conferre with the Moderator upon the purposes to be treated in the assembly and to form the Acts before they were read in the assembly This was like unto that which in the Councell of Trent was called The Congregation Within some years all matters were debated and concluded in the Privy Conference and the body of the assembly had litle to do namely after the year 1597. such men were named to be on the Privy Conference who for the most part were known to favour the purpose intended and one or two whom the chief leaders knew to be contrary minded were also named to be there to the end they might know what the contrary party would object and when the acts were in voting and penning these two or mo could do nothing by their few votes and when their conclusions were propounded in the open assembly it was called presumption to oppose what was debated and concluded by the Priuy conference especially after the erection of Bishops the Archbishop of Santandrews by his power did name the Privy conference and so were things carried both in the Generall and Episcopall or Diocesane Synods 2. The Authour of Vindiciae Philadelphi Pag. 53. Shewes that Patrick adamson was a Minister soon after the reformation and because of the small stipends at that time left the Ministry and went to France to study the lawes and when he returned he became an Advocat thereafter he turned again into the Ministry at Paisly from that he removed to be Chaplain unto the Court that so he might attain a Bishoprick for then the Courtiers sought men unto the name of Bishops whom they could find contented with a cheap portion and he accounted that portion better then a Ministers stipend he gote the Bishoprick of Santandrews when he knew that the assemblies were going to abolish that Office and wee have heard before from The historicall narration how he distinguished the three sorts of Bishops At that time when he was summoned before these Commissioners he dissembled his mind and promised to obey whatsoever the Church shall decern of Episcopacy and nevertheless did so far as he could undermine what the Church was a doing In the year 1582. he was taken with a lingring sicknes and sought the aid of a witche when he had keept within doores almost a year scarcely having recovered health he in a Sermon before the King did inveigh bitterly against the Order of the Church assemblies to wit being guilty of his offences he both privatly and publickly did strive against the Church as his mortall enemy So far there and more followes afterwards In the next Assembly at Edinburgh Octber 25. David Lindsay was chosen Modarator and the Privy Conference The 32. Assembly set as is said before 1. The assembly directes some Ministers unto the Lord Regent entreating his presence or Commssioners in his name Three severall dayes they sent and his answer still was that he was so taken up with publick affaires that the could not be present but he willed them to continue in the matter of the Policy and put it to an end 2. What was done in that matter was propounded in the second Session and all men were required to declare the next day any other head or particulare if they knew any meedfull to be disputed These heads but no new ones were disputed again and again in severall dayes 3. Patrick adamson brings from the Lord Regent a Letter which was sent unto him from the Queen of England shewing that a Councell was to be at Magdeburg for establishing the Augustan Confession and craving the advice of the assembly whither they think good to sent thither any Ministers of this Nation and whom they will name The next day were named And. Melvin Patrick adamson David Cuningham George Hay David Lindsay William Cristeson Alex. arbuthnot and Rob. Pont John Craig was sent to shew this nomination unto the Regent that he may choose any two or three of them for that end After two days John Craig reports that the Regent was well pleased they had given him the choice and in his opinion Androw Melvin George hay and Alexander arbuht not were meet yet craving the advice of the assembly herein that thereafter he may resolve with the Counsell Three were sent again to know the Regents will concerning Andrew melvin George hay and â—â— as he would appoint the Modefiers of the Ministers stipendâ— to conveen for ordering the Roles They report he was pleased with these two and had appointed the Modefiers to conveen 4. In Session 13 the heads of the Policy of the Church were read publickly and agreed upon except that head De Diaconatu as also that they shall be presented unto the Regent as agreed upon as said is without prejudice of further reasoning So James Lowson Rob. Pont David Lindsay and the Clerk of the Assembly are ordered to put them in mundâ— according to the originall and John Duncanson David â—â—rguson and John Erskine of Dunâ—are appointed to revise them and being found conform â—nto the originall the first three are ordered to present them with a Supplication in name of the Assembly And if the Regent will crave conference upon these heads the Assembly nameth Patrick adamson John Erskin of Dun John Craig John Row Alexander arbuthnot Andrew meluin James Lowson Ro. pont David Lindsay An. Hay Geo. Hay and John Duncanson to wait upon the Conference when the Regent shall advertise XV. The Assembly conveenes at Edinb 24. 1578. And. Melvin is chosen The 34. Assembly Moderator 1. Some are sent unto the King and Counsell to petition that he would send Commissioners in his Ms name to assist the assembly with their presence and counsell The answer was Two shall be deputed the next day 2. It is appointed that Bishops and all others bearing ecclesiasticall function shall be called by their own names or Brethren 2. The Brethren that were appointed by the preceeding Assembly declare that as they were ordered they had presented unto the L. Regent the book of Policy and the Supplication and a day appointed for a Conference but the alteration of Authority hath interveened and for preventing corruption in the the beginning of his Ma s Government they had presented unto his Ma. and Counsell a Supplication with four articles one for observing the Act of Parliament concerning these who beare Office in the realm another for putting order to the late murder in Sterlin a third for the policy of the Church and a fourth for support against the appearing famine The Lord Heres and the Abbot of Deir who were sent by the Counsell were asked their opinion concerning these Articles They answer They were sent not to vote or conclude but to heare and see the proceedings of the Assembly and they would insist at the hands of the Counsell for answer unto their Articles In the next Session some were directed unto the Lord Heres and the Abbot to put them in remembrance of the
asscribe or take upon them any part thereof in placing or displacing Ministers of Gods word in spirituall livings or offices without the Churches admission or in stopping the mouths of preachers or taking upon them the judgement and tryall of doctrin or of hindering or dis-annulling the censures of the Church or exeeming any offender there from 2. That the Presbyteries consisting of Pastors or Teachers and such as are commonly called Elders according to Gods word and now according to his Ma s direction appointed in diverse parts of this realm for disciplin and keeping order in ecclesiasticall affaires Be approved established by authority and paines prescribed against them that stubbornly oppose themselves 3. That the Synodall assemblies consisting of sundry Presbyteries and Nationall consisting of the wholl be approved and by vertue Act of Counsell presently and of Parliament hereafter have power to conveen so oft as occasion shall require to advise treat conclude and make ordinances in such things as concern the well of the Church and their charge in doctrin and disciplin with liberty to appoint times places for that effect 4. That Presbyteries and such as they will direct of their own number have the same power in designing manses gliebs and repairing of Churches as Bishops or Commissioners had before 5. That every Church have their severall Pastor to be sustained on the tyths of the parish where he serves and to that end the manses of churches that are annexed to great Benefices or prelacies be dissolved pensions given out of the tiths and tacks of the same set by the Collectors or possessors may be revoked c. Likewise a Supplication unto the King and Counsell was read for redress of many enormities 1. That the slanderous proclamation at Perth July 12. and published in all townes and parish-churches and to the perpetuall infamy of Gods servants is printed may be perused and diligently considered and triall be made whither any Minister be culpable of such odious crimes and if they be culpable that they be punished with all rigor of law And otherwise that the givers out of so blasphemous reports and devisers and diters of that infamous libell be punished accordingly And that by Act of Counsell and open proclamation the Ministry be declared innocent of such wicked and hainous crimes 2. That the unaccustomed violence used against Jo. Howeson drawing him out of the seat of the presbytery ...... And against David Weemes Minister be so punished that none be bold to attempt the like hereafter 3. That Colin Campbell Archbald and Wi. Heggets burgesses of Glasgow with their complices be punished according to justice for the uproar made by them against the Students and shedding their blood 4. that the proclamation lately made for the liberty of the Assemblies may be enlarged and more plainly cleared 5. That your Lp s will give his Majesty to understand how wicked instruments they are who persuaded his Gr. to allow and take upon himself all the mischiefs and ungodly proceedings whereby his Gr. and the Church Country were brought into such misery and danger 6. That all Acts of Counsell made against Presbyteries assemblies charging them to desist from proceeding in discipline and ecclesiasticall censures against scandalous persons be annulled and deleted and the Act made against J. Dury 7. That his Majesty and Lords will weigh what great inconvenients and absurdities fall out upon the Act of Counsell made concerning the absolute power and for removing them to delete that Act never to be remembred 8. That his Gr. and Lords provide carefully foresee that by wicked practise of dimission or association of authority the Church the Kings Majesty and country be not hurt and that the same be stayd in time 9. That the stipend appointed unto the Minister of Sterlin and now wickedly purchased by Ro. Mongomery to his young son be restored for sustentation of a qualified man to teach that flock which by his ungodly dealing and apostasy hath been destitute so long time 9. That it would please your Majesty and Lords to have compassion upon that Noble and godly man James Hamilton Earle of Arran somtyme a comfortable instrument in Reforming the Church of God and now visited by the hand of God and bereft under pretence of Law 10. That Commissioners be deputed in each part for visiting the Colledges The Assembly gives commission unto nyneteen Ministers with the Ministers of the Kings house to present this Supplication unto the Kâ—ng and the Estates now conveened at Halirud house or unto the Parliament when it shall be holden crave answer c. In the next Session these brethren report that the Lords crave the advice of the Church who should sit in their names to vote in Counsell and Parliament seing now they are about the taking order for a Counsell consisting of three Estates For better resolution in this particulare it was thought meet to enquire of the Lords what is their meaning in this proposition In the following session answer was returned that the meaning is Whither the Church will consent that some of the Bishops should for the Church be upon the Counsell The assembly resolves they can not agree that any shall vote in name of the Church but they who bear office in the Church and are authorized with commission thereunto Two Ministers are appointed to return this aâ—swer unto the Lords In this Convention of Estates nothing was done in the affaires of the Church they were all for securing themselves XX. On January 28. year 1583. the King withdrew himselfe from the 1583. Another change of Court Nobility that had separated the Duke and Arran from him and he went unto the Castle of Santandrews untill he sent for other Noble men to be of his Counsell and the entituled Earle of Arran was let out of Duplin and came unto the King whereupon in the end of that year followed great alteration The Generall assembly conveenes at Edinb April 24. Tho. The 45. Assembly Smeton is chosen Moderator I. Three Ministers were sent unto the King to humbly desire Commissioners for assisting the assembly in treating and concluding c. And seing his Majesty had sent Ambassadors into England that he would be pleased to endeavoure an union be made betwixt the two Kingdoms and other Christian Princes and Nations professing the true religion against the persecution of Papists and them that are confederat in that bloody League of Trent and also that her Majesty would disburden their Brethren of England from the yoke of ceremonies imposed upon them against the liberty contained in Gods word Likewise in Sess 5. others were ordained to supplicate his Majesty earnestly that the French Ambassador may be sent away because his travell is suspected to tend against religion and the Commonwell That a Jesuit Holt may be tryed and according to his offense punished That the Lord Seton's son may be accused for his Letters unto Jesuits That a brother of
