly in the year preceeding but was chosen an Assessor unto the Moderator vvhich certainly had not been done if he had not been an eminent Minister seing he vvas not Commissioner from a Province or Burgh but he never loved Bishops nor did the Bishops love him The vanity of some other particulares appeares by vvhat is vvritten out of the books of the Assembly â— Concerning Rob. Mongomery the Presbytery of Glasgovv vvas called to an account of their admitting William Erskin unto the Bishoprick of Glasgovv seing he vvas not a Minister but only titulare Parson of Campsy They ansvvered Seing church-men vvere not permitted to enjoy the Bishoprick as is said before they esteemed it better that he have the title than any other and he had given his bond to renounce the title if the Generall Assembly did not allovv his admission This vvas not allovved and they vvere ordained to persue him to renounce according to his bond and Robert Mongomery having renounced episcopacy before the Assembly was thereafter planted at a church in Cunigham Of Pa. Adamson and Ja. Gibson more followes After this Assembly the King intended an expedition into the West Marches against the Lord Hereis of whom the Assembly had complained but he came and offered himself unto the King and upon his pâ—omise to amend and surety given that he shall resort to Sermons and suffer nothing to be done in his Wardenry in prejudice of religion he was â—ent back to his charge At the same time the Lord Maxwell who had gotten licence to go into other countries and with assurance that he shall not return without licence having seen the preparation of Spain for invading England returneth by advice of some Scots Papists and landeth at Kirkudbry in Aprile and immediatly gathereth men The L. Hereis advertiseth the King Maxwell was charged to appear before the Counsell he disobeyd Wherefore the King went with such force as he could for the time against him he fled to sea and was brought back prisoner to Edinburgh In this sommer that Spanish Navy which had been some years in preparing and was called Invincible was overthrown by weak means of men and principally by storm when they were lying at anchor in the road of Callais So it pleased God to disappoint the attempts of Papists with great losse unto them and no harm unto this Island Before the report The 50. Assembly of this overthrow came the Assembly conveenes at Edinb August 6. Thomas Buchanan is chosen Moderator I. The Assembly considering the dangers imminent to the Church generally and specially unto the realm by the intended coming of Spainards as also the decay of religion by the rarity poverty of Ministers appointes that a fast be proclamed to morrow by the ordinary Teacher in the Church to be continued all this week II. Because universally throughout this realm there is no religion nor disciplin among the poore but many live in filthy adultry or incest and their children are nor baptised nor do they resort unto the preaching of the word Therefore Ministers shall make intimation and denounce unto all the poor that either be parishoners by birth or resort unto their parishes if they have woman children that they shew testimoniall of their mariage or els shall be refused of almes by all godly persons And that they exhort their parishoners to extend their liberality rather unto these that are of the household of faith and judge discreetly in giving almes unto others who have not such evidents as is said III. A citation was directed by the Moderator of the preceeding Assembly against Pa. Adamson called Bishop of Santandrews making mention that seing by an Act of the Presbytery of Edinburg it was ordained concerning the marriage of George Earle of Huntle his bans should be proclamed upon his subscribing certain articles of religion and under promise that he shall subscribe the rest before his marriage and inhibition was made unto diverse of the Ministry and namely to the foresaid Patrick that they should not celebrate the foresaid marriage untill the foresaid Earle had subscribed the Confession of faith contained in the Acts of Parliament With certification unto every one of them if they do so they should be called for disobedience to the voice of the Church Before the G. Assembly And notwithstanding the said inhibition the said Patrick hath proceeded to solemnize the said marriage upon Iuly 21 thereby disobeying the foresaid inhibition Now the said Patrick is called and for him compeares his proctor Tho. Wilson producing a testimoniall of his sicknes subscribed by Do. Robert nicoll and two of his Bailives and craves that they would not disquiet him in time of his sicknes This testimoniall is judged not to be sufficient IV. For somuch as since the late Act of annexation his Majesty hath transferred the right of patronage of sundry Benefices from himself unto Earles Lords Barons and others and hath annexed them to their lands of whom some have gotten confirmation in Parliament others have obtained them since the Parliament and a third sort hath gotten gift of the naked patronage to the evident hurt of the Church Wherefore it is thought expedient to entreat his Majesty by earnest sute that the said dispositions may be annulled in the next Parliament and in the mean time that it may please his Majesty to deny the disposing of patronages which remain as yet undisposed and that his Majesty would provide that the Commissioners and Presbyteries unto whom the Collation of these Benefices appertaineth be not processed nor horned or outlawed for not giving admission thereupon Inhibiting in
he hath committed apostasy and therefore to have incurred the censure of an apostate The next day he sendeth a supplication offering to subscribe the Confession of faith or within 40. dayes to passe out of the realm and to this effect craving to be freed from captivity The Assembly desireth a Bailive of Edinburgh present to take order with him according to the Act of Parliament and to set him free upon caution VI. Concerning the hainous murder of the Earle of Murry committed by the Earle of Huntly and his complices the Assembly gives order and strait command unto the brethren of the presbytery of Brechin who have already entered in process with him to proceed with concurrence of two brethren of each presbytery of Anguse and Merns against him for that cruell fact according to the acts of the Assembly VII Whereas an act was made in the last Parliament concerning deposed Ministers it is thought meet at the next Parliament or Convention of Estates To crave that because it hat been enacted that notwithstanding a Pastor be deposed yet the tacks and titles set by him shall stand It be now provided and added unto that Act that if the tack or title be set after the committing of the fact for which the person is deposed that such tacks factories or titles whatsoever shall be null or of none availl In the Parliament begun Juny 5. The four petitions of the Assembly were taken into consideration whereof the second and third were denied but for the first all former Acts of Parliaments for liberty of the true Church were ratified as also the Parliament ratifieth and approves the Generall assemblies appointed Act of Parliament concerning the disciplin of the Church by the Church and declares that it shal be lawfull to the Church and Ministers every year at the least and ofter pro re nata as occasion and necessity shall require to hold and keep generall assemblies Providing that the Kings Majesty or his Commissioners with them to be appointed by his Hieness be present at each generall Assem before the dissolving thereof nominate appoint time and place when or where the next generall assembly shall be holden and if neither his Ma. nor his said Commissioners be present for the time in that Town where the Assembly shal be holden in that case it be lawfull to the said Gen. assembly by themselves to nominate appoint time place where the next Gen. assembly shall be keept as they have been in use to do in time by past And also ratifieth and approves the Synodall or Provinciall assemblies to be held by the said Church and Ministers twice every year as they have been and presently are in use to do within every Province of this realm And ratifieth approves the presbyteries and particular Sessions appointed by the said Church with the wholl jurisdiction disciplin of the said Church agreed upon by his Majesty in Conference had by his Hieness with certain of the Ministers conveened for that effect of which articles the tenor followes Matters to he treated in the Provinciall assemblies These assemblies are constltute for weighty matters necessary to be treated by mutuall consent and assistance of brethren within the Province as need requires This Assembly hath power to handle order redresse all things omitted or done amisse in the particular assemblies It hath power to depose the office-bearers of that Province fot good just cause deserving deprivation and generally these Assemblies have the whol power of the particular Elderships whereof they are collected Matters to be treated in the Presbyteries The power of the Presbyteries is to give diligent labors in the bounds committed to their charge that the Churches be keept in good order to enquire diligently of naughty ungodly persons and to travell to bring them into the way again by admonition or threatning of Gods judgements or by correction It appertaines unto the Eldership to take head that the word of God be purely preached within their boundes the Sacraments rightly administred the disciplin entertained and ecclesiasticall goodes uncorruptly distributed It belongs unto this kind of assembly to cause the ordinances made by the Assemblies Provinciall Nationall or Generall to be keept and put in execution to make constitutions which concern TÃ’ PREPON in the Church for decent order in the particular Church where they govern Providing that they alter no rules made by the Provinciall or Generall Assemblies and that they make the Provinciall privy of the rules that they shall make And to abolish constitutions tending to the hurt of the same It hath power to excommunicat the obstinat formall process being led and due intervall of times observed Of particular Churches if they be lawfully ruled by sufficient Ministry Session they have power jurisdiction in their own congtegation in matters eccelesiasticall And decernes and declares the said Assemblies presbyteries and Sessions jurisdiction disciplin thereof foresaid to be in all time coming most just good and godly in the self Notwithstanding whatsoever Statutes Acts Canon Civill or Municipall lawes made in the contrair To the which and every one of them these presents shall make expresse derogation And so followes an abrogation of many Acts made in time of Papistry in favors of the Papisticall Church Also the 129. Act of the Parliament An. 1584. was annulled that it should in no way be prejudiciall nor any way derogatory to the priviledge that God hath given to the spirituall Office-bearers in the Church concerning heads of Religion matters of heresy excommunication collation or deprivation of Ministers or any the like essentiall censures specially grounded and having warrand of God's word Item then was annulled the act of that same Parliament granting commission to Bishops and other Judges constitute in Ecclesiasticall causes to receive his Hieness presentations unto Benefices to give collation thereupon and to put order in all causes ecclesiasticall which his Majesty and Estates foresaids declare to be expired in itself and to be null in time coming and of none availe force nor effect And therefore ordaines all presentations to Benefices to be directed unto the particulare Presbyteries in all time coming with full power to give collation thereupon and to put order to all matters ecclesiasticall within their boundes according to the disciplin of the Church Providing the foresaid Presbyteries be astricted bound to receive and admit whatsoever qualified Minister presented by his Majesty or laick patrones Lykwise an act that unqualified persons being deprived the Benefice vakes and the Patron not presenting the right of presentation pertaines to the Presbytery without prejudice of the tacks set before the deprivation Lykewise an Act concerning Manses and glebes at cathedrall and Abbey-churches Item an act ratifying approving all acts of Parliament Secret Counsell and all Proclamations made before against Jesuits Seminary-priests and receipters of any of them also decerning that in all time coming the saying of Masse receipting of
Assembly will not spare him But wee never heard that any error was so obstinatly maintained as to be brought to the censure of a Synod far less to the Gen. Assembly excep only two usurping Bishops and Tho. Hepburne yet he was suspended and after conference with some which were appointed to argue with him he corrected his opinion Wee have the like experience of the Church of France and if the Reformed Church of the Low Countries had enjoyed the liberty of set and generall Assemblies as the Church of Scotland did and France doth Arminianism had not goâ—e such footing among them and if that extraordinary Nationall Councell had not been held at Dort in all liklyhood it had prevailed But episcopall Governument hath bredd and entertained schism heresy tyranny Among presbyteries if one had hatched an heresie it was soon crushed unless a Bishop had taken the patrociny of it but if a Bishop hatch an heresy or take upon him the defense of one hatched by another he drawth commonly all the Diocy after him as may be cleared by infinite instances and when the universall Bishop was set up a Generall apostasy followed All the world hath been shaken with contentions of Bishops patriarcks and popes for preferment to their places or advancement of their honors So that wee may justly averr that superiority of Bishops hath been the Knife that hath cut the strings of concord peace The heathen Emperours have not been gâ—eater persecuters that Lordly Prelats Catilina did not disturbe the common wealth more than Bishops have done in some Nations I as witnesseth Thomas Becket and Anselm thogh even for the same cause principally they were called Saints And if we will cast our eyes on our neighbour Church there we may find Familists Anabaptists Lutherans Arminianes and preachers popishly affected to live without controlement but sound orthodoxe preachers to be for not conformity in ceremonies c. silenced imprisoned banished or otherwise hardly used Since the golden ring of equality among Pastors was broken in our Church and the liberty of holding assemblies was reâ—t from her a fearfull schism hath entered with obtruding of Popish ceremonies popery and Arminianism is taught in churches and Schools and none so readily preferred to Bishopricks or inferior Benefices as Arminian and Popish preachers which unless God prevent it in end will draw all the body into apostasy and defection which is more dangerous than a meer schism This the Author did write about the year 1635. Certainly ambitious men and all who will not be curbed in their loose carriage are enemies of this Discipline XXX The plots of the Popish Lords at which I hinted before being 1593. so manifestly discovered to tend for the overthrow of religion and of the Realm did animate the King much against the Jesuits and he published his resolution to spare none that were tryed guilty of that treason but make them example to all posterity in most serions manner requiring all good subjects to beware of these Jesuites and in their prayers to implore the mercy of God for preserving themselves their wifes and chlildren from the conspiracy intended The Ministers of Edinb esteeming it their duty to make the conspiracy known unto the churches of the countrey wrote letters unto the nearest Ministers desiring them to meet at Edinb January 8. to give their advice in these dangers The meeting was frequent for the report of the discovery drâ—w many of every condition thither Robert bruce declared the danger whereinto the Countrey and Church were brought It was thought meet to entreat his Majesty by some Commissioners to execute the Lawes against Jesuits their abettors The King accepteth them that were sent unto him and gives thankes unto them all for their readiness to assist him at that time and wished them not only to give their advice for the course that shall be taken but to let him know what help they would contribute for strengthening him This being reported to the meeting their advice was that a Parliament be called and the subscribers of the blanks be summoned and because it was not likly they will appear and so his Majesty shall be forced to pursue them by force of armes they did humbly offer their attendance upon his Majesties person till these be apprehended or expelled out of the Countrey as also they will entertain a guarde to his Majesty of 300 horsemen and 100 foot so long as any necessity shall be and especially till the lawes have taken effect against the rebells Providing it be not drawn into a custom nor prejudge the liberty of the realm This offer was accepted and proclamation was made to meet the King at Aberdien February 20. for setling the North. Anguse was imprisoned upon another occasion yet escaping went to the North. So soon as they heard of the Kings coming all these fled unto the hills and sent their Ladies with the keies of their houses unto the King He appointes his Lieutenants in the North and returnes to Edinburgh March 26. The Assembly conveenes at Dundy Aprile 24. David Lindsay is chosen Moderator I. A supplication was Teh 55. Assembly sent unto the King and Counsell for execution of the lawes against all manner of Papists and regrating the prejudice done to the planting of Churches by erection of prelacies into temporall Lordships whereof they supplicate for remedy II. An inventary is taken of all presbyteries throughout all the Country none in Argyle and the west or north Isles as also an inventary of all vaking and unprovided Churches III. Commissioners are appointed to try all Ministers in every presbytery who are not qualified not resident scandalous c. And to proceed against such by advice of their own presbytery according to Acts of the Church and for shortening the Commissioners travels it is appointed that before their coming every presbytery shall use diligence among themselves and that every presbtery shall provide for the Churches of these commissioners enduring their absence in visitation IV. In Sess 7. Sâ—r James melvin of Hallhill Commissioner from the King presenteth a Missive containing the articles following and the Act of the late Parliament concerning the jurisdiction of the Church these were thankfully accepted read and otdained to be registred The articles were 1. His Majesty declares that seing he can not with honor see the priviledges of the Crown hurt therefore he will see the Act of the Parliament keept concerning the conveeing of the Generall Assembly by his appointment willing them therefore before their dissolving to direct two or three unto him to crave of him to appoint time and place of their next meeting 2. To make an Act prohibiting all and every Minister under the pain of deposition to declame in pulpit against his Majesty or Counsell's proceedings seing they know his good intention to set forth piety justice and he at all times gives ready accesse to sundry Ministers for informing delating or complaining either in their own name
or in name of any of the Brethren 3. Because Mr Craig is old he craves that shey would give in liete five or sixe Ministers out of which he may chuse two to serve his house 4. Seing the standing of religion and the welfare of his Ma s person are so inseparably joyned that whosoever are enemies to the one are common enemies to both therefore let some be appointed in every Presbytery to advertise inform him diligenly for the more speedy remedy not only of whatsoever practises they can hear of Papists and the Spanish faction but of their receipters and of the practises of Bothwell whose wholl courses as they are directly against his person so they tend wholly to the subversion of religion With directjon also unto them to inform all the Barons and honest men tenderers of his Ma s wee fair to atrend and give inteligence of these practises as they can learn from time to time 5. That where is any port or landing place some brethren be specially appoinred to deal so with the Burghs that they take sufficient tryall according to the law made of all who shall come into or passe forth of this eountrey from whence they came whither they intend what is their purpose and so after good and sufficient tryall if there be any thing of weight importance that they fail not to acquaint his Majesty there with to the end he may the more readily discover all forrein or intestiue practises which are or shall be plotted against the estate of the present religion And this he craves to be done so faithfully as he hath good opinion of their earnest affection no less to the preserving of his person as to the defence of the common cause As also he promiseth to aid and assist you in all your good resolutions that may tend to the furtherance of peace and quietness with the advancement of true religion presently professed within this realm The humble answers of the assembly 1. Unto the first it is agreed according to the Act of Parliament which was delivered with the Articles 2. It is ordained by the wholl Church that no Minister utter from pulpit any rash or unreverent speaches against his Majesty or Counsell or their proceedings but that all their publick admonitions proceed upon just necessary causes sufficient warrant in all fear love and reverence Under the pain of deposing those that do in the contrary from the function of the Ministry 3. The Commissioners that are directed unto his Majesty shall nominate the Brethren and whom he shall chuse shall be admitted by the presbytery where his Majesty makes residence for the time The 4 5. are condescended unto and order taken as the Commissioners will give particular information V. No Colledge shali make disposition of their rents or livings by tack or any other title without the advice consent of the Generall assembly Vnder the pain of deposition of the persons disponing VI. For furtherance of the residence of Ministers it is appointed that all parishes shall build manses where are none or where they be ruinous upon their own expences or if they refuse after they are duly required not only shall they be judged the only cause of the Ministers not residence but it shall be lawfull unto the Minister his aires exequitors or assignayes departing to retain the possession of the Manse built by him if he build or repair the same upon his own expences ay and whill the Intrant Minister refound unto him or his foresaids the wholl expences at least so much as the Parish can not be moved to refound And that the presbytery at the Intrants admission take order for performing this providing that the expences exceed not 400. marks And the presbytery after the repairing or bigging of the Manse shall take exact tryall and account of the expences and give him their allowance to be registred in their books And likewise the Minister succeeding shall have â—he like title to crave of the Intrant after him the like expences ay untill the Parish shall outquite the Manse VII Commissioners are appointed to attend the Parliament with the petitions of the Assembly VIII As the books of Presbyteries are tryed in rhe Provinciall assemblies so the books of the Synods should be brought unto every Generall assembly for the better understanding of their proceedings Under the pain of the censure of the Church IX For remedying controversies among Ministers it is concluded that where any plea thogh in a civill matter ariseth betwixt two brethren if they be both of one presbytery they shall chuse what number they please thereof and the elected shall chuse an overman and they shall summarly decide and give Sentence which shall be irrevocable or without appellation And if they be of sundry presbyterics they shall chuse equall number out of them both and the elected shall elect an Overman and these shall give Sentence as said is without appellation And if any shall refuse this form submission he shall be held by the Church to be contumatioâ—s X. The Generall assembly by the authority given by God unto them dischargeth all and every Christian within the Church of Scotland from reparing to any of the King of Spain his dominions where the tyranny of Inquisition is used for merchandice negotiation or exercing of sea-faring occupation Untill the Kings Majesty by advice of Counsell have fought and obtained speciall liberty from that King for all his subje s to negotiat there without danger for the cause of religion Under the pain of incurring the censures of the Church untill the last Sentenee of excommunication The reader may judge of the fyve articles and the answers B. Spotswood saith the first two articles were savouring of discontent but he gives not a reason and he saith the King esteeming the second answer to be no restraint but rather to Minister an excuse to the unruly sort when they transgressed rejected it as not satisfying his demand whereupon the petitions of the Church against the Papists at the same time and against the erections of tyths into temporalities were not regarded And the merchants saith he offending at the Act made concerning them did petition his Majesty and Counsell for mantaining their liberty which was granted and nevertheless the Church proceeded in their censures till the merchants promised to surcease their trade with Spain how soon their accounts were made and they be payd of their debitors in these parts As for Bothwell he had fled into England when his treasonous attemps were discovered and when the English Ambassador did interceed for him the King said His offenses were unpardonable and to be abhorred of all Christian Princes In Juny he returned privily into Scotland and found rhe means to surprise the King within Halirud house and caused him subscribe articles which the King afterward did revoke in a Convention of the Estares as dis-honorable and made offer to grant the same upon a new
