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A11683 Treason pretended against the King of Scots by certaine lordes and gentlemen, whose names hereafter followe. With a declaration of the Kinges Maiesties intention to his last acts of Parliament: which openeth fully in effect of all the saide conspiracy. Out of Skottish into English. Studley, Christopher.; James I, King of England, 1566-1625.; Adamson, Patrick, 1537-1592. Declaration of the Kings Majesties intentioun and meaning toward the lait actis of Parliament. aut 1585 (1585) STC 21949.5; ESTC S121502 10,840 26

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willing to haue vsed any rigour against the saide Maister Andrew if he had humbly submitted himselfe acknowledged his offence and craued pardon Who notwithstanding afraid of his owne guiltines being priuie to diuers conspiracies before fled out of the Realme whose naughty and presumptuous refusing of his Highnes iudgement was the occasion of the making of this seconde Acte videlicet that none should decline from his highnes authoritie in respect that the common Prouerbe beareth Ex malis moribus bonae leges natae sunt that is Of euill maners good lawes procéede And in verie déede it wanteth not any right intollerable arrogancy in any Subiect called before his Prince professing and ancthorising the same truth to disclaime his authoritie neither doe the Prophets Apostles nor others conducted by the spirite of God minister y ● like example for it is a great errour to affirme as many doe that Princes and Magistrates haue onely power to take order in ciuill affaires and that Ecclesiasticall matters doth onely belong to the Ministerie By which meanes the Pope of Rome hath exempt himselfe and all his Clergie from all iudgements of Princes he made himself to be Iudge of Iudges and to be iudged of no man whereas by the contrarie not onely by the examples of the godly gouernors Iudges and Kings of the old Testament but also by the new Testament and the whole history of the primitiue Church in the which the Emperors being Iudges ouer the bishop of Rome deposed them from their seates appointed Iudges to decide and determine in causes Ecclesiastical and chalenge innocent men as Athanasius from the determination of the Councell holden at Tyrus and by infinite good reasons which shall bée set downe by the grace of God in an other seuerall worke shall be sufficiently prooued and verified But this appeareth at this present to bée an vntimely and vnprofitable question which hath no ground vpon their part but of the preposterous imitation of the pretended iurisdiction of the Pope of Rome For if there were any question in this land of heresie whereby the profound mysteries of the Scriptures behooued to be searched foorth his Maiestie would vse the same remedy as most expedient which y e most godly Emperours hath vsed And his Maiestie following their example would alow the councell of learned Pastours that by conference of Scriptures the veritie might be opened and heresie repressed But God be thanked we haue no such controuersies in this land neither hath any heresie taken any déepe roote in the country but that certaine of the ministerie ioyning thēselues to rebels hath traueled to disquiet y e state with such questions that the people might embrace any sinister opinion of his Maiesties vpright procéedings and factions might be nourished and entertained in the countrey Neither is it his maiesties meaning nor intention in any sort to take away the lawfull and ordinarie iudgement in the Church whereby discipline good order might decay but rather to preserue maintaine and increase the same And as there is in the realme Iustices Constables Shirifes Prouosts Bailifes and other iudges in temporall matters so his Maiestie aloweth that all things might be done in order and a godly quietnes may be preserued in the whole estate the Sinodal assemblies by the Bishops or Commissioners where the place was vsed to be conuenient twise in the yéere to haue the ordinary trial of matters belonging to the ministery and their estate Alwaies reseruing to his highnesse that if they or any of them doe amisse neglect their duetie disquiet the estate or offend in any such maner and sort that they in no wayes pretend that immunitie priuiledge and exemptiō which onely was inuented by the Popes of Rome to tread vnder foote the scepters of Princes and to establish an Ecclesiasticall tyranny within this countrey vnder pretence of new inuented Presbiters which neither should answer to the king nor Bishop vnder his Ma. but should haue such infinite iurisdiction as neither the lawe of God nor man can tolerate Which is onely his Maiesties intention to represse and not to take away any godly or due order in the Church as hereafter shall appeare THe third Act of his Maiesties