that time the Civill estate was more and more troubled for they who in the convenion of Estates Oct. 8. year 1582. vvere declared to have don good necessary Service unto the K. and Country and they with all their partakers were exonered of all action that might be intended against them for what they had done at Ruthven these I say aâ—ter Arran's returning to Court were charged to enter into warde particularly designed unto them This they obeyd not except the Earle Auguise and therefore were denounced rebells and when harder course was intended against them they fled some to England others ro France and some to Irland The Ministers were not silent at this time Among others John Dury said in a Sermon As the blind man whose eies Christ had opened Joh. 9. when the the pharisies said Wee know this man to be a sinner did reply Whither he be a sinner I know not one thing I know that though I was born blind yet now I see So whatsoever sort of men these be I knowe not but this I know that the Church was misetably vexed and almost oppressed but by theyr meanes it was delivered For these words likely otherwise delated he was summoned to compear before the Counsell he stood to the defense of what he had spoken and therefore he was confined in the town of Montros soon after this the Min. there died and the Church made choise of Jo. Dury to succeed then the King gave him and his eldest son enduring their lifes a pension of 200. pounds out of two Abbeys There was more work with Andrew Melvin in a Sermon as Santadr he said Daniel propoundes unto Baltazar the example of his grand father Nebuchadnezar and so it is the duty of the Ministers of God to lay before the Prince and people of their time the examples of their ancestors if need require But in our time if any would speake before the Court what evill came unto James the fifth by familiarity of flatterers that so the King would take heed of that kind of beasts they will say That preacher leaves his text and possibly he shall be accused of treason For these words he was charged to appeare before the Counsell He appeares and when worse words were layd unto his charge he said His doctrin in pulpit should first be tryed and judged by the Presbytery He was bidden submit himselfe unto the King and Counsell by no persuasion could he be induced to submit The K. and Councell as his lawfull Judges proceed to examine witnesses He appeales unto the judgement of the Church and saith If the Church shall condem what he had spoken he shall willingly suffer whatsover torment shall be inflicted on his body At eight a clock at night he is charged to enter as prisoner into the castle within twelve hours In the morning Arran changeth his warde and before seven a Messinger of armes chargeth him to enter into Blackness withim 24. hours at that time his friends said to him They would take his life â—efore mid-day he went away to Berwick After this summons were directed against Andrew Hay Andrew Polwart Patrick Galloway and Ja. Carmichel Ministers to answer before the Counsell for keeping correspondence with the rebells An. Hay compeares nothing could be qualified against him but upon suspicion he was confined in the north The others for not compearing were denounced rebells and fled into England XXI What Pa. Adamson did in England we shall have a hint of it anone 1584. The Current Parliament he returned in May year 1584. by Act of Counsell a Parliament was appointed to sit May 22. Because there was no proclamation preceeding they called it A current Parliament The Historicall Narration saith They who were privy to it were of Arrans faction or such as durst not oppose any thing the Lords of the Articles were sworn to be secrete they had fyve Sessions in three daies the doores were keept so closse that none of the Ministry could find accesse Pa. Adamson and Ro. Mongomery sat as representing the third Estate and gave votes forsooth to make themselves Bishops The King and Parliament suspecting that the Ministers of Edinb would preach against their proceedings sent a charge unto the Provest and Bailives to pull the Ministers by force out of the pulpit and committ them to prison if they did so What was done in the Parliament appeares by the Acts Spotswood hath the sum of them saying The King's authority over all persons in all causes was confirmed The declining of his Ma s judgement and the Councels in whatsoever matter declared to be treason the impugning of the authority of the three Estates or procuring the innovation or diminution of the power of any of them was inhibited under the same pain All jurisdictions and judicatures spirituall or temporall not approved by his Higness and the three Estates were discharged and an ordinance was made that none of whatsoever function quality or degree shall presume privatly or publickly in Sermons declamations or familiar conferences to utter any false untrue or slanderous speaches to the reproach of his Majesty his Counsell and proceedings or to the dishonor hurt or prejudice of his Highness his parents progenitors or to medle with the affaires of his Hi. and Estate under the paines in the Acts of Parliaments made against the makers reporters of lies While these statutes were in framing the Ministers who were informed thereof sent David Lindsay to entreat the King that nothing should passe in Act concerning the Church till they were first heard Arran getting intelligence of this caused arrest him as one that keeped intelligence with England and he was not permitted to come unto the King The first night he was keept in Halirudhouse and the next morning sent prisoner to Blackness where he was detained 47 weeks Ja. Lowson and Wa. Balcanquall Ministers of Edinburgh hearing that he was committed fled into England leaving a short writing behind them to shew the reasons of their departing So Edinburgh was left without any preacher Ro. Pont Minister of S. Cutberts and one of the Senators of the Colledge of justice because of the misregarde of the Church as he pretended in concluding these Acts when the Heralds were proclaming them took instruments in the hands of a Notary of his dissenting and that they were not obliged to give their obedience thereunto Which done he likewise fleeing was denounced rebell and put from the place in Session Hereupon rumors being dispersed that the King was enclined to Popery had made diverse Acts to hinder the free passage of the Gospell and abolish all order and policy of the Church Command was given to form a brief Declaration of his Ma s intention and to publish it for detecting these false rumors In this declaration the occasion that enforced the King to make these statutes were set down as the allowance of the fact at Ruthven by the Assembly of the Church Andrew Melvins declining the
which charge by diverse supplications given-in unto the Counsell the impannelled offred to reduce and to disprove but could not be heard and yet by vertue of that forged charge were they put to the horn Albeit all those former intimations of his Majesties will were true and had come to their knowledge yet could they not truly be found guilty of contempt sedition in their meeting proceeding in respect of an Act of Parliament James 6 parl 6. An. 1579. act 92 and law made in King Robert 2. and cited de verborum significatione both shewing the Civill jurisdiction judgement to be free from all contempt of his Majesties authority or of the Lords of Secret Counsell albeit they shall proceed in judgement according to law notwithstanding any privy writing charge or command directed unto them in the contrary by his Majesty or Counsell or any command directed unto them under the great Seal or Signet or privy seal repugnant to law whereupon it must follow much more A spirituall Judicatory which hath not institution or ground from Civill authority but from Gods word which is in nature different and distinguished both by the ordinance of God and lawes of the Land albeit the Iudicatory is not instituted yet is approved by Acts of Parliament may proceed lawfully notwithstanding any signification of his Majesties will or of the Counsell in the contrary and yet be free of all contempt or seditious proceeding And in the assembly at Dundy 1597. Sess 7. the article concerning no convention of Pastors without his Majesties knowledge and consent the King being present declared his consent to be extended unto all and whatsoever generall assembly or speciall permitted and authorized by his lawes accordingly as they have warrant in the word of God as being the most authentick form of consent that any King can give Next the Kings Commissioner was present with them consented unto their down-sitting acknowledged their authority by presenting the Counsels Letter craved answer unto it and consented unto sâ—ndry things done there his consent was craved in every thing and obtained in some As for the formality of their proceeding the work being such as concerned the house of God and so therein being subject unto the censure of the Overseers of Gods house so they submit themselves and their proceedings to be censured judged according to the word of God by a lawfull free generall assembly and in their apologies written upon occasion at other times they make clear their formality as 1. Whereas the Moderator of the last assembly was not present it could be no impediment of holding the assembly seing his absence was through his fault 2. His preaching was supplied by the teaching of the ordinary Minister of the town 3. As for the election of a new Moderator after prayer by the Moderator of the late Synod at their appointment liets were made and it was needless to remove them who were upon the liets Such circumstances are not to be stood upon when the substance was in perrill Neither have they reason to alledge this objection who have challenged it if they would call to mind how in the assembly at Perth An. 1596. without any election or liets the late Moderator being absent David Lindsay at the nomination of two or three Brethren entred Moderator others who were present not being asked 4. The ordinary Clerck refused to do his office because he was threatned by Laureston Therefore he was dispenced with and of their number one was chosen pro illa vice as is the custom of Synods Presbyteries 5. The place was not privat but where the Presbytery and Synod sat ordinarily and al 's publick as the Counsell-house of Dundy or Edinburgh where Generall assemblies have been held As for their paucity that proceeded partly from the weather and partly by a trick of the Commissioners pointing in their last Letter at another day then which was appointed before And in the assembly of Gods servants where the number is not defined by a law rarity makes it not unlawfull if the meeting be ordinary and established by law unto which all who have interess may resort and which may be judged lawfull or approved by the next ordinary meeting as this hath been already approved by many Presbyteries 3. For any thing that was done there were moe than needed a sufficient number to sense or begin an assembly by prayer and to adjourny it unto another day for causes moving and a prayer in end This hath been practized in the Parliaments and in Church as at Santandrews in April An. 1597. As for them who came after the dissolving they had the like commission and warrands to come and were stayd as said is and when they came they could find no unlawfulness in the proceedings of their Brethren and seing their approbation concerned only the written process according to the subscribed copy which they received equity requires that the Generall Assembly should judge thereof before it be called unlawfull In the written process they found no signification of any proceeding charge which is the chief ground of the alledged contempt Lastly it is against all order that commissioners directed from the Presbyteries should be challenged for executing their commission namely when their execution is approved by their Presbyteries and the Presbyteries are not challenged After the Advocat the prisoners so cleared themselves and their cause that their adversaries were astonished their doubting Brethren resolved and every one that stood-by were satisfied Then the Interloquiture went-on not by voting formally but after secret rounding All the exceptions and defences were rejected and the Interloquiture was pronounced in name of all the Assessors consenting howbeit some made opposition in the mean time Yea some of the Counsell reported that none consented but the Earl of Dunbar the President the Chancelor the Earl of Montrose and the Controler Neither was the cause reasoned in presence of the Assise the most part of them not having entred into the place of judgement untill they were called to take their oath and to be enclosed Those were John Livinston of Dâ—nipace Sir Archbald Sterlin of Kier Sir John Forrest of Carden Sir John hume of North-Berwik James Shaw of Sawchy James Swenton of Innerkithen a Papist Henry Stuart of Craig-hall a dissolute man Sir George Hume of Broxmouth George Hume of the Deans Gawin Hume of Johnscleuch Thomas Livinston of Pantoun Robert Livinston of Westquarter Sir Patrik Hume of Polwart James Gib younger of Caribben and Alexand. Hume of Rentoun Craig-hall was chosen Chancellor of the Assise or Foreman of the Jury Their Advocat exhorted the Iury to consider that it was not the naked deed of Declining that was the dittay of the impannelled but the quality of the deed to wit a treasonous declinature which was to be tryed Therefore willed them to judge whether it was treason or not But the Kings Advocat charged them to find only whether the prisoners had declined the Councels