use without favor and no part thereof be disponed to their friends or any other person for their commodity 6 Great reason their forsciture alwaye preceeding That all persons be inhibited under the pain of treason and losse of life lands and goods to receipt supply rise-with or concurr or have intelligence with the foresaid excommunicats under whatsoever pretense of vasalls or dependes 7 To be ready at my charge it is very meet But I understand not the last clause That all the subjects be charged to put themselves in arms by all good means they can remaning in full readines to pursue and defend as they shall be certified by his Majesty or otherwise finding occasions urgent 8 I shall omitt no diligence in that which can be required at my hands as I shall answer to God That the ship arrived at Montros be apprehended and the persons which were within her together with others which have had any dealing with them according as they shall be given up in writ be called and diligently examined for discovery of the practises and purposes which they have presently in hand 9, Distingue tempora conciliabis Scripturas The meaning of this the bearers will expound unto you Forsomuch as the Lord Hume hath controveened sundry points wherein he was obliged unto the Church of Edinb by his promise at the receiving of his subscription as in not satisfying the Synod of Fife in not receiving a Minister into his house in not removing out of his bounds Captain Andrew Gray and Thomas Tyry whereby as also by his scandalous life since his subscription he hath given just cause of suspicion unto the Church and all good men that as yet in his heart he is not sanctified truly or converted to the true religion Therefore that his Majesty would take earnest tryall of the premisses and thereby judge if there appear in him such sincerity of religion life as his Majesty may trust him and the Church may expect true friendship in so dangerous a time in the cause of religion and if that be not found that his Majesty would remove him from his company and discharge him of all publick office and command 10 The complaints belong not unto your offices alwayes That the guard presently taken up be tryed together with the Captaines because many complaints are given unto the Assembly against them IV. I have satisfied the bearers Subscribitur Iames R. Whereas a horrible superstition is used in Garioch and in other parts of the Countrey in not labouring a parcell of ground dedicated to the devill under the name of the good mans croft the Church for remedy hereof hath found meet that an article be propounded unto the Parliament that an Act may proceed for ordaining all persons possessors of such lands to cause tille and labour them before a certain day to be appointed thereunto or in case of disobedience the same landes to fall into the Kings handes to be disponed unto sueh persons as shall please his Majesty who will labor them V. Alexander Lord Hume compeares and is asked by the Moderator Whither he confesseth with his heart and mouth as before the Lord that he was justly casten out of the Church by the Sentence of excommuniation pronounced against him by the Synod of Fife and as he will answer upon pain of salvation The from of absolution of excommunication damnation to speak the truth simply He protestes and acknowledges that he was justly excommunicat and confesses his fault in deserving it Then he is asked Why he sought not to be relaxed from that Sentence according to the direction to the Presbytery of Edinburgh He excuseth himselve by ignorance of that part of the Act. And being accused Why he detained the stipends of some Ministers namely of Chirnside he answereth he is ready to pay whatsoever he oweth by law Why he hath no observed the conditions named in the Act of the Presbytery of Edinburg to wit that he should have a Minister in his Family and remove Tho. Tyry out of his company He remembreth not that he was required to have a Minister in his family but now he is willing to accept any whom the Church shall appoint as for Tho. Tyry he was in was in his service after that time but understood not that he was obliged to remove him untill the Church did excommunicate him and since that time he hath discharged removed him He is asked Whither he knew a priest named Cowy or any that was set on land out of that ship coming lately from Flanders He denieth both He is asked Whether the Jesuit Mackwherry was in his house lately He confesses that he was in this house within these five dayes and came without out his knowledge nor had he any missive or commission unto him and he stayd not above an halfhour Lastly the said Lord confesseth and protestes in the presence of God whom he takes to witness and the Lord Jesus who will judge the quick the dead that he professeth from his heart the religion pâ—esently professed by the Church here present whereof he hath already subscribed the Articles before the Presbytery of Edinburgh and now acknowledgeth to be the only true infallible religion which leadeth unto salvation and wherein he intends to live and dy and which he shall to his uttermost defend against all the enemies thereof and as he shall answer to the dreadfull God he forsakes the Romane religion as Antichristian and directly opposite to the truth of God and his true Service And these things he testifieth by lifting up his hand and declaring before God that he hath no dispensation nor indulgence to subscribe or sweare Certain brethren are appointed to conferre with him at his own lodging for the fuller tryall of his resolution On the second day thereafter Alex. L. Hume compeares and humbly craves to be absolved from the Sentence of excommunication protesting that in time coming he will give proof of obedience and service unto God and maintain the truth of His religion presently professed by the Church here present unto his lifes end and howbeit some time he had been of a different religion now he avoweth since he hath been better informed in the Heads wherein he differed the Confession of faith and religion presently professed by the Assembly and if hereafter he shall decline from it he submits himselfe unto the Censure of the Church hoping by Gods grace that he shall never make defection Because all these answers and professions have been passed by word only the Assembly judgeth it meet that some articles be written and then subscribed by him and thirdly to consider of his absolution The next day these Articles were propounded in write unto him 1. That Alexander L. Hume ratify approve the subscription and oath given by him unto the Confession of faith at Edinburgh December 22. last or subscribe again in face of the Assembly 2. That he
failed having no just warrant And being minded to satisfy his Majesty in all respects so far as possibly can be done with a good conscience after earnest calling upon the name of God for assistance of his Spirit and after long advicement hath found it good that the admonition of the Provinciall of Perth be reverenced of the said Generall Assembly and that the Assembly at this time give further admonition to John Ross to speak at all time reverently and with such wisdom of his Majesty that he alwayes may have so clear warrant of his speaches as may fully satisfy his own conscience before God and have the approbation allowance of all his godly brethren And this admonition be extended to all young men of the Ministry yea and to all the Assembly This judgement of the brethren being read and considered is voted by the Assembly to be followed in all points The said John Roâ—s is called-in and protests before God that whatsoever he spoke at that time he spoke it not of any respect to the traitors being then in the fields but in love to his Ma s weell and standing and so forth as is written above The Moderator in name and at command of the Assembly admonishes him and all the Assembly in the name and fear of God that in all time coming he and they all speak so reverently of his Majesty that they may have so clear warrant of their speaches that may fully sasisfy their own consciences before God and have approbation of all the godly and that his Majesty have no just cause of complaint or mislyking in time coming This admonition this said John acceptes with humble reverence VII In Sess 17. Androw hunter is delated to have deserted his flock and bruited to have joyned himselfe with the rebells of the King wherefore the Assembly presently deposeth him from the function of the Ministry ay and untill he shall satisfy the King and Church for that offence VIII In Sess 15. the assembly ordaines a fast to be keept within the presbytery of Edinburgh and other parts where advertisement can be made upon sunday next immediatly preceeding the Parliament and that his Majesty be entreated that Exhortation may bee according to the former laudable custom in the first day of Parliament and a thanksgiving at the conclusion thereof by some Minister and also that the said fast be made known unto his Majesty and entreated that he and his house would keep it It is also ordained that a generall fast be universally observed through the realm the two last sundayes of July coming because c. IX In Sess 18. Sir Rober Melvin of Murdo-Cairny and Alexander Hume of North-Berwick in name of the King present to the Assembly these their instructions 1. To protest that his Ma s royall priviledge set forth by act of Parliament be not prejudged in appointing the next assembly and to that effect that before their dissolving at this time they direct some of their number unto his Majesty to be resolved by him of the time place of the next meeting According to his Ma s proposition and their promise in the last Assembly at Dundy 2. That they will ratify and approve by Act of this present assembly their promise made to his Ma. in their foresaid Ass in any thing that any of the Ministry had to crave or â—omplain to his Majesty in any thing that they should do it by particular conference and not utter publickly in pulpit any unreverent speaches against his Ma s person Counsell or estate Under the pain of deprivation And for this cause that they will presently try and censure one of their number who hath contraveened the said Act and specially they will examine so many of their number as were present at the last Synod at Perth and charge them upon their great oath to declare what treasonable and unreverent speaches they heard John Ross utter in all their audiences and next whither they censured him for them thereafter or not and to desire them in his Mas name that according to the Synodall censure of him they will judge him as he demerits on the one part and his Ma s modest behaviour ever since that hath deserved 3. That they will excommunicat Andrew Hunter for bringing a scandall upon their profession as the first open traitor of the function against a Christian King of theyrown religion their naturall Soverain 4. That by Act of their assembly they will ordain every particular Minister within their charge to dissuade alswell by publick as private exhortation their flock committed to their cure from concurring with the treasonable attempts of Bothwell or any other traitors that raiseth ot shall raise up themselves against the lawfull authority placed by God in his Ma s person And specially that they shall narrowly take heed and not suffer any of their flock be seduced under color of religion or whatsoever false pretext to receive wages and becom souldiers for service of any persons excep they see his Ms warrant thereunto and namely of Both well who presently in sundry parts of this realm hath attempted the same 5. That in respect the time of Parliament is at hand and the occasion will suddanly serve for declaring his Ma s godly and honest intention in persecuting the Papists excommunicate Lords both by law and other ways therefore they will select one or two Commissioners of the discreetest wisest of every principall Presbytery and give them Commission to attend upon his Ma. at this time alsweell that his Ma. may have their good advice assistance in this good business no less concerning the estate of religion than the estate of his Ma s Crown and Countrey and lykewise that his Ma. may by their means direct and inform what he would wish to be don by all the rest of the Ministry as occasion shall from time to time present The humble answers of the Assembly unto these articles 1. The time and place of the next Gen. assembly is appointed by the advice of his Ma s Commmissioners according to the Act of Parl. to be at Montros the last tuysday of Juny come a year 2. The act made by the Gen. assembly at Dundy is ratified de novo and the particulare of Jo. Ross is resolved as his Ma. shall be informed more by the Commissioners of the Church 3. The Ass hath pronounced the sentence of deposition against An. Hunter untill he satisfy his Majesty and the Church 4. Every Minister is straitly commanded to dissuade their own flocks alswell by privat as publick exhortations from concurring in the treasonable attempts of Both well or other traitors to his Maj. c. As in the demand 5. A certain number is appointed to wait on his Maj. for satisfying the last article Against the Sentence of excommunication pronounced by the Synod of Fife against the Papist Lords B. Spotword P. 396. objecteth it was unlawfully done by them having no power And
his kingdom you are a subject unto Christ and a member of his Church and neither Head nor King the spirituall office-bearers to whom He hath committed the Goverment of his church have power and warrant to conveen which you ought not to controll nor discharge but rath to assist Sir when you were in your swadling cloaths Christ reigned freely in this Land in despite of the enemies the office-bearers had their meetings and their meetings have been steadeable unto your Maj. when the enemies were seeking your destruction and now when such necessity urgeth them you will find fault with their conveening The wisdom of your Counsell which is pernicious is this Because Ministers and Protestants in Scotland are too strong and controle the King they must be weakned and brought low by stirring a party against them and when the King is indifferent to both both shall fly to him and so he shall be served grow in grandure and attain his purpose But this wisdom may prove foly and in serving both you shall lose the hearts of both The King setleth a litle and dimits them pleasantly promising that albeit the Convention had licenced them to make their offers they shall not be licensed untill they be out of the Countrey again and whatsoever they offer they shall find no favor at his hand till they have satisfied the Church Nevertheless they were permitted to remain and travell by their friends for reconciliation The Commissioners of the Generall Assembly and Commissioners from sundry Synodes meet at Edinb Octob. 23. as was appointed at Couper It was thought expedient that some commissioners be appointed for every quarter of the country and one of every quarter shall abide at Edinburgh monethly by turns to communicate the advertisements that shall be directed from diverse parts and to consult upon the most expedients in every case Robert Bruce Robert Pont David Lindsay Jac. Balfour Pat. Galloway and Wal. Balcanquell Ministers within the Presbytery of Edinbugh were appointed to conveen always with them From this conveention were sent unto the Presbyteries informations of the dangers arising from the forfeited Earles and for remedy the Ministers were desired to make professors sensible of the danger to keep a publick humiliation the first sunday of December to urge an universall amendement in all estates beginning at themselves to intimate solemly in all the churches the excommunication of the Apostate Earles to proceed with the censure of the Church against them who entertain any society with them or take any dealing for them quia periditatur salus Ecclesiae Reipublicae November 9. these who conveen sent Da. Lindsay Pa. Gallowav Ja. Nicolson and Ia. Melvin The third debate unto the King to crave in all humility that he would shew what moved him take so hardly with the Ministry to offer all satisfaction and to propound their grievances November 11. they report to the brethren the Kings answers There can be no agriement betwixt him and the Ministry till the marches of their Iurisdiction wer rid they should not speak in pulpit of the affaires of State and Counsell the Generall assembly should not conveen but by his authority and speciall command Synods presbyries and particular Sessions should not medle with causes whereupon his lawes strick but fornication and the like scandalls and he will be satisfied in these and such other heads As for their grievances his answer was he had granted nothing to the excommunicate Earls but what his Counsell and Estates thought needfull for the peace of the realm and upon condition that they satisfy the Church The Lady Huntly who was come to the baptisme of his Daughter is a good discreet Lady as Papists may be honest folks and his Mother was a Papist and yet an honest Woman The Lady Livinston shall satisfy the Church or els she shall not come neer his Daughter but he could not refuse to concredite her unto the Lord Livinston And they reported that they had replied The free rebuke of sin without respect of persons was warranted by Gods Word Ministers speak alway with reverence of his Majesty but can not spare the enemies of truth nor comport with any favorable dealing shewd towards them The discipline of the Church was established after many conferences upon evident grounds of Gods Word by his Majesties lawes and Acts of Parliament and use and practise following His Majesty had not done well in granting any favor to the forfeited Earls till they had been out of the Countrey and all that the favor shewd unto Papists moveth good men to suspect his Majesty especially if the Lady Huntly come to the baptism pulpits would sound against it and the committing of his Daughter unto the Lady Livinston's custody will be thought a speciall pledge of his favor unto Papists When the brethren heard this report they perceived clearly that the ruine of the liberty of Christs Kingdom was intended and seing the King had uttered his mind so plainly they thought meet to advertise the Presbyteries and exhort the brethren to study diligently the grounds of disciplin and that they argue not upon articles which are to be sent unto them from the King till their Commissioners be advised For they feared to call into question the determined and undoubted disciplin of Christs Church Here yee may see the alteration of discipline was intended before December and I have heard saith David Black he there that the King had a role of Ministers whom he purposed to preferre unto Bishopricks before December 17. The same elleventh day of November they were enformed certanly that David Black Minister at Santand was to be charged to compear before the King and his Counsell for some words spoken in a Sermon in October The next day the foresaid Ministers were sent again unto the King to understand what were his doutbs A fourth debate questions he had to propound concerning the marches and calling of the Ministry and to advertise his Majesty how it is taken hardly that Ministers of Gods word be vexed and charged for calumnies and triffling delations when the enemies of Gods truth are favored and over seen They reported on November 15. that they had received no good answer because his own Minister Pa. Galloway had said unto him in a private conference The Church gote fair words and promises without effect but the enemies gote the good deeds Nevertheless the same brethren excepting Patrick were directed again to insist earnestly upon this point that order be taken with the common enemy ere any controversie be intended against the Church or any Minister otherwise to let him understand that all the world will say Nothing was intended but benefite to the enemies and trouble unto the Church The King answered He had thought much of that matter only let David Black compear and if he be innocent purge himself in judgement but take heed that he decline not my judicatury For if he do so it will be worse The brethren
