the King was commoved for the dis-honor he apprehended done unto him that day therefore they left off their commission and vvent to their lodgings The next day the King vvent to Lithgovv all that vvere not ordinary inhabitants in Edinburgh vvere commanded to leave it the Lords of the Session vvere vvarned to be ready to remove and to sit vvhere they shall be advertised by the next proclamation the Magistrates vvere commanded to search and apprehend the authors of that hainous attempt Some of the burgesses vvere committed to sundry vvards the Ministers of Edinb were commanded to enter into the castle of the town because the Kings wrath was hotest against them and to the end the chief Octavianes might use them at their pleasure After advice with some others it was thought expedient they should withdraw themselves till the present flamm were over For all the diligent inquisition which was made many daies no ground could be found of any conspiracy against the King or any other only when the tumult was raised one or two cried to have some of the Octavianes abusers of the King to take order with them for which words they were fined If there had been any intention to do harm unto any man what could have himdred then from doing it there was no party in readiness able to withstand them Yee see then the tumult of Decemb. 17. was no just cause to move the K. to charge the Government of the Church nor to wrong the wholl Nationall Church for the tumult of one town howbeit their fact had been grounded on bad intentions nor may Ks thrust Christs government to the door for the faults of men and bring-in what forms they please But as no just occasion was givē so that tumult can not serve so much as for a pretence seing as it is now discovered the alteration was intended before December 17. On the 20. day Pa. Galloway was sent unto the K. at Lithgow but was not suffered to come neer the King only a copy of a Band was sent unto him whereof mention was made before to be subscribed by the Ministers Under pain of losse of their stipends but he and others after him refused for many reasons The questions whereof mention was made before 55. in number came forth in print soon after and the Convention of the Estates and of the Ministry was appointed to be held at Perth February 29. for consulting upon and determining the jurisdiction spirituall of the Church alswell in application of doctrin as the whole policy in all these questions the main point of policy to wit the superiority of Bishops was conceiled howbeit chiefly aimed at In time of these sturs in Scotland began throughout England the more solemne and pious observation of the Lords The keeping of the Lords day began in England day upon occasion of a book set forth An. 1595. by P. bound Doctor of Divinity and enlarged with additions An. 1606. wherein these following opinions were maintained 1. The command of sanctifying every seventh day as in the Mosaicall decalogue is moral and perpetual 2. Whereas all other things in the Jewish Church were taken away priesthood sacrifices and Sacrament this sabbath was so changed that it still remaines 3. There is a great reason why we Christians should take ourselves as streightly bound to rest upon the Lords day as the Jewes were upon their sabbath it being one of the moral commandements whereof all are of equal authority 4. the rest upon this day must be a notable and singular rest a most carefull exact and precise rest after another manner then men are accustomed 5. Schollers on that day are not to study the liberal Arts nor Lawyers to consult the case nor peruse mens evidentes 6. Sergeants Apparitors and Sumners are to be restrained from executing their offices 7. Justices not to examin causes for the conservation of the peace 8. Ringing of more bells then one that day is not to be justified 9. No solemn feasts nor wedding dinners to be made on that day 10. all honest recreations and pleasures lawfull on other dayes as shooting fencing bowling on this day is to be forborn 11. No man to speak or talk of pleasures or any other worldly matter It is almost incredible how taking this doctrine was partly because of its own purity and partly for the eminent piety of such persons as maintained it so that the Lords day especially in Corporations began to be precisely keept people becoming a law to themselves forbearing such sport as by Statute were yet permitted yea many reioicing at their own restraint herein On this day the stoutest fencer layd down his buckler the skilfull Archer unbent his bow counting all shooting to be besides the Mark May-games and Morish-dances grew out of request and good reason that bells should be silenced from gingling about mens leggs if their ringing in Steepls were judged unlawfull some were ashamed of their former pleasures like children vvho grovvn bigger blush themselves out of their rattles and vvhistles Others forbear them for fear of their Superiors and many left them off out of a Politick compliance lest othervvise they might be accounted licencious Yet the learned vvere much divided in their judgement about these doctrines some embraced them as antient truths consonant to Scripture long disused and neglected and now seasonably revived for the encrease of piety Others conceived them grounded on a wrong bottom but because they tended to the manifest advancing of religion it was pitty to oppose them seing none have just reason to complain being deceived into their own good But a third sort flatly fell out with these positions as galling mens necks with a Jewish yoak against the liberty of Christians that Christ as Lord of the Sabbath had removed the rigor thereof and allowed men lawfull recreations that this Doctrine put an unequal Lustre on the Sunday on set purpose to eclipse all other holy dayes to the derogation of the authority of the Church that this strict observance was set up of faction to be a character of difference to brand all for Libertines who did not entertain it How ever for some years together in this controversy Dr bound alone carried the Garland none offering openly to oppose yea as he in his second edition observes many both in their preachings writtings and disputations did concurr with him in that argument and though Archb. Whitgift in the year 1599. by his Letters had forbidden those books any more to be printed and Sir John Popham Lord chief Justice in their year 1600. did call them in yet all their care did but for the present make the Sunday set in a cloud to arise soon after in more brightness for the Archb. his known opposition to the proceedings of the Anti-episcopal Brethren rendred his actions more odious as if out of envy he had caused such a pearle to be concealed and some conceived though it was most proper for Judge Popham's place to punish
Gregorie for Gregorie believed that the soul of Paschasius was purged in a bath at Puteoli and Damian thought that the soul of Severinus was purged in a flood and therefore saith Bellarm the Fathers both Greeks and Latines before the School-men have erred and nevertheless Bellarm. and other Papists for proof of their Purgatorie do bring all the testimonies of these Fathers to prove this their opinion whereas the opinions differ 1. In regard of the persons who are to be purged 2. The place 3. The durance there 4. The nature of the fire 5. Which is the principal they hold now that the pains of Purgatorie may be mitigated and taken away by the prayers and offerings of the living Augustine that renowned Bishop of Hippo was the first amongst the Ancients who spoke of such a place and he spake but doubtinglie for in Enchir. ad Laur. cap. 68. he saith As well they who build gold as they who build straw shall pass through the fire whereof the Apostle speaketh and therefore that fire is the tentation of tribulation in this life but whether there be any such thing after this life is not incredible and it may be asked But in serm 62. ad fra in Erem and ser 232. de temp he saith There be onlie two sorts of places for two sorts of souls after this life and this is no third In lib. 5. hypognost he saith The Catholick Faith by Divine authoritie believes that the first place is Heaven wherein the Reprobate his word is the not-baptized is excepted The second is Hell where everie Apostate and alliant from the faith of Christ shall suffer everlasting punishment We are altogether ignorant of a third place nor shall we find it in the holie Scriptures saith he And de Civit. Dei lib. 21. cap. 25. after the words of Gal. 5. 19 20 21. he saith Certainlie this saying of the Apostle is false if such men being delivered after what time soever shall possess the Kingdom of God but because it is not false trulie they shall not possess that Kingdom and if they shall never enter into the Kingdom of God they shall be held in everlasting punishment because there is no middle place where he is not punished who is not brought into the Kingdom Pope Gregorie Dial. lib. 4. cap. 39. moveth the question Whether after death there be a Purgatorie fire He answereth In the Gospel the Lord saith Walk while ye have light and by the Prophet In an acceptable time have I heard thee which the Apostle Paul expoundeth saying Behold now is the acceptable time now is the day of salvation Solomon also saith Whatsoever thy hand can do do it instantlie because there is neither work nor reason nor knowledge nor wisedom in the grave he hath it apud inseros whither thou goest David also saith His mercie indureth for ever out of which sayings it is certain that in what condition everie man departeth in the same shall he be represented in judgement But yet for some light saults a purging fire may be believed to be before judgement because truth saith If any speak blasphemie against the holie Spirit it shall not be forgiven unto him in this life nor in the life to come In which saying it is given to understand that some faults may be forgiven in this life and some in the life to come for what is denied of one it follows consequentlie that it is granted of some But as I said it is to be believed of little and very small sins as all idle words continuallie c. Thus unto Augustin's question Whether it be Gregorie answereth It is to be believed and that he gathereth out of one negative and contrarie unto the affirmative that he had confirmed by several sentences of Scripture And concerning the Text in 1 Cor. 3. he adds there Although this may be understood of the fire of tribulation in this life yet if one will take it of the fire of the future purging it may be diligentlie considered In the following chapter he sheweth his motive to think so But first consider that the Doctrine of the Church before him was that the dead doth not appear as Chrysostom to 1. de Laza. con 4. saith If souls did return to shew men what were done after this life Satan might verie easilie deceive the World for as when God sent Prophets Satan sent false Prophets when Christ came Satan sent false Christs when the Apostles were sent he sent false Apostles still mixing tares with wheat so if God did send the dead back into the World most easilie might Satan counterfeit that also not raising dead men but by deceiving the eies with false inchantments or by suborning some men to feign themselves dead or to say they have been dead and so he might confound all things But the all-knowing God hath prevented this falshood and he sparing us suffereth none to come from the dead to tell the living what things are done there to the end we should learn and believe the Scriptures But now Pope Gregorie saith he was induced to think that there is a purging fire after death because the soul of Paschasius a Deacon of Rome in the contention betwixt Laurentius and Symmachus had appeared before Germanus Bishop of Capua as he heard it said when he was young in a bathe and did service unto him and when the Bishop asked him Why he was there he answered For no other cause am I appointed to this place of punishment but because I was on the side of Laurentius against Symmachus but I beseech you pray the Lord for me and by this you shall know that he hath heard you if when you return hither you shall not find me The Bishop did so and after a few daies returning he found not Paschasius in that place Thus we see what was Pope Gregorie's opinion of Purgatorie and what were his grounds and motives Bellarm. de Purg. lib. 1. cap. 7. promiseth to prove Purgatorie by more apparitions from testimonies of most grave Authours but he cannot alledge one before this Gregory who as I said before from Mel. Canus was too credulous In a word as Roffensis hath well observed and ingeniously confesseth in Respons contra Luther art 18. and Pol. Verg. de invent rer lib. 6. cap. 1. repeats it Little or no mention of purgation is amongst the ancients and the Greeks untill this day believe it not so long as there was no fear of Purgatorie none sought indulgences for upon it depends all esteem of indulgences The beginning of indulgence take away Purgatorie and what need is there of indulgence say they Nor was it universally believed in the Latine Churches nor was it reckoned an article of faith till it was established by the Councel at Florence an 1439. where the Greeks did oppose it till they were hastning to an end and then they would not strive against the word but would never believe the thing 4. About the same time another