estates and degrees committed to their charge by God whether they be ecclesiastical or temporal and restrain with the civil sword the stubborn and ill doers So far they If it be here obiected that the autority of the Convocation is not a sufficient ground for that which was enacted in Parliament I answer These articles stand confirmed by Royal assent of the Prince for the establishing of whose supremacy the oath was framed and also by a special Act of Parliament in the 13. year of Queen Elisabet ch 12. Seing therefore the makers of the law have full authority to expound the law and they have sufficiently manifested that by Supream Government given unto the Prince they understand that Government only which is exercised with the Civil sword I couclude that nothing can be more plain then this That without all scruple the Kings Majesty may be acknowledged in this sense to be the supream Governor of all his dominions and Countries aswell in all spiritual or ecclesiastical things as temporall And so I have cleared the first main branch of the oath So far In Vsher And because this oath was so understood excluding all forrain power I have not found that any man excep the Papists did object against it And albeit Scotland used not this title in formality of words yet they did ever acknowledge the same power in their Soveraigne as is clear in the Confession of faith which was presented unto the Parliament An. 1567. where in Article 24. it is said We confess and acknowledge that such persons as are placed in authority are to be beloved honored feared and holden in most reverent estimation because they are the Lieutenents of God in whose seats God himself doth sit and judge yea even the Judges and Princes themselves to whom by God is given the sword to the praise and defence of good men and to revenge and punish all malefactors Moreover to Kings Princes Rulers and Magistrats we affirm that chiefly and most principally the conservation and purgation of religion appertaineth so that not only they are appointed for Civil policy but also for mainteinance of true religion and suppressing of idolatry and superstition whatsoever As in David Josaphat Ezechias Josias and others highly commended for their zeal in that case may be espied And therefore we confess and avow that such as resist the Supream power doing that thing which appertaines to his charge do resist Gods ordinance and therefore can not be guiltless c. Next it is remarkable that howbeit the Missal The Servicebook was not pressed was abolished and the Service-book was authorized in England yet the the Ministers were not astricted unto the full prosecution of it from the beginning the one might not be used and the other might be used yet they were not tiedunto it for many were for that Principle of Scotland whereof mention is made before and would have put away all ceremonies that had no warrant from the word of God and they did forsake them Neither did Mathew Parker Archbishop of Canterburry press any of his diocie to use those rites It is true he required them to use the Service book as we find he required John Fox to subscribe the old man produced the new Testament in Greek and said To this I will subscribe But when the subscription of the Canons was required he refused and said I have nothing in the Church but a prebend at Salisbury and much good may it do you if you will take it from mee So he was dismissed and continued in his Ministry till the day of his death And Ed. Grindal succeeding in that See was so far from pressing any unto Conformity as it was then called that he incurred the Queen displeasure for his connivence yea he not only connived but he was a favourer of the Not-conformists and when they began to use prophecying which in Scotland is called The. Exercise he resorted with them and commended them as appeares by that his Letter which he being under restraint wrote and sent unto the Queen in the year 1580. of which I have transcribed a part from Thom. Fuller's Church-Histor Lib. 9. he beginneth thus With most humble A Letter of Grindai in defence of many Ministers and of Prophecying remembrance of bounden duty unto your Majesty It may please the same to be advertised that the speeches which it pleased you to deliver unto mee when I last attended on your Highness concerning the number of preachers and the utter snbuersion of all learned Exercises and conferences amongst the Ministers of the Church allowed by the bishops and Ordinaries have exceedingly dismayd and disconforted mee not so much for that the said speeches sounded very hardly against my own person being but one particular man and not so much to be accounted of but most of all for that the same might tend to the publick harm of Gods Church whereof your Majesty by office ought to be Nutricia and also the heavy burden of your conscience before God if they should be put to execution ....... I thought it my duty by writing to declare some part of my mind unto your Highness beseeching the same with patience to read over this ........ If I should use dissembling silence I should very ill requite so many your Majesties and so great benefits for in so doing both you might fall into perrill towards God and I my self into endless damnation ...... I beseech your Majesty thus to think of mee that I do not conceive any ill opinion of you although I can not assent unto those two Articles then expounded I do with all the rest of your good subjects acknowledge that we have received by your government many and most excellent benefits as amongst others freedom of conscience suppression of Idolatry ...... I am also persuaded that ever in those matters which you seem to urge your meaning and zeal is for the best the like hath hapned to many the best Princes that ever were yet have not refused afterwards to be better informed ...... David hath not evill meaning when he commanded to number the people ...... Yet saith the Scripture his own heart stroke him and God by the Prophet reprehended him ........ And so to come to the present case ..... Surely I can not maruell enough how this strange opinion should once enter into your minde that it should be good for the Church to have few preachers Alas Madam is the Scripture more plain in any thing then that the Gospel of Christ should be plentifully preached and that plenty of laborers should be sent into the Lords harvest which being great and large stands in need not of a few but of many workmen There was appointed to Solomons material temple artificers and laborers besids 3000. overseers and shall we think that a few preachers may suffice to the building of the spiritual temple of Christ ...... I beseech your Majesty to note one thing necessary If the Holy Ghost prescribeth expressly that
established in all time coming concerning the wholl liberty of the patrimony of the Church and the due restoring of it unto the just owners according to the Word of God With certification to all and sundry of what estate or degree soever they bee that compeares not due advertisement being made unto them that they shall be repute heerafter as hinderers of this most godly purpose and as dissimulate brethren unworthy to be esteemed heerafter of Christs flock Seing God of his mercy at this present hath offered some better occasion than in time by past and hath begun to tread Sathan under foot And for the due requisition admonition in name of the eternall God to the effect foresaid of all and sundry the Brethren alswell in Burgh as Land the Church presently conveened in this Generall Assembly Giveth their full power commission unto their beloveds N. N. for the bounds of In verification heerof these are subscribed by the common Clerk of the Church in the Generall Assembly and second Session thereof at Edinburgh Juny 26. An. 1567. The Histor of Reformat Shewes that the Assembly waâ— induced to write these Missives and Commissions by the Noble men who had risen in defence of the young Prince because the Hamiltons and others had declared themselves for the Queen and many were Neuters The assembly continued two days especially for their ordinary particulares 3. It is ordained that it is not lawfull that a man should marry her whom before in his wife's time he had polluted with adultery 4. A publick fast is appointed namely in Edinburgh July 13. 20. The Assembly conveens again Iuly 21. where were four Earls seven Lords many Barons and Commissioners of Burghs besids Superintendents and Ministers Many Noble men which by Missives were required to come would not but sent excuses that they could not repair to Edinburgh because there was so strong a garrison there but for the Church affaires they would not be any way deficient One of their Letters I transcribe because it coutaines not only their purpose in time coming but the sum of the other Missives Wee have received your writing dated at Edinburgh Iuny 26. shewing that albeit God of his goodnes hath sent the light of the Euangell of salvation within this realm to the great confort prosperity of all the faithfull and their posterity nevertheless Sathan with his Ministers at every light occasion hath frustrate in times bypast the Ministers of their life and sustentation the lame and impotent members of Christ also ftustrat of their livings lying in the streets both hungry and cold And the wholl flock of Christ Iesus within this realm continually threatned to be made sacrifices by the practises of the enemies as your writing containes at length for remedying the which yee desire us to be in Edinburgh the 21. of this instant at the Assembly of the Church where a perpetuall order may be taken for the liberty of the Church of God the sustentation of the Ministry and failed members thereof so that all the members of the Church might by sure union and conjunction be more able to gainstand the violence of the foresaid enemies for answer it is not unknown unto you how the Nobility of the realm are divided because the Queen's Maj. is holden where she is and that the town of Edinburgh where yee disire us to conveen is keept straitly by one part of the Nobility and men of warr of their retinue to whose opinion wee are not adjoyned as yet And therefore wee can not think ourselves sure to conveen the said day and place yee desire us to keep And also think maruell that the whole multitude of Protestants have been desired to conveen in such a place the matter standing as it doth Nevertheless wee shall be well willing for our own part to set forward at all times the light of Christs Euangell to be truly preached the Ministers thereof to be sustained and the surth setting of the policy of the Church in all sorts so far as it may stand by law even as wee have been in all times by past since it pleased God to open our eies and shew the light of his blessed word and thus we will comber you with no longer letter prayes God to have you in his eternal protection c. The Lords that were in Edinburgh hearing these answers gave upon July 23. unto the Assembly these articles where upon they had agreed 1. that the Acts of Parliament holden at Edinburgh August 14. An. 1560. concerning Religion and abolishing the Popes authority should have the force of a publick law and that Parliament be defended as a lawfull parliament and be confirmed by the first Parliament that shall conveen 2. That thirds or any more reasonable portion of Benefices shall be allowed for mantenance of the Ministry and that there shall be a charitable course taken concerning exaction of tiths from the poore Labourers moreover that nothing shall passe in Parliament till the affaires of the Church be first considered approved established 3. that none should be received in the Universities Colledges or Schools for instruction of the youth but after due tryall of capacity and hability 4. that all crimes and offenses against God should be punished according to His word and that there shall a law be made there upon at the first Parliament 5. As for the horrible murder of the late King husband to the Queen which was so hainous before God man all true Professors in whatsoeuer rank or condition do promise to striue that all persons should be brought to condigne punishment who shall be found guilty of that crime 6. They all promise to protect the young Prince against all violence lest he be murdered as his father was and that the Prince should be committed to the care of foure wise and godly men that by good education hee might be fitted for that High calling 7. They promise to beat down and abolish Popery idolatry and superstition with any thing that may contribute unto it As also to set up and further the true worship of God his governement the Church and all that may concerne the purity of Religion and life And for this end to conveen and take Armes if need require 8. And that all Princes and Kings heerafter in this realm before their Coronation shall take oath to maintain the true Religion now professed in the Church of Scotland and suppresse all things contrary unto it and that are not agreeing with it These articles were subscribed by all the Earles and Lords and many Barons and Commissioners of Burghs At the same time Commissioners were appointed to conveen and advise upon the assignation of the stipends of the Ministry lately assigned by the Queens Majesty and the payment thereof The next Assenbly is appointed to conveen Decemb. 25. at Edinburgh The renunciation of the Crown and Royall power by the Qâ—een in favor of the Prince her son with a commission to