is most properly a Pastor he that hath not received imposition of hands and hath received from Christ pastorall gifts and a call from a flock obeyth the call in feeding that flock conscienciously Or he that hath received imposition of hands and hath the charge of 100 or 200 flocks and they never seek him nor see him but he waites upon other affaires not belonging to a pastorall charge I grant in the Court of Rome and in the judgement of Satan a ceremony is better then substance But the question is Which of the two is the truest Pastor in the ballance of the Sanctuary Can any consciencious man think as the Court of Rome judgeth Another motive may be thought that since that Writer was guilty of perjury for many times had he subscribed that Confession abjuring Hierarchy and yet took a Prelacy one after another he could not speak nor write a good word of that disciplin into which he had sworn so oft nor of the maintainers of it but with some spight as appeares throgh all his booke which he calleth The History of the Church of Scotland but may rather be called The calumnies and railings against the Church of Scotland whereof he was an enemy and by which he was justly and solemly excommunicated in the year 1638. What is in that book of the faith doctrine or piety of the Church Many of these calumnies in this posthum book he had written before in a Reply ad Epist Philadelphi and it was told him in the Vindiciae that he had written against his conscience It is said Pag. 50. Why should one believe a man who makes not conscience of his words And Pag. 56. Whatsoever may have the shew of a reproach this ingrateson scrapeth together to spue it out against his Mother the Church In which words envy which appeares throughout vented it self wholly for what can be said or forged in a Narration more wickedly than to be silent in that which is good and to proclame what is evill or which may make a shew of evill And Pag. 67. Should not a Bishop whe though he were a Papist yet should at least have the shaddow of gravity be ashamed to fain like a brawling wife what all men know to be false And because in that pamphlet he had written as he doeth oft in this later book that the King applied himself contrary to his mind unto the will of the Ministers it was told him Pag. 59. What can be spoken more vilely and unworthily against the Royall honor then that he applied his will unto the wicked endeavours of his subjects and loosed the raines unto the boldnesse and crimes of wicked men But this is the imprudence by the just judgement of God of flatterers that when they wold most earnestly catch they do most offend So that in a word whosoever regardeth the honorable memory of K. James VI. or the credite of the Church of Scotland will not believe that book of lies and calumnies I return unto that Assembly I. The first three Sessions were taken up with the election of a Moderator and Clerk and one ordinance that Acts of every Assembly should be formed by certain brethren and be publickly read before the dissolving of the Assembly and be in-booked II. The 4. and 5. Sessions have some particulare references III. In Sess 6. The Commissioners that were appointed to deall with the excommunicat Earles report their diligence severally and that they submitt themselves unto the Church in all the prescribed articles The Assembly ordaines the same Commissioners to see the performance of their promises in all the articles so far as possibly can be performed for the time and after performance to absolve them from â—he Sentence of excommunication and to receive them into the bosom of the Church IV. In Sess 7. Notes in form of declaration of certain of the Acts of the G. Ass holden at Perth in Febr. last for explaining his Ms and the Assemblie's meaning for the satisfaction of them which were not acquainted therewith and which are ordained to be registred in the Acts of this present assemb 1. Concerning the lawfulness of the said Ass holden at Perth it 's declared that one of the reasons moving the brethren to acknowledge the lawfulnes of that Ass is found to have been that the Commissioners of the Church had accorded with his Maj. therein as is expressely set down in his Maj. Letters 2. The reason moving the Ass to grant the more willingly to the second article concerning the reproving his Maj. lawes was that his Maj s earnest constant affection to the religion and obedience to the word was evidently known unto the said Ass and that it was his Ms declared will intention alwayes to frame his lawes wholl Government according to the same for this cause the Ass agreeth to the said article 3. Concerning the article ordaining no mans name to be expressed in pulpit excepting notorious crimes c. the point of notoriety is further defined If the crime be so manifest and known to the world ut nulla tergiversatione celari possit 4. Concerning the Article ordaining that no convention of Pastors bee without his Ma. consent c. His Ma s consent is declared to be extended to all and whatsoever form of G. Ass or speciall permitted authorized by his law and as they have warrant in the word of God As being the most authentick form of consent that any King can give 5. Concerning the article of providing Pastors to Burghs It is declared that the reason thereof was is that his Majesty was content and promised that where the Gen. assembly findeth it necessaâ—y to place any person or persons in any of the saids townes his Majesty and the flock shall either give their consent thereunto or a sufficient reason of the refusall To be propounded either unto the wholl Assembly or to a competent number of the commissioners thereof as his Majesty shall think expedient V. Answers to the rest of his Maj s questions as they were propounded by his Majesty and his Commissioners in the present assembly 1. Concerning the propositions craving that before the conclusion of any weighty matters â—oncerning the estate of his Hieness or of his subjects his Ma s advice approbation be craved thereunto that the same being approved by his Ma. may have the better execution and if need require be authorized by law the assembly craves most humbly that his Ma. either by himselfe or his Commissioners in matters concerning his estate or the wholl estate of his subjects and others of great weight importance that have not been treared before would give his advice and approbation thereunto before any conclusion of the same And for the better obedience to be given to the like statutes in all time coming that his Majesty would ratify the same either by Act of Parliament or Secret Counsell as shall be thought needfull The which his Majesty promiseth to
the houses from all persons living inordinatly whose bad example might bring slander unto their profession specially from them that are suspect in religion or found any way busy in dealing against the Truth and quietness of the countrey 4. Endeavour to have their churches provided with sufficient stipends and wel qualified persons and procure that by their authority and assistance the disciplin of the church may have execution within their bounds 5. Urge the performance of the Articles which they did subscribe at their reconciliation and extract these Articles out of the register 6. Persuade them to make honest provision of stipends for the Pastors resident at their Houses or chief dwelling places and to make choise of wise grave and learned Pastors thereunto 7. Inform the Kings Majesty from time to time how they do profit and what company resorts unto them and of what disposition is their company VI. Certain Overtures were given unto the Commissioners unto the â—lat concerning the provision of churches VII Certain Ministers were appointed to visit the presbyteries and parriculat congregation in seuerall Shires and after deâ—iberation Rules were given which should be observed universally to wit 1. The Visitors shall appoint two or three dayes Rules forvisiting Ministers for tryall of each presbytery and acquaint the presbytery a month or three weeks at least before their coming and send them an Edict to be published at every parish-church of the bounds by some other brother then the Minister of the place let it be duly executed indorsed and reported unto the Visitors the first day of theit meeting 2. Let the Edict be so directed by the Presbyteries that an equall number of Pastors be tryed each one of the dayes appointed for the tryall of the Presbytery and the commissioners of the congregations to be present on their day respectivâ— 3. Try the condition of every Minister particularly then the estates of the congregations and lastly of the Presbytery generally The tryall of the Pastors should be in this manner 1. Try each one in his graces and ability to discharge his calling in his furniture of books and other necessary helps of enabling with what fidelity aâ—d prudence he discharges himself in calling doctrin disciplin and conversation 2. For this effect enquire of the commissioners of his congregation what testimony he hath of his own Session and others of his flock and especially whether he reside in his Manse whether his life and the government of his family be such as he be not scandalous but edifieth his flock whether he teaches every sabboth once or twice or any other day besids in the week whether he keeps weekly convention with his Session for the exercise of disciplin whether he Ministreth the Communion yearly with due examinations preceeding whether he hath an establish'd Session of Elders and deacons whether he catechizeth weekly a part of his parishon whether he keeps an ordinary visitation of some families weekly whether he visits the sick and distressed when occasion requires whether he be diligent to remove all variances in his congregation Then try him if need shall be by expounding some passage of Scripture and by questions Enquire of him what helps he hath for advancement of his studies whether he hath the text of the Scripture in the originall languages what knowledge he hath of those tongues whether he hath the Translation of the old Testament by Tremellius and of the new by Beza with the vulgar English what books he hath for the common Heads and the ecclesiasticall history what commentaries he hath on the Scriptures specially on his ordinary Text whether he hath the Acts of Councels what writers he hath upon the controverfies of Religion whether he useth the conference of Brethren for his resolution in the doubts occurring in his reading and of whom whether he hath an ordinary course in reading the Scripture Ecclesiasticall histories and the controversies whether he makes any memoriall of his travels in writ What is his ordinary Text Whether he be provided to the parsonage or vicarage and whether he hath set any tacks thereof to whom and on what condition In whose hands are the tiths of his parishon and what Overture he can give for provision of a stipend there if it be not sufficiently provided And examin his Session-book When the brother is removed let the Presbytery be enquired one by one and declare upon their conscience what they know of his graces fidelity in doctrin disciplin and conversation After this tryall let him be judged and either approved or admonished or otherwise censured as the cause requires Next in the Visitation of congregations And congregatious Try every Minister particularly whether there be any Jesuites Papists Seminary-priests trafficquers against the Religion and peace of the countrey or any maintainers of them within that congregation Whether there be any witches excommunicat persons or disobedient unto the disciplin of the Church Whether there be any superstitious dayes keept by setting forth of fires or otherways Whether there be any superstitious places of pilgrimages wells or chappels Whether there be any not-communicants any homicides or deadly feâ—ds any adulterers incestuous persons Whither the sabboth be profaned by keeping of maâ—kets or working especially in time of harvest As they shall find in the premisses let them take order for reformation of any point thereof Thirdly concerning the visitation of Presbyteries Let And of Presbyteries the Moderator be enquired if they keep their ordinary meetings If they have their monthly handling of the Common Heads and disputations If they visit all the churches since the last generall Visitation If they take weekly or monthly account of their Brethren diligences in the discharge of their duty by catechizing their flock and visiting the families If any of their number be insolent and will not acquiesce in the determinations of the Brethren What unplanted churches are within their bounds VIII The Brethren that were appointed to consider the propositions of the Synod of Fife which are written before condescended upon the answers following 1. The Nationall Asse should be appointed and keept according to the Act of Parliament July 2. year 1592. the words are inserted even as they be here above P. 489. 2. If his Majesty shall proceed against Ministers according to his own declaration made and enacted in the assembly at Dundy in the year 1597. the desire of the second article is satisfied and no other thing is meant 3. The Act concerning application in Exercise should not be extended to forbid the application of Gods word unto the generall ends thereof which is lawfull in this manner This point of doctrin serves for refutation of such an error for the rebuik of such a vice for consorting men in such a case as for personall application it is to be advised whether it should be or not and how far And thinks good that it be argued in the Presbyteries which shall send with their Commissioners unto
the next Assembly their resolution with their reasons And in the mean while no nomination to be used in application 4. Let all commissions be used according to the Acts of the assembly 5. Doctors have had and may have vote in the assembly if they have lawfull commission for that effect as it was declared in the assembly at Edinburgh year 1586. and in other assemblies 6. Let the cautions be precisely keept and looked-unto as they were ordained The seventh is answered by the assembly 8. Nothing is to be done in the assemblies unless it be reasoned and advised sufficiently 9. We acquiesce in his Majesties declaration as W. Balcanquall will declair 10. Let their names be given up and order should be taken precisely The 11. Is ended in the assembly 12. We acquiesce in his Ma s declaration who will acquaint the presbyteries as occasion shall require 13 14. Let greater diligence be used and things amended on all hands in time coming according to the Acts of the ass These answers were approved registred IX Commission is given unto 24. Ministers or any nyne of them to attend on the King with power as in the last assembly And other 24. brethren are named adjoyned unto the Commissioners of Provinces that were conveened at Holyrudhouse October 15. year 1600. out of which number his Majesty may make choice of whom he will present unto â—aking Benefices who should vote in Parliament X. The assembly ordaines all persons to keep the sabbath and inhibites all kind of fishing and grinding of mills on the sabbath day Under pain of the censure of the Church And ordains the Commissioners to petition his Majesty that a pecuniall mulct may be laid upon the contraveeners of this Act. XI An Act is made for planting the Churches of Annandeal which have been destitute since the Reformation and that all not provided Ministers shall accept a charge there sufficient stipends being provided or to be declared uncapable of the Ministry To this effect a roll of Expectants or Students is written XII The Moderator in name of the Assembly makes humble request unto his Majesty in favour of Robert Bruce that seing he is admitted to return he may be restored unto his former Ministry The King declares that he will do by advice of their commissioners as Robert shall give occasion by his behaviour And because by his Missive unto his Majesty before his way going as also by his ratification and declaration thereof in writ at Perth Iuny 15. last by past he had declared his resolution concerning his Majesties innocency and the guiltiness of Goury and his brother and had promised to divert the people so far as lay in him from their lewd opinions uncharitable misconstructions of his Majesties actions in that matter Therefore his Majesty craves the determination of the Assembly whether the same Robert should make the same declaration in the pulpit as it is at length written in the Missive and explanation thereof Which both were read and ordained to be registred The Assembly voiced that the said Robert should do as he had promised XIII The Assembly ordaines that all Ministers should keep the fifth day of August by conveening their people and teaching that day by giving thanks unto God for preserving the King from that conspiracy of Goury and his brother And the King promiseth that he shall discharge all riotousness drunkenness and other wickedness by open proclamation and shall ordain Magistrats to take heed thereunto XIV No marriage should be celebrated in the morning nor with candle light and judgeth it lawfull to celebrat marriage on the Sabbath or any other preaching day indifferently so that no riotousness be used XV. The Sacrament of Baptism should not be refused unto infants if the parent crave it he giving a Christian Confession of his faith and specially that Baptism be not astricted unto particular dayes XVI A summons was read that was raised at the instance of the Synod of Lothian against Dame Elenor Hay Countess of Lithgow charging her to appear before this Assembly to prosecute her appellation from the Sentence of excommunication pronounced against her by the Presbytery of Lithgow With certification if she appeared not the Assembly would ratify that Sentence Alexander Earle of Lithgow gives a large supplication mentioning how grieved he was for the obstinacy of his spouse in not consenting to satisfy the conditions that were enjoined unto her when she was relaxed from the fearfull Sentence of excommunication And therefore was likely to incurr that fearfull Sentence again if the Assembly shall not have some consideration of his estate who can not forsake her society albeit he be and promiseth ever with Gods grace to be a sinceer Professor of the Religion taught within this countrey and promiseth to do his best endeavours for converting her unto the truth After consideration the Assembly suspends the Sentence untill the next Nationall Assembly Providing that the King remove his daughter out of her company And that the Earle will promise and cause his children to be catechized in the true Religion and that his Majesty will give him command to debarr all other Papists out of his house and deall earnestly upon all occasions with her for her conversion XVII Proposition was made by sundry brethren from diverse parts that some of best judgement be appointed to consider of the chiefest dangers appearing unto the Religion and peace of the countrey and of the the principall causes thereof and how it might be best prevented Brethren were appointed for this effect and having severall dayes communicat their thoughts did find that a chief cause of danger proceeds from miscontentment of some malicious and restless Papists who rage and leave nothing unessayed to work trouble because they are out of all hope to have his Majesties indifferent affection or connivence to them and their Religion during his Reign And of others who by the execution of justice find themselves and their friends to have suffered dammage and to be empaired of their greatness and dependance and so redacted to live under the obedience of lawes otherwise then they were wont And from minations of the Brethren What unplanted churches are within their bounds VIII The Brethren that were appointed to consider the propositions of the Synod of Fife which are written before condescended upon the answers following 1. The Nationall Asse should be appointed and keept according to the Act of Parliament July 2. year 1592. the words are inserted even as they be here above P. 489. 2. If his Majesty shall proceed against Ministers according to his own declaration made and enacted in the assembly at Dundy in the year 1597. the desire of the second article is satisfied and no other thing is meant 3. The Act concerning application in Exercise should not be extended to forbid the application of Gods word unto the generall ends thereof which is lawfull in this manner This point of doctrin serves for refutation of