Emperor gave unto him pastorale pedum and so without consecration he administred until Nicephor Bishop of Mozylle came Legate from the Prince of Aetolia and the Bishop Debrenus from Macedonia about some other business then by advice of George Andronicus designeth Germanus a Monk to be Bishop of Heraclea and by these three the Patriarch was consecrated Nevertheless the contention ceased not yet but the Emperor being wise and desirous to make peace with the least offence of either party he calleth a Synod at Atramylium there after little jangling both parties agreed that their several reasons should be written in two several books and the decision should be committed unto God by fire and miracle so when they had watched all night and prayed unto God both books were cast into a fire in the midst of the Church on a Sunday both parties waited that their book should be preserved but both were burnt this was the sentence of God and his deciding of them who troubled the Church untimously and would refer a serious matter unto a foolish trial From thence they all subscribed unto the Patriarch nevertheless they who had suffered under Michael did now so domineer that all the other Bishops and Priests were removed from their places and the Bishops commanded their inferiors to take the priestly habits from them and trample their garments on the ground with these words He is unworthy and after they had buffeted them they thrust them out of the Churches even albeit the other party professed repentance But as Nicephorus saith lib. 6. they who were so unmerciful suffered afterward just punishments none of them died in their own place and being also most shamefully removed they ended their lives in sorrow Especially the forenamed Becus wrote Apologies and desired to be heard in a lawful Assembly The Emperor considering that reproaches sometimes had just grounds and sometimes were altogether false yet in time are wont to breed factions called the Clergy with some of the Nobility into his Palace and there Becus coming from his prison was permitted to speak and pleaded so eloquently that many of his hearers were perswaded The Patriarch and Muzalo magnus Logotheta refuted his eloquence with strong reasons and Becus was sent again in banishment into a little Town of Bithynia After this the Patriarch set forth refutations of the opinions of Becus and he spake very bitterly against him some Bishops and Priests by their published writings did admonish the Patriarch to change his style if he would prevent danger and the like reproaches he took this admonition to proceed of envy and was the more stirred to write and heap disputations upon disputations thinking to stop the mouthes of adversaries the more he writeth invectively the more of his own Clergy begin to mislike him but he regardeth nothing till Chilas Bishop of Ephesus and Daniel Bishop of Cizicum whom he had advanced and esteemed above others became his avowed enemies in the same cause then he thought upon the example of Julius Caesar resisting all his adversaries but in grief yieldeth unto Brutus and Cassius so he quiteth all jars and disputes he dimiteth his charge and entereth into St. Marie's Hodegium or Monastery Chilas and Daniel drank also of the same cup for their Clergy rose against them severally and dilated them unto the Emperor and to other Bishops for crimes worthy of deposition The Emperor summoneth them unto Constantinople they elude his summons with delays but they did finde the Emperor's secret dislike more noisome then open anger and they were dispised of all their colleagues and brethren nor were they answered in their revenues and so died in sorrow Nicep Gregor lib. 6. The same Andronicus took pleasure in Astronomy and began to think on the right keeping of Easter Therein Nicephorus Gregoras the Historician shewed his skill and did demonstrate by Astronomical reasons that the day of Easter was changed from March 25. unto the 17. day Many did deride the ostentation as they did judge of Nicephorus that he had not gotten licence to speak if the Emperor had not commanded them silence His reasons were taken from the vernal equinox and the first full Moon thereafter The Emperor was perswaded of it and would have had it amended but he did fear that the unlearned would be offended and the Church be divided and he said It were not an easie matter to go through the Empire and the Islands and to inform them in such ascruple but some would keep one day and some keep another therefore it is better to continue in such things as they were received Gregor lib. 8. 9. ADOLPH Count of Nassaw was next Emperor by the policy of the Bishop of Mentz for he dealt privily with the Electors and perswaded them to refer their suffrages unto him and he named this Adolph He sought not confirmation from Rome He was faithful unto the Empire for he did not enrich his own children but did enlarge the revenues of the Crown by conquering the Princedom of Misna and other Lands In time of the wars betwixt France and England he was for England and all the Electors were for France and therefore they conspired against him saith Io. Naucler and they dethroned him Albert the Son of Rodulph was chosen they fought a bloody battel before Albert was Crowned and Adolph was slain All the Authors of the insurrection were remarkably punished within a year to wit both the Bishops and the Counts and Albert though he lived some years yet was slain by his own Brother Idem The death of Adolph and the time is marked in these verses Anno milleno ter centum ter minus uno In Iulio mense Rex Adolphus cadit ense Per manus Australis praecessit machina talis CHAP. III. Of divers Countreys 1. PLatina in Honor. III. writeth that then were earthquakes so great and A general description of this Century fearful that in the mountains Salvii five thousand men and women were smothered by ruine of houses and falling of stones off hills and in the days of Gregory the IX was inundation of waters Tibris overflowing his banks brought great harm and men were so plagued with pestilence that scarcely the tenth person was preserved then was a strange eclipse of the Sun and Stars seemed to fall But these days were more miserable for spiritual plagues for the misty ignorance of former times became more foggy people and nations were wonderously deluded with strong delusions of the man of sin No peace in the world almost and the blood of Christians was shed every where and for the most part by procurement of the Popes partly under the shew of holy wars and partly under pretence of heresies as will yet more appear For 2. Then came the locusts out of the bottomless pit of whom the first was The Dominicans and Dominicus Calaguritanus a Spaniard the Father of Fratres Praedicatores or black Friers who were also called Jacobines and Dominicans Petrus Auratus one of that
are tied unto us you reform your Clergy and put away these abuses in their clothes shoes hair and conversation or if they will not obey that you command the fruits of their Benefices to be brought into our Exchequer and by consent of the Pope we will employ them unto honest uses When the Legate heard these words he went presently away Io. Naucler hath this but he sheweth not what the Bishop of Mentz did in obedience unto the charge nor how the Pope was taken with the answer but only he sheweth that the next year Pope Innocentius sent unto John de Salverd a Canon of Spira to gather the half of all the fruits of Benefices within that Diocy whether vacant or shall be vacant for two years unto the Pope's use This Charls did more good in Bohemia then in all the other parts of the Empire he erected a School of Liberal Sciences at Prague he built the new City and a glorious Palace and many Monasteries and he made the Bishop a free Arch-Bishop whereas before he was subject unto the Bishop of Mentz He and his Empress went to Rome to kiss Pope Urban's foot and returned within three months He died An. 1378. In Constantinople after Andronicus his Son Calo-Johannes did reign his Uncle and Tutor John Catacuzen did usurp the Government and they both were called Emperors and in the end Calo-John was sole Emperor This unhappy John sent for the Turks to come unto his aid Soliman then did possess all that in Asia had appertained unto the Empire and came over the Hellespont but could never be beaten back again he took Gâ—llipolis and other Cities on the coast and then Hadrianople Lazarus Despote of Servia or Mysia inferior and Mark Despote of Bulgaria and some other Princes went against him An. 1363. and were overthrown John came into Italy France and Germany for help against the Turks but when he could obtain none he returned and sought ways to fight under the Turks colours in Asia Laon. Chalcocon lib. 1. After that time Soliman became Lord of many Christians Lands in Europe and his Brother Amurathes conquered more and so that Empire decayed yearly 5. WENCESLAUS succeeding unto his Father is called wretchless and effeminate whether his minde was set on devotion or that he would not meddle with the two-headed Beast for then began the great Schism of the two Popes it is uncertain and the Civil wars which began in the time of Charls did then increase The Vicars which were appointed to govern the Imperial Towns in Italy became absolute and so did others in Germany usurp liberty The Electors seeing that he had no care of the Empire and that especially he favored John Huss conspired by instigation of Pope Boniface the IX to chuse another but they could not agree for two were chosen An. 1400. Robert Count Palatine and Jodok Marquess of Moravia Jodok died within six months and then Robert was sole Emperor Then Wenceslaus made no account and contenting himself with Bohemia lived yet twenty years Emmanuel the second Son of Calo-John by the aid of Bajazet succeeded unto his Father and paid him yearly 30000 crowns and did willingly quit Philadelphia Andronicus the elder Brother was glad to take pay of the Turk Laon. Chalcocon lib. 2. The Turks by these means and because of the dissensions in Italy and Germany especially of the Schism between the Anti-Popes had the more opportunity to subdue Bulgaria Walachia and carried great spoil out of Hungary Sigismund King of Hungary with the aid of Germans French and English about 100000 men fought against 300000 Turks and were overthrown An. 1397. Because Emmanuel would not follow Bajazet and had made a league with some Princes against him Bajazet went to besiege Constantinople and had taken it if the Lord had not raised up Tamerlan King of Massagetes in Tartary by the solicitation of some Turkish Dukes which were robbed by Bajazet Tamerlan was admired for his power and success he subdued Persia Media Assyria Armenia and all Asia between Tanais and Nilus Bajazet left the siege of Constantinople to fight him at Prusa where Bajazet was taken in the 25 year of his reign Tamerlan asked him What he would do if he had him in that case The Turk answered proudly I would put thee in an iron Cage ...... Tamerlan did so with him and carried him through Asia until he died The Sons of Bajazet had Civil wars a long time and killed one another So the Christians in Europe had rest from the Turks until Amurath the II. subdued Mustapha the fourth Son of Bajazet and recovered the former conquest He returned against the Greeks in the days of John the eldest Son of Emmanuel because he had aided Mustapha Laon. Chalcocon CHAP. III. Of divers Countries 1. IN this Century gross was the darkness both of ignorance and vitiousness In the grossest darkness was some sparks of light in the body of the Church the Preachers did not teach the knowledge of God but sought their own gain and the people could not but be ignorant nevertheless God raised some in all Estates to note and rebuke the corruptions of the time as followeth It was not a small furtherance that in the Councel at Vienna An. 1511. it was decreed that in all Academies there should be some expert in the Hebrew Chaldee and Arabick languages who should not only teach these languages but translate their books into Latin for the larger spreading of God's word and the more easie conversion of Infidels By the benefit of these languages the light of God's word began to shine more clearly and the Commentaries of Nic. de Lyra on the Bible was a good help although in many things complying with the times and some Greeks fleeing from the oppression of the Turks came into the West and taught the Greek tongue and translated some of the Fathers 2. A shew and hope of reforming the Church was made by Pope Clemens the V. in the Councel at Vienna It is clear therefore that the corruption was known by the people and a Reformation was wished Clemens gave order to Durand Auditor Rotae and Bishop Mimaten to set in order some Overtures of Reformation Articles of Reformation to be propounded in the Councel The Treatise is extant with this Title De concilio celebrando printed Lutetiae An. 1545. He beginneth at the Roman Clergy saying They have followed the way of Balaam who loved the hire of iniquity and was rebuked for his madness ...... which hath hapned also in these days seeing so foolish and unorderly things are done by Church-men who should be a light unto others they have offended the senses even of Pagans and Jews so that such as have no knowledge of Divine reason do abhor their madness and being wiser reprove their wicked ways He sheweth what might be the way of Reformation to wit in the holy Councel Kings and Bishops should conspire unto these things 1. Recourse must be made unto the