where matters left and that wee endeavour the reducing of them to the estate wherein they stood One thing wee may call to remembrance that when we traveled in the Parliament that the States would agree that the thirds should be decerned to appertain unto the Ministry they plainly opponed unto us in respect of the first Act alledging that with the sustentation of the Ministry regaird should be had to the support of the Prince in sustaining the publick charges wich if they had not some relief by that meane the revenue of the Crown being so diminished and the ordinary charges come to such greatness they must be burdened with exactions and so this dangerous argument compelled us to promise unto the States that wee would take upon us the Act being granted unto the Church they would satisfy and agree to any thing should be thought reasonable for support of the King and us bearing the authority which order had been sufficient for the wholl if intestine trouble had not occurred But the disobedience growing so vniuersaly wee are content to sustain our part of the enlake and loss for the time bypast but because there hath been murmur and grudge for that thing assigned to the Kings house and ours and some other nâ—edfull things in the State as that thereby the Ministry were frustrat of their appointed stipends Some communication was hade at Santandrews and nothing concluded untill the generall Assembly of the Church This now moveth us to write unto you in this form praying you to consider rightly the necessity of the cause and how the same hath proceeded from the beginming having respect that the Church will be very ill obeyd without the Kings authority and power and that now the property of the Crown is not able to sustain the ordinary charges how in the beginning the thirds had not been granted if the necessity of the Prince had not been one of the chief causes And at the Parliament as we have written the States stack to consent that the wholl thirds should be declared to appertain unto the Ministry untill wee took in hand that they being made without condition in favor of the Church the same would again condescend to so much as might be sufficient to the support of the publick affaires in setting forth the Kings authority And that therefore yee will now agree and condescend to a certain speciall assignation of what shall be employd to this use the quantity where of diverse of yourselves and the bearer hereof Master John wood our servant can inform you that thereafter yee may distribute to euery man having charge in the Church of God his stipend according to the condition of the place he serves in at your W. discretion Heerby all confusion that along time hath troubled the estate of the Church about the stipends shall be avoided and some speciall prouision being made for sustaining these publick charges wee may the better hold hand to see the Church obeyd in that whereon Ministers should live as we shall report that during our travels in the North they have found our effectuous good will and travell in their furtherance Further wee shew you briefly one thing that occurred at our late being in Elgin one Nicol sutherland in Forress was put to the knowledge of an Assise for incest and with him the woman the Assise hath convicted him of the fault but the question is whither the same be incest or not So that we delayd the execution untill we might have your resolution The case is the woman before was harlot unto this Nicol's mother-brother Heerin Master Ro. Pont can inform you more amply And at our coming to Aberdeen come one Porterfield Minister provided before to the vicarage of Ardrossam and required of us that he might also have the vicarage of Stevinstoun seing both were litle enough to sustain him and the churches were near that he might discharge the cure of both wee having him commended by sundry gentle men unto the same but we thought good to advertise you that this preparative induce not an ill exemple and corruption and if such things occurre heerafter let us understand what yee would have us to do As also concerning the Chaplanries that shall happen to vaik where in because as yet is no certain order prescribed some confusion continues some desiring them for life time some for infants that are not fit for schools and some for seven years Wee are somtimes pressed to receive or confirm assignations or dimission of Benefices the preparative where of seemeth to bring with it corruption And wee would be resolued how to proceed Before our coming from â—ife and since we have been very willing to do justice on all persons suspect of witchcraft as also on adulterers incestuous persons and abusers of the sacraments where in we could not have such expedition as we wished because we had no other probability but a generall delation of names the persons suspected being for the most part not tryed nor convicted by order of the Church This hindered many things that otherwise might have been done Therefore wee pray you appoint and prescribe how the iudgement of the Church may proceed and be executed against all such transgressors before coâ—plaint be made to us that when we come to the countries wee may execute the law and be relieved of the tryall inquisition of them Wee thought good to give you this advertisment and so remitting these all to your care diligence Committs you to the protection of the eternall God At Aberdien Juny 30. 1569. In answer unto these two particular questions the Assembly resolues that the case of Nicol is incest and that Chaplanries should be disponed to the Colledges or to the poor conform to the Act of Parliament and no otherwise The next assembly is appointed to hold at Sterlin Februaty 25. next coming but in the book of the Assemblies it is said expressly Because of the troubles falling out by the slaughter of my L. Regent it was delayd untill March 1. and to begin at Edinburgh It is to be marked in this former assembly that whereas of all the bishops three only did embrace or professe the Reformed religion to wit of Galloway Orknay Caitnes none of them had any power in the Church but by vertue of Commission that was given them by the Assembly upon account that they had the Church-revenues in the places and they might have supplied the place of Superintendents but when the charge was committed unto them they were alwayes found deficient in exercise thereof yea and guilty in ioyning with these which did oppose present authority as Adam bishop of Orknay joyned in mariage the Earle of Bothvell the murderer of the King with the Queen and the Authour of Vindiciae Philadephi pag. 28. testifies that it was clearly known to every one that the bishop of Galloway did ioyn with them who opposed the Governement of the King and did not only preach unto that
J. Christ correction of manners and administration of the holy Sacraments and declares that there is no other face of Church nor other face of religion than is presently by the favor of God established within this realm and that there be no jurisdiction ecclesiasticall acknowledged than which is and shall be within the famin Church or which flowes there from concerning the premisses 3. All markets and faires were forbidden to be keept on the Sabboth-day or in any Church or churchyaird so all handy-work on the Sabboth-day all gaming playing passing to taverns and aile-houses and wilfull remaining from their parish-church in time of Sermon or prayers and a pecuniall mulct layd upon the transgressours respective to be payd for the use of the poor of the parish 4. An Act was made concerning these who send their children out of country 5. Every housholder having lands or goods worth 500. pounds was obliged to have a Bible which at that time was printed in folio and a Psalme book in his house for the better instruction of themselves and their families in the knowledge of God 6. In the table of Acts not printed is mention of a Commssion anent the Jurisdiction of the Kirk the last part thereof Observe 1. The Parliament in the year 1560. is acknowledged to have been a lawfull Parliament 2. We may see that the disciplin at that time in the Church was authorised and ordained to continue Moreover what was the estate of the Church at that time wee may learn from an Epistle of Andrew meluin unto The. Beza dated Nouember 13. An. 1579. Wee have not ceased these fyue years to fight against pseudepiscopacy many of the Nobility resisting us and to presse the severity of discipline wee have presented unto his Roiall Majesty and three Estates of the realm both before and now in this Parliament the form of discipline to be insert among the Acts and to be confirmed by pulick authority wee have the Kings minde bended toward us but many of the Peers against us for they alledge if pseudepiscopacy be taken away one of the Estates is pulled down if presbyteries be erected the Rojall Majesty is diminished if Church-goods be restored unto the lawfull use the Kings treasury is emptied Seing the B. with Abbots and Priors make up the third Estate and all jurisdiction both ecclesiasticall and politicall belongeth unto the King and his Counsell and things ecclesticall should by their Sentence be adjudged unto the Kings treasure That they do speak or think so the cause in many is ignorance in others a wicked life and evill manners and in many a desire to catch the goods of the Church which yet remain or fear of losing what they have taken and what shall I say of that they hold that the Sentence of excommunication is not lawfull untill the cause be known by the Kings Counsell for they knowing their own guiltiness are feared for the Sentence of the Presbytery not so much for fear of Gods judgement as for terror of the civill punishments which by our lawes and practise do follow lastly whill they have regard unto the wisdom of the flesh more than unto the reveeled word of God they wish that all things should be carried in the name and at the beck of a Bishop or one perpetuall overseer and would have nothing administred by the common sentence of the Presbytery The Lord in mercy sweep away these evills from his Church This epistle is in Vindic. Philadelph Pag. 41. Immediatly before this Parliament the Duke d'Obigny afterwards styled Earle of Lennox came into Scotland towit in the last week of Septemb. as Spotswood shewes in Histor Pag. 308. Now if we conferre that time with what is written in that page his splene may appeare against the truth for he makes the Duke's coming to be a cause of variance betwixt the King and the Church at the Assembly preceeding where no difference was appearing but afterwards some what followes Jelousies and emulations were in the winter following among the Noble men as the Earle of Athol Chancelor was envied and died and others fled out of the Country but no variance did as yet appeare betwixt the King and the Church-men XVII In Aprile 1580. a Proclamation was made in the Kings name 1580. ex deliberatione Dominorum Consilii charging all Superintendents and Comnissioners and Ministers serving at Kirks to note the names of all the subjects alsweel men as women suspected to be Papists or ...... And to admonish them ...... To give confession of their faith according to the Form approved by the Parliament and to submit unto the disciplin of the true Church within a reasonable space ...... And if they faile ...... That the Superintendent or Commissioners present a catalogue of their names unto the King and Lords of the Secret Counsell where they shall bee for the time between and the 15. day of July next to come to the end that the Acts of Parliament made against such persons may be executed The Assembly conveens at Dundy July 12. here was the Laird of Lundy Commissioner The 38. Assembly from the King Commissioners c. James Lowson is chosen Moderator 1. Some spake against the Privy Conference as if tyranny and usurpation might creep-in by it and liberty were taken from other members nevertheless after reasoning it was judged expedient to continue 2. John Craig one of the Kings Ministers delivereth this Letter from the King Trusty and welbeloved friends Wee greet you well Wee have directed toward you our trusty friend the Prior of Pettinweem and the Laird of Lundy instructed with Our power for assisting with their power and counsell in all things that they may tending to the glory of God and preservation of Vs and Our Estates desiring you heartily to accept them and Our good will committed to them for the present in good part so wee commend you to Gods blest protection From our palace of Falkland July 11. 1580. 3. Forsomuch as the Office of a Bishop as it is now used and commonly taken in this realm hath no sure warrant authority nor good ground out of the Scriptures of God but is brought in by folly and corruption of mens inventions to the great overthrow of the Church of God The wholl assembly in one voice after liberty given to ail men to reason in the matter and none opponing himselfe to defend the said pretended Office Finds and declares the same pretended Office used and termed as is above said Unlawfull in itselfe as having neither ground nor warrand within the Word of God And ordaines all such persons as use or shall use hereafter the said Office shal be charged to dimit simpliciter quite and leave-off the same as an Office whereunto they are not called by God And to desist and cease from all preaching ministration of the sacraments or using any way the office of Pastors untill they receive de novo admission from the Generall assembly Under the pain of