Justitiaries Moreover that Act of Parliament was repealed by another Act An. 1592. which derogates from the former in so far as it was prejudicial to the office-bearers of the Church in matters of religion heresy excommunication collation of Benefices deprivation of Ministers ecclesiastical censures c. As for the alledged contempt sedition that against the provision of the act of Parliament they had conveened and proceeded contrary to his Majesties express command intimated unto them by the Commissioners of the Church in their Letter and the Counsels Missive and by Laureston and against a publick charge of horning proceeding from the Secret Counsell and execut against them the day preceeding It was answered The act is no instituting law of assemblies but a simple approbation of them as they were appointed by the Church and in that approbation it is declared that it shall be lawfull to the Church to hold generall assemblies once every year and oftner as occasion shall require And the provision in the Act imports not a nullity of the foresaid liberty approbation but rather the contrary because it no way concerns the actions of conveening or holding but only the nomination of time and place and that not simply but upon condition of his Majesties or his Commissioners presence where the Assembly is holden nor is that simply or absolutly but coniunct with the Assembly and the same provision in the last part of it saith expressely It shall be lawfull unto the Church in case of absence of his Majesty and Commissioners by themselves to appoint time place of the next Assembly as they have been in use to do and consequently to assemble proceed without the presence or express consent of his Majesty or Commissioner And unto the Assumption these had his Majesties consent in the assembly at Halyroodhous An. 1602. where he consented that the next assembly should be at Aberdien the last tuysday of July in year 1604. and that diet was prorogued at his Majesties desire by a Letter sent to the Presbyteries and subscribed by his Commissioner Laureston and the late Moderator untill the first tuysday of July An. 1605. which day was keept by them at the direction of their presbyteries As for the Letters sent by the Commissioners of the generall assembly unto the presbyteries 1. It beares no command but advice 2. The imprisoned had a more authentik and evident signification of his Majesties will declared in the assembly and that diet was prorogued by his Majesties direction which was more authentik then an alledged discharge sent in an article unto the Commissioners 3. At that same assembly all power of prorogating oâ— altering time place of the assembly was taken from the Commissioners with his Majesties own consent for remedy of the grievances given-in to that assembly for the delayes and alterations made by them without advice of presbyteries synods where also it was ordained that the diets of the assemblies be keept precisely according to the Act of Parliament An. 1592. which is of greater force then the Letter of the Commissioners who had no power to discharge the ordinance of the assembly and the Act of Parliament and the continuall practise of the Church requiring a certain day and place but their Letter appointed neither time nor place which imports a plain deserting rather then continuation consequently it was a loss of that liberty confirmed by Parliament and therefore could not with save conscience be obeyed 5. Their advice was not to keep the fifth day but that assembly was begun and ended on the second day Their intention possibly was to discharge it simpliciter but neither did the Letter speak so not was it the duty of Ministers to quite their liberty As for the Counsels Missive they did conveen with Laureston's advice and their convention was sanctified by invocating the name of God before the Missive was presented unto them he met with them and presented the Missive unto them as lawfully conveened and required an answer of it it was read and considered and obeyed in all points excep the indiction of another day which for preservation of the liberty of the Church could not be omitted without perfidy What contempt is it to deny the request of the Counsell when the request imports so great a loss and is contrary unto the law As for his Majesties Commissioner's dis-assenting 1. He made no opposition to their sitting down but consented 2. He delivered the Counsel's Letter and willed them to read it to consider it and to answer it and removed himself for that effect 3. He acquiesced and was satisfied with their obedience unto the first part of the Letter and for the designing a new day he said he had no commission for that and therefore refused either by himself or with them to appoint a new day neither did they appoint any till after arguing he was forced to confess that they had reason to stick unto their point howbeit he could not consent for want of commission and till that he plainly said unto them It is thought yee shall never have a gen Assembly again As for the charge of horning alledged to be executed against them no intimation thereof was made unto them either by the Commissioner nor by the puresefant nor any other nor knew they any such as they are ready all to depone upon their oath 2. Laureston gave them not occasion to conceive such a thing by his speech for he said Albeit he might have used a charge yet he would rather use the Counsels Letter of request 3. The pretended execution and indorsation bewrayeth the forgery bearing that it was an open proclamation warranted by two witnesses who are Laurestons domestick servants whereas sundry honest men at the alledged time were in and about the market-place and yet none other can be found who heard such a thing 4. Why caused Laureston charge them upon the second day personally when they were dissolving without any mention of a charge the day preceeding 5. Though the execution were true yet it can not import the punishment contained in the libell seing it was not according to the Act of Parliament of Iames. 6. Parl. 11. year 1587. which beares that no Letters importing the tinsell of life or movable goods should be of force unless they be executed between eicht a clok in the morning and twelve noon at before famous witnesses but the indorsation of the pretended execution beares that these were executed between seven eicht in the evening 6. When they were charged personally upon the second day they obey'd presently as the Instruments taken in the hands of two Notaries testify The truth is this charge could neither bring them into the guilt of contempt or call their proceedings in question because they had done all that they did at that time therefore that other charge was forged as given at the cross of Aberdien the day preceeding and as it was given unto the Counsell by Laureston
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
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
are reasonable godly so her Majesties heart and the States presently conveened may be inclined and persuaded to the performance thereof The next Session of that assembly was adiournied untill December 25. At that time was on the one hand so great jovialty about the Queens marriage with King Henry and on the other so great stur among the Nobility because the marriage and title of King was given without advise of the Parliament that in such business nothing could be done When the assembly conveen in December another supplication was sent by the Lord Lindsay and another Elder unto the Queen and the Counsell complaining that some had put violent hands on Ministers and petitioning that they may live without molestation of wicked men 2. Persons revolting from the profession of the gospell by offering their children to be baptised by priests or themselves receiving the Sacrament of the altar if they repent not after admonition should bee excommunicated 3. No Minister should confirm the marriage of another parishon without a sufficient testmoniall of the Minister of their own parishon that their bans have been proclamed and no impediment objected Under the pain of deprivation from his Ministry and other punishment as the Church shall enjoyn 4. The Superintendent of Fife gives a complaint against the Minister of Creill for going-on in proclaming the bans of some persons notwithstanding woman's claim The assemblie referres this complaint unto the another Rector of the University and a Regent to heare the Superintendent 's complaint or of any other and gives them power to give sentence according to Gods word and use the censures of the Church against the disobeiers 5. No Minister may with safe conscience leave his flock and place appointed for his ordinarie residence whatsoever patrociny or oversight hath been by corruption of times or negligence of rulers 6. In the question Whither known murderers convict adulterers and committers of such crimes may upon the notoriety of their fault be excommunicated for declaration that the Church abhorreth such impiety the Church may should purge herselfe of all such crimes Providing that the offender be lawfully called and convicted either by confession or witnesses And the order to call them for the slander Civill punishment wee remitt to the Civill Magistrate is whensoever such fearfull crimes are committed if it be in the countrie or land ward the Minister exhorter or Reader of the parishon or if ther be none the Minister next adiacent should shew the fact unto the Superintendent who without delay shall direct his summons charging the slanderd persons to compear before him But if it be done in a town where order is established the church-Session thereof shall call the offenders where if they compear and alledge just defence or shew themselves penitent vnfainedly then may the Superintendent or Reformed Church without the Superintendent dispense somwhat of the rigor of the censure Secluding the offender only from participation of the Sacrament untill further tryall of his repentance And that both their diligence and sentence shall be publickly declared in the churches where the offense is known But if the offender be stubborn as if he compear not or shew himselfe litle moved for his offence then should the Superintendent with the advice of the next reformed Church decern him or them to be secluded from all participation of communion with the faithfull members of Jesus Christ and to be given to Sathan for destruction of the flesh whose flaves by impiety committed and manifest inpenitence they declare themselves to bee And their sentence shall be published in all places where the offense is known 7. Whither baptism being administred by a Papist-priest or in the papisticall manner should be iterated When such children come to years of understanding they should be instructed in the doctrine of saluation the corruption of Papistry must be declared unto them which they must publickly renounce before they be admitted unto the Lords table If this they do the externall sign needeth not to be iterated seing no Papist baptizeth without water and the form of words which are the principall externalls wee ourselves were baptized by Papists whose corruptions and abuses now wee damn cleaving only to the simple ordinance of J. Christ and the verity of the H. Ghost which makes baptisme to work in us the proper effects thereof without iteration of the externall sign And if such children come never to the knowledge of the true doctrine they are to be left unto the judgement of God In these acts wee may see Superintendents had not the power of Bs. 2. Where they speak of a Reform Church it is to be understood of a Church wherein is a Church-counsell constituted of Minister Elders and Deacons seing at that time many Churches were not so well formed After this Assembly the Superintendents of Lothian and Fife and two Ministers went in name of the Assembly unto the King Queen shewing that in all their Supplications the Church had most earnestly desired that all idolatry and superstition especially the Masse should be quite rooted out of the realm And their answer was that they know no impediment in the Masse therefore the Assembly desireth that it may please their Highnesses to hear disputation to the end that these who pretend to preach in the Chappell Royall the Truth being tryed by disputation may be known to be deceivers providing that they submitt themselves to the word of God written in the Scriptures And next they did lament the miserable estate of poor Ministers To this it was answered by the Queen That shee was alwayes minded that Ministers stipends should be payd and whatsoever fault was therein came by some of their own sort But hereafter by advice of the Counsell such order shall be taken that none shall have cause to complain As for the first shee could not jeopard her Religion upon such as are here now for she knew well enough that the Protestants are more learned Upon the 28. day of January following was an Act of Counsell proclamed in name of the King Queen Ordaining that in time coming all small Benefices Parsonages Vicarages and others extending in yearly rentall to the sum of 300. pound or within as they shall happen to vaike shall be always disponed to such persons as the Superintendents and assembly after due examination shall find qualified And if any bishoprick or other prelacy as hath the patronage of such Benefices shall happen to vaâ—k as also of all that are presently vaking they shall retain in their hands the disposition of such small Benefices to the effect abovewritten And if any of them shall be ignorantly disponed otherwise by this same that disposiâ—ion is declared null that the keepers of the Seals should not admit them but repute them as privie writings purchased in defraud As also they give and grant unto all burghs and every one of them within themselves all the annualls of altarages chaplanries and obites for
J. Christ correction of manners and administration of the holy Sacraments and declares that there is no other face of Church nor other face of religion than is presently by the favor of God established within this realm and that there be no jurisdiction ecclesiasticall acknowledged than which is and shall be within the famin Church or which flowes there from concerning the premisses 3. All markets and faires were forbidden to be keept on the Sabboth-day or in any Church or churchyaird so all handy-work on the Sabboth-day all gaming playing passing to taverns and aile-houses and wilfull remaining from their parish-church in time of Sermon or prayers and a pecuniall mulct layd upon the transgressours respective to be payd for the use of the poor of the parish 4. An Act was made concerning these who send their children out of country 5. Every housholder having lands or goods worth 500. pounds was obliged to have a Bible which at that time was printed in folio and a Psalme book in his house for the better instruction of themselves and their families in the knowledge of God 6. In the table of Acts not printed is mention of a Commssion anent the Jurisdiction of the Kirk the last part thereof Observe 1. The Parliament in the year 1560. is acknowledged to have been a lawfull Parliament 2. We may see that the disciplin at that time in the Church was authorised and ordained to continue Moreover what was the estate of the Church at that time wee may learn from an Epistle of Andrew meluin unto The. Beza dated Nouember 13. An. 1579. Wee have not ceased these fyue years to fight against pseudepiscopacy many of the Nobility resisting us and to presse the severity of discipline wee have presented unto his Roiall Majesty and three Estates of the realm both before and now in this Parliament the form of discipline to be insert among the Acts and to be confirmed by pulick authority wee have the Kings minde bended toward us but many of the Peers against us for they alledge if pseudepiscopacy be taken away one of the Estates is pulled down if presbyteries be erected the Rojall Majesty is diminished if Church-goods be restored unto the lawfull use the Kings treasury is emptied Seing the B. with Abbots and Priors make up the third Estate and all jurisdiction both ecclesiasticall and politicall belongeth unto the King and his Counsell and things ecclesticall should by their Sentence be adjudged unto the Kings treasure That they do speak or think so the cause in many is ignorance in others a wicked life and evill manners and in many a desire to catch the goods of the Church which yet remain or fear of losing what they have taken and what shall I say of that they hold that the Sentence of excommunication is not lawfull untill the cause be known by the Kings Counsell for they knowing their own guiltiness are feared for the Sentence of the Presbytery not so much for fear of Gods judgement as for terror of the civill punishments which by our lawes and practise do follow lastly whill they have regard unto the wisdom of the flesh more than unto the reveeled word of God they wish that all things should be carried in the name and at the beck of a Bishop or one perpetuall overseer and would have nothing administred by the common sentence of the Presbytery The Lord in mercy sweep away these evills from his Church This epistle is in Vindic. Philadelph Pag. 41. Immediatly before this Parliament the Duke d'Obigny afterwards styled Earle of Lennox came into Scotland towit in the last week of Septemb. as Spotswood shewes in Histor Pag. 308. Now if we conferre that time with what is written in that page his splene may appeare against the truth for he makes the Duke's coming to be a cause of variance betwixt the King and the Church at the Assembly preceeding where no difference was appearing but afterwards some what followes Jelousies and emulations were in the winter following among the Noble men as the Earle of Athol Chancelor was envied and died and others fled out of the Country but no variance did as yet appeare betwixt the King and the Church-men XVII In Aprile 1580. a Proclamation was made in the Kings name 1580. ex deliberatione Dominorum Consilii charging all Superintendents and Comnissioners and Ministers serving at Kirks to note the names of all the subjects alsweel men as women suspected to be Papists or ...... And to admonish them ...... To give confession of their faith according to the Form approved by the Parliament and to submit unto the disciplin of the true Church within a reasonable space ...... And if they faile ...... That the Superintendent or Commissioners present a catalogue of their names unto the King and Lords of the Secret Counsell where they shall bee for the time between and the 15. day of July next to come to the end that the Acts of Parliament made against such persons may be executed The Assembly conveens at Dundy July 12. here was the Laird of Lundy Commissioner The 38. Assembly from the King Commissioners c. James Lowson is chosen Moderator 1. Some spake against the Privy Conference as if tyranny and usurpation might creep-in by it and liberty were taken from other members nevertheless after reasoning it was judged expedient to continue 2. John Craig one of the Kings Ministers delivereth this Letter from the King Trusty and welbeloved friends Wee greet you well Wee have directed toward you our trusty friend the Prior of Pettinweem and the Laird of Lundy instructed with Our power for assisting with their power and counsell in all things that they may tending to the glory of God and preservation of Vs and Our Estates desiring you heartily to accept them and Our good will committed to them for the present in good part so wee commend you to Gods blest protection From our palace of Falkland July 11. 1580. 3. Forsomuch as the Office of a Bishop as it is now used and commonly taken in this realm hath no sure warrant authority nor good ground out of the Scriptures of God but is brought in by folly and corruption of mens inventions to the great overthrow of the Church of God The wholl assembly in one voice after liberty given to ail men to reason in the matter and none opponing himselfe to defend the said pretended Office Finds and declares the same pretended Office used and termed as is above said Unlawfull in itselfe as having neither ground nor warrand within the Word of God And ordaines all such persons as use or shall use hereafter the said Office shal be charged to dimit simpliciter quite and leave-off the same as an Office whereunto they are not called by God And to desist and cease from all preaching ministration of the sacraments or using any way the office of Pastors untill they receive de novo admission from the Generall assembly Under the pain of
Robert to answer as is before and more followes So particular respects of men unto the Church-revenues were the cause of difference betwixt the King and the Assemblies 3. Wee see that notwitstanding that litle variance betwixt the King and the Assembly yet the the King deserteth not the Ministers but in the Parliament by his zeal to piety he procureth sundry Acts in favors of Ministers and against impiety and superstition and wickedness 4. Wee have heard a modifying of Ministers stipends which may seem very small but I have seen assignations unto paiment and there they were assigned to a chalder of barly for 20 pounds and to a chalder of oatâ—eall for 20 Marks whereby the stipends then may be compared with the stipends thereafter 5. It is plain now that what power was before given to Superintendents or Commissioners or Visitors is declared to appertain unto the Presbyteries and provinciall Synods and all power is taken from these Commissioners where a Presbytery was This was the estate of the Church when the Confession was ratified by the Assembly XVIIII The Assembly conveenes at Santandrews Aprile 24. year 1582. 1582. The 42. Assembly Androw meluin is chosen Moderator 1. Because many Papists come into the country notwitstanding diverse godly Acts and proclamations set forth by his Majesty The assembly hath voted and thought meet that a Supplication be sent to the Magistrates of burghs or sea-townes and Ports that they will give charge and commandement unto all Masters and owners of ships within their bounds to receive no Papists within their vessels to transport them into the country Or if any be received to present their names immediatly after their arrivall unto the saids Magistrats and Church of these parts that order may be taken with them Under such paines as they shall devise As they will shew themselves zealous of Gods glory aod promoters of the word of his Sone Jesus Christ 2. The assembly understanding that certain Papists in Camphier not only trouble the Scots congregation there but likewise the Fleemines and will not submit themselves to the censure of the Church because of an alledged prividedge In one voice gives their full power unto the Minister of Camphier to proceed against them as the assembly might do Requesting also the Conservator to joyn with the Church in taking order against them 3. Mark Ker Lord of requests presenteth from the King a Articles propounded by the King Letter unto the assembly containing these articles 1. Whither all Benefices under Prelacies should pay any third or not 2. If some should what shall be the difference 4. Should not all Benefices presented unto Ministers before Novemb. 1. 1581. be allowed in their years stipend from the same day untill Novemb. 1. 1582. Or if there be any difference in respect of the Annates that yee declare it 4. Should all persons presented and admitted to Benefices in this time be placed in the book of modification as Ministers of the churches belonging to these Benefices 5. Should such being Ministers as have sufficient ecclesiasticall livings by reason of their Benefices serve at other churches 6. Think yee it not convenient that the reports answering the Kings Letter sent over all the realm this last sommer should be seen and considered at this time for the better understanding the estate of the Church and to see how many reports are in your hand as so many which the Clerk-register hath shal be ready patent 7. that yee will let Us understand what yee have concluded of Readers in generall and specially these that are presented to Vicarages for life time 8. Think yee it reasonable that any who is provided unto a Benefice and serving as Minister at the only church belonging to that Benefice should have any more stipend but the rent of that Benefice 9. What think yee most reasonable to susteen the Colledge churches 10. To whom should the King or laick patrones direct their presentation for admitting qualified Ministers and that yee will name the persons in speciall 11. Seing the dearth of vittails makes great inequality of stipends some having victuall allowed for a marke or 20. Sh. and others having silver assigned unto them are constrained to buy at five or sixe or seven marks the bole were it not equitable that all Ministers had their proportionable part of victuall and money or that the victuall should be sold or allowed at the highest prices and so these who have smallest stipends may be the better augmented Answers unto these The 1 2. before they be specially answered Answers it is meet that there bee a form of assignation made by some to be appointed thereunto before the next Assembly Unto all Ministers and churches that are likely to stand respecting the answers advice sent out from every country and as if the present possessors were dead and that charge be directed unto these who have not their answers to send them with expedition 3. The Intrant to any Benefice entring at November 1. after his admission shall serve the cure and shall have no more stipend at the next Whitsonday but the superplus as it falleth because his exequitors will receive al 's much at his decease according to the antient order of the Annates And that diligence be used to have Bagismond's Role of all Benefices and taxts and what Benefices are not taxed the rents thereof are the first year to be equally between the exequitors of the defunct and the Intrant who shall have only the half fruits of the year of his entring and so of the stipends 4. We think none should be placed in the books of modification but qualifyed persons and if any be presented to Benefices since the Kings coronation that are unworthy or unable to discharge duty that they be called and deprived by such order as shall be condescended upon 5. For the generall Minister s that have sufficient Benefices whereunto they are provided for life time should not have stipends to serve at other churches unless great necessity be seen and allowed by the gen assembly and order shall be taken to reform these as appertaineth 6. We think this is agreable to that which is appointed in answer unto the first 2. articles 7. This shal be specially answered how soon it can be advised by this assembly 8. Upon the sight of the particular assignation to be made speciall answer shal be made with the answer unto the first two 9. We can not but think it reasonable that Ministers of Colledge-churches should be sustained as they of other churches and if not of the fruits of the same church yet he should have assignation other where 10. The presentations are to be directed to the Commissioners of the Church within the bounds where the Benefice lyeth 11. This matter is weighty and can not be well answered without advice it shal be propounded and resolute answer thereafter shal be given 4. As the admission and examination of Ministers is