third head was of the Authority of General Councels As in the Councel at Constance so here in Session 2. After long debate of the Prelates and Divines it was decreed by ninety Fathers thus This Synod being lawfully assembled in the holy Ghost and being a General Councel representing the militant Church hath power immediately from Christ unto which every one of whatsoever estate or dignity although Papal should obey in such things as concern Faith and extirpation of Schism and general Reformation of God's Church in the head and members Item It declareth that whosoever of whatsoever estate or dignity although Papal shall contumaciously refuse to obey the Commands Statutes Ordinances or Precepts of this holy Synod or of whatsoever other General Councel lawfully assembled in the premises or things belonging thereunto unlesse he repent should be subject unto condign pennance and be duly punished Pope Eugenius was offended at these Acts therefore he sought to divide the Fathers then to intrench their liberty and lastly to remove the Councel to Bolonia pretending his own infirmity that he could not undertake so long a journey though the Councel require his presence nor is there hope of Reforming the Germans and the Greeks will not passe the Alps. The Emperour replied The peace of the Latines should not be disturbed for any hope of peace with the Greeks and so many Nations had condescended unto the Councel at Basil and will account him as an Author of Schism if he practice in the contrary Nevertheless Eugenius by his Bull dissolved the Councel and summoned the President and all the Fathers unto Bolonia under pain of his curse On the other side in Session 3. An. 1432. April 29. they renew the two former Decrees and decern that Eugenius can no way dissolve the Councel because that were contrary unto the Decrees of Constance and tendeth to the grievous danger of the Faith and the disturbance of the Church and scandall of all Christian people And they sent John a Doctour of Divinity unto the Pope and the Cardinals with him humbly entreating obtesting and admonishing him and them to revoke the published dissolution and to assist and aid the Councel with his and their presence unlesse they have a Canonical reason of absence and if not threatning him and them that they will proceed according to order of Law against each of them At that time Sigismund assembled a Diet of the Germans and invited other Nations to send their Ambassadours for preventing the schism and the Councell sent their Commissioners thither It was concluded there That the Councel should continue at Basil and the Decrees thereof be received by all Then Eugenius considering his own difficulties that the Emperour with the Germans and the Kings of France and Hungary were for the Councel and that he had not peace at Rome for he was at variance with the Columnenses for the treasury of Pope Martin he sent his Bull revoking the dissolution and confirming all that was done in the Councel Session 16. February 5. An. 1434. And his Cardinals were received into the Councel April 24. After the death of Sigismund Eugenius would again take away the Councel and summoned the Fathers to appear before him at Ferraria But in Session 26. July 31. An. 1437. they wrote a large libel of Eugenius his crimes to wit his simoniacal presentations unjust dilapidations of Church-revenues perjuries scandalous attempts c. and they charge him to appear before them within sixty days with certification that whether he appear or not they will proceed against him by cognoscing and determining as the Synod by aid of the Holy Ghost shall judge expedient for the Church of God And when the President Julian received Letters from Eugenius to discharge the Councel he returned his contrary reasons especially the Bohemians may boast and say Is not here the hand of God behold Armies have fled so oft before us and now the universal Church flyeth from us behold neither by Arms nor by Reason can we be overcome And since the Nations expect a Reformation of the Church by this Councel if it be dissolved they will say that we do mock both God and man And when there shall be no more hope of Reformation the Laicks shall justly rush upon us after the manner of the Hussites and truly there is such a publick fame they will think that they shall offer a good sacrifice unto God who shall spoil or kill a Clergy-man the Clergy now are come into a gulf of miseries and shall be odious both unto God and man And whereas you pretend your wars although you were to lose Rome yet you should rather renounce all then dissolve the Councel since the salvation of one Soul for which Christ died is more dear unto him then any Castle or City or all the World or Heaven it self and your Office is to save Souls if you will follow Christ or else the ax is laid unto the root of the tree the tree is ready to fall and can stand no longer whatsoever cause of delay be pretended men say It cannot be for good whereas you fear the Councel will take away temporalities from the Church this is marvellous for that might be suspected if the Councel did not consist wholly of Church-men But I fear that it befal unto us as unto the Jews who said If we suffer this Man the Romans will come and take away our Nation so if we say If we suffer the Councel the Laity will come and take away our temporalities But as in the just judgement of God the Romans destroyed their Nation who would not suffer Christ to live so it is much to be feared lest in the same just judgement it come to pass that because we will not suffer the Councel to stand we shall lose our temporalities and oh that we lose not both bodies and souls Lastly whereas you call the holy Councel an unlawful Assembly it dependeth upon the Councel at Constance if that was lawful so is this but none doubteth of that but it was lawful and if one will say The Decrees thereof were not lawful then the election of Pope Martin is not valid and if Martin was not Pope then neither is your Holiness who was chosen by the Cardinals whom Martin did create Out of the Epistle of Julian ad Eugen. in Fascic rer expetend Nevertheless Cardinal Julian was perswaded to forsake the Councel and went unto Eugenius Then Lewis Cardinal Arelaten was chosen President of the Councel And Eugenius sent abroad his Bull against the Councel The contents of that Bull will appear by the responsory Epistle of the Councel dated October 29. An. 1437. They shew the scope of the Councel to wit the Reformation of the Church in head and members ..... and the practises of Eugenius in the contrary and the manifold inconveniencies of the Schism namely that as at Corinth one said I am Paul's and another I am Apollo's so now one saith I am the Pope's and another
a Model of presbyterian gouvernment was drawn up and Elders were chosen again This was setled by consent of the Senate so that from the Sentence of the Presbytery it should not be lawfull either for Minister or people to recede Though both Senat and the people did agree thereunto as consonant unto Gods worde yet some not only of the people but even of the chief men did manifest their dislyke of it yea some Ministers which afterwards were found guilty of some wickednesses though they did not openly oppose it yet under hand they wrought against it pretending the example of other Churches where no excommunication was used and some cryed out that it would introduce again a Popish tyranny But he overcame these difficulties by shewing that not only the true doctrine but discipline also must be warranted by the Worde of God and that this hath the approbation of the most learned men of that age as Oecolampade Zuinglius Bucer Melanthon Capito c. which he proved out of their books and telling them that other Churches were not to be condemned which had not proceeded so far nor those Ministers which had found that their people needed not such censure and lastly shewing a vast difference between the Popish tyranny and the easy yoke of the Lord. So that at last the discipline was establisht Novemb. 20. 1541. Nevertheles some loose men would not be tied unto that Discipline but sought to break it especially in the year 1546 Amedius Perrin and ambitious man could not endure Caluins thunderings against his lasciviousness and began to discover what he and his associats had for a time been contriving The Senate took notice of him he held him silent a while but the contrived wickedness brake out more openly for one of the Senate blamed Caluin of falle doctrine The cause was heard before the Senate and that Senatour was condemned of slander and two Ministers which had set him on were conuicted of drunkenness and removed out of their places Caluin shews still that the life of Christianity consists not so much in profession of truth as in the practise of godliness Then Perrin and his associats do appeal from the Presbytery unto the Senate The Presbytery pleadeth their Constitutions agreeable unto Gods worde and setled by autority and therefore that their priviledges might not be infringed The Senate granteth that it should be so and because Perrin would not be ruled they depose him from his Captainship An. 1547. but the next year he was restored by the prevalency of his friends In the year 1552. one Berteler was suspended from the sacrament for sundry faults he craves that the Senate would absolve him Caluin in name of the Presbytery oppones shewing that the Magistrate should preserve and not destroy good discipline of the Church But the false calumnies of the adversary pretending that the Presbytery did encroach upon the authority of the Magistrate prevailed so that in the Common-Councel it was decreed that the last appeal ought to be unto the Senate who might absolve whom they thought fit So Berteler gote Letters of absolution confirmed with the publick seal Then Perrin and his associats hoped for one of two either that Caluin would not obey this mandate and so he would be oppressed by the people or els if he did obey it were easy to contemn the Presbytery and they might follow their licenciousness Caluin understood this but two dayes before the administration of the sacrament in September and in his Sermon when he had spoken much against the profaners of the sacrament said I following Chrysostome will rather suffer myself to be slain then this my hand shall reach the holy elements to those who have been judged contemners of God These words did so prevaile though the men were head strong that Perrin sent privatly unto Berteler and advised him not to obtrude himself upon the sacrament So it was peaceably administed through Gods mercy In the afternoon Caluin preached on Acts 20 where Paul took his leave of the Ephesians and professed that he would neither oppose nor teach others to oppose the Decree of the Magistrates and he exhorted the Congregation to continue in that Doctrine which they had received and seeing said he things are come to this passe give mee leave Brethren to use the words of the Apostle unto you I commend you to God and the words of his grace These words daunted the wicked wonderfully and prevailed much with them all The next day the Common-Counsel was assembled and the whole Presbytery entreated that they might be heard in giving reasons for abrogating the forenamed Act concerning the Appeal This was assented their mindes being much changed and it was decreed that the Act should be suspended and that the judgement of the four Helvetian Churches should be craved therein and in the mean time nothing should be done prejudiciall to the Lawes formerly established Thus the faction was diverted from Caluin but afterwards they sought to bring the storm on Farell who in these dayes came from Neocom into Geneva and in a Sermon sharply reproved the factious partly knowing the equity of the cause and partly relying upon his authority which he had formerly amongst them When he was gone that faction complained that he had done them wrong and procured that one was sent unto the Senate of Neocom to cause Farell appeare at a day appointed Farell came again to Geneva not without danger for that faction cryed out that he deserved to be thrown into the river An honest young man said to Perrin that Farell the common Father of the City should not be wronged and he with another Citizen took upon them to stand by Farell at the day of hearing His adversaties were astonished and of their own accord craved pardon So Farell was dismissed Then came answer from the four Helvetian Cities who unanimously confirmed the Ecclesiastical Policy as it had been before established Behold here what sort of men did oppose the Presbyterian Discipline to wit loose and ambitious men XLI Francis 2. King of France did maintain James Faber and his Persecution in France Printer against the Sobonists and he professed a desire of Reformation when he sought aleagve with the Protestants at Smalcald nevertheless he would not have the Pope to judge so of him and therefore he continued in persecuting them which were for Reformation Who can tell all the barbarities that were committed in France from the year 1538. untill the year 1589. yet for exampls sake we will touch some In that year 1538. Aprile 13. a young gentleman of Tolouse was burnt at Paris for eating eggs in Lent Remarkable was that horrible impiety An. 1545. against the Waldenses in Merindole Cabriers When those heard of the Reformation in Germany they were glade and sent for some preachers by whom they received clearer information and with more courage did avowe the faith of their ancestours They were delated for rebellion against the King and this