Cambo refusing the censure of the Church violating the Ks Lawes and practizing against religion may be summoned according to the law That the Abbot of Holywood have no licence to depart out of the country And concerning D. Chalmers a Papist II. The Provest of Dundy and the Laird of Coluthy his Mas. commissioners crave that breethen may be authorized with commission to treat and conclude in such particulars as his Majesty hath to propound The assembly answereth They have found by experience â—ota that commission given to conclude hath done hurt unto the Church And where they are bidden not to medle with novelties they intend none III. Sundry references from Synods and presbyteries are discussed as one against the Bailives of Santandrews for a scandalous Letter published by them in presence of the congregation March 17 Another from Glasgow where Gawin graham and his complices were excommunicate and then upon repentance crave to be absolved they are remitted to their own presbytery after evidence of their repentance to be absolved c. The assembly conveenes at Edinburgh October 10. Robert pont is chosen The 46. Assembly Moderator I. The assembly is thinn Provinces are marked which have sent none and commissiones wherein all the commissioners come not that order may be consulted upon to correct them II. When an Act is concluded in the Generall assembly and no just cause interveenes to make a change of it it shall not be lawfull for any particular brother to call it into question in another Assembly III. The Commission for visiting the Colledges is renued II II. Because Commissioners are appointed and somtimes they depart before they have gotten their commission It is ordained that the Moderator receive from the Clerk the extract of every commission and send it timously unto the brethren IV. Ordaines every presbytety to call before them the Beneficed men within their own jurisdiction and take account how they have observed the Acts of the Assembly concerning the disposition of their church-livings and a just report to be made unto the next Assembly by the Moderator or their Commissioners as they will answer unto God and his Church And whereas some old possessors of taks pretend some particular reasons why the Church should consent It is ordained that such exceptions shall be first examined by the presbytery of that place and then returned unto the assembly that the suit may be decided according to equity V. The process led by the presbytery of Santand against Aleson Pierson with the process led by the same presbytery against Pa. Adamson and the process of the Synod of Fife justifying the accusation led against the said Patrik is exhibited and continued VI. In Sess 5. a supplication is read and allowed to be sent unto his Majesty as followes Sir the strict commission wee have received from the Eternall our God when in this your Ma s realm wee were made watch-men of his people and the fear full threatnings pronounced against these who neglect to execute faithfully every part of their weighty charge compell us presently to have recourse unto your Majesty perceiving things to fall forth to the great prejudice of Gods glory and no small appearance of utter wreck of this Church and Common well unless some remedy be hastily applied most humbly therefore beseeching your Majesty to weigh diligently and consider these few heads which with all reverence and observance wee do present looking for a gracious answer and speedy redress thereof 1. It is a great grief to the hearts of all them who fear God to see apostates sworn enemies to Christ to your Gr. and all your faithfull subjects forfeited for their treason some also suspected and heavily bruited for the murder of the most noble person your umquhile Father impugners of the truth by word and writ continuing still in their wickednes and unreconciled unto the Church To receive from your Majesty the Benefit of pacification to the prejudice of faithfull Ministers whom they labour violently by that means to dispossesse 2. That others from their youth nourished in the Church of God and thereafter fallen back fearfully and becom open runagates and blasphemers of the truth and maintainers of idolatry and of the man of sin lieutenant of Satan and oppressors of Gods people and nevertheless are received into Court authorized and so far countenanced that they are become familiar with your Majesty whereby besids the grief of your faithfull subjects many are brought to doubt what shall ensue upon such beginning 3. That an obstinat Papist sent into the Country to practize against God and quietness of your Gr. estate and therefore as worthy of death was imprisoned at your Ms command with promise that he shall not escape punishment yet as wee understand was by indirect means let depart and no tryall made to find out the author of his delivery 4. That your Majesty seemes to have too much liking of the enemies of God alswell in France as some within this realm who have never given testimony of any good meaning either in religion or your Majesties service besides the irreligious life and dissolute behaviour of them which in your Ma s service have succeeded to men that were known zealous in Gods cause and faithfull to your Gr. from your tender age 5. Since your Majesty took the Government in your own hand many promises have been made to take order for preserving the Church of God and continuance thereof unto posterity yet after long and continuall suit nothing is performed but in place of redress the Church is dayly bereft of her liberties priviledges 6. The thirds are set in tacks for sums of money in defraud of the Church so that Ministers hereafter cannot be provided 7. Abbecies are disponed without any provision made for the Ministers serving at the churches annexed thereunto directly against the Act of Parliam 8. Church-livings are given to children and translated into temporall Lordships 9. There is no punishment for incest witchcraft murder abominable oathes and other horrible crimes so that sin encreases dayly and provokes the wrath of God against the wholl country 10. Oftyms your Majesty interpones your authority by Letters of horning to stop the execution of the Acts made in the Gen. assembly in matters belonging properly unto the Church and no way concerning the Civill estate 11. There is a sore murmur among your Majesty lieges and a lamentable complaint that the Lawes of the Country have no place and none can be sure of his life lands nor goods These things threaten a misâ—rable confusion and the heavy hand of God to ensue Lastly wee most humbly beseech your Majesty to suffer us lament this great division among your Nobility and subjects the one part seeking by all means possible for their interess to persuad your Majesty to undo the other whereby continuall strife malice and rancor is fostered to the great danger of your Ma s person Whom God preserve unto his Church
more and more and the Church was wondrously darkned with mens Traditions apparitions of spirits were frequent which when the Bishops and Priests did receive they were deceived and made no small Apostasie from the true faith into the confidence of merits and mens satisfactions So that Iohn de Molin in Specul Carmel cap. 6. hath truly observed that from the time of the Emperour Heraclius unto his own time The day declined to the evening and the Church hath suffered an Eclipse yea and almost made defection Io. Bal. cent 1. 74. appr 2. About these times saith another men were as it were made for barbaritie and many of the Ancients in whose books was the doctrine and acts of antiquitie being forsaken through negligence did suffer another and worse death In all which following calamities the Monks were not the least Agents for when the Monkish life was had in admiration the Popes thought them the fitter instruments in prosecuting their pleasure Before that time they had not authoritie to preach the word nor administer the Sacraments as may be seen at length in Gratian. caus 16. especially qu. 1. cap. Adjicimus there is an ordinance of Pope Leo I. that none but the Priests of the Lord should preach the word whether he were a Monk or Laick whatsoever measure of knowledge he had and Cap. hinc est etiam it is said The Ecclesiastical historie testifieth that untill the daies of Eusebius Losinius and Siricius Monks were only Monks and not Clergie And Gregorie lib. 4. Ep. 1. No man can serve in the Office of a Church-man and continue in a Monkish rule ordinarily And they all were Laicks except the Abbot saith Bellarmin de Monac lib. 2. cap. 4. and Spalatens de Rep. Eccles lib. 2. cap. 12. proveth it at length but they were subject unto the Priests of the Parish in receiving the Sacrament or if they were many they had their own Priest as Epiphanius ordained Paulinian Priest of Saint Jerom's Monasterie Bellarm. de not Eccles lib. 4. cap. 10. But Pope Boniface the IV. gave them libertie to preach and his successours gave them power of binding and loosing and although they had not charge of souls they made them equal in power everie where with the Priests in their own Parishes Gratian. caus 16. qu. 1. Sunt tamen They did cloak their idleness with profession of povertie according to the order of Saint Basil Augustine and other fathers which rules of the late Monks were so far from the institution of the Fathers that they never had dreamed any such thing could follow saith Pol. Vergil de invent rer lib. 7. cap. 3. for according to the institutions Monks had nothing of their own neither did live chargeably unto others but upon the works of their hands and they gave their works unto their Decanus saith August de mori Eccles Cathol lib. 1. cap. 31. and in Reg. 2. tradita Fratrib cap. 2. he commandeth them to read some hours to pray some hours and to work some hours Chrysost hom 59. ad pop Antioch saith They know not begging and Bellarm. de monast lib. 2. cap. 43. and Durae contr Whitak fol. 387. out of Jerom Epiphanius and others shew that all the Monks in old times did work as the Apostle had commanded except one Monasterie of Saint Martin so writeth Basil in exercit ser 4. But in the seventh Centurie they had fair Cloisters Princely Abbies rich Revenues and what did they not purchase But no work at all amongst the most part of them so that Bernard crieth in Apolog. ad Guil. abbat O how far different are we from the Monks in the daies of Antonius And in Epist 42. he saith Work dark places voluntarie povertie these do nobilitate Monks but your eies behold everie thing your feet tread in everie market your tongues are heard in all Counsels your hands do pull unto you everie patrimonie As they were not sloathfull in their own affairs so when the Popes and Bishops began to have more care of policie preferment and such earthly things and each one to strive against the usurpation of another more then they did study the Scriptures Then the Benedictines and afterwards other sorts of hypocrites were sent under colour of preaching Christ but indeed to deceive the world and to perswade men to submit themselves unto the See of Rome The Monks propined the cup of fornication to all nations they perswade Kings to subject their Crowns unto the High-priest and they were the sowers of his superstitious rites and other errours as may be seen at length in the Historie of the Councel at Trent in the Congregations of the 4. and 5. Sessions where the Bishops and Rulers sought to take these liberties from Monks but the Romish Courtiers would not The Bishops of Spain and Gallicia in the 4. Councel at Toledo did espie this hypocrisie and Cap. 52. did ordain That Bishops should restrain all Religious persons so did the Monks call themselves as if there were no religion in others who were not of the number of the Clergie and went from place to place And each Bishop should compell them within his Diocie to return into some Monasterie or take them to a Parish unless they were dismissed for age or sickness This Act could not stand for the mysterie of iniquitie must go on So that justly doth I. Hooper Bishop of Glocester and Martyr an 1555. call the Monks the pale horse saying This pale horse is the time wherein hypocrites and dissemblers entred into the Church under pretence of true religion they killed more souls with heresies and superstition then all the Tyrants that ever were did kill bodies with fire sword or banishment as it appears by his name who sitteth upon the horse that is Death for all souls who leave Christ and trust to these hypocrites live unto the Divel in everlasting pain these pretenced and false hypocrites have stirred the Earthquakes that is the Princes of the World against Christ's Church Letters of Saints and Martyrs Printed an 1564. pag. 116. By their Sermons they did commend the primacie of the Pope everie where and Boniface the V. and then other Popes gave them so many Prerogatives that they who had the greatest desire of libertie became Monks Erasmus in Vita Hieron Yea and Kings forsaking their Scepter betook them to a Monkish life as Bambas King of the Goths in Spain and some retaining their Crowns professed themselves of the Order of Monks by dispensation With provision that they give Revenue to one Abbey or more and the Church that is the Popes and their Members the Monks suffer no loss or in a word that Monasteries may be enriched At first out of the Monasteries as Colledges were chosen Presbyters who were esteemed of an higher degree August Epist 76. ad Aurel. and Pelagius the I. Bishop of Rome writing to Antonia and Decia saith I wish that those who are nourished by us in this habit and in Monasteries may when they shall