foresaid Parliament dischargeth all iudgements Ecclesiasticall and all assemblies which are not allowed by his Maiestie in Parliament which acte specially concerneth the remouing and discharging of that forme inuented in this land called the presbyterie wherin a number of Ministers of a certeine precinct and boundes accounting themselues to be equal without any difference and gathering vnto them certeine Gentlemen and others of his Maiesties subiects vsurpe all the whole Ecclesiasticall iurisdiction and altereth the lawes at their owne pleasure without the knowledge and approbation of the king or y e estate A forme of doing without example of any nation subiect to a Christian Prince The perill whereof did so increase that in case it had not béene repressed in due season and forbidden by his Maiesties lawes the same had troubled the whole countrey And béeing tried by his highnes to be the ouerthrow of his Maiesties estate the decay of his Crowne and a ready introduction to Anababtistrie and popular confusion in all estates his maiestie hath giuen commaundemēt against the same And that the Reader may vnderstand the daunger thereof by many inconueniences which thereby ensueth in this lande I will not onely set downe one whereby they may vnderstand what peril was in the rest The embassadour of Fraunce returning home vnto his owne countrey commaunded the Prouost Baliffes and Counsaile of Edingbrough to make him a banket that he might be receiued honourably according to the amitie of auncient times betwéene the two Nations This commaund was giuen on the Saturday by his highnes and the banquet appointed to be on the Monday A number of the foresaid pretended presbyterie vn derstanding thereof assembled themselues on Sonday in the morning and presumptuously determined and agréed that the Ministers of Edinbrough should proclaime a fasting vppon the same monday where thrée seuerall Ministers one after another made thrée seueral sermons inuectiues against the Prouost Bayliffes and Counsaile for the time and the noble men in the cuntry who repaired to the banquet at his Ma. commaund The foresaid presbyterie called and perswaded them and scarsly by his Maiesties authoritie could bee witholden from excommunicating the saide Magistrates and noble men for obeying onely his highnes lawfull command which the law of all countreys called Ius gentium requires towards Embassadors of forreine countreys And not onely in this but innumerable other things their commaundement was proclaimed directly vnder the paine of excōmunication to the kings Ma. and his laws Which forme of procéeding ingendred nothing but disbut disquietnes sedition and trouble as may manifestly appéere in that the speciall authors of the inuenting promoting and assisting of the foresaide pretended Presbyteries hath ioyned themselues with his Maiesties Rebels and fleing foorth of the realme in respect of
the wrath of the Lordes iudgements which is the right ende of publike humilitie and not vnder pretence thereof to couer such enterprises as hath heretofore greatly disquieted and troubled the peace of this common wealth THe xx Acte ratifieth and approoueth and establisheth the estate of the Bishops within the realme to haue the ouersight and iurisdiction euery one in their owne Dioces Which forme of gouernment and rule in Ecclesiastical affaires hath not onely continued in the church from the dayes of the Apostles by continuall succession of tyme and many Martyrs in that calling shed their bloud for the trueth but also since this Realme embraced and receiued the Christian religion the same estate hath béene maintained to the welfare of the Church and quietnesse of the realme without any interruption vntill within this few yéeres some curious and busie men haue practised to induce in the ministerie an equalitie in all thinges as well concernyng the preaching of the word administration of the Sacramentes as likewise in discipline order and pollicie The which confusion his Maiestie finding by most dangerous experience to haue bene the mother and Nurse of great factions seditions and troubles within this Realme hath with aduise of his highnes estates aduisedly concluded the said pretended partie in discipline orders and pollicie in the Church to be no longer tollerate in this Country but the sollicitude and care of all churches in one diocesse to appertaine to the Bishop and commissioner thereof who shall be aunswerable to God and his Maiesty and estates for the right administration and discharge of the office of particular Ministers within the boundes of their iurisdiction For as it becommeth his Maiestie as Eusebius writeth of Constantinus the great to be a Bishop of Bishops and vniuersall Bishop within his Realme in so far as his maiestie should appoint euerie one to discharge his duetie which his highnesse