licence nor enact constitutions without his consent Item that all cases that were before reserved from the power of the bb unto the Pope were declared to appertain unto the King and his commissioners as to dispense with Canons to divide or unite bishopricks Item all annats or first year's fruits and tyths of Benefices were forbidden to be carried out of the Country and An. 26 c. 3. they were ordained to be payd unto the King as before unto the Pope Item no appellation should be made to Rome Item Peter-pence pensions all such exactions shall cease With express provision that the King nor his subjects shall not intend to vary from the articles of the Catholick faith of Christendom Item the degrees of consanguinity affinity that are prohibited by the law of God were explained published The Kings marriage with Catherin was declared unlawfull and his marriage with Anna daughter to the Earle of Wiltshire was approved The excommunication of the King was affixed on the church-doors of Dunkirk because the Nuntio durst not come into England But the King proceeds in parliament An. 26. c. 1. renouncing and causing the subjects to renounce the Pope and establishing the Papal authority in his own person The oath of the clergy unto the Pope is made void and they are ordained to give their oath unto the king The bb and Doctours of Divinity and of both lawes do both by word write and in their Convocations confirme all that the king had done in Parliament Jo Fisher Bishop of Rochester and Thomas Moore refuse to subscribe therefore they were committed Pope Paul hearing of Fisher's constancy as they called it there creates him a Cardinall for he said The King will not put hands in a Cardinal but ere the Bull came the king had intelligence of it and caused to execute the Bishop and Thomas Moore An. 1535. It was the just judgement of God on them for they had incensed the king against many Martyrs namely Fisher caused his Dean Do. Parker to take up and burn the body of William Tracy an Esquire in Rochester-shire after it had lyen in the grave three years because he said in his latter Will he would have no pompe at his buriall and he trusted in Christ only hoping to be saved by Him and by no Saint Tho cooper at An. 1532. Likewise lest the Pope did provoke other Princes against king Henry he sent Ambassadors with Letters and informations unto the Emperour the kk of France .... entreating them to keep amity The summe of his Letter unto James V. king of Scotland was Forasmuch as the Pope without the knowledge of the Emperour or French king or Germane Princes hath excommunicated King Henriâ—â— Letter uâ—â—o king Iamâ—â— V. against the Pope and Card. mee and now the Popes Nâ—ntio the Cardinal of Scotland is arrived with commission as I hear it brooted but have no intelligence to practâ—ze some anoisance by his pretended censures against mee thy uncle Therefore I premonish and require thy Grace and most heartily pray thee to consider 1. the Supremacy of Princes granted by the holy Scriptures unto mee and other Princes in their Churches 2. to weigh what Gods word calleth a Church 3. what superstitions idolatries and blind abuses have crept into all realmes to the high displeasure of God 4. what is to be understood by the censure excommunication of the Church and how no such censure can be in the power of the Bishop of Rome or of any other man against mee or any other Prince having so just ground to avoide from the root and to abolish so execrable authority which the Bishop of Rome hath vsurped and vsurpes upon all Princes to their great dammage My request therefore to my nephew is to consider of what moment it should bee unto yourself having your subiects evill instructed in the premisses if you agree unto such censures and by such example give upper-hand over yourself and other Princes unto that vsurper of Rome as is like to happen in other places of Christendom where the true declaration of the word of God shall have free course to scourge them unless they will adore and kiâ—â—e the foot of that corrupt holiness which desireth nothing but pride and the vniversall thrall of Christendom under Rome's yoke I aâ—so premonish your Grace that you would not receive the Popes Cardinal into your Countrie for he will not be content to be next unto you but assuredly he will be equall yea and usurp over you and be a heavie burden unto your conntrie as experience teaches in England c. After this Henry enioyeth peace notwitstanding all that the Pope wrought against him Jo. Fox Act. moni But upon this occasion the King of France was persuaded by the Pope not to pay as he was wont yearly 95000 Crowns and other 10000. crowns as a Treatie of peace betwixt the kingdoms did specifie In the year 1536. Q. Catherin died Q. Anna and her brother were beheaded with Henry Norreys and Francis Weston and other two gentle men of the bedchamber for what cause it is not known â—aith Jo. Foxe but within three Dayes the king married Lady Jane Seimer First by a Convocation and then by Parlament An. 32. Henry VIII his marriage with Lady Anna was declared unlawfull no reason is alledged in the Act and he excludes his daughters Mary and Elisabet from succession and declareth the Crown to appertain uâ—to the heirs to be begotten In the next year prince Edward was borne and within 12. dayes his mother died Then by determination of Synods and Sentence of both Universities it was acknowledged that unto the king did belong the title The Supream head of the Church that is as they expounded it under Christ the Supream member of the Church within his own dominions to commande for trueth and not against trueth Fran. Mason lib. 3. c. 3. According to this title he began Steps of Reformation to consider the estate of the Church by advice and prudence of the godly Lord Cromwell and others of his Counsell he understood that the corrupt estate of the Church had need of Reformation in many things yet because so many superstitious persons were to be turned from their olde customs he procures an Act of Parlament An. 32. of his reigne that whatsoever article of faith and declaration of other expedient points the Archbb. Bishops and a great number of the learned Doctors with consent of the King shall think needfull expedient together with their determination of other points and ceremonies in Divine Service shall have the strength of an Act of paâ—liament Then he would not Reforme all at once but purposing to lead them softly he intendeth to proceed by degrees First he publisheth a litle book bearing the inscription Articles deuised by his Highness to estable Christian quietnes vnity In this were 1. the articles of the Creed necessary to be believed by all men 2. the doctrine of
Counsell Nobility and Commons to be the only Heire and was crowned January 15 with many glad hearts all the Bishops except Owen Bishop of Carlile refuse to perform the solemnities of the Coronation because of her Religion At her coronation she did secure the kingdom by oath that she shall not marry a stranger nor would she make open declaration what doctrine she would follow only she set free all the prisoners for Religion many hundreds and promiseth that when she shall be established in her governement to establish religion by advice of Parliament and of learned godly men and causeth it be proclaimed that in the mean time none shall alter any ceremonies unless it be according to the rites of her own chappel and these were as it was ordered in her fathers time Speed Cambden She sendeth to make account unto the Pope of her assumption He answereth That kingdom was held in fee of the Apostolick See and it was her presumption to vsurp the name of Queen without his knowledge therefore she deserveth not to be heard unless she renounce her pretensions and submit herself unto his free disposition This soundeth harsh both to her and to the counsel therefore she will treat no more with him PeSoave in conc Tride Then knowing the difference of opinions in religion among her â—ubiects and willing to satisfie both parties according to reason she calleth a Parliament and by common aduice appointeth a Conference of eight persons on either side that after debating of reasons they might come to an happy agreement The persons were named the day appointed the questions were for the first concerning the vulgare tongue in Divine Service and the communion under both kindes order was prescribed that for avoiding heat of contention they shall not dispute by word but both parties shall write their reasons and give them in the first day and answers shall be prepared against the next day and all to be in English that every one may receive information Both parties were content But when the day was come the Papists alledge they understood not the ordinance concerning the disputation in write and they will dispute by voice only The second day they were pressed more instantly but as despising authority nor regarding their own credite or rather being convinced in their consciences they still refuse The third day both parties were required â—o produce their books and opinions All the Popish party excep the Bishop of Westminster plainly deny to let their books be read some spake unreverently even of excommunicating the Queen Sir Nicolas Bacon Lord Keeper and Nicolas archb of York were named by the Parliament to be Iudges of the Conference they take this carriage as a contempt both of Nobility and Commons as also of her Roiall Majesty Then the Bishops were required to give their oath of allegiance and Supremacy as in King Henry VIII time They refuse this also Wherefore the Bishop of Winchester who had shewed more folly than others was committed to the Tower afterwards he was set at liberty Boner Bishop of London who was the chief butcher in Mary's time was committed to the Marshall-sea some fled out of the Country and others were charged to answer before the Counsell some were confined not one more imprisoned and all the exiled bb and others in Q. Mary's time were recalled Franc. Mason Lib. 3. c. 1. A Parliament was held at Westminster where was much debate in matter of Religion and hote study on both sides In the goodness of God the Gospell had the upper hand the hope of the Popish falleth their rage is abated the supremacy of the Pope is denied the bloody Statutes of Q. Mary are repealed popish bb were deposed and good men put in their rooms the Masse is abolished altars are appointed to be removed and tables set for them the zeal of many pulling down the altars before that Act was approved Jo. Foxe in Acts. In a brief view behold the hand of God toward her afterwards 1. The king of France pretending right by his Queen Mary intended to inuade England but he was taken away II. Philip king of Spain sought her in marriage she abhorred that because he had married her Sister Therefore he sought to match her with Charles son of the Emperour Ferdinand but to the end he might bring the Nation to the house of Austria and because She refused he became her utter enemy yet to her greater glory 3. An. 1562. Arthur Pool of the house of York intended to bring an Army from France into Wales but he and his confederates were discovered before the execution of the plot and were condemned 4. As before the French king so again Philip sought â—ft that the Popes would accurse her that so he might have pretext to inuade her kingdom God hindered Paul 4. and Pius 4. from decerning it and more followes VI. In Aprile An. 1558. Walter mill priest of Lunan in Anguise was VValter mâ—ll martyr accused by the Bishop of Santan drews for leaving the Masse and that therefore he and John petrie priest at Innerkilor were condemned by the late Cardinal to be burnt wherever they should be apprehended Walter answered I served the Cure there before the Cardinals time 20. years with the approbation of all the parishoners but when the furious Cardinal persecuted mee and many more for the preaching of Godsword I was constrained to keep myself quiet and I went about reproving vices and instructing people in the grounds of Religion for which cause now I am taken When he was brought to triall in the Church before the Bishops of Santandrews Murray Briechin Caitnes the Abbots of Dumfermlin Lundors Balmerino and Couper and many Doctors of the University he looked so feeble partly by age and partly by hard usage that it was feared none could hear what he would answer yet he delivered his mind with such courage that his enemies were amased At first he kneeled to pray Andrew oliphant a priest said Sir Walter mill get up and answer for you keep my Lord here too long He continued yet praying and when he arose he said I should obey God more than man I serve a mighter Lord then your Lord is and whereas you call mee Sir Walter they call mee Walter and not Sir Walter I have been too long one of the Popes Knights now say what you have to say Oliphant asked What thinkest thou of priests marriage He answered I think it a blessed bond ordained by God approved by Christ and free to all sorts of men but yee abhor it and in the mean while yee take other mens wives and daughters yee vowe chastity and keep it not Oliphant sayd Thou sayst that there are not seven sacraments He answered Give us baptisme and the Lords Supper take yee the rest and part them among you Oliphant Thou saist the Masse is idolatry He answeres A Lord sends and calleth many to a dinner and when it is ready he tolleth the bell