command from the King and his Counsellors to entertain Mongomery and untill he were countermanded by his Majesty he will not remove him The Church having considered his answer ordaines the brethren of the Ministry who shall go in commission to Perth as they see occasion there and the grief not remedied concerning his entertaining the said Robert To proceed and appoint speciall men that shall proceed further against him with the censures of the Church according to the Acts of the Gen. assembly To whom the Church gives their full power to that effect As also the Assembly gives their commission to John Erskin of Dun the Ministers of the Kings house Ro. Pont Ja. Lowson Tho. Smeton An. Hay Da. Lindsay An. Polvart Peter Blackburn Pa. Galloway Wi. Crysteson Da. Ferguson Ia. Meluin Th. Buchanan Io. Brand Pa. Gilespy Io. Porterfield Ministers and And. Melvin To repair toward the King and Counsell to be conveened at Perth July 6. and there with all reverence due obedience and submission to present unto his Majesty and Nobility the speciall grievances of the Church conceived and given to them in write and in their names to lament and regrate the same Craving in the name and fear of the Eternall God them and every one of them to be repaired and redressed To the glory of God and welfare of his Majesty and confort of his Church And if need be with humility to conferre thereupon inform and reason And what herein shall be done to report unto the next assembly Promising to hold firm and stable what soever their brethren in the premisses shall judge righteously to be done In Sess 7. A Supplication unto the K. against his absolute power is the tenor of the grievances thus Unto your Majesty humbly mean and shew your Gr s faitfull obedient subiects the Ministers of Gods word within your Ma s realm conveened in the Generall assembly at Edinburgh Juny 17. that where as upon diverse great evident dangers appearing to the wholl Church of God and professors of his true religion in this countrey finding the authority of the Church abrogate her censures contemned and violence used against some of our brethren without punishment thereof the like hath never been seen in this realm nor in any place where the truth hath been taught and received And fearing lest your Majesty for want of information neglect in time to provide remedy for the inconvenients likely to ensue thereupon We have conveened ourselves in the fear of God and your Ma s obedience and after diligent consideration of this present estate of the Church and enormities falling forth in the same With common consent thought necessary by our Commissioners to present and open unto your Gr. certain our chief weighty griefs without hasty redress whereof the Church of God and true religion can no way stand continue in this your country 1. That your Majesty by advice of some counselers is caused to take upon your Gr. the spirituall power and authority which properly belongs unto Christ as the only King and Head of his Church the Ministery and execution thereof unto such as bear office in the ecclesiasticall Government So that in your Gr s person some men prease to erect a new Popedom as if your Majesty could not be full King and Head of this common wealth unless the Spirituall alswell as the temporall power should be put in your hand unless Christ be bereâ—t of his authority and the two jurisdictions confounded which God hath divided which tendeth directly to the wreck of all true religion as by the speciall heads following is manifest for 1. Benefices are given by absolute power to unworthy persons intruded into the Office of the Ministry without the Church's admission directly against the lawes of God and Acts of Parliament whereby church-livings come into profane mens hands and others that sell their souls and make shipwreck of conscience for pleasure of men and obtaining some worldly commodity 2. Elderships Synods and Generall assemblies are discharged by Letters of horning to proceed against manifest offenders and to use the disciplin of the Church censures according to Gods word 3. Jo. Dury by act of Counsell is suspended from preaching and banished from his flock 4. Excommunicat personsin contempt of God and his Church are entertained in chief Lords houses namely R. Mong is authorized and caused to preach and brought to your Ma s presence which is a sore wound to the consciences of them that love your Majesty and know your upbringing and an heavy scandall to all Nations professing the true religion 5. An Act or deliverance of the Counsell is made against the proceedings of the Ministry with a slanderous narrative suspending simpliciter and disannulling the excommunication justly and orderly pronounced against Robert Mongomery a rebellious and obstinate offender and troubler of the Church of God and open proclamations made according thereunto 6. Contempt of Ministers and beating John Howeson out of the judgement-seat where he was placed Moderator of the Presbytery the cruell and outragious handling of him carrying him to prison like a thief by the Provest and Bailives of Glasgow and their complices and after complaint made no order is taken therein but they are entertained as if that had been good service 7. Displacing the M. of Glasg out of his roome which without reproach he hath occupied these many years and convocation of the gentle men of the country that to effect 8. Violence used by one of your own guard to pull him out of the pulpit the day of the Communion in presence of the wholl congregation and in time of Sermon nor fault found therewith 9. The officer of the Church was cast into prison in your Gr s presence and there was keept a long time for execution of Letters against a particular scandalons man 10. Ministers Masters of Colledges and Scholares of Glasgow in time of publick fast were by letters of horning compelled to leave their flocks Schools destitute and afterwards from time to time and place to place have been delayd and continued thereby to consume them by exorbitant expences and to wreck the churches Schools where they should bear rule and charge 11. The scholars of Glasgow were invaded and their bloud cruelly shed by the Bailive and community gathered by sound of the common Bell and stroak of drum and by certain seditious men enflammed to have slain them all and to have burnt the Colledge and yet nothing done nor said to the authors of that sedition 12. Hands shaken with the bloody murderers and persecuters of the people of God by gifts received and given 13. The Duk 's Gr. often promised to reform his house and nothing is done there 4. The lawes made for maintaining true religion and punishing the enemies thereof are not put to execution So that all things go loose and worse like to ensue Many other things there be that crave present reformation where with wee think
asscribe or take upon them any part thereof in placing or displacing Ministers of Gods word in spirituall livings or offices without the Churches admission or in stopping the mouths of preachers or taking upon them the judgement and tryall of doctrin or of hindering or dis-annulling the censures of the Church or exeeming any offender there from 2. That the Presbyteries consisting of Pastors or Teachers and such as are commonly called Elders according to Gods word and now according to his Ma s direction appointed in diverse parts of this realm for disciplin and keeping order in ecclesiasticall affaires Be approved established by authority and paines prescribed against them that stubbornly oppose themselves 3. That the Synodall assemblies consisting of sundry Presbyteries and Nationall consisting of the wholl be approved and by vertue Act of Counsell presently and of Parliament hereafter have power to conveen so oft as occasion shall require to advise treat conclude and make ordinances in such things as concern the well of the Church and their charge in doctrin and disciplin with liberty to appoint times places for that effect 4. That Presbyteries and such as they will direct of their own number have the same power in designing manses gliebs and repairing of Churches as Bishops or Commissioners had before 5. That every Church have their severall Pastor to be sustained on the tyths of the parish where he serves and to that end the manses of churches that are annexed to great Benefices or prelacies be dissolved pensions given out of the tiths and tacks of the same set by the Collectors or possessors may be revoked c. Likewise a Supplication unto the King and Counsell was read for redress of many enormities 1. That the slanderous proclamation at Perth July 12. and published in all townes and parish-churches and to the perpetuall infamy of Gods servants is printed may be perused and diligently considered and triall be made whither any Minister be culpable of such odious crimes and if they be culpable that they be punished with all rigor of law And otherwise that the givers out of so blasphemous reports and devisers and diters of that infamous libell be punished accordingly And that by Act of Counsell and open proclamation the Ministry be declared innocent of such wicked and hainous crimes 2. That the unaccustomed violence used against Jo. Howeson drawing him out of the seat of the presbytery ...... And against David Weemes Minister be so punished that none be bold to attempt the like hereafter 3. That Colin Campbell Archbald and Wi. Heggets burgesses of Glasgow with their complices be punished according to justice for the uproar made by them against the Students and shedding their blood 4. that the proclamation lately made for the liberty of the Assemblies may be enlarged and more plainly cleared 5. That your Lp s will give his Majesty to understand how wicked instruments they are who persuaded his Gr. to allow and take upon himself all the mischiefs and ungodly proceedings whereby his Gr. and the Church Country were brought into such misery and danger 6. That all Acts of Counsell made against Presbyteries assemblies charging them to desist from proceeding in discipline and ecclesiasticall censures against scandalous persons be annulled and deleted and the Act made against J. Dury 7. That his Majesty and Lords will weigh what great inconvenients and absurdities fall out upon the Act of Counsell made concerning the absolute power and for removing them to delete that Act never to be remembred 8. That his Gr. and Lords provide carefully foresee that by wicked practise of dimission or association of authority the Church the Kings Majesty and country be not hurt and that the same be stayd in time 9. That the stipend appointed unto the Minister of Sterlin and now wickedly purchased by Ro. Mongomery to his young son be restored for sustentation of a qualified man to teach that flock which by his ungodly dealing and apostasy hath been destitute so long time 9. That it would please your Majesty and Lords to have compassion upon that Noble and godly man James Hamilton Earle of Arran somtyme a comfortable instrument in Reforming the Church of God and now visited by the hand of God and bereft under pretence of Law 10. That Commissioners be deputed in each part for visiting the Colledges The Assembly gives commission unto nyneteen Ministers with the Ministers of the Kings house to present this Supplication unto the Kâ—ng and the Estates now conveened at Halirud house or unto the Parliament when it shall be holden crave answer c. In the next Session these brethren report that the Lords crave the advice of the Church who should sit in their names to vote in Counsell and Parliament seing now they are about the taking order for a Counsell consisting of three Estates For better resolution in this particulare it was thought meet to enquire of the Lords what is their meaning in this proposition In the following session answer was returned that the meaning is Whither the Church will consent that some of the Bishops should for the Church be upon the Counsell The assembly resolves they can not agree that any shall vote in name of the Church but they who bear office in the Church and are authorized with commission thereunto Two Ministers are appointed to return this aâ—swer unto the Lords In this Convention of Estates nothing was done in the affaires of the Church they were all for securing themselves XX. On January 28. year 1583. the King withdrew himselfe from the 1583. Another change of Court Nobility that had separated the Duke and Arran from him and he went unto the Castle of Santandrews untill he sent for other Noble men to be of his Counsell and the entituled Earle of Arran was let out of Duplin and came unto the King whereupon in the end of that year followed great alteration The Generall assembly conveenes at Edinb April 24. Tho. The 45. Assembly Smeton is chosen Moderator I. Three Ministers were sent unto the King to humbly desire Commissioners for assisting the assembly in treating and concluding c. And seing his Majesty had sent Ambassadors into England that he would be pleased to endeavoure an union be made betwixt the two Kingdoms and other Christian Princes and Nations professing the true religion against the persecution of Papists and them that are confederat in that bloody League of Trent and also that her Majesty would disburden their Brethren of England from the yoke of ceremonies imposed upon them against the liberty contained in Gods word Likewise in Sess 5. others were ordained to supplicate his Majesty earnestly that the French Ambassador may be sent away because his travell is suspected to tend against religion and the Commonwell That a Jesuit Holt may be tryed and according to his offense punished That the Lord Seton's son may be accused for his Letters unto Jesuits That a brother of
Cambo refusing the censure of the Church violating the Ks Lawes and practizing against religion may be summoned according to the law That the Abbot of Holywood have no licence to depart out of the country And concerning D. Chalmers a Papist II. The Provest of Dundy and the Laird of Coluthy his Mas. commissioners crave that breethen may be authorized with commission to treat and conclude in such particulars as his Majesty hath to propound The assembly answereth They have found by experience â—ota that commission given to conclude hath done hurt unto the Church And where they are bidden not to medle with novelties they intend none III. Sundry references from Synods and presbyteries are discussed as one against the Bailives of Santandrews for a scandalous Letter published by them in presence of the congregation March 17 Another from Glasgow where Gawin graham and his complices were excommunicate and then upon repentance crave to be absolved they are remitted to their own presbytery after evidence of their repentance to be absolved c. The assembly conveenes at Edinburgh October 10. Robert pont is chosen The 46. Assembly Moderator I. The assembly is thinn Provinces are marked which have sent none and commissiones wherein all the commissioners come not that order may be consulted upon to correct them II. When an Act is concluded in the Generall assembly and no just cause interveenes to make a change of it it shall not be lawfull for any particular brother to call it into question in another Assembly III. The Commission for visiting the Colledges is renued II II. Because Commissioners are appointed and somtimes they depart before they have gotten their commission It is ordained that the Moderator receive from the Clerk the extract of every commission and send it timously unto the brethren IV. Ordaines every presbytety to call before them the Beneficed men within their own jurisdiction and take account how they have observed the Acts of the Assembly concerning the disposition of their church-livings and a just report to be made unto the next Assembly by the Moderator or their Commissioners as they will answer unto God and his Church And whereas some old possessors of taks pretend some particular reasons why the Church should consent It is ordained that such exceptions shall be first examined by the presbytery of that place and then returned unto the assembly that the suit may be decided according to equity V. The process led by the presbytery of Santand against Aleson Pierson with the process led by the same presbytery against Pa. Adamson and the process of the Synod of Fife justifying the accusation led against the said Patrik is exhibited and continued VI. In Sess 5. a supplication is read and allowed to be sent unto his Majesty as followes Sir the strict commission wee have received from the Eternall our God when in this your Ma s realm wee were made watch-men of his people and the fear full threatnings pronounced against these who neglect to execute faithfully every part of their weighty charge compell us presently to have recourse unto your Majesty perceiving things to fall forth to the great prejudice of Gods glory and no small appearance of utter wreck of this Church and Common well unless some remedy be hastily applied most humbly therefore beseeching your Majesty to weigh diligently and consider these few heads which with all reverence and observance wee do present looking for a gracious answer and speedy redress thereof 1. It is a great grief to the hearts of all them who fear God to see apostates sworn enemies to Christ to your Gr. and all your faithfull subjects forfeited for their treason some also suspected and heavily bruited for the murder of the most noble person your umquhile Father impugners of the truth by word and writ continuing still in their wickednes and unreconciled unto the Church To receive from your Majesty the Benefit of pacification to the prejudice of faithfull Ministers whom they labour violently by that means to dispossesse 2. That others from their youth nourished in the Church of God and thereafter fallen back fearfully and becom open runagates and blasphemers of the truth and maintainers of idolatry and of the man of sin lieutenant of Satan and oppressors of Gods people and nevertheless are received into Court authorized and so far countenanced that they are become familiar with your Majesty whereby besids the grief of your faithfull subjects many are brought to doubt what shall ensue upon such beginning 3. That an obstinat Papist sent into the Country to practize against God and quietness of your Gr. estate and therefore as worthy of death was imprisoned at your Ms command with promise that he shall not escape punishment yet as wee understand was by indirect means let depart and no tryall made to find out the author of his delivery 4. That your Majesty seemes to have too much liking of the enemies of God alswell in France as some within this realm who have never given testimony of any good meaning either in religion or your Majesties service besides the irreligious life and dissolute behaviour of them which in your Ma s service have succeeded to men that were known zealous in Gods cause and faithfull to your Gr. from your tender age 5. Since your Majesty took the Government in your own hand many promises have been made to take order for preserving the Church of God and continuance thereof unto posterity yet after long and continuall suit nothing is performed but in place of redress the Church is dayly bereft of her liberties priviledges 6. The thirds are set in tacks for sums of money in defraud of the Church so that Ministers hereafter cannot be provided 7. Abbecies are disponed without any provision made for the Ministers serving at the churches annexed thereunto directly against the Act of Parliam 8. Church-livings are given to children and translated into temporall Lordships 9. There is no punishment for incest witchcraft murder abominable oathes and other horrible crimes so that sin encreases dayly and provokes the wrath of God against the wholl country 10. Oftyms your Majesty interpones your authority by Letters of horning to stop the execution of the Acts made in the Gen. assembly in matters belonging properly unto the Church and no way concerning the Civill estate 11. There is a sore murmur among your Majesty lieges and a lamentable complaint that the Lawes of the Country have no place and none can be sure of his life lands nor goods These things threaten a misâ—rable confusion and the heavy hand of God to ensue Lastly wee most humbly beseech your Majesty to suffer us lament this great division among your Nobility and subjects the one part seeking by all means possible for their interess to persuad your Majesty to undo the other whereby continuall strife malice and rancor is fostered to the great danger of your Ma s person Whom God preserve unto his Church