This Act is to be expounded by another following in the Councel at Cabilon And the Fathers protest that if it seem they have passed bounds in admonishing his clemency the Act be amended Ca. 8. We will that Bishops have power to provide rule govern and dispense Spiritual and Ecclesiastical things according to the authority of Canons and that Laicks be obedient unto Bishops in their ministry to rule the Churches of God to defend widows and fatherless And that Bishops should consent unto Counts and Judges to do justice and that just Laws be not corrupted by lies false witness false oaths or rewards Ca. 10. We decree that there be a distinction between them which are said to have left the World and them who yet follow it It is therefore provided by a Law of the Fathers that who are separated from the secular life should abstain from worldly pleasures as that they be not present at games nor unhonest and filthy bankets Jerom ad Nepotian saith We should love the houses of all Christians as our own but so that they may know us rather for comforters in their griefs then feasters in their joviality let them not be Usurers nor seekers of filthy gain nor exerce any fraud let them fly the love of money as the mother of many evils let them leave secular offices and affairs let them not ascend the steps of honour ambitiously let them not take gifts for the benefits of Divine medicine beware of guile and oaths fly envy hatred and back-biting nor walk with wandring eys with unstable and wanton tongues or proud carriage but let them shew forth the shamefacedness of their minds in simple habit and conversation let them altogether abhor the filthiness of words as well as of deeds eschue the frequent visitations of widows and virgins and no way haunt the houses of women let them indeavour alwaies to keep the chastity of an undefiled body giving due obedience unto their Superiours Lastly let them be diligent in teaching and reading in Hymns and Psalms continually They who give themselves to be servants in God's worship should be such that all that while they study to knowledge they may administer doctrine unto the people Ca. 11. Abbots and Monks are ordained to conform their lives unto the rule of Benedict even as they have promised Ca. 12. Monks are forbidden to go out of their Monasteries unless upon necessity and with leave of their Abbot Ca. 16. To leave the world is to resist the pleasures of the world as Paul saith Who use the World as if they used it not Ca. 17. We who have left the World should wholly observe this that we have spiritual armour and forsake secular armour nor may we stay the Laity from bearing weapons because it is an old custom Ca. 24. We ordain that fasting be kept four times a year by all men that is the first week of March and all should come unto the Church on the fourth sixth and Sabboth daies the second week of June on the same daies and let all fast untill the ninth hour or third hour after noon likewise the third week of September and the whole week before Christ's nativity Ca. 35. If any shall proudly contemn the Fasts and will not keep them with other Christians it is ordained in the Gangrene Councel that he shall be accursed untill he profess amendment Ca. 38. We command that Tithes be alwaies payed which God hath commanded to be given unto him lest if any one hold from God his due God take away his necessaries from him for his sin Ca. 44. Let the people be alwaies admonished to make their Oblations in the Church for this is a soverain remedy for their own souls and the souls of theirs Ca. 45. Let Priests admonish the people alwaies to learn their Creed which is the sum of faith and the Lord's prayer and we will that they be condignly censured which contemn to learn these two and therefore they should send their children unto a School or Monastery or to a Priest that they may learn the Catholick faith and the Lord's prayer that they may be able to teach others at home and who cannot otherwise let him learn them in his own language 2. In the Councel at Worms is first a Confession of faith which is a plain and sound exposition of the Creed of the Apostles and no mention in it of Christ's descending into Hell Ca. 1. None should presume to make chrism but the Bishop Ca. 4. Let no Church be consecrated untill the Bishop receive the gift of the Church confirmed by Charter and sufficient means for him who shall serve in it Ca. 8. Of the Revenues of the Church and Offerings of the Beleevers let four portions be made one for the Bishop another to the Clarks for their service a third for the poor and strangers and the fourth to be kept for the Fabrick of the Church Ca. 10. All Clarks are forbidden to lie with their wives upon pain of deposition Ca. 17. Let no Bishop Priest nor Deacon have Dogs for hunting nor Hawks Ca. 25. Let Pennance be injoined unto Penitents at the pleasure of the Priests according to the difference of faults and quality of time persons places age sighs and affection of offenders Ca. 32. All Christians are forbidden to marry any of their kindred so far as can be known Ca. 35. Women who cause themselves to make abortion should without all doubt be punished as murtherers but who in their sleep do smother their babes we should judge more easily of them because they have fallen into this mischance unwillingly Ca. 41. Who continue in malice and envy after they are admonished by the Priest should be excommunicated Ca. 51. Unto each Church a manse should be given free from all service and the Priests should give no service but Ecclesiastical for Tithes for the peoples oblations alterages Church-yards but if they have any other thing let them pay dues unto their Superiours Ca. 51. When means may be had at the sight of the Bishop let every Church have their own Presbyter Ca. 52. If a Church be new built in a Village let the Tithes of that Village be payed unto that Church Ca. 61. When witnesses cannot be had to testifie of the certainty that an Infant was baptized nor themselves can shew that they were baptized without all scruple they may be baptized Our neighbours the Mores advise us to do so because they redeem many such from the Barbarians 3. In the first words of the Councel at Rhemes An. 815 it is said expressly This is assembled by the Emperour after the manner of ancient Emperours Here the Epistles and Gospels were read for information of Deacons Ca. 6. The Missals were examined for information of Priests Ca. 9. The rules of Benedict were read for reformation of Monks Ca. 10. Liber Pastorales of Gregory was read for reformation of Pastours Ca. 11. Divers Sentences of several Fathers were read that both Prelates
corporally present in Transubstantiation the Sacrament Whence it was questioned Whether the bread evacuateth or the substance of it be changed into Christ's body Lombard could not define the question and sheweth the different opinions of others Lib. 4. Dist 11. Innocentius setteth it as an Article of faith that the bread and wine are transubstantiated into Christ's body and blood cap. 1. In cap. 2. the doctrine of Joachim is condemned but not himself In cap. 3. all men are cursed who hold not the faith which is in cap. 1. and they are ordained to be punished by the Magistrate and if they be Laicks their goods shall be confiscated or if they be Clerks their goods should return to the Church where they had their Benefice He ordained that all Magistrates should swear at their admission to banish all who are discerned Hereticks by the Church which if they be slack to do they should be accursed and if after excommunication any shall continue a year the Metropolitan should give notice unto the Pope who shall absolve all the subjects from obedience and give his Land unto others who will expel the Hereticks Item He who is declared an Heretick should not be admitted unto the Sacrament nor unto Christian burial nor should alms nor oblations be received from such Item All Bishops should twice or at least once in the year visit all their Diocy where is any suspicion of heresie and cause three or more men of best account or if need require all of the bounds should be compelled to swear whether they know any Hereticks there or if there be any privy meetings or any persons different in maners from the common conversation of others Cap. 10. Because the food of God's word is necessary unto Christian people and Bishops are hindered by many occasions from teaching their people therefore they should employ sufficient men to preach and visit and they should provide necessaries unto such This was a safe-guard unto unqualified and non-resident Bishops Cap. 13. There should be no more religions or society of Monks because there are too many already if any will be a Monk let him go to one of those sorts that are approved and if any will found a new Monastery let him take one of the former rules Cap. 19. We will not let this pass without correction that some of the Clergy adorn the Churches with their own and other mens goods that they are more like to Laicks houses then to the Churches of God Ca. 21. All believers when they come to the Auricular confession years of discretion should confess all their sins unto his own Priest once a year and accomplish the pennance that shall be enjoyned and should communicate at least at Easter unless his own Priest think good that he should abstain Neither may a Priest reveal unto others what hath been confessed These private confessions were in use before but then made necessary as also here it appeareth that before were no confessaries but the Priests until afterwards the Monks obtained this priviledge Ca. 22. Because when one is sick and the Physician biddeth send for a Priest the patient often despaireth of health and so falleth into greater danger therefore the Physician shall at the first bid send for the Physician of the soul Ca. 29. Plurality of Benefices is forbidden unless the Pope think good to dispense with some persons who are to be honored Ca. 31. Because Patrons detain the Church-revenues so that in these Countreys scarcely is found any Parish-Priest that hath but the least knowledge of letters therefore we ordain that a sufficient portion be assigned unto the Parish-Priest who should serve not by a Vicar but personally c. Ca. 42. As we would not that Laicks usurp the power of Clerks so we will that Clerks usurp not the power of Laicks Ca. 46. Magistrates should not exact taxations from the Clergy unless the Clerks will willingly contribute when they see the necessity of common burthens and even then not without the advice of the Pope Ca. 50. The prohibition of marriage should not exceed the fourth degree of blood or alliance because there are but four humors in mans body or it consisteth of four elements This is a fair pretence but it was a remedy saith Po. Virg. de inven lib. 5. cap. 5. against the Decree of Pope Julius who had ordained that marriage should not be within the seventh degree by which severity it came to pass that men could not finde marriage within their City and this Decree is observed saith he but he might have added unless men will pay for a dispensation and so no degree hindereth marriage as I have touched elsewhere and experience sheweth Likewise Pope Celestin the III. gave a judicial sentence If a married person fall into heresie the other spouse may marry another But this Innocentius ordained contrarily that heresie should not be a cause of divorce Extra de divort c. Quanto The election of the Pope was restrained unto the Cardinals by Pope Celestin the II. and this Innocentius confirmed that Act and added that the holy Colledge of Cardinals should have jurisdiction in all places and have authority over all men and power of judging the causes of all Princes and of bringing them into their Kingdoms or depriving them Cumi Ventura in Thesor Politic. pag. 388. printed at Frankford An. 1610. Peter King of Arragon made his Realms of Arragon and Sardinia tributary unto the Chair of St. Peter for the salvation of his soul forsooth in the days of this Innocentius He sat eighteen years and seven moneths After his death he appeared unto Ludgardis when she saw him compassed with so great fire she asked Who he was He answered I am Innocentius She groaned and said How is it that our common father is so tormented He answered I am so tormented for three causes which most justly had condemned me unto eternal punishment if by the intercession of the most holy Mother of God I had not repented at the last gasp I have indeed escaped eternal death but until the day of judgement I am tormented with most cruel punishments and that I could come unto thee to seek thy prayers the Mother of mercy hath obtained it from her Son And having spoken so he vanished The Nun declared his necessity unto her sisters that they would help him and lamenting his case she afflicted her self wonderously Let the reader understand saith my Author that I am not ignorant of those three causes which Ludgardis told me but for reverence of so great an high Priest I will not report them Bellar. de gemitu col lib. 2. cap. 9. ex Suri in vita Ludgar 2. HONORIUS the III. confirmed the Order of Dominicks and gave them priviledge of preaching and hearing confessions albeit they had not cure of souls or parishes He confirmed also the Orders of Franciscans Augustinenses and Carmelites He ordained that every one should bow their knee at the lifting up of the