expedient unto his See to send unto the Legats they consider the precedents of other faculties and dare fallow none of them at last a Bull was framed with this clause He sends them as Angels of peace unto the councel and gives them full authority to preside there to ordain whatsoever Decrees to hear propound conclude and to execute whatsoever were necessary for the honor of God and increase of the Catholick faith to REFORM the estate of the Catholick Church in ALL her members ecclesiastical and Secular of whatsoever preheminence though graced with Pontifical or Royal dignity and to do any thing fit for extirpation of heresies and for reducing them who have departed from obedience of the Apostolicall See for preservation and restoration of ecclesiastical liberty with condition that in all thing they proceed with consent of the Councel Then calling to mind what encounters befell unto Pope John in Constance when he sent his Nuntij unto the councel of Pavia he sent unto the Legats a privat Breve with authority to prolong dissolve or transfer the councel unto what place they shall please This was a designe to cut off all contrary purposes unto him The Legats arrive at Trent March 13. but found no Prelats there excep the Cardinal of Trent after ten dayes Orators came from the Emperour and Venice to assist the Synod then came the Cardinal of Madruccio and three Bishops On the first day of their arriving the Legats granted indulgence unto all there present for three years and so many fourty dayes Then they consider their Bull of faculties and with resolution to keep it secret they sent advice unto Rome that the condition annexed in the end of it did ty their hands and made every petty Prelat equal unto them Their reason is thought good and another was sent giving them absolute authority After this was seen they profess to communicat their most inward thoughts unto the Ambassadors and Prelats wherefore when Letters came from Germany or Rome they all assembled together in the lodging of one But the Legats advise the Pope that upon every occasion one Letter should be written for common view and the secret designes should be written apart Tâ—e first doubt was for precedency whether Don Diego the Emperours Ambassador or the Cardinal of Trent should have the first place at last it was agreed that their chaires be set so that none may know which of the two were preferred The next scruple was for opening the Councel on the one side it moved them that no Prelats were come but four and on the other side the fear of the Turkish warrs required hast The Pope sent resolution to open the councel on the first day of May without longer delay on that day the Legats shew that they had received commission to open but shew not the particular day only They held a congregation which was spent on ceremonies that the three Legats should have a like apparel and ornaments that the place of Session should be adorned wich hangings of Arras whether seats should be prepared for the Pope and the Emperour whether Don Diego should have more honorable place then other Ambassadors whether the Elector-Bishops being Princes should sit before other Bishops and archbishops and it should prejudge no man if they have not their own place at this time Before May was ended twenty Bishops were come and five Generals of Monks they were also soon wearied with expectation and would have returned but were entertained by the Legats with hope of opening the Counsel shortly Don Diego would not stay longer and upon pretence of â—ndisposition he went to Venice In the end of Juny some Prelats complained grievously untill a supply of 40. Ducats was promised unto them Some obiected that their staying was like to have no effect because the Emperour was medling with Religion and to that end had appointed Colloquies therefore sundryes withdrew themselves pretending several causes The Pope considering that the Emperour held things in suspence and affected not the councel if he might atchieve his own designements in Germany began to condem himself that he had proceeded so far and yet it seemed scandalous to dissolve so small a convention and on the other side he judged it clear that a Synod was a fit remedy against the heresies as he spake and he feared that the Emperour would crave an halfyears fruits and vassalages of the monasteries in Spain as also what might be the event of that Colloquy in time of the Counsel While he thus is wavering he resolves and sends unto the Legats a Bull of faculty to transfer the councel to the effect he may drive off time at least And also he sent the Bishop of Caserta unto the Emperour craving either to begin the councel or suspend it or to transfer it into Italy The Emperour would yeeld to none of the three In the end of October he yeelds to open the councel but so that they begin with Reformation of the Clergy and medle not with points of doctrin lest the Protestants be incensed This course was thought at Rome to favour the hereticks and to curb the Papal power Nevertheless they will not seem to take it ill and ordaines the first Session to be held December 13. and to handle principally matters of doctrin and if a reason must be rendered it should be answered To entreat of Reformation of manners only were contrary unto all former examples On December 12. a congregation was held and the Prelats consulted what is to be done in the Session The Bishop of Estorga said The Legats should read their Bull and all the others consented The Legat De Sant Cross considering that the publishing of their large authority might breed danger of limitation answered In the Councel all are one body and therefore it were necessary to read the Bull of every bishop to shew their institution from the Apostolick See and this were tedious seing more are coming So that motion was put off When the. 13. Day was come the Pope published at Rome a Bâ—ll of Jubilee declaring that the opening of the councell was to cure the wounds of the Church done by hereticks and exhorting every one to assist the assembled Fathers with their prayers and for this effect they should confess themselves and fast three dayes in which time they should go in processions and receive the blessed sacrament and he granted pardon of all sin unto all that did so The same day at Trent the Legats caused a large admonition to be read shewing that it is the duty of every one during the councel to advertise the Prelats of all occurrents and declaring the three ends of the councell to wit extirpation of heresy reformation of Ecclesiastical disciplin and regaining of common peace whereof the first and last inconvenients were the effects of the second for it can not be denyed that the people as saith the Prophet have committed two evils they have forsaken the fountain of living
by our Master Christ Jesus we are taught in these words In vain Do they worship mee teaching for Doctrines the precepts of men So without respect of men those did cleave unto the Word of God and did iudge What soever is without the Word either in doctrine or religious worship or in Ecclesiastical discipline can not be accepted of God as service when he requires it not But England upon account that those who had been enured with Popish doctrine and superstitions might be the more easily allured to forsake that doctrine if the rites and discipline were retained and hoping as is hinted in the former part that by time a more perfect Reformation might be attained took this prudential course as it is called trusting especially that bishops and priests might be the more easily enduced to joyn with the Reformation So both in the Confession in King Edwards time and in the articles of the Convocation An. 1564. or according to the English Style 1563. they allowed liberty unto dissenting judgements and made large expressions and capacious words being loath to drive off from the communion any who differing in the branches meet in the main grounds of religion Those things that were retained upon such plausible motives had a twofold influence Such is the nature of humane corruption to wit 1. one superstition draweth-on another as a link of a chain If this may be used why not that 2. what was at first retained by way of toleration condescension was afterwards pressed upon mens consciences by authority that men must conform in practise of rites and to the opinion of Superiors or suffer punishment The first particular exception was made by the Papists against the The Head of the Church and Supream Iudge in al causes title The Head of the Church which was given unto King Henry and The Supream Iudge in causes Ecelesiastical which was given unto Queen Elisabet They excepted against this alwayes but the first that hath written of it was Harding in his pretended refutation of Englands Confession Bishop Jewell answereth him in his Defence of the Apolog. part 6. cap. 11. divis 1. saying Concerning the title The supream head of the Church wee need not search the Scriptures to excuse it For 1. We devised it not 2. We use it not 3. our Princes at this time claim it not Your Fathers first enrituled that noble Prince King Henry VIII with that unused and strange Style as it may wel be thought the rather to bring him into the talk and slander of the world Howbeit that the Prince is the highest Iudge and Governor over all his subjects whatsoever alswel priests as laymen without exception c. He insists at length upon this purpose as also Doct. Fulk against the Rhemists Annotations on Matth. 22. and others I shall add the Answer of Thom. Bilson sometime Warden of Wincester unto the Jesuits Apolog. Lib. 2. where the Iesuit or Philander saith You would have our faith and salvation so to hang on the Princes will and lawes as if there could be no nearer way to religion then to believe what our temporal Lord and Master list He answereth It is a cunning when you can not confute your adversaries at least to belie them that you may seem at least to say somwhat against them indeed your fourth chapter is wholly spent in refelling this position which we detest as much as you Philander replieth You begin to shrink from your former teaching He answereth in name of Theophilus You will never shrink from your former facing Did ever any man on our side affirm the Princes will to be the rule of faith have we not earnestly written and openly taught that religion must not depend on the pleasure of men Have not thousands here in England and elsewhere given our lifes for the witnes and confession of Gods Truth against Princes Lawes and Popes decrees In Spain France and Italy and other places at this day do we not endure all the torments you can devise because we will not believe what temporal Lords and Masters will your conscience knowes it is ttue that we say Why do you then charge us with this wicked assertion from which we be farther off then you For you hold opinion of Popes they can not err we do not of Princes Why do you Father your fancies upon us why do you purposely pervert the question heaping absurdities and alledging authorities against that which we do not defend Philander The oath which yee take yourselves and exact of others induces us thus to think of you for there you make Princes the only supream Governors of all persons in all causes aswell spiritual as temporall utterly renouncing all forrain jurisdictions and Superiority Upon which word mark what an horrible confusion followes If Princes be the only Governors in ecclesiasticall matters then in vain did the Holy Ghost appoint Pastors and Bishops to govern the Church If they be Supream then are they Superior to Christ himself and in effect Christs Masters If in all things and causes spiritual then they may prescribe unto the Priests and Bishops what to preach and which way to worship and serve God how and in what form to Minister the Sacraments and generally how men shall be governed in soul If all forrain jurisdiction be renounced then Christ and his Apostles because they were and are forrainers have no jurisdiction nor authority over England Theophilus VVake you or dream you That in matters of no less weight then your duty to God and the Prince you fall to these childish and pelting sophisms VVhat kind of concluding call you this Princes only bear the sword to command and punish Ergo Bishops may not teach and exhort Princes are not subject unto the Pope Ergo Superiors to Christ They may by their laws establish what Christ hath commanded Ergo they may change both Scripture and Sacraments No forrainer at this this day hath jurisdiction over this Land ergo Christ and his Apostles 1500. years ago might not preach the gospell Philand We make no such reasons Tâ—eop The former propositions are the true contents of the oath we take the later are the very absurdities which you infer upon us fortaking the oath ..... Philan. Do you not make Princes supream Governors of all spiritual things Theoph. you reason as if we did but ourwords since you will rest upon words are not so Philan. What are they then Theoph. We confess them to be supream governors of their realms and dominions Philan. And that in all spiritual things and causes Philan. Not of all spiritual things and causes Philan. What difference between those two speeches Theoph. Just as much as excludes your wrangling we make them not governors of the things them selves but of their subiects which I trust you dar notwithstand Philan. I grant they be Governors of their subjects bur not in ecclesiastical things or causes ..... Theoph. Where we profess that her highness is the only Governor of