otherwise provided be discharged 3. That Judges may be appointed iâ— all Shyres for executing the Acts of Parliament made against the breakers of the Sabbath adulterers and such open transgressors of the Lawes 4. That in chief Burrowes there be teaching ordinarily four times in the week and seing moreover the disciplin visitation of the sick and other business are ordinary to Pastors therefore let two Ministers be appointed unto such Townes 5. That order be taken how Colledge-churches may be served 6. That order may be taken for Manse and gleebs unto Ministers making residence at Abbey-churches as also that such as have or shall have Manse and gleeb may have necessaries theâ—eunto to wit fuell pasturage feall and devat as was of old 7. That all gifts of Benefices having the cure of souls and have been disponed by your Ma pleno jure and not qualified persons presented unto them with ordinary tryall and Collation following thereupon May be declared null according to the Lawes already made and that your Ma. would give now presentations unto qualified persons and the nullity of the former gift be discussed alswell by way of exception as of action 8. That all presentations or gifts of Benefices of cure less than prelacies disponed alsweell by your Majesty as by laick parrons not allowable by the municipall law of the realm and form observed in the Reformed Church here since your Mas coronation may be annulled and new presentations granted as in the former 9. That all Collations granted by men having no Commission nor ecclesiasticall function in the Church nor in that place country at â—he time of giving the Collation Be declared null and the fruits be sequestred at the least untill the person claming right by that Collation be a new examined and admitted if he be found worthy by them who shall be appointed for that effect and authorized by this present assembly 10. That the Benefices of cure under prelacies whereunto Ministers are admitted may be free from payment of first fruits and fifty penny and may have their signatures of presentation exped by the Privy Seal on your Ma s own subscription only and the Secretarie's without any paiment or cautioner made to the Treasuter and these poor men which have already payd or found caution for payment whereof the Treasuter hath not already charged himselfe in his accounpts may have the same refounded or discharged 11. Seing the fault of not depriving unworthy culpable and no-resident Ministers proceeds from that sundry of the Bishops have been negligent and in some other parts there was no Bishop nor Commissioner and so the Acts are not execut therefore a Commission be given to some qualified persons Ministers to sit in Edinburgh and call the Nonresidents and others worthy of deprivation and deprive them So that there may be consultation of learned men and the process may be led without fear or boast 12. It is heavily complained by many poor Ministers having parsonages and vicarages assigned unto them that they are exorbitantly used in taxations albeit their Benefices be long since decaied by the want of corps presents up most cloathes pasch-fines offerings and such things usually payd in time of Papistry which was the greatest part of these Benefices and yet they must pay the extremity of the old taxation and the most part of the Prelacies are exeemed from preaching or Service in the Church and have relieff off the fuars and vasalls that therefore there may be some more equitable order of taxation appointed in time coming 13. That it will please his Majesty to cause consider what prelacies have vaiked since the Act of Parliament made in Octob. 1581. and that speciall assignation be made for sustaining Ministers of the churches belonging to them out of the readiest fruits of these churches or the provision to be declared null according to the Act. 14. That the Bishops or Commissioners of Argyle and the â—sles may be tied to attend on the Generall assemblies and to keep theyr Exercise and Synodall assemblies as in other parts which shall be a furtherance unto your Mr s obedience seing otherwise they seem as exeemed out of your Dominion 15 That your Ma. will give direction unto some persons of experience and good will to search enquire try the true estate of the rentalls of all prelacies and other Benefices at this present and in whose fault or by what occasion they are so hurt and dismembred and thereafter the best remedies may be considered and provided to help them for the good alswell of the King as of the Church 16. That your Majesty will cause the Lords of Session declare whither your Majesty or the Earle of Orknay have right to the patronages of the Benefices of Orknay and Yetland to the end thal titles of Benefices conferred to Ministers be not ever in danger of annulling upon uncertanty of the right of the patronage 17. That no persons or stipends be put in the books of modification but only such as the Commissioners of the Church shall declare to be qualified and resident at their churches 18. That vicarages pensions and salaries when they vaik after the decease or deprivation of the present possessor may accrease and be joyned to the principall Benefice and be assigned to the Minister in his stipend 19. That all Readers heretofore provided to vicarages or stipends may still possess the same untill their decease or deprivation and none to be admitted to the title of any Benefice of cure or stipend in the book of modification in time coming but qualified Ministers 20. That the wholl rents of the Benefices of cure under prelacies that are disponed since your Ma s coronaâ—ion may be assigned wholly and allowed unto them in their stipends 21. That the judgement of all causes concerning the deprivation of Ministers from their Benefice in the second instance shall come by way of appellation unto the Generall assembly and there take finall end and not before the Lords of Session by way of reducing X. In Sess 18. the brethren directed unto the King with certain Articles craving publick resolution report his Ma s answer that in all the Heads he found litle difficulty and hath agreed unto them I. That there be a Generall Assembly once every year and ofter pro re nata II. Concerning Provinciall Synods The power of Provinciall Assemblies 1. these are constitut for weighty matters necessary to be treated by mutuall consent and assistance of Brethren within the Province as need requires 2. This Assembly hath power to handle order and redress all thâ—ngs done amisse or omitted in the particular assemblies 3. It hath power to depose the office-bearers of that Province for just and good causes deserving deprivation His Majesty agreed not to this but in this manner of addition Except Bishops and Commissioners 4. And generally these Assemblies have the wholl power of the particular Elderships or presbyteries whereof they are collected III. Concerning Presbyteries
nevertheless not only did the Ass approve it but the K. also in his fifth article calleth them the excommunicate Lords and albeit the L. Hume was at the same time excommunicated yet when he came into the Ass he named not that exception whereupon he might have had such benefite as the Earle of Anguse had found in the Assembly of the year 1590 he was guilty of the objected crime and yet the Sentence was declared to be null because of informality But an enemy is ever objecting whither true or false What he hath of the Assembly slighting the business of John Ross and An. Hunter is clear by what is above In the Parliament following in Iuny the excommunicated Lords were forfeited and Lawes were made against all willing hearers of Masse against all that are or shal be excommunicated by the Church After the Parliament because Both well had failed of his attempts by himself he joyned with the Lords in the North whereupon followed more troubles yet so that the rebells were fain to leave the Country before February XXXII The Assembly conveened at Montros Juny 24. James 1595. The 57. Assembly Nicolson was chosen Moderator I. The Assembly declares themselves Judges of marriages what are lawfull and what are unlawfull in so far as concerneth the spirituall part thereof In Sess 9. they declare two sorts unlawfull 1. When a person marryeth another whom he had before polluted by adultery 2. If the innocent person is content to remain with the nocent and the guilty or adulterer will take another Likewise marriages made by priests or by them who had served in the Ministry and are deposed from the function or by a private person such marriages are unlawfull II. All presbyteries are ordained to proceed against Papists within their bounds and against all their receipters or entertainers Under pain of deposition of the Minister in whose default the disciplin of the Church shall not be executed And the same disciplin to be used against all that have intercommoning intelligence or familarity with excommunicates III. Because many professing the truth of the Gospell do abstain for many years from participation of the Lords table under pretence of â—eud thereby declaring how litle they esteem that great benefite and in very deed cut off themselves from the communion of the Church Therefore ordinance is given unto all presbyteries to charge all such persons within their boundes to do as it becomes the members of Christ And if any person throgh infirmity or weakness of conscience shall refuse the Presbytery shall by information bring them into duty granting them some competent time to resolve themselves and if they continue obstinat to proceed against them to the sentence of excommunication IV. Sundry Sessions were taken up wiâ—h advising upon a way and meanes of a constant Plat for setling of Ministers stipends or assignations which were wont to be changed yearly V. Sir Iames Chissholm in humility confesses his offences namely his apostasy from the religion for which he was excommunicated he craves mercy from God he declares that now he renounceth Antichrist with all his errors and resolves by the grace of God to continue in the true religion and he craves to be received into the bosom of the Church again The Assembly appointes some to deal with him by conference and others to draw up the form of his satisfaction In Sess 9. he was received and the Sentence of his absolution was pronounced by the Moderator VI. Some articles of inquisition concerning the dilapidation of Benefices are prescribed unto Presbyteries VII The Kings Commissioners give the articles following to be read and answered 1. His Ma. craves that an Act be made ordaining that whosoever shall practize any treasonable enterprice or conspiracy against his Ma s person or estate being found and declared culpable by the Law shall also for that incurre the Sentence of excommunication That thereby an inseparable union may be betwixt the two swords 2. that an order be taken in excommunication specially in three points first that it be not at the appetite of two or three persons but by a convenient number of the Church gravely assembled secondly that it be not for civill causes or small faults specially for any Minister's particular interest lest it be thought they imitate the Pope's curse and so incurr the like contempt thirdly the form of summary excommunication without any citation to be abolished 3. Because Mr Craig is waiting in sicknes what hour it shall please God to call him and is altogether unable to serve any more and his Maj. intends to place J. Duncanson with the Prince and so hath no Minister but Pa. Galloway therefore craves an ordinance granting two Ministers whom he shall chuse The humble answers 1. The Assembly grantes the first Legitima cognittone Ecclesiastica praeeunte 2. Concerning the first particular of the second the Assembly agrees and the other two importing great weight and requiring deliberation the Assembly thinks meet to conclude nothing therein untill the next Assemb when by Gods grace these shall be determined and in the mean while ordaineth that none in the Ministry proceed to excommunicate without citation nisi periclitetur Ecclesia 3. It is agreed that his Maj. shall have his choise of godly and learned Ministers and to this effect ten Ministers or any sixe of them are directed to advise with his Maj. in his choise VIII In favor of the exequitours of Ministers it is ordained If a Minister dy after September 29. quia fruges sunt separaâ—ae à solo his exequitors shall have all that years stipend or rent and the half of the next IX Because there is great cause of humiliation before God whose anger is visible on this Land and is litle regarded by the most part therefore the Assembly indictes a generall fast and humiliation to be observed universally in all churches upon the first two sundayes of August next and the causes thereof to be gravely declared according to the grounds they see and conceive X. It is ordained that Presbyteries take order within their own boundes for visitation of Grammer Schools and reformation of them as occasion shall require And certain brethren are ordained to visite Colledges to examine the life and doctrine of the Masters the discipline and order there and where they find any abuse to reform it so far as they can and to report both what they shall do and what abuse they can not reform That year was quietness in the countrey excepting great troubles betwixt the Maxwells and Johnstons in the South and the like in the Hielands and by windy harvest followed great scarcety and dearth XXXIII The King knowing that the Gen. Assembly was to conveen 1596. in March sent for Robert Bruce one of the Ministers of Edinburgh and as B. Spotsword hath it hoping that by the sway he carried in these meetings some proposition that tended to the reclaiming of the exiled Lords should be made by the
Assembly shewed how much it concerned his estate to have them called home that the Queen of England was grown old and if any after her death shall withstand his Title he would have need of his subjects assistance and that having many Nobles exiled he might be less respected of strangers and be a great deal weaker at home If therefore he could wonne them to confesse their offence so embrace the true religion without which they shall never get any favor from him he believed the course would not be dis-allowed by wise men and these that loved him and he desireth to know his judgement for as yet he had not shewed his mind in that matter unto any person M. Bruce answered he thought well of the reasons and that it were not amisse to bring home Anguse and Arroll if they will conform themselves to religion but Huntly could not be pardoned because he was so hated of the subjects The King reasoneth in the contrary If Huntly be will perform what may be required of him he saw no reason why he should not be received alswell as the other two and as he could not but know that his care of that man was great seing he had married his Cousine whom be accounted his own daughter so was he the man of greatest power and one that could be most usefull unto him therefore he willeth that Robert think of that matter and after a day or two give him his advice I have not found this communication in any other but for the next day that a Minister could speak so sawcily unto his Soverain it is the more unlikly that it comes from the penn of the adversary both of his person and of the discipline of which he was so zealous This yeare was remarkable for two things great The originall of variance twixt the King Church dearth and the beginning of the division betwixt the King and the Church The scarcety and dearth presently fee lt and the feare of enterprices by the Papist Lords was apprehended by the assembly as tokens of Gods wrath and therefore they took such course as followes The King was not pleased with the course and therefore he would have a change of that discipline The Assembly conveenes at Edinburgh March 22. year 1576. Robert Pont is chosen Moderator I. In Sess 4. the King is present and the Moderator declares unto him the two heads of which they had The 58. Assembly been treating and how they had proceeded to wit first the substantiall wayes and means how to resist the enemy This was recited by the Lord Kinloss in name of that number of Noble and Gentle men which were deputed to consult thereupon The other was the purging of the Church from enormities Because the first was not as yet throughly weighed the Assembly thought expedient that the deputed Barons should further advise of it in the afternoon and report their advice unto the Assembly in writ The King answereth Albeit there was no great cause to fear any such invasion at that time yet they shall do well to give their advice as if the danger were at hand and it might serve when necessity shall require And he propoundeth a lamentable disorder and inconvenient by the yearly alteration of Ministers assignations by the Plat and he is desirous of a more constant course In Sess 5. The Barons give their Overtures for resisting the enemies of Religion and Countrey both forrein and intestine 1. All which have appeared in action with the forfeited rebells and all their known favorers may be charged to enter in ward and continue there untill they shall finde sufficient caution that they shall not medle nor entertain intelligence with these rebells nor any other enemies of the realm or religion nor shall joyn with them nor give them any assistance if they repair into the Countrey and that they give their eldest sones or nearest friends as pledges of their sure observance 2 That all the revenues of the rebells be taken up exactly by his Ma s officers and be employd for the entertaining of souldiers for defence against the enemies and for other charges necessary unto the advancement of the good Cause As an effectuall means to encourage them all who are affection at unto the good cause and to procure their heartly concurrence to their uttermost 3. That there be chosen in every parish by his Ma s authority and vote of the Session and chiefmen of every parish Captaines who are known to be most meet and of best affection to conveen all the parishonars monthly in musters and to see that they be sufficiently armed according to their ability and trained up in the exercise of their arms And that there be chosen Generall Commanders in Shyres and severall quarters of the Country to conveen in arms at all occasions needfull 3. That a substantious order be provided for bringing home a sufficient number of weapons and that the same may be bought and received from the merchants with all expedition 4. That all the cautioners which are bond for the good behavior of these rebells without the Countrey be charged before the Counsell and convicted in the penalties contained in the acts of cautionry and that these penalties be employd upon the relieff of burdens necessary for the wee ll of the Cause II. It was consulted betwixt the assembly and the Counsell of Edinburgh for division of the town into moe parishes and of dividing the great church into two and of building moe churches III. Because Nidsdeall Annandeall Galloway are destitut of Ministers the Kings Commissioners propound that the Assembly would appoint some qualified men for the Ministry there as the King will provide for their living and indemnity IV. Concerning The Assembly searches into the vices of the Lande first in the Ministry the defection in the Ministry the advice of some deputes and their overtures were read and the Ministers consenting thereunto they were concluded and because by Gods grace they intend a Reformation and to see the Church and first the Ministry purged therefore and that the work may have the better success they judge it necessary that this Assembly be humbled for the want of such caire as it became them in these points that are named or marked and that some zealous brother lay them out in a Sermon for the better humiliation and that all make solemn promise before tbe Majesty of God and renew their Covenant with him for a more diligent and reverent discharge of their Ministry To this effect John Davidson was chosen and thuysday next in the morning appointed in the new church for that effect whereunto all Ministers that are present in the town shall resort and the manner to be resolved to morrow in the Privy Conference The tenor of the advice concerning the corruptions in the Ministry and remedies thereof followes 1. Because by too suddain admission and slight tryall of Intrants it comes that many scandalls fall out in