the valiantness of his Father and Grandfather Pope John said Solomon's Son was not very wise So he rejected them both and alledged that according to former Acts of his Predecessors now he was Emperor Wherefore wars continued eight years and John proclaimed against them both alledging that the Imperial Crown is the gift of the Pope since it was decreed that the Germans may elect their King but then he is Emperor when the Pope of Rome who is Father and Prince of all Christendom doth approve him and when the Electors cannot agree none is King but the Bishop of Rome governeth at his pleasure even as the soul should command the body by whose benefit it liveth and so shall the world be well ruled when profane things are subject unto spiritual ...... For these causes seeing two are chosen .... and neither of the two seemeth worthy unto us said he we command that within three months they both renounce c. The most did follow Lewis At Frankford was a frequent Diet of the Princes and all the Electors Frederick was a captive there many things were decreed for the honor of the Empire and that Lewis should provide that the liberty of Germany be not turned into bondage and whosoever will maintain the Acts of Pope John is an enemy of the Republick Immediately Otho Bishop of Carintha and Lambert Bishop of Tolouse the Pope's Legates were expelled out of Germany All the Bishops Prelates Priests and Monks obeyed the Decree only the Dominicans inclined sometimes unto the Emperor and sometimes unto the Pope By Authority of that Assembly an Act was A description of the Pope published that is in Aventin lib. cit The heads are Christ the Savior our Lord and God and his chief Apostles Peter Paul James and John have foretold that perillous times were coming after their departure and they have sorewarned especially that we should beware of false Christs false Apostles and false Prophets who are so called from the lyes of their feigned Religion terming themselves Priests when they are the messengers of Antichrist their insatiable thirst of honor and money their letchery and pride being most manifest bewray them we deny not but confess sincerely that our times cannot endure any censure ...... long custom prevaileth above truth indignation breaketh our silence seeing from Heaven we are set in the highest watch of human affairs we cannot be silent lest we prove to be dumb dogs that cannot bark as the Prophet speaketh although we cannot drive away the wolves because of the iniquities of the times yet it is our duty to resist them and declare who they are although we cannot prevail against them lurking under sheeps skins as we would yet it is in some measure sufficient unto those who cannot attain to have a willingness to do Then they apply unto John shewing how that he vexed the Church of Christ and compelled Christians to draw their swords against Christians and brought people into a custom of perjury rebellion and conspiracies and they add Neither can Christians keep peace when God giveth it they are so troubled with this Antichrist so great is the madness of this man or rather Satan that openly in Assemblies he proclaimeth his wickedness as if they were good works When Christian Princes are at variance then indeed he is Priest of Rome the great Priest then reigneth and domineereth when all things are wasted with jars and broils and his power becometh terrible he might have most easily restored peace with one Letter but he hath no will that peace be among us yea by him rather was the discord increased he feigned now to favor Lewis and then to love Frederick as each of them was weaker he promised his aid unto the weaker he did purposely invite both unto the Coronation and gave fair words unto both when they were ready to have agreed he peswaded them unto Arms all these things he doth craftily that when we are undone by intestine wars he may destroy the Empire and possess Castles Towns and Republicks ....... When he is capital foe and publick enemy yet he will be Proctor Witness and Judge in his own cause .... what he pleaseth he judgeth lawful ...... he assumeth the spirit of Satan making himself like unto the most High and suffering himself to be worshipped which the Angel forbad John to do and his feet to be kissed after the manner of Dioclesian and Alexander two most cruel Tyrants ..... Those Popes have thrust Caesar out of Rome and Italy and Christ out of the Earth they permit the Heavens unto him and have taken Hell and Earth unto themselves and they will be believed not only called gods of the earth and of men as if they reign over the souls and tongues or as if they had divided the Empire of the world with Jupiter how contrary are these things Crucified and Supream power a Soldier and a Priest an Emperor and a Pastor ..... he is the two headed Beast who is Augustus and the great high Priest as we read of Nero Decius c. Then they refute the particulars of the Pope's Bull finally concluding If he be not the Antichrist certainly he is his forerunner from whom we appeal unto the Christian Senate of the world This Apology of Lewis prevailed even among his foes that the Earl of Tirolis and some others dealt for peace between Lewis and Frederick Lewis had the other captive and he set him at liberty on condition that he should renounce the title of Emperor and within few years he died Then Lewis was sole Emperor and he went into Italy An. 1327. being invited by the Gibelines to aid them against the Gwelphs and he exercised the Imperial Authority where he came therefore the Pope excommunicated him Platin. But Tho. Couper in Epist saith He was accursed because Udalrick the Emperor's Secretary without the Emperor's knowledge in an Epistle had called the Pope the Beast rising out of the Sea The Emperor did often profer a treaty of peace but the Pope would not hear of it Many learned men both Divines and Jurists of Bolonia and Paris wrote then against the Pope as followeth When Lewis could not obtain confirmation from the Pope he entred into Rome and was received gladly he and the Empress were crowned by Stephen Colonna Vicar of Rome with full consent saith Platin. of Nobles and Cardinals The City was then governed by their own Citizens under the title Vicars of the King of the Romans Plat. in Iohan. There he assembled a very frequent Synod and declared more fully 1. What wrongs he had suffered from Jac. de Cadurco alias Pope John the XXII or rather the mystical Antichrist said he and Abiathar who had followed Absalom against David And he did not only thus complain but also the Orators of the Armenians and other Nations against whom John had covenanted with the Turk 2. He shewed what Authority other Emperors had exercised against the Popes when they were found vicious
the Danube near unto Frioli in Italy and on the North he marcheth with Poland and Muscovy In Affrick his ditions are for the most part barren except most fertile Aegypt This Empire is now governed by twenty Bassaws of which three are in Europe the most potent is in Greece another in Hungary and the third in Temisnara in Asia are thirteen three in Affriâ—k and one in Cyprus Cumin Ventura in Relatio de Vrbe Constantinop Wheresoever they prevailed they either slue all the inhabitants or led them away in such misery that they lived so that death had been more tolerable Bathol Georgueviz lived amongst them the space of 13. years about the year 1540. and returning writ a book Deploratio Christianorum which was printed at Wittemberg An. 1560. there he saith If any man had foreknown that calamity they would rather have chosen to have died a thousand times if in any place death be mixed with life or if life be prolonged that men may be long a dying it is under the Turks the bondage in Aegypt the captivity in Assyria and exile in Babylon are light in comparison of this most grievous oppression for whether Christians do submit unto them or not it is all one if these prevail as in their promises is no fidelity so is no mercy in their victory they kill all the Nobility and scarcely spare any of the Clergy they throw down all the Churches or turn them to their blasphemous superstition leaving unto Christians old Chappels which when they decay it is permitted to rebuild for a great sum of money neither are Christians permitted to have any audible sign of assembling but only as it were by stealth to exercize their religion neither may a Christian bear Office in any Province or City nor carry a weapon if any blasphemy be spoken against Christ or contumely against a Christian he must hold his peace but if thou speak against their Mahumet the punishment is fire or if against their religion thou shalt be circumcized If a Christian on horseback do meet a Turkish Priest he must come down and with low courtesie salute the Priest Every Christian now must pay the fourth part of all his increase as well of their Corns and Bestial as of their handy-work and every Master of a family paieth a ducate yearly for every person of his family if the Parents have it not to pay they must sell their children and others are compelled to beg it or they are condemned to perpetual prison and still it is free unto the Turk to take the most handsom of the Christian children and circumcize and bring them in their Cloisters to be Seminaries of his Janizaries or guard and of his Souldiers so that they hear not of Christ nor Parents yet many of these Janizaries carry under their arm pits a New-Testament in Greek or Arabick From amongst the fairest of the Christian daughters the great Turks hath his Wives and Concubines and it is religion unto them to do otherwise So that by custom or contempt of the old Turkish blood the present Emperours and Janizaries and Bassaws are descended of the Christians Both the Christians and the Janizaries in these Provinces do heartily wish the revenging Sword of Christians to deliver them from their wofull thraldom and the Turks stand in fear of it because of such a prophesie amongst them Georgieviz de affectione Christianor The multitude of the Turks are base minded being destitute of all learning for their Laws forbid Schools and they live most by Pasturage Euphorm in Icon. animor cap. 9. This brief glance of the power and tyranny of the Turks is usefull for understanding some passages of the Scriptures as also to move others unto compassion and praiers for the Christians whose troubles we know not and to make us the more thankfull for our tranquility and liberty and more patiently to bear sickness a little penury or if it were banishment for Christ's sake c. which light things many do impatiently undergo because they know not the heavy crosses of other Christians Yea and for cleering the justice of God in all these heavy burthens of Christians it may be marked out of Nicep Gregoras and Chalcocondylas their Histories that though these Greeks were very constant both in the Doctrine and Rites of their Antients yet amongst their Nobility were manifold divisions and strifes amongst their Clergy great ambition and contention and especially they complain of the wretchlessness of the Emperours and the infinite Taxes which they exacted of the people so that many did even before the loss of Constantinople chuse to live under the Turks and the rather because at that time the Turks dealt fairly with the Christians that would come and dwell in their Towns and proffered them liberties and it was upon occasion of these grievances that some Greeks came into Italy and Germany in the beginning of that Century CHAP. IV. Of BRITAIN 1. WHilest King Richard was living in prison Henry the IV. was Crowned King of England An. 2. chap. 3. he ordained that if any person should obtain from the Bishop of Rome any provision to be exempt from obedience regular or ordinary or to have any Office perpetual in any house of Religion he should incur the pains of Praemunire And chap. 15. He gave authority unto Bishops and their Ordinaries to imprison and fine Civil power of coaction gâ—ven to Bishops who exerce it cruelly all Subjects who refuse the Oath ex Officio Here by the way I add that in the Parliament of King James An. 1610. Stat. 1. it is said Whereas the Temporal Sword was never in the Prelates power untill the 2. of Henry the IV. and then usurped by them without consent of the Commons for say They were truly Ecclesiastical yet it is against the Laws of God and of the Land that they should meddle with civil jurisdiction therefore is an Act past against it and the Oath Ex Officio In the same Parliament of Henry the IV. it was ordained that all Lollards that is who professed the doctriue which Wickliff had taught should be apprehended and if they should remain obstinate they should be delivered to the Bishop of the Diocy and by him unto the correction of the Secular Magistrate to be burnt This Act was the first in this Island for burning in case of Religion and began to be put in execution the same year 1401. and Thomas Arundel Arch Bishop of Canterbury swore that he would not leave a slip of the Lollards in the Land At that time did suffer William Sawtree a Priest William Swinderby Richard White William Thorp Reinold Peacock once Bishop of Saint Aâ—â—ph and then of Chicester Io. Fox in Acts Mon. Many errours were imputed unto them maliciously but as Ph. Morn in Myster pag. 495. shews ex Walsing in Hypodeig they held no other doctrine but of the Waldenses George Abbot contra Hill in answer to the first reason sec 25. shews that
frier John forrest was brought to Santandrews for saying Pa. Hamilton died a Martyr because they had not clear proof against him another frier Walter Laign was sent to confesse him he askes him in way of confession What is his judgement concerning Pa Hamilton Forrest answereth I think he was a good man and the articles might be well defended for which he was condemned This is sufficient evidence to condemn him unto the fire When they lead him out to be degraded he cried among the people Fie on falshood fie on false friers revealers of confession let never a man trust them after mee they are despisers of God and deceivers of men While they consult upon the manner and place of his execution John lindsay a gentle man waiting upon the Bishop said If yee will burn any more do it in a hollow cellar for the smoke of Mr Pa. hamilton hath infected all these on whom it blew Nevertheless he was burnt at the north side of the abbey that the hereticks of Anguise might see the fire The persecution goeth-on James Hamilton of Livinston brother of the Martyr and his sister Caâ—herin were summoned to compear at Halirudhouse before the Bishop of Ross The King adviseth the gentleman not to appear he was condemned for not obeying Catherin was asked whither she believes to be justified by works She answered I believe no person can be justified by their own works John spence a Lawyer had a long discourse of the diversity of works of congruitie and of condignity c. The young woman saith Worke here work there what kinde of work is all this I know perfitly that no work can save mee but the works of Christ my Saviour The King laugheth at the answer and taking her aside persuades her to recant her opinion and by her example sundry others at the same time were moved to abiure their profession as Wi. kirk a priest Adam daes c. So soon as these were dismissed Normand gourley and David straton were brought to tryall Norman was charged for denying Mo are persecuted purgatory and that the Pope had any jurisdiction in Scotland David had been turbulent and was by conference with John Erskin of Dun becom another man and God had kindled in his heart such love to the knowledge of trueth that he oft prayd for spirituall courage if he shall be brought to suffer for Christ He was charged for maintaining that tyths were not due to Church-men He denied that he had said so but said he I send a fish-boat to the sea and they are so rigorous in craving the tenth fish that they can not be contented and I said If they will not believe how many fishes are taken go and see where they are taken yea and I gave order to my servants to cast the tenth fish into the sea And â—e was further accused of the same points wich Norman He was condemned with him and was offered to be spared if he would burne his bill which was then vsed as the signe of recanting but he would not So they were burnt together August XXVII year 1534 At the same time were summoned Alex Alesse Jo. Fife John macbee and one Macdowall they fled into England and thereafter into Germany the first two were Professours of Divinity in Lipsia the thrid was called Maccabeus and was Chaplain to Christian King of Denmark As the history of the Reformation shewes there were civil broils in the countrey and the persecution was interrupted untill the year 1538. and in the mean while the knowledge of the truth increaseth partly by conference of men about what had been done and partly by reading the New testament in English and partly by report of merchants and â—eamen telling what was a doing in other countries in the cause of religion The bb and their officialls accurse many for triffles and pecuniall causes the people contemn their excommunications therefore the bb would strengthen their sentences by civill autority and procure an act of Parliament against such who lay 40 daies under excommunication James 5. Parl. 4. Act. 8. III. The heat of persecution in England seemed but to begin in year 1527. The beginning of Reformation in England those who before were called Lollards were then called Lutherans great numbers were burnt whereby the King thought to promerite the Popes favour Behold how God brings light out of darknes When King Henry had been 20 years married he falles into the scruple whither his marriage was lawfull but who can tell whither he was so touched indeed or King Henry intends to divorce but a pretext in respect he had not a son or that he loved another woman Yet so it was he abstaines from her company and speakes of divorcement The Queen sendeth unto the Pope and complaines the King also sendeth and craves that the Pope would justify by the sacred word the former dispensation to marry or dissolve the marriage How this was carried in the Popes court none can declare better than an Italian and so Pe. Soave in Histor Conc. Triden hath it thus Pope Clemens in time of his distress had It is pleaded at Rome good hope if the Kings of France England shall continue in his grace and make disturbance unto Cesar in the Kingdom of Naples therefore he dispatches Card. Campegius into England and commits the cause unto him and the Card. of York The King was certified by letters from Rome that the cause shall be discerned speedily in his favours this was in the year 1528. But when Clemens considereth that the Emperours favour was more usefull unto him in recovering the City Florence in the year 159. he sent Francis Campana unto Campegius ordering him to burne his former Bull and proceed warily in that cause Campegius deviseth pretexts of delay and pretends difficulties The King observes his jugling and askes the advice of the Universities in Italy Germany France Some were against his mind and some for him especially the Parisians and many thought that they were moved by his gifts more than by weight of reason But the Pope whether willing to gratifie Caesar or fearing that by means of the Card. of York some what might happen contrary to his mind drawes back the cause unto himself The King being He marryeth without the Popes indulgence impatient and smelling the fraud forsakes Catharin and marrieth Anna Bolen in the year 1533. Nevertheless the plea is continued but slowly that if the Pope can he may both satisfie the Emperour and decline the offense of the King And then he touches not the point but some accessory articles especially he decerneth against the King that it was not lawfull for him by his own authority and without the Sentence of the Church to forsake the company of his wife When the king understood this in the beginning of the year 1534 he denieth obedience unto the Pope and chargeth all his subjects that they send no mony unto Rome nor pay
Peter-pence unto any of the Collectors This vexeth the Romane Court and all their thoughts were upon remedies Many would proceed with censures against the king and interdict all Nations to have commerce with England but they took a more moderate course to serve the time and by intercession of France to compose the business And Francis undertooke it and sent the Bishop of Parise unto Rome with tolerable propositions and in the mean while they went on slowly at Rome that they would decern nothing unless Cesar would either first ot at the same time revenge by the sword his cousin's wrong The plea was branched into 23 articles as 1. whether Prince Arthur had carnall copulation with Catherin The half of Lent was spent on this question then March 19 Newes were brought to Rome that a famous libell was published in England against the Pope and all his Court and that before the king was a comâ—dy to the great reproach of the Pope and the Cardinals Then all were in a rage and March 24 they pronounce sentence that the marriage betwixt Henry Catharin was lawfull and unless he hold her for hiâ— wife he shall he reputed as excommunicated This praecipitation pleaseth not the Pope for within sixe dayes Letters come from France shewing that Henry is content to submitt unto their judgement and obey the Pope if such Cardinals were secluded of whom he was jealous and such as were free of suspicion were sent to Camerac and there determine the plea and Francis sent Oratours for tâ—is effect Thâ—n Clemens adviseth on pretenses to suspend the Sentence and recover a lost cause But Henry said Their Sentence was nothing unto him he is the only Lord of his own kingdom as the Pope is the only Bishop of Rome and he will do as the Easterne Church did of old He renunceth the Pope and takes his power unto himself in England to wit he will keep the Christian faith and cast-off the Popes authority nor will he suffer that the Lutheran or any other heresy have place in his â—ealm And so he did for he publisheth an Edict whereby he declares himself The head of the Church of England and chargeth upon pain of death that no man assâ—ribe any power unto the Pope within Englâ—nd and commandeth all the Collectors of Peter-pence to be gone All those were confirmed by ordinance of the Estates which they call the Parliament And it was also Acted that the archb of Canterburry shall invest all the bb of England and that the Churchmen shall pay yearly unto the King 150000 pounds for defence of the kingdom against whatever enemy Various were the judgements of men concerning this action of the King some said it was done prudently that he had cast of the Romane See without any alteration of religion without any sedition among his subjects and without appeal of his cause unto a Councel for if he had permitted it unto the judgement of a Councel he saw that he could not carry it without difficulty and the issue might have been dangerous for a Councel consisting of Church-men would without doubt have maintained the Papal power seing albeit they be in some respect obnoxious unto Emper. and Princes yet they do prefer the eminency of the Pope nor among the Churchmen is any but the Pope that carrieth sway having no Superour in degree of honour But the Roman Court argueth it could not be affirmed that he had made no change in religion â—hen the chief and first article of their faith concerning the Primacy of the Pope was changed for which alone they should have kindled the fire of sedition as if all had been changed and the event did confirm this seing the King was driven by necessity of maintaining this edict to punish severely his formerly dearest minions Nor can it be easily told how great offense and sadness not only at Rome but every where this departure of so great a Prince from the obedience of the Pope wrought in the â—earts of Churchmen Certainly â—t was a cleare document of humane frailty whereby it often hapneth that what things were most advantagious turn at last to the greatest A wicked policy of the bb loss and harm For the Romish PP by dispensations of marriages and sentences of divorces either granted or denied were wont to make great advantages under the name of Christs Vicar as under a shadow covering those Princes which thought it expedient either by some incestuous marriage or by violating one and contracting another to make new purchase of other Landes or to cut away the rights and titles of diverse competitours and that made sure friendship among them The Pope and the Princes when his authority did serve to maintain their power without which the actions of Princes being unlawfull had been clearly condemned hindered nor only unto these Princes but unto all their children which might have been called to prove the lawfulness of their birth So far Pe. Soave in hist Conâ— Trid. Lib. 1. Others shew what was done in England Card. Wolsey archb of York had advised the King unto that divorcement but when he understood of his affection toward Anna Bolen he changeth his mind because she was infected so he spoke with Lutheranisme and he wrote unto the Pope that for this cause he would not consent unto the divorce Thus we see that in all these variations both at Rome and in England the Pope and his Cardinals look not to any Rule either of Gods word or of reason but are moved by the Spring of their own interest When the King understood of these Letters by his Agent lying at Rome he was highly displeased and displaceth Wolsey of his office of Chanceller in France and of two bishopricks for he had three York Duresme Winchester and at last â—e sent the Captain of his Gaird to bring him to London but he died by the way of a flixe When the king was married with Queen Anna he entangleth all the Clergy by the law Praemunire for assisting the Popes Legate They submitt themselves namely the Prelates profer for discharge of that law to give unto the king 100000 pounds out of Canterburry and 18840 pounds out of York and in their submission they call the King the head of the Church In the Parliament An. 24. of his reigne in January following he annulleth some former Acts that were made against hereticks and ordaineth that none shall be in danger for speaking against the Popes pretented authority or his Decrees or lawes which are not grounded on the holy Scriptures Item An. 25 ch 39 he appointed 32 judges out of the higher lower houses whereof 16 should be of the clergy and 16 of the temporality and all at his own nomination to examine the Synodal Canons and to determine of them either to stand in strength or to abrogat them at their discretions Item the Clergy should promise on the word of a priest never to assemble without the Kings
with greater audience than ever he had before There the Earles Marshall Glencairn and others advise him to write unto the Regent an exhortation unto the hearing of Gods word He obeâ—etâ— them but it was in vain He is called by his flock at Frankford to return he goeth against the mind of many but promiseth to return if they abide constant in the trueth Then the Bishops summon him again for no-compearance they burn him in effigie at the cross of Edinburgh in July An. 1556. He wrote his appeal and caused it to be printed and directed it unto the Nobility and Commons of Scotland William harlaw preaches publickly in Edinburgh so did John Douglas a Carmelite and sometimes in Lieth Paul meffin preacheth ordinarily in