Commissioners in the foresaid Synodall Conuentions and there receive solution Or if any question shall be hard for them the Superintendent or Commissioner shall present these hard questions unto the next generall assembly and there receive solution With certification that none shall heerafter be received in the gen assembly from a particulare Minister 5. All Superintendents and Commissioners of visitation are ordained to advise with their first Synodall Convention and as they shall judge expedient to appoint a fast within their own bounds in respect of the present troubles of the Country And also that they appoint certain Brethren to use all means of unity and concord among the Nobility 6. Where Ministers have not been in practise of excommunication or their execution is like to be contemned the Superintendent or some other sufficiently qualified and authorized by the Synod shall execute the same 7. Promise of marriage should be made per verba de fuâ—uro before the Minister taking caution for abstinence untill the marriage be solemnized 8. If a man ravish a young woman against her will and the will of her Parents and strick her parents under silence of night and the Magistrat correcteth not the offender whither may that particular Church proceed with admonitions unto excommunication for remouing the scandall Ans It is lawfull 9. If a woman commit fornication and suffer the same man thereafter to marry her own sister And hearing their bans proclamed by conceiling the crime shee is guilty of the incest following and both she and he should be censured as incestuous and the second woman can not be his wife 10. It is altogether unlawfull that any Minister of Gods Word shall receive any Benefice by presentation under paction made with the Patron tending to Simony to wit that the Patron shall have a great part of the tiths and a Minister shall have a small portion thereof It is to be marked that where the appointing of a fast is referred unto the advice of Observations the Provinciall Synods this was done because in some Provinces the party adverse unto the King was so strong that Ministers durst not pray for conservation of his Authority Secondly it may be seen in all these Assemblies that superintendents and commissioners of visitation had a lyke power in their own bounds and neither the one sort nor the other had power to do any thing belonging to discipline by themselves or without advice of their Synodall conventions yea and somtime what was done by the Superintendents was referred unto some Ministers to be examined and censured Thirdly observe that howbeit the country was divided and both parties were strong yet they both gave way unto the Assemblies and professed to matintain the true religion and liberties of the Church The Assembly The 21. Assembly convenes at Sterline August 6. Gilbert gairden Ministers at Monifieth is chosen Moderator A Letter was deliuered unto the Assembly and sent A Letter from Iohn Knox. by John Knoxe this is printed with some omissions I set it down as it is in the books of the Assemblies thus The mighty Spirit of wisdom and confort in God remain with you Dear brethren if ability of body would have suffered mee I would not have troubled you with this my rude ditement I have not forgote what was layd to my charge by infamous libels in the last Assembly and what a brag was made to accuse mee personally at this Assembly which I pray you to hear patiently judge of mee as yee will answer unto God for unto you in that matter I submitt myself being assured that I neither offended God nor good men in any thing that hitherto hath been layd unto my charge And now Brethren because the dayly decay of naturall strength thereatneth unto mee certain sudden departing from the misery of this life of love and conscience I exhort you yea in the feare of God charge and command you that yee take heed unto yourselves and to the flocks over which God hath placed you Pastours To discourse of the behaviour of yourselves I may not but to command you to be faithfull unto the flock I dar not cease unfaithfull and traitors to the flock shall yee bee before the Lord JESUS CHRIST if with your consent directly yee suffer unworthy men to be thrust into the Ministry of the Church under whatsoever pretence it shall bee Remember the Judge before whom yee must make account and resist that tyranny as yee would avoide hells fire This battell I grant will be hard but in the second point it will be harder that is that with the like uprightness strength in God yee gainstand the merciless devourers of the patrimony of the Church If men will spoil let them do it to their own perrill condemnation but communicate yee not with their sins of whatsoever estate they bee neither by consent nor by silence but with publick protestation make this known unto the world that yee are innocent of robbery which will ere it be long provoke Gods vengeance upon the committers thereof whereof yee will seek redress of God man God give you wisdom and stout courage in so just a cause and mee an happy end At Sant Andrews August 3. 1571. Your Brother in Christ Jesus 2. The Assembly appoints certain commissioners to reason and conclude upon the heads articles and desires presented in the Regents name unto this assembly and to propound the humble requests and desires of the Assembly in such articles and redresse of complaints as shall be given unto them by the Church the one and the other to be conclâ—ded conform to the instructions that shall be delivered unto them These Commissioners were three Superintendents four Commissioners of visiting Churches two other Ministers and eight Barons or any elleven of them To compeare in Stirlin the 22. day of this instant to Counsell and reason c. As in the commission given in the last assembly c. The first part of this Letter is to be understood of the threatnings which the adverse party unto the King had belched out against Joh. Knox and as it seemes they thought to had an assembly of their own color But he could not live in Edinb for fear of them and went to Santandrews there also he had litle rest and was vexed by some of that sort For understanding the rest of that Letter and also the Commission granted by the Assembly I shall here first marke an Act of the ensuing Parliament num 38. Forsomuch as diverse subjects have sundry lands and possessions obtained by them or their predecessors in heritage of Priors Prioresses Mothers Convents of sundry Friers or Nunnes places ... and now ... these Superiors are for the most part deceased and no others placed nor to be placed in their rowms ..... whereby the heires of these fewers .... shall get no entry to their lands heritages .... for remedy thereof it is statut ordained that all fuers
horning to cease from all proceeding against him to excommunication 8. Blasphemous railing against the Ministers in pulpite since his suspension and oft before And in summamanifest contempt of the ordinance of the Church and stirring up a fearfull schism betwixt some of the Nobility and the Church All which being tryed partly by his own confession partly by the process in the Gen. assembly last in Edinburgh and by the process declared by the Eldership of Sterlin and partly by testification of good and godly brethren was found all to have fallen in his person and him to be culpable thereof for the which hainous and unworthy crimes the Assembly voteth and concludes the said Robert not only unworthy to serve in the Office of the Ministry but to be deprived thereof perpetually the sentence of excommunication to strick upon him unless he prevent the same by repentance The Lord of requests craves that the pronouncing of the said sentence may be delayd untill the King be advertised The Assembly continues their answer till after noon In Sess 9. a letter being written in name of the Ass unto the K. was read and thought good to be delivered unto the Lord of requests whereof here is the tenor Please your Maj. Wee have received your Gr s most loving letter directed unto us by your Gr s Commissioner Mark Ker Mr of requests and are compelled to burst out with most humble thanks unto our good God who of his mercy hath given us â—o godly a King carefull and wel-willing that God be glorified and his Church within your M. realm maintained as plainly appeares by the articles by your G. propounded whereunto with all diligence we began to make answer but in such shortness of time and such strait whereunto we were brought by certain Letters raised at the instance of Mr Robert mongomery wee are altogether stayd in that many other godly actions for upon the. 27. day of this instant the Assembly being occupied in godly and modest reasoning of weighty matters he caused an officer of armes to enter irreverently and under pain of horning commanded the wholl Church from all proceeding against him for whatsoever cause or enormity committed in his wicked attempts A thing that was never heard nor seen since the world began whereof we must lament unto yout Gr. and having no other refuge under God most humbly crave that by these extraordinary charges directed against the word of God and Lawes of your Gr s Countrey we be not constrained either to betray the cause of God by bearing-with and winking at horrible crimes manifest to all men in the person of the said Mr Ro. or to be reput and accounted disobedient to your Majesty in whose service wee have been are and shall be ready to spend our blood lifes Beseeching your Gr. wee may find this grace and favor in your Ma s sight to keep our conscience clean before God and reserve ourselves unto him who hath given us the charge of his inheritance This most reasonably request wee doubt not but to obtain at your Majesty our particular reasons being heard and considered which wee mind by Gods grace more largely to expound by certain brethren directed unto your Majesty and with a full answer unto the foresaid articles In the mean time wee beseech your Ma. not to give eare to the sinistrous report and wrangous information of men who by such dealings go about to draw your Ma. heart from your true faithfull subjects and by this unhappy schism to overthrow the Church of God within your Gr s country and for their own particular gain banish Christ and his word which God of his infinite mercy forbid and preserve your Gr. body and soull for ever From Santandrews Aprile 27. 1580. When this Letter was directed The assembly after voting concerning the sentence to be pronounced against Robert mongomery deprives him from all function of the Ministry in the Church of God during the will of the Assembly and more decerned the sentencce of excommunication to be pronounced in face of the assembly by the voice and mouth of the Moderator present against him to the effect that his proud flesh being casten into the hands of Sathan he may be winne again if it be possible unto God and the said Sentence to be intimated by every particular Minister at his own particular church in his first Sermon to be made by them after their returning The pronunciation of the said Sentence being stayd untill moonday at nyne hours because of the compearance of the said Rob. who hath Ro. Mongomery renounces his appellatioÌ„ renounced the appellation interponed by his procurator in his name and by himselfe that day before noon from the sentence of the Church and craves conference to be granted unto him of the most godly and learned brethren this the Church granteth untill moonday at nyne a clock upon condition he remain and wait upon the doctrin and conference of the brethren and make no novation or new charge against the Church He promiseth to attend upon the doctrin and conference of the Brethren the morne all day and he shall neither use nor purchase any new charge in tbe mean time if the Church use none against him And moreover the Assembly ordaines prajers to be made tomorrow after the sermon by him who shall occupy the place for the time In Sess 12. to the end the brethren may know what And submitts to the Assem fruit hath followed upon the Conference with R. Mongomery he is demanded to declare in the presence of God the simple truth of the accusations that were layd to his charge After prayer that God would be mercifull to him he confesseth as followes 1. He confesses the command given to him by the Reader at Sterlin to desist from his Office 2. He grantes that he had baptized children gotten in fornication but he took caution of the parents that they should satisfy the Church but this was not in presence of the Elders or Session 3. He remembereth not that ever he preached the circumcision of women 4. He made promise to the presbytery of Sterlin to wait on his charge of the Ministery there which he hath broken 5 He confesses that on March 20. the presbytery of Sterlin told him of the suspension bâ—t he was not certain of it because hee had not heard the process of it 6. He declares that howbeit he knew not the raising of many Letters against the brethren yet he keeped the ordinaâ—y diets thereof 7. He grantes the usurpation of David Weems flock wherein he confesses he had heavily offended 8. He confesses he had heavily offended against God and his Church by procuring and raising Letters against the Gen. assembly and in accepting the Bishoprick of Glasgow without advice of the Assembly and in proceeding by this form of doing which he hath used for the which he submits himself unto the will of the brethren and is willing to abide their