cannot his country béeing large and great take him to euerie Minister that shall offend and transgresse agaynst duetie or quarrell with the whole number of y e Ministerie but it behooueth this Maiestie to haue Bishops and ouerséeers vnder him which may bee aunswerable for such boundes as the law and order of the countrey hath limited and appointed vnto euerie one of them And y ● they hauing accesse to his Maiesties Parliament counsell may intercide for the rest of the brethrē of the Ministerie propone their griefe vnto hys highnesse and estates and receiue his maiesties fauourable aunswere therin The which forme doth preserue a godly quietnes vnitie concorde and peace in the estate and an vniforme order in the Church As contrariwise the pretended equalitie deuideth the same and vnder the pretence of equality maketh some of the most craftie and subtill dealers to bee aduaunced and enriched and in pretending of partie to séeke nothing but their owne ambition and aduauncement aboue the rest of the simple sort And notwithstanding that his Maiestie hath restablished the said estate it is not his highnes will intent y t the foresaid Bishop shall haue such full power as to do within his diocesse what he plea seth For as his Ma. cannot allow of any popular confusiō wherin as the prouerbe saith Nulla tyrannis aequiparanda est tyrannidi multitudinis That is No tyrany can be compared to the tyranny of a multitude hauing commandement power in his hands so on the other part his M. will is y t the Bishops authoritie in any graue matter be limited to the councel of 13. of y ● most aūcient wise godly pastors of his diocesse selected out of y e whole synodal assembly of y ● prouince by whose aduise or at least the most parte therof y e weightie affaires of the church may be gouerned to the glory of God quietnes of the realme Further it is his highnes wil cōmandement y ● their bishops or commissioners twise in the yéere to wit 10. dayes after Easter the 6. of September hold their synodall assemblies in euerie diocesse for y e kéeping of good order therin And if any be stubborne or contemne within their bounds the good order of the church that it may be declared vnto his Ma. punished to the example of others according to their deseruings Neither is it his Ma. meaning or intent y t such bishops or commissioners as shall be appointed shall receiue their onely full commission of his Ma without admission ordinary by such as are appointed to that effect in y e church but hauing his highnes nomination presentation and commendation as lawfull only patron they to bée tried and examined y t their qualities are such as thei are able to discharge their cure office And if it shall happen any of the said bishops or commissioners to bee negligēt iu their office or to be slanderous offensiue in their behauiour life maners in tyme to come it is not his highnes wil y ● they shalbe exempted frō correction notw tstanding any priuilege of his highnes estate coū sell or parliament but their labors trauels diligence behauiour to be tried in the generall assembly not cōsisting of a confused multitude as it was before but of such worshipfull persons as is heretofore prescribed in his highnes presence or his deputies to that effect Lastly his maiestie giueth commission to the saide Bishops or commissioners at their visitatiōs to cōsider in what part of y e cuntrey the exercise or interpretation of the scripture by conference of a certeine num ber of y e Ministerie within those bounds may be most commodiously once in euerie xv daies For as his Ma. inhibits all vnlawfull méetings that may ingender trouble contention in the countrey so his Ma. is well affected to sée the Ministerie increase in knowledge vnderstanding by all meanes to fortifie aduaunce the same Wherein his highnes commandement is that a graue wise sage man shalbe appointed president who may haue y e ouersight of these boūds be answerable therefore to the bishop his coūsell synode he to be respected reasonably for his paines at the modification of stipends y ● all things may be orderly done in the church peace quietnes mainteined in the realme we delyuered from apparant plagues the blessing of God continued to the comfort of our posteritie And in the mean time his highnes inhibits and expresly forbids vnder the paines conteined in his Ma. acts of parliament al other paines arbitral at his Ma. sight counsell y ● no Minister take in hand to assemble themselues for the foresaid cause without the appointment order taken by the said bishops or commissioners wherby his highnes may be certeinly enformed that the foresaid Ministers assemble not to meddle with any ciuill matters or affaires of estate as was accustomed before but onely to profit in the knowledge of the word to be comforted one by another in the administration of their