when they shall arrive As appeares their intention is by their preparation force and armour and leagues of friendship which they are dayly binding up 2. Many Jesuites and excommunicat Papists are keept within the Country detaining such as they have perverted in their errors and seducing others into the same corruption and holding them in hope of the Papist Lords with assistance of strangers such are Robert Abercromy Alex. Macquhirry the Abbot of New-abbay John Gordon of Newton Pat. Con Alexander Lesly of Piell young Bonitoun Alexander Ramsay and many others 3. In many places people are altogether ignorant of their salvation and that for want of Pastors and maintenance nor know they their duty unto God or their King and so the Land is overflowed with atheism and all kind of vice There be 400 Paris-churches destitute of the Ministry of the word besids the Churches of Argile and the Isles 4. It is universally lamented by his Majesties subjects that by delaying perverting and eluding of justice murders oppression incests adulteries and all kind of hainous crimes abound 5. It is heavily lamented that the Ministers who have obtained some small provision by assignation in An. 1595. are frustrated by the Lords of Session refusing to decide the suspensions according to the Act of February 1587 year The overtures for remedy were adioyned as they are related before in Sess 5. IX In Sess 10. John Preston and Edward Bruce Commendator of Kinloss Commissioners from his Ma. do give-in these articles or instructions 1. Yee shall shew unto the Assembly our good will to have al the Churches of Scotland planted with Ministers and sufficient livings to the great hurt of our own revenue and that portion of the thirds which was assigned to our house and our Counptrollars in possession thereof but finding that all the thirds is not sufficient to plant all the Churches nor is it commodious for Ministers to serve in one place and have their livings in another far distant from their cure Therefore we have thought good to set forward an order for locall stipends founded on this ground that all the churches of Scotland shall have Ministers and all Ministers shall have stipends within their own parishon of such value as by our authority on the one part and by concurrance and procurement of the Church on the other may be obtained from the tacks-men of tyths and present possessors of them for which effect wee have caused an Act of Parliament to be made in the year 1592. granting Commission to certain Noble men Counsellers Officers and Ministers on the one and other parts To treat of and prosecute this matter and also have given command particularly to certain of our Lords of Checker to help by their advice and labors to bring this matter unto some perfection wherein as wee understand some thing is done as part of the brethren can testify As wee continuing in our good mind to have in our time the Church setled with livings and not entangled yearly with process and to have all our churches planted within the realm By these presents offer and promitt unto the Assembly to cause our Commissioners Counsellers and Officers to conveen presently before the expiring of this Assembly with the saids Commissioners from the Church to begin this good purpose and to lay the ground and to set down the order time and place of conveening to prosecute the same unto the end conform to the Act of Parliament So that if any stay shall bee it shall be on the Church's part as oft before and not on our part 2. Yee shall shew them that it is a stay of this good work that by some of their preachings the people are made to understand that wee and our Counsell would stay the planting of churches and take away the livings possessed by Ministers albeit the contrary is true that wee and our Counsell are most willing that the churches be wholly planted and the provision of Ministers be augmented so far as lawfully may be obtained with consent of our Nobility and other tacks-men of tyths whose rights without order of law wee can not empare and therefore this form of preaching discourageth our good Counsellers most willing of the work and is an heavy slander upon the Ministers wherein yee shall crave order be taken and the like be not done in time coming 3. Yee shall desire those your instructioes in our name to be registred in the books of the Assembly as a perpetuall testimony of our good will and also that answers be given particularly by a generall vote of the wholl Ass and no way to be referred to a privat Conference and the answers so voted to each particulare head to be registred in like manner and the extract of all these articles and the answers to be delivered unto you and to be reported unto us Sic subscribitur James R. In Sess 13. with the above named overtures these petitions were sent unto the King 1. That his Maj. would prosecute his good purpose and intention declared concerning the planting of all the churches with qualified Ministers and sufficient provisions for their entertainment And for that effect that he would give commission to the Visitors named by the Asseâ—bly to take inquisition of all churches within the boundes of their visitation and to deal in his Majesties name with the tacks-men possessors of the tiths for sufficient provision unto the Ministers out of the every parish and to report their diligence unto his Majesties Commissioners appointed for the work of the Plat and to provide for the charges of the Visitors in that journy 2. That his Majesty would be pleased to take order substantiously by advice of his Counsell and Estates how the Principall Judgement-seats and other inferior Judicatories may be purged of unqualified and corrupt persons and filled with others meet to discharge that Calling faithfully for the comfort of his Majesties peaceable and well disposed subjects 3. That his Majesty would command and ordain the Lords of Session to administrat justice unto the Ministers who have obtained a small augmentation of their stipends or new provision by the Modefiers in the year 1595. and according to the Act of Febru in the year 1587. as they are bound by their solem oath and promise Seing the extraordinary dearth urgeth them with so great necessity that unless his Maj. have consideration of their estate they and their families are driven to extream poverty and want X. Articles propounded by the Commissioners of the constant Plat to be advised by the Assembly and passed in Acts 1. It is thought requisit that the Assembly would ordain that the Moderators of each Presbytery should give presentations jure devoluto of all Benefices of cure belonging to Laick patrons that have not presented qualified persons within sixe months after the decease of the last possessor and also of these Benefices which heerafter shall vaik if these patrons neglect to present within sixe months Under the pain
disposed friends to provide sufficient stipends unto his churches 10. That he shall acknowledge his faults for which he was justly excommunicat especially his apostasy and the burning of Dunibr 11. That he shall have an ord Minister continually resident in his family With power to them to conveen March 22. instant or sooner if they can and to confer with Huntly and to resolve in the articles named and to report his resolution at the next Gen. Assembly to be holden at Dundy May 10. next III. Upon petitions presented in names of the Earls of Anguse and Arroll the Ministers of Murray and Aberdien are ordained to confer likewise with Arroll and the Ministers of Anguse Merns are ordained to confer with the Earle of Anguse Upon the same articles excepting these concerning the slaughter of Murray and to report their resolutions as said is And these commissions to be extended unto the Lairds of Bonitoun and Newtoun if they offer themselves to satisfy the Church And if these excommunicat persons or any of them shall resort to any other place within the realm the assembly gives full power and commission to the Ministers of the Presbytery where they shall happen to resort to travell and confer with them in the above written articles IV. Articles sent unto the King by the Ministry are 1. It is humbly craved that your Majesty with advice of the Estates presently conveened considering how it hath pleased God to give good success to this present convention and that all things here concluded tend to the peace and quietness of the whole estates within this Country and the disappointing of the expectation of the adversaries Would publish by open proclamation the good successe of this present convention Together with the declaration of your Ma s intention uttered by your selfe at this time in presence of your Estates Declaring your good will to maintain the true religion presently professed within your Country with the disciplin adjoyned thereunto and the Ministers to whom the charge of the same is committed And to declare that your Majesties will is that whatsoever law Act or proclamation hath been made prejudiciall to the same shall be esteemed contrary to your Majesties meaning and to have no force nor effect in any time hereafter And that none of your subjects pretend under color thereof to molest or trouble any of the saids Ministers but that they be under your Majesties protection And that you will esteem the controveeners as troublers of your estaâ—e and punish them accordingly 2. That all Papists Jesuits and excommunicates remaining within the Countrey be charged to passe out of it before May 1. next or to satisfy the Church and if they obey not before that day that Sherifs Provests and Bailives be commanded to apprehend them within their bounds and present them unto your Ma. or Counsell to be punished according to lawes And if these be negligent in apprehending them that commssion be given to certain most zealous persons and willing to do the same 3. That it may please your Majesty according to your wonted clemency to relaxe presently the Ministers of Edinb from the horn and suffer them peaceably to remain within the Country as also to relieve and set at freedom the Gentle men Professors of Religion who now are under challenge seing your Majesty knowes that their love to Religion moved them to these things where with they are burdened 4. Seing Edinburgh hath that honor to be the chief Burgh of this country and the place where Religion since the beginning hath been most florishing and now are both destitute of their own Ministers and called from time to time before your Majesty which is no small grief to their hearts in respect your Majesty knowes that the greatest part of the Town are most willing to give your Majesty all obedience and to hazard life and substance for your Majesties standing That it may please your Majesty favorably to deal with them according to your accustomed gentleness that it may appeare your Majesty is more enclined to shew favor unto them who mean uprightly unto your Hieness than to Papists wee are moved to crave this that all your subjects may see a generall agreement 5. That it may please your Majesty seeing David Black hath obeyed the things were enjoyned unto him to give him lyberty to return to his flock and also John Welsh and John Howeson 6. Because many complaints of hurting mutilating Ministers are given in before us namely ...... We most humbly crave that your Majesty will take some substantiall order for punishing the offenders to the example of others 7. That provision be made for planting of Churches and that the augmentations and planting of new Churches ordained in the year 1595 be allowed Follow the answers The first is granted in substance the 2. is granted concerning the first part of the 3. the Ministers of Edinburg are ordained to be relaxed upon caution that they shall underly the law as for these Gentle men let them by mediation of friends be suiters for themselves As for the 4. his Majesty will no way trouble innocent men but only the guilty and mindeth to be at a point with them shortly Concerning the 6. a commission is ordained to call and punish the offenders And certain persons are appointed to take order alswell for planting churches as with the augmentations that are granted So it is written in the book B. Spotswood shewes that the advice of the deputed Ministers concerning the 13. articles was conceived by them otherwise as 1. They held it not expedient to make any law or Act of that matter lest a door be opened to turbulent spirits otherwise they did think it lawfull to his Majesty by himself or by his Commissioners to propound in a Gen. assembly what soever point his Majesty desired to be resolved in or to be reformed in specie externi ordinis seing substantia externae administrationis Eccelesiasticae est plenissime prodita insacris literis ...... For the. 2. Their advice was that that the Acts already made which are hurtfull to religion and prejudiciall to the liberty of the word should be discharged and no Act to be past hereafter concerning religion without advice consent of the Church As for matters of Estate mentioned in the article they craved a further explanation of that point He goeth on in the rest of them in that manner and he saith that the King held not these sufficient and a little after he saith Hereupon ensued a reasoning which keeped a long time and ended in good agreement and so the Ministers were dimitted to wit from the Counsell and assembling in the ordinary place they corrected their first answers in this sort to wit as it is written But how long time that reasoning did take up it may be understood that the assembly did conveen first in the church where the Kings Commissioners desired them to go unto the King and all the speaches on both sides
Huntly Erroll Anguse Hume Heres and the places of chief residence the town of Dumfrise and other places of the Nobility who are of great power 5. The hasty admission of Ministers before they be known to be of sufficient gifts and experience in these difficil times 6. The negligence of Ministers in advancing their knowledge by constant reading and meditation of the Scriptures and controversies of the time whereby they might be the more able to bring the consciences of their auditors to the obedience of the Gospell and convinâ—e the adversaries 7. The negligence of Ministers in not framing their conversation as patterns unto the people but conforming themselves excessively to the humors of men especially in their communications at table intemperance somtimes and in their light and prodigal vestures and of their families 8. The distraction of minds which is supposed to be among Ministers 9. The distraction of his Majesties minde against some of the Ministry 10. The advancing of men who are suspected in and known to be ill affected to religion unto honors Offices and credit in Court Counsell Session and other places of great importance 11. The desolation of the church of Edinburgh through want of Pastors 12. The continuall entertainment of the Lady Huntly Margarit wood and other professed and known Papists in his Maj s Court and company 13. The education of his Maj s children in the company of obstinat Papists 14. The negligent breeding of Noble mens children and the sending of them out of the countrey into places where Papistry is professed and that with tutors suspected in religion or not well confirmed in it 15. The impunity of Masters and owners of ships who bring into the Country Seminaries Jesuits with their coffers and books 16. The decay of schools for education of children especially in the country 17. That men who are challenged by the Presbyteries for their religion have continuall access to Court 18. The lately reconciled Papists are not prest to perform their Remedies promises The remedies of these evils are 1. A Generall humiliation is to be solemly keept in all churches on two sabboths of Juny next 2. The unplanted churches are to be recommended unto the K. whose authority only can accomplish that work 3. Nothing is more necessary then to have the houses and places above named wel provided with learned wise and godly Pastors and where the lack of provisions may hinder the present planting it is judged expedient in the mean whil that some Pastors be appointed to attend in these Noble men's families for 4. or 6. months alswel for finding out means of planting these places as for confirming and instructing the Noble men and their families The Presbyteries taking care to supply the absence of these Ministers from their particular flocks And severall Ministers were deputed to this effect 4. Petition is to be made unto his Majesty and Secret Counsell that who are known to deal with professed Papists more than the lawes do permit should be accounted as suspect in religion and not have the honor to be in his Majesties family Counsel nor Session 5. A supplication is to be made unto his Majesty and Counsell that all Papists men and women who are or shall be under censure for their religion be discharged from Court untill they have satisfied and bring from the Presbytery of the bounds a testimoniall of their obedience 6. For discovery of the adversaries of the true religion every Presbytery shall with all diligence write the names of all not communicants within their bounds and send them unto the Ministers of the Kings family being subscribed by the Moderator Clerk and the Minister of the parishon 7. The Presbteries where the lately reconciled Lords have their residence shall enquire whether they have performed the articles subscribed by them and urge them unto performance And if they refuse the Presbyteries shall certify the King's Ministers 8. Supplication is to be made unto the King and Counsell that when Noble men or others send their children out of the country their tutors be of known religion and be approved by testimoniall of the Presbytery and that their remaining abroad be in places where the true religion is professed or no restraint of it by the cruell Inquisition and that they shall not repair unto the exercise of the idolatrous religion And if their sons shall repair unto the countries where is restraint of religion the parents shall give caution that they shall not entertain them in that time And if their sons embrace another religion they shall not have honors nor Offices within the realâ— 9. Supplication is to be made unto the King and Counsell that Masters and owners of ships be inhibited to bring Jesuites Seminary-priests proclamed traitors ...... And to that effect that they set no passingers on land but at the common ports where they shall prâ—sent the passingers unto the Magistrates 10. It is expedient to entreat the King for removing his daughter from the Lady Liuinston an obstinat Papist The King promiseth to bring her into his own family before November 11. The King nominates Noble men and the Assembly appoints some Ministers to meet Juny 1. to advise upon Overtures for advancing the locall provision of stipends especially unto the unplanted churches 11. Ministers are appointed unto the houses of the King Queen and Prince 12. Some Ministers are designed unto some unplanted churches in Nidâ—deal and the assembly ordaines the Commissioners to recommend unto his Majesty the provision of these churches II. A woman being charged by the Presbytery of Couper to satisfy for her adultery which was proved against her had produced a decreet of adherence obtained before the Commissaries of Edinburgh ordaining her Husband to adhere unto her and by consequence acquiting heâ— of adultery This question being referred unto the assembly the Presbtery is ordained to put their own decreet to execution notwithstanding the other decreet III. It is represented by sundry Ministers that there be some errors in the vulgar Translation of the Bible and in the meeter of the Plalnâ—s as also that sundry of the common prayers are not convenient for these times The Assembly ordaines some brethren who are acquainted with the Originall languages to employ their studies in sundry parts of the vulgare Translation and to shew their diligence at the next assembly and ordaines Robert Pont to revise the Psalms in meeter As for the common prayers it is ordained that none be altered nor deleted but if any Minister wold have any prayer as more convenient unto the time it should be first presented and allowed by the assembly IV. The Assembly ordaines the Commissioners to transplant James Balfour Walter Balcanquall and William Watson from Edinburgh into other churches and to plant other qualified Ministers in Edinburgh The Commissioners of Edindurgh protest 1. that they are free of the burden of the transportation of their Ministers 2. That the transportation shall not prejudge them hereafter but
subjects the colder adversaries against them who intend any commotion For remedy it is thought good that his Ma. be informed hereof that by his care and providence so ungodly counsels and plots may be disappointed and that Ministers deal with their congregations auditors upon all occasions both publickly in their teaching and in their privat conferences with the Noble men and others of credit and power to persuade them of the Kings honest mind toward the established religion and the execution of justice and of his steadfast resolution to hazert his estate life and crown in the cause of the Gospell with the standing falling whereof he thinks his own standing and â—alling to be inseparably conjoyned And that they mark carefully the actions of all men specially of such as either for religion or execution of justice or the necessity of their own estate do grumble against the present government and are enclined unto novation And whom they shall find in any extraordinary kind of business bâ—sids their custom they should acquaint his Majesties Ministers thereof not ceasing in the mean while to bring them unto a quiet mind And for this effect in all their ordinary meetings as of Sessions presbyteries and synods there should be a privat and particular inquisition in this point if need shall require and his Majesty should be advertised with all expedition As also it is thought expedient that his Majesties Ministers should inform the Presbyteries of things occurring so far as the good of Religion shall require And that this advertisment should be extracted and sent with diligence unto every presbytery XVIII The next assembly is appointed to be at Aberdien the last tuysday of Iuly in the year 1604. In one copy I have found this modell following The order of proceeding in the Provinciall Synods 1. The seÌ„cing or sitting down 1. By the Moderator that last was in exhortation prayer and delivering the books of the Assembly with the Acts formed booked and subscribed by him and ordering by liet and votes the election of another Moderator 2. By the chosen Moderator in appointing the hours of meeting and other things concerning good order in censuring the absents from the preceeding Assembly and noting if all the members be present when the role of Ministers Elders and Commissioners is to be called II. things to be treated 1. The books of every Presbytery should be sighted whether the Presbyteries be duly keept in conveening exercizing having monthly common-heads and disputes visiting the Churches 2. Pastors in their office severally or together Severally it is to be enquired into their teaching at their own Churches and disciplin every one is to be enquired concerning the place of Scripture handled by them since the last Assembly and the administration of the communion and diligence in examination of young and old passing before in the points of Catechism and concerning their keeping the Session weekly and things done therein for which effect they should bring their books containing those and the names of baptized and married persons and of slanderous or scandalous persons 2. They should be examined in their manner of conversation whether it be not only without scandall but edificative 3. Concerning their provision by stipend or Benefice gleeb manse c. 2. If Ministers have questions or bils for resolution or furtherance in their office livings let them be answered If any bils or accusations against them be given by any let them be heard and so if by any of them 3. If any appellations references or summons be from Presbyteries let them be decided 4. If any references from the last generall Assembly or supplication unto the next Parliament or generall Assembly or any instructions thereunto 5. Concerning the people whether any scandalous persons and their repentance III. Conclusion absents are to be marked appointing time and place of the next Assembly thanksgiving It may be marked that this nomination of Voters in Parliament was not according to the cautions that were concluded in the Assembly of the year 1600. but they were lesse looked-upon afterwards when others were chosen who were not in this number As for Robert Bruce he saw that the other Ministers who had confessed their fault were not restored unto their places and therefore he would not make the publick confession as it was enioyned him for his refusing he was confined some years in the north and then to his own house of Kinnaird III. Aprile 3. year 1603. the King had a publick Speach in the great Some occurrents in Aun 1603. 1604. church of Edinburgh two dayes before he took journy unto England there he thanked God that both Church and kingdom were setled in that estate which he intended to change no way his subjects living in peace He promised again the same concerning the disciplin Aprile 5. unto the Commissioners of the Synod of Lothian meeting him above Hadintoun but he would not yeeld to release Andrew Melvin and John Davidson from their confinement nor grant Robert Bruce to re-enter into Edinburgh A little before Ormeston made supplication for John Davidson but the King said His hands were bound up by a promise unto the Commissioners of the generall Assembly Though the chief Watch-towers of the Church towit Edinbuâ—gh and Santandrews were spoiled of their faithfull watch-men yet the plotters of Episcopacy perceived that their course could not be easily advanced as they would unless the Church were deprived of their liberty to indict hold free generall Assemblies And because they were accountable unto those assemblies they endeavoured that no assembly should bee untill they had purchased power to over-rule them nor then but when they pleased This was perceived by the judicious Ministers who used means for preserving the liberty of the Church The Synod of Fife dealt with John hall to entreat that â—he assembly might conveen before the ensuing Parliament An. 1604. according to the custom in former times Afterwards he aâ—ported that he had written so unto the King but could not obtain it The presbytery of Edinburgh wrot unto Patrik Galloway then at Court for the same effect after sundry delaying answers he promised at last to return for that end but when he and the entitled Bishop of Ross returned they report in a full convention of Ministers directed from the Synods that the King said It is needless because nothing is to be handled in the next Parliament but the union of the two Kingdoms whereby the order and disciplin of the Church should be no way prejudged The Ministers alledged The Union can not be concluded without union of the Churches in government and form of worship and that the Voters in name of the Church were tied by cautions not to propound in Parliam or other Convention without express warrant and direction of the Assembly The new-named Bishops and other advancers of that course were not pleased with such answers and brake up the Conference as they were wont when they
were crossed When the time appointed by the last assembly was approaching the Lord Scoon brought from Court among other articles one for delaying the Assembly The commissioners of the Generall assembly sent their Missives unto the presbyteries in Juny and prorogated the assembly untill the first tuysday of July in the year 1605. or a â—horter diet upon new advertisment at his Majesties pleasure The presbyteries unwillng to offend the King acquiesce yet they ceased not to crave the hastning of the time because of urgent necessities as of iniquity abounding idolatry waxing Jesuits and Seminary-priests traficking through the countrey securely malefactors â—luding the inferior Judicatories by appellations to the generall assembly which they say will never bee The presbytery of Santandr resolved to keep the day that was appointed before because the warrant of keeping it was safer than the warrant of delaying and the rather that the intended Union was nothing hindered thereby So James Melvin William Erskin and William Murray were directed as their commissioners they presented their commission in the church of Aberdien upon the last tuysday of July about four a clock in the after-noon before two Ministers of the town the Minister at Nig the town-Commissary and two Notaries and other witnesses and made their protestation both by word and writ subscribed with their hands that they appear there for keeping the assembly and that it desert not so far as in them lieth and they protest that whatsoever detriment or prejudice befalleth the Church of Scotland by neglecting the Assem it be not imputed unto the presbytery of Santand and for remedy agreeable to the word of God lawes of the realm acts and constitutions of the Church antient practise and liberties thereof when God shall think expedient Albeit that day was not keept yet it was delayd because of his Ma s Missive directed unto the presbyteries and subscribed by his Majesties commissioner and Moderator of the last assembly and another day was appointed the first tuysday of July year 1605. at the farrest or sooner as is before The best affected in the North were touched with remorse for their own neglect when they saw the carefulness of the presbytery of Santandrews These three Brethren advised them to direct from their next Synod which was to be in August at Aberdien their Letters into other Synods entreating them to send some of their number unto the ensuing Synod of Fife at Santandrews where they may lay open their grievances and concurr in craving a generall assembly In the Parliament held at Perth July 11. when Commissioners were chosen to treat with England concerning the Union some Noble men and Barons and Burgesses craved a clause to be inserted in the Commission for preserving the estate of religion and disciplin in it's own freedom sincerity And they craved the assistance of the Commissioners of the generall assembly but these bewrayd their intentions to overthrow the disciplin notwithstanding their contrary promises and protestations Nevertheless no in convenent followed at that time because the Union was crossed A great number of Ministers conveened at Santandrews specially from the South and West parts Sir Alexander Straton of Laureston the Kings Commissioner in Church affaires was informed that they intended to hold a Nationall assembly therefore he went thether with Letters from the Counsell in readiness to discharge their meeting but when he saw their proceedings he approved all and advised them to warn other synods to direct their commissioners unto Perth in October to conveen with the commissioners of the generall assembly When they were assembled Laureston willed the commissioners of the synods to conveen apart to consider of their articles and petitions which they would send with him unto the King They went so and declared theit griefs one to another regrating heavily the decay of the liberty of the Church the usurpation of the commissioners of the Generall assembly who take unto them all the government of the Church the inconveniences falling out thereby in all the Provinces and the want of a generall assembly How soon these things were made known unto these generall commissioners they would not suffer the others any more to conveen apart When they conveened all together they insisted most upon two grievances one that the commissioners of the last generall assembly or rather some few of them arrogated to themselves all the government of the Church and power of the generall assembly doing and undoing at their pleasure under the name of it and redacting the Church into an oligarchy albeit their commission be expired with the date of the last appointed assembly The other that the new named Bishops took the boldness to reason and vote in Parliament without any commission from the Church Unto the first they answered Their commission should continue till the next assembly they were weary of that office but the King would deal with no others and that yee will find if yee attempt any thing without us This last was true but better none at all then such As for the first part the effects proved that they were not weary for to the end they might continue they procured the prorogation of the assemblies and their commission was the chief means whereby they wrought their advancement Unto the next both the Bishops and others not yet promoted answered Let the breakers of the cautions be seveerly censured I wish said George Graham he were hang'd above all thieves who preaseth not to his uttermost to see the cautions keept for holding out corruption and the pride and tyranny of Bishops And nevertheless he accepted first the Bishoprik of Dunblain and then of Orknay never acknowledging the assembly and contrary to his many promises The others replied Not a jote of the cautions is keept either in the entring of Bishops or in their administration they leave their flocks run Post to Court and return Lord Bishop The other generall commissioners said They may reserve their grievances unto the next generall assembly where they promised their concurrence or if they failed they were never to be esteemed as brethren It was replied All grievances are remitted unto the generall assembly and in the mean while those who feared censure and had credite at Court procured delayes untill custom corroborat their corruptions and means were used even among Ministers for their advantage and continuance betwixt them and Christ be it when he shall call them to account In end they agreed on four points to be petitioned 1. That a generall assembly may without offence to his Majesty be held according to the Act of Parliament and former custom 2. That order may be taken with Papists and contemners of the Church-disciplin 3. That their godly and faithfull brethren who are persecuted by the English Bishops may be permitted to exercize their Calling 4. Concerning the Plat which in then last meeting had prejudged sundry Ministers Laureston promised to deal faithfully with the King in these particulars but the
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
judgement or not which the Iustice and Lords had already found treasonable Their Advocat willed them to remember his defences which he resumed briefly and to judge truly equitably and not according to the alledged lawes which were not only repealed and abrogated in part and were made in a violent time when in the Kings minority the chief men both of the Common-welth and Church weâ—e forced to forsake the Land nor was any man before that day conuicted of treason for declining the Counsell nothwithstanding that Act but against it at the very ploclaming of it at the market cross of Edinburgh Robert Pont and Walter Backanquell in name of the Church took protestations documents of their dis-assenting in the hands of John Mackeson Notare publick After him Iohn Forbes deduced summarily their proceedings at Aberdien explained the word Simpliciter which they had used in the Declinature protested as they had done before the Councell that in all Civill affaires they acknowledge his Majesty and the authority of the Secret Counsell as far as any other subject but in the affaires of Christs Kingdom and the Church which God hath distinguished from the former they had lawfully declined the judgement of the civil Iudicatory and he exhorted the Gentle men of the Assise to remember that they were bound by the confession of faith to maintain the disciplin professed in our Church alswel as the Ministers He read a part of the confession to this purpose and inferred They could not but be guilty of perjury if they for fear or pleasure of any man should decern that to be treason which themselves had upon the lawfull command of authority sworn and subscribed Iohn Welsh followed with a discourse of the grounds of their declinature and required them to consider that they were not the first who had declined the Counsell in the like case as others also had done in other cases and namely that there is extant a Declinature of the King Counsell subscribed by three or four hundred Ministers or thereby yea by some of the commissioners of the Generall assembly and by those who are called Bishops and are the only men who have procured all those troubls and on whom they there do lay all the guilt of those troubls which they have suffered and are like to suffer He read also another part of the confession of faith concerning the present purpose The Kings Advocat interrupted him and willed the Assise to consider that they had no more to try but whether the impanelled had declined or not The Justice willed the Assise to remove in all hast Iohn Forbes seeing there was no longer stay charged the Earl of Dumbar to report in their names unto his Majesty what punishment followed upon the breach of the oath made unto the Gibeonites and how the like was to be feared to fall upon his Majesties posterity and the whol Land if they shall violat the great oath that they have made and then he read another passage of the confession concerning aequivocation double dealing When the Jury was enclosed Dunipace moved them with reasons so that they were inclined to absolve the impannelled Wherefore some were directed to deal with the Assisers and some were directed to deal with the arraigned Ministers to see if yet they could be moved to depart from their declinature Whereas according to the law none should have access unto the Assisers after they be inclosed For the starute James 6. Parli 11 1587. Act. 91. it was ordained that all Assisers be inclosed and none suffered to repair unto them under whatsoever pretence nor any of the Assise to come forth untill after agreement they return their answer unto the Judge otherwise the person to be pronounced clean and innocent of the crime alledged But it was sufficiently known that the Foreman came forth unto the Lord Justice and other Lords and the Clerks resorted unto the Assise Much travell was to persuad the Assisers that no harm was intended against the prisoners in their person life or goods to induce them to convict the prisoners Sixe cleansed them simpliciter to wit Dunipace Kier Johnscleuch Westquarter Pantoun and Sawchy When the Forman returned and reported the Sentence of the Jury Dunipace said publickly that he not only absolved them as innocent of treason but acknowledged them to be honest Ministers faithfull servants of Christ and good subjects The Judge delayd the Sentence of punishment untill the Kings will were further known and ordained the prisoners to be carried into ward again and to be straitly keept that no man have access unto them The prisoners embraced one another and thanked God for his presence in the action They were convoyd unto the place about ten a clok at night by some of the Guarde The people said It was certanly a work of darknes to make Christs faithfull Ministers traitors O if the King were never in greater danger then by such men On the morrow they were convoyd to Blackness a great number of Ministers accompanying them and parted from them with thanks giving prayers and many tears and more confirmed in the cause Then the Commissioners of the generall assembly thought it a â—it time to try the constancy of other Ministers being so terrified as they supposed that nothing would be refused Therefore all the Synods of the realm were appointed in the Kings name to conveen upon one and the same day in February within their bounds respectivè that so one Synod might not know the resolution of another The King had one or more Commissioners at every Synod to crave answer unto five Articles which were directed to the Synod of Mers and Teviotdale with David Macgill a Senator of the Session and Gawin Hamilton Bishop of Galloway to wit 1. That in the next General Assembly no Acts made in any preceding Assembly where his Majesty was present should be in any way touched altered or interpreted 2. That the estate of Bishops be not medled with but continued in the same condition wherein they are at present untill his Majesties will and pleasure be further known 3. That there be no alteration of any of the Commissioners except upon the trial of some notable fault in their doctrine life or conversation 4. That notwithstanding any appellation the Commissioners should proceed they alwaies being answerable unto the General Assembly for their proceedings 5. That they acknowledge the Warrant of their meetings to come by permission of the Prince That Synod would give no answer so did many others and some referred them unto the General Assembly The Ministers of the Dutch and French Churches at London being mis-informed sent Letters unto the Ministers of Edenburgh regrating the mis-behaviour of the imprisoned Ministers Wherefore those in blackness wrote an Apologetick not only declaring their proceedings but also painting forth the Commissioners of the General Assembly in their own colours that under pretence of a limited Commission from the General Assembly they arrogate the full
answered that her Ma. thinks it no way reasonable that she should defraud herselfe of so great a part of the patrimony of the Crown as to put the patronage of Benefices forth of her hands for her necessity in bearing her Port common charges will require the retention thereof and that in a good part in her own hands Nevertheless her Majesty is well pleased that consideration being had of her own necessiâ—y and what may be sufficient for the reasonable sustentation of the Ministry a speciall assignation be made to them in places most commodious With which her Majesty shall not medle but suffer it come to them To the third article it 's answered that her Majesty shall do therein as shall be agreed by the States in Parliament To the fourth Her Majesties liberality to the poore shall always be so far extended as can be reasonably required at her hands To the fifth and sixth articles her Majesty referreth the taking order therein unto the States assembled in Parliament The Nationall assembly conveenes The IX Assembly in Edinburgh Septemb. 25. Jo. Erskin is chosen Moderator The answers of the Queen weregiven unto the Assembly and ordained to be registred And they return this answer First where her Majesty sayth that she is not persuaded in religion nor that she understands any impiety in the Masse ...... It is no small grieff to the Christian hearts of her godly subjects considering that the Trumpet of Christs evangell hath blown so long in this Countrie and his mercy so plainly offered in the same that her Maj. remaines yet unpersuaded of the truth of this our religion for our religion is nothing els but the same Religion which Jesus Christ hath in the last dayes reveeled from the bosom of his Father where of he made his Apostls Messingers and which they have preached established among his faithfull untill his coming again and this differeth from the impiety of the Turks the blaspheny of the Jewes and the vain superstition of the Papists in this that only our Religion hath God the Father his only Sone Jesus Christ our Lord and the Holy Ghost speaking in his Prophets Apostls for the Authours thereof and their doctrine promise for the ground of it The which no other religion upon the earth can justly alledge or plainly proove yea whatsoever assurance Papists have for their religion the same have the Turks for maintaining their Alcoran and the Jewes far greater for the defence of their ceremonies whither it be antiquity of time consent of people authority of promises great number or multitude consenting together or any other the like cloakes that they can pretend And therefore as wee are dolorous that her Majesty in this our religion is not persuaded so most humbly wee require in the name of the Eternall God that her Highness would embrace the means whereby she may be persuaded of the truth which presently wee offer unto her Grace alsweell by preaching his word which is the chief means appointed by God to persvade all his chosen children the infallible truth as by publick disputation against the adversaries of this our religion and the deceivers of her Majesty whensoever it shall be thought expedient unto her Grace As for the impiety of the Masse wee are bold to affirm that in that idoll is great impiety from the beginning to the end it is nothing els but a mass of impiety the author or Father thereof is but man the action itself the opinion thereof the hearets and gazers upon it do avow sacriledge pronounce blasphemy and commit most abominable idolatry as wee have ever offered and now offer ourselves to prove most manifestly And where her Majesty esteems that the change of religion shall dissolve the confederacy and alliance that she hath with the King of France and other Princes assuredly Christs true religion is the undoubted bond to knit up perfect and sure confederacy friendship with Him who is King of all Kings and hath the hearts of all Princes in his hand which should be more precious unto her Majesty than the confoederacy of all the Princes of the earth and without which neither confoederacy love nor kindeness can endure Concerning her Majesties answer unto the second article where she thinks it not reasonable to defraude herfelve of the patronage of Benefices and that She is minded to retain a good part of the Benefices in her hand for support .......... Our mind is not that her Majesty or any other patron should be defrauded of their just patronages but wee mean whensoever her Majesty or any other patron do present any person unto a Benefice that the person presented should be tryed examined by the judgement of learned men of the Church such as are for the present the Superintendents and as the presentation unto the Benefice appertaines to the Patron so the Collation by law and reason belongs unto the Church and the Church should not be defrauded of the Collation no more than the Patrons of their presentation for otherwise if it bee lawfull to the Patrons to present whom they please without tryall or examination what can abide in the Church of God but meer ignorance As for retention of a good part of the Benefices this point abhorreth so far from good conscience of Gods law as from the publick order of all common lawes that wee are loath to open up the ground of the matter by many words but wee most reverently wish that her Majesty would consider the matter with herselfe and her wise Counfell that howbeit the patronage of Benefices may appertain unto herselfe yet the retention thereof in her own hands undisponed to qualified persons is both ungodly and contrary to all publick order and brings finall confusion to the souls of poor people who upon those means should be instructed in their salvation And where her Majesty concludes that she is content a sufficient reasonable sustentation of ministers be provided by assignations to them consideration being had of her necessity as wee are altogether desirous that her Grace's necessity be considered so our duty craves that we should notify to her Majesty the true order that should be observed to her in this behalf which is The tiths are properly to be reputed the patrimony of the Church out of which before all things they that travell in the Ministry and the poor indigent members of Christs body should be sustained the churches repaired and the youth broughtup in good letters which things being done then other reasonable necessity might be supported as her Majesty godly Counsell can think expedient And wee can not but thank her Majesty most reverently for her liberall offer of her assignation to be made unto the Ministers which as yet is so generally conceived that without more speciall condescending upon the particulars no execution can follow and therefore wee most humbly crave of her Majesty that these articles may be reformed ..... Beseeching God that as they