and all the reasonings were ended before midday and the same day they conveened in their sixth Session But the author of The Historicall Narration saith The advice of the brethren was approved but again altered through pretended haste and otherwise conceived and set down in the register no reasoning was in publick Which of the two is to be believed I leave to decide The fifth article which the Ministry propound unto the King is not answered in the book and B. Spotswood supplieth the third saying The King esteemed the Ministers most guilty and knew not what course to take with them It being replied that by examinations taken it appeared that they all especially Robert Bruce was a chief instrument in staying the tumult and therefore they should be rewarded rather than punished He answered Granting they did stay the tumult yet they were the cause of it and if they were they were first corrected for that fault he would not be much troubled with their reward not the less at theassemblies request he will be contenr they be relaxed upon caution to underly tryall of law And in the next page he saith The Ministers were permitted to return and had their peace granted but not suffered to preach in their places the King taking now the occasion of finishing the work which some two years before had been moved for distributing the people of Edinburgh into severall parishes and planting moe Ministers among them Here I add a remarkable comparison of preceeding Assemblies with this and others following as it is word by word in The Hist Narr 1. Before the spiritual A comparison of Assemblies office-bearers appointed time and place of meeting after they were appointed where when it pleased the King 2. They were directed by the word of God after by the Kings letters commissions or speaches 3. Before matters were propounded in simplicity of heart and brethren were directed to seek light out of the word by conference meditation prayer after courses were plotted in the Kings Cabinet and all meanes were used for execution accordingly and impediments removed every man is observed and either commended or censured as this man is the Kings man an honest man a discreet man a peaceable man he goeth this way That man is seditious brain sick factious he reasoneth in the contrary 4. Before matters were discussed at length pleasantly without contrrolement and the wholl number acquiesced to reason Now if a man that stands for the truth insist and can not be shifted with a frivolous distinguo the King if he be present falleth upon him beares him down and puts him to silence 5. Before the common aim was at Gods glory and the good of the Church the presence of such as were learned zealous holy and powerfull preachers procured good order reverence to the Assembly Now the Prince's presence or purpose is only regarded an honest man is taunted mocked either by gesture or speach 6. Men of best gifts before had free accesse and their gifts were employd Now plots are layd down how none shall have place but such as will serve to the purpose 7. Before matters were put to deliberation and to voting freely indifferently now nothing is suffered to be agitat in publick but that which the Kings men are sure to carry with plurality of voices and to this the catalogue of Commissioners names must be viewed that they may know who will vote with them and who against them and when the roll is called the wonted order is not observed but as at this last Assembly such are called as favor the course 8. In a word the advancement of Christs Kingdom was sought before now the chief care is to frame conform the policy of the Church to the estate of a free Monarch and to advance his supream and absolute power in all causes Wee shall have occasion to point at more in parriculare afterward The same author shewes that the innocency of the Ministers of Edinburgh was tryed and found by the tryall of others D. Black was suffered to return out of his confinement to Santandrews This shew of calmness made many the more secure and in the mâ—an time the plots were a laying The next Generall assembly was held in May at Dundy when it was lawfully begun by the doctrine of Robert Pont the last chosen Moderator the members were wearied with attending on Robert Rolock's coming whom the King intended to have Moderator he was a godly Iearned man but credulous not so fitt for Government and disciplin as for the pulpit and schools nor was made privy to all the mysteries of iniquity The 60. Assembly that were then in working but only so far as the plotters thought needfull His old Master Thomas Buchanan was now wonne to the Kings side and tooned tutored him as he saw fitting they thought the estimation men had of him would enduce many to their course so much travell was taken in his election The Ministers that were acquainted before brought others of any note to be acquainted with the King this was their exercise morning evening After that terrors and threats were carried to Andrew Melvin to drive him out of the town the King sent for him and after some rough conference was dimitted calmly So far in that place Before I enter upon the Acts of this Assembly it is to be marked that B. Spotswood saith here In this Assembly Mr Robert Rolock was elected to Preside thogh he was not as yet in orders It is doubted what he meaneth here seing the Christian world knowth that Robert Rolock was a famous Minister many years before that time as is cleare by his learned Commentaries namely that on the Ephesians was published in the year 1590. as the epistle in the reprintings do still carry and the tittle page calleth him Minister of Edinburgh I omitt that he was a member of severall assemb before Wee may guesse at one of two causes why he hath wirtten so one that he thought imposition of hands to be the proper work or prerogative of prelats and so where is no prelate can be no ordination But by what law certainly not by a law of God Where is it By the ordinance of man he would say That was not universall before Popery prevailed as is before in Century XI nor after the Reformation as appeares by the Churches of France Low Germany Helvetia c. and also of Scotland where episcopacy was abjured and also condemned by Acts of Parliament yea and the word Order in that sense is a meer Popish term never known in the world but since they devised the degrees of the Catararchy or as they call it Hierarchy yea and the Papists hold that imposition of hands is but accidentary or not necessary unto Orders seing our Savior layd not hands on this Apostls as Bellarmin de ordin sacram witnesseth of some PP and Schoolmen judging so For clearing this doubt is a question Which of these two
their grievances And to give their advice unto his Majesty for avoiding any danger which may likely fall out in prejudice of the Church as also if his Majesty find him grieved or crave redress of any enormity done by any Mini. that they or any nyne of them shall sit and cognosce upon the matter with the advice of some of the discreetest of the presbtery where the offender dwelleth as they shall tkink expedient Finally with power to propound unto his Majesty at there conventions all the petitions both of the Assembly in Generall and of every member as shal be meaned unto them Concerning this part of their power to censure Ministers the King declares that howbeit it be generall yet he intends nor to trouble the Commissioners with any such causes unless first it be notoriously known that the Presbytery where the offender shall dwell hath both known the fact and hath altogether neglected the tryall of it or satisfyeth not his Majesty with the punishment of the offender XII In Sess 11. Forsomuch as the Commissioners of the last assembly had upon an earnest zeal which they did always bear to the good of the Church given-in certain articles unto the late Parliament in December concerning the liberty of the Church and specially had craved that the Ministry as representing the true Church of God within this realm and so being the third Estate of the realm might have vote in Parliament according to the laudable Acts constitutions made before in Parliament in favors of the freedom of the holy Church Which their travells endeavours proceeding upon a godly intention they now submitt unto the censure of the Assembly desiring the brethren to allow or disallow the same as they shall think most expedient to the glory of God and establishing true religion within this realm Whereupon the brethren being advised allowed the honest and godly intention of the Commissioners as conform agreeing with sundry acts of other assemblies in which it hath been found expedient that the Church should vote in Parliament Then the King willing to declare his good intention that he hath always to the establishing of the true Church of God declared that for the better performance thereof he had assisted the Commissioners in craving vote in Parliament which their suit albeit in some part and in a certain manner granted by the Parliament yet the aceptation thereof the form and all the circumstances of the persons were reserved to the Generall assembly to be accepted or refused as the Church shall think expedient And seing he had anticipated the appointed time of the Assembly and desired the brethren to conveen at this present time especially for the cause foresaid therefore he desireth that the brethren would enter into a particular consideration of all the points of the said Act and first to reason in publick audience Whither it be lawfull expedient that the Ministry as representing the Church within this realm should have vote in Parliament or not This question being debated in utramque partemâ— and thereafter voted the Assembly concludes that it is necessary expedient for the well of the Church that the Ministry as the third Estate of this realm in name of the Church have vote in Parliament In Sess 12. Concerning the number of Ministers who shall have vote in Parliament it is likeways concluded that alâ— many of them should be choâ—en as were wont to be in time of the Papisticall Church to wit Bishops abbots priors 51. or thereby 3. After reasoning it was voted concluded that the election of these who shall have vote should be of a mixed quality and appertain partly unto the King and partly unto the Church 4 And because for shortness of time the brethren can not be presently resolved concerning the office of him that shall have vote in Parliament to wit de modo eligendi of his rent of the continuance of his office whither ad poenam or not of his name of the cautions for preservation of him from corruption and such other circumstances therefore the Assembly ordaines every Presbytery to be ripely advised in the particulare heads and then to convocat their Synods throgh all the Countrey upon one day which shall bee the first tuysday of Juny next and there after new reasoning upon these heads that every Synod chuse three of the wisest of their number who shall be ready upon his Majesties advertisement which shall be upon a months warning at the least to conveen with his Majesty together with the Doctors of the Vniversities viz. An. Melvin John Johnston Ro. Rolock Pa. Sharp Ro. Howy Ro. Wilky Ja. Martin at day place as his Majesty shall think expedient With power to them to treat reason and confer upon these heads and others appertaining thereunto and in case of agreement and uniformity of opinions to vote conclude all the questions concerning vote in Parliament but in case of variance to refer the conclusion unto the next Generall assembly XIII It is ordained that every presytery shall assemble themselves once every week in their full number at least so many of them as have their residence within eight myles to the place of their ordinary meeting 2. That every member of the presbytery study the text whereupon the Exercise is to be made 3. That a common head of Religion be treated every month in every presbytery both by way of discourse and disputation 4. That every pastor have a weekly exercise of instruction examination of a part of his congregation in the Catechism All these heads are ordained to be observed under the pain of incurring the censures of the Church XIV Concerning the protestation given by John Davidson for himself and in name of other brethren as he alledgeth protesting that this present Assembly is not free which his protestation he craved to be insert in the booke of the Assemblies It being enquired by the Moderator If any would adhere unto that protestation none was found that would adhere unto it nor was of his opinion there-in and therefore the brethren discharge the clerk to insert it XV. Because the question of summary excommunication for lack of time can not now be commodiously treated It is delayd unto the next Assembly and in the mean time all summary excommunication is suspended XVI Because a certain The number of members number of Commissioners from each Presbytery unto the Generall Assembly hath not been prescribed it is ordained that three of the wisest and gravest of the brethren at the most shall be directed from every presbytery and that none presume to come without commission except they have a speciall complaint And that the Clerk take heed to receive no mo in commission but three And that one be directed from eyery Presbytery in name of Barons and one out of every burgh excep Edinburgh which shall have power to direct two Commissioners VII Because it is reported that nothwithstanding the Acts made against
plotters undermined by their privy Letters In the synod of Lothian at Tranent in August Jo. Spotswood and Iames law were accused for overthrowing the disciplin They protested that they had no such intention but only to recover the revenues of the Church But the brethren pressed them to subscribe the Confession of faith de novo and they subscribed it with the others IV. Laureston returning from Court heard of the Synod of Fife at 1605. Bruntelan thether he went Mention being made of hastening the Assembly he opposed and shew that in his commission was one article not to permit it Howheit supplication was made seven times to prevent the appointed day because of inconveniences following upon the delay the generall commissioners would not hear but alwayes promised that without fail the appointed time should be keept And when the time approached they sent their Letters unto the Presbyteries advising them not to keep the assembly on the fifth of July but delay untill the next Parliament without intimation of any other time or place Those Letters were not sent untill the time was so nigh that one presbyteâ—y should not know what another would do and they had platted to have episcopacy restored in the Parlia and in their Missives they named the fifth day of July as if that day had been appointed before for the assemb which gave occasion that sundry Ministers mistook the day whereby those who went to Aberdien keept not one day Some came July 1. to keep the first tuysday which was the day The Assembly at Aberdien according to the Letter of prorogation in the preceeding year these were Robert Dury Minister at Anstruther Andrew Duncan Min. at Careil Jo. Sharp mi. at Kelmeny Andrew Strachan mi. at Kriech Jo. Forbes mi. at Awford William Forbes at Kinbethok James Irwin at Touch Robert Youngson at Clat Robert Red at Banâ—hry Charls Farholm at Fraserburgh William Davidson ar Rathen David Robertson at Rugley John Monro ar Tane Archbald Blaâ—kburn and James Ross at Aberdien and John Rogh at Nig. When James Ross had ended his Sermon after the custom of the town on tuysday they conveened in the church with the Kings commissioner and with common consent delayd their sitting untill two a clok in expectation of mo hindred upon their way as was supposed by rainy weather At that hour they meet in the Session-house within the church and after prayer by David Reat late Moderator of the Synod at Aberdien who now came with Alexander and James Mill Laureston said Though he might charge them yet he would rather make use of a Missive from the Lords of the Counsell The Letter was directed To the Ministry in the Assembly at Aberdien He willed them to read it and give him their answer They answered It can not be orderly opened nor reade untill a Moderator were chosen He named John Forbes to be mouth for them They said There must be an ordinary election He removed himself lest as he spake he were quarelled as seeming to approve their election by his presence if it fall that he and they shall not agree Then they required Thomas Nicolson the ordinary clerk of the assemblies to do his office he refused untill he saw how they will satisfy the Commissioner then craving their dispensation he went away They proceed and having named three on the election with generall consent they choosed John Forbes and the rather that Laureston had named him after prayer by the Moderator they choose John sharp to be Scribe pro tempore The Letterr was read consisting of two points to dissolve the Assembly and to name no diet of another till his Majesty were certified They yeeld unto the first and for the other to keep the liberty according to they Act of Parliament they resolve to entreat the Commissioner to appoint time and place of another assembly and if he refuse they will do it They sent and entreated his presence then the Moderator declared the judgement of the assembly He approved the first part and refused to design another time long or short They assured him that upon the reverent respect of his desire they would be al 's ready afterwards to delay unto a certain day if his Majesty shall require it After reasoning he acknowledged a necessity of appointing a certain day but he would not do it because he had no warrant He removed himself again though he was entreated to stay giving the same reason as before Immediatly they adiourn the assembly unto the last tuysday of September next and appoints intimation to be made unto all the presbyteries accorto former custom Then Laureston returned the door was alwayes open and protested that he acknowledged not that for a lawfull Assembly from the beginning because of the absence of the Moderator of the last assembly and of the Clerk he except not against the number The Moderator answered It can not but be a lawfull Assembly because of the warrant 1. Of Gods word 2. The lawe of the realm 3. Continuall practise since the year 1560. and most clearly set down in the book of disciplin established by his Mas own desire publickly made known in the Asse at Glasgow 1581. ch 7. art 3. 4. where it is said All ecclesiasticall Assemblies have power to conveen for treating of things concerning the Church they have power to appoint time and place to that effect and one Assembly to appoint time and place of another 4. The subscription and oath of the King and all his subjects 5. the Commissioners from Perth 6. The presidents in the Register of the assemblies for choosing a Moderator in absence of the former and a Clerk for the time in absence of the ordinary In the mean while Laureston caused John Wishart Messinger or pursevant to charge the Assembly under pain of horning to suffer it to desert and gave a copy unto the Moderator Obedience was given instantly and the Moderator craved instrument under the hand of the same Messinger being also a Notary and because he refused the Ministers after the dissolving of the Asse with prayer by the Moderator went instantly into the common Clerk's chamber of Aberdien took instruments of their obedience unto that charge Of this charge no mention was made unto the Lords of the Counsell but another that was alledged to have been given by vertue of the same letters on moonday July 1 by open proclamation at the market cross whereas no such was done for Laurestoun would have mentioned it and not said he might have charged them And it can be proved as the Ministers wrot in The Report of the proceedings of the Assembled Ministers at Aberdien that from the first coming of Laureston and his servants into Aberdien untill eight a clok at night there were continually about the market place walking sundry honest men who heard no such thing I add of my own experience that Sumner was after the year 1606. called usually Jogleover or contractly Joglou'r as
within this realm And seeing we are called before your L. L. to hear and see it found and declared that we have very contemptuously conveened and Assembled ourselves in a generall Assembly at Aberdien the first tuysday of July last and therefore that Assembly to be declared unlawfull as at more length is contained in the summons Wee in confideration of the premisses and other reasons to be given by us have just cause to decline your L. Ls judgement as no way competent in the cause above specified and by these presents simpliciter decline the same seing we are most willing to submit ourselves to the tryall of the generall assembly the only Judges competent By these presents subscribed with our hands October 24. And it was subscribed by all the fourthien They were nevertheless required to answer unto the summons and they did answer for clearing themselves but with protestation of adhering to their declinature In summa they declare that they had done nothing but according to an Act of Parliament in the year 1592. and they offred to disprove the indorsation of the charge and whereas their declinature was taken in ill part they do acknowledge themselves willing to submit unto the judgement of the Counsell in any matter wherein any other subject ought to submit neither is it a new thing to decline their judgement in some cases seing there is extant a declinature subscribed by moe then 300. Ministers and namely by some of these who now are their greatest adversaries And it it usuall unto the subjects in some Civill causes to decline the judgement of the Counsell and to take them unto the judgement of the Lords of the Session or of the Justice generall or even of a Regality They were sent to their severall prisons and Robert Youngson who that day had joyned with them confessing his trouble of conscience for his former oversight was imprisoned in Sterlin After that time they published an Apology wherein they enlarged their answers and the reasons of their declinature whereof a touch followes and in end they say Let it be supposed that it was an offence to hold the Assembly yet it should not be imputed unto them particularly but unto the presbyteries unto whom the Letters of the generall Commissioners were directed and who had ordered them to go and keep the Assembly and afterwards had approved their proceedings Notwithstanding all their allegations John Forbes John Welsh Robert Dury Andrew Duncan Iohn Sharp and Alexander Strachan were brought by the Guard from Blackness to Lithgow to be arraigned January 10. before the Counsell of treason because they had declined the Counsell It was said commonly that the extraordinary discovery of the powder plot at London would have moved the King to desist from troubling Ministers either in England for their not conformity unto the rites or in Scotland for standing to their ratified liberty when all the churches were required to give thanks unto God for that Benefit But the Earle of Dunbar was sent from Court to manage that business Ere the Ministers were brought to the Bar some Counsellers were sent unto them to move them take up their declinature After advice with some other Ministers there present they answered They would take up the declinature if the Counsel would delete the process and decreet standing against them The Lords replied The Counsell could not annull their decreet which was registred Others were sent unto them again to advise them to pass from the declinature pro loco tempore assuring them that the Counsell would pass from all process persute They would not answer without advice of their Brethren who were there about thretty and then they answerd The testimony that was given could not be recalled without prejudice of the Trueth And they craved licence to advice with their own presbyteries upon caution that they shold return into prison This was denied All that number of Ministers accompanied the imprisoned unto the Bar about one a clok There were present in the Counsell the Earles of Montrose Dunfernlin Chancellor Mar Lithgow Dunbar and Lords Glams Elphinston Abercromy Scoon Balmerino Newbotle Tullibairn Blantyre Haliroodhous and Barons Whittingam Pennicook Clerkinton Murdo-Cairny Kilsyth and Master of Elphinston to assist the Justice Deput as Assessors in the cause Sir Thomas Hamilton the Kings Advocat compeared to accuse The Dittay was read importing their treasonable declinature of the Royal authority grounded upon an act of Parliament in the year 1584. I omit the particular aggravations because they may be known by the answers The substance of their defence by their Advocat Thomas Hope afterwards the Kings Advocat and Lord Craig-hall was The declinature is not against either the title nor intention of the law which was made only against such as derogat from the K. royall authority but this declinature left his authority fully The law served only against such as were summoned super inquirendis but these were accused and committed to prison for a deed or action Their declinature was propounded by way of defence and therefore can not be accounted treason The law naming the penalty of treason is odious and therefore should not be enlarged but rather restrained That which is treason in a case expressed may not be extended unto other cases not expressed That law judgeth not such a case to be treason but only forbids such a thing under the pain of treason The act bearing only the incurring of treason the penalty can never be justly inflicted unless the fact be found treasonable by law But no law defineth the declinature of an incompetent Iudge to be treason Neither did these decline the Kings judicatory simply but the Counsels and that only in this and and such causes They were ever and yet are content to be judged by his Majesty and the Generall assembly seing according to God's Word and the lawes of the realm which have distinguished the Civil and Ecclesiasticall jurisdictions the matters of the Church should be judged and cognosced by the Church and it's assemblies which were aswel ratified confirmed by the lawes of the countrey as any other Iudicatory To judge of the lawfuldess or unlawfulness of a gen assembly belongs unto a generall assembly and hath been the practise of our Church even when his Majesty was present as the Assembly at Perth in the year 1596. was controverted notwithstanding his Majesties presence at it and then he was so far from judging the lawfulness of it by himself or his Counsell that in the next generall Assembly at Dundy he did require the question to be decided there as properly pertaining to that Judicatory It hath been lawfull and in continuall practise that his Majesty and Secret Counsell have in sundry causes been declined and the cause drawn to the ordinary and competent Judge as in matters Civill unto the Session in matters criminall unto the Justiciary matters of divorce unto the Comissaries yea the meanest Regalities have power to decline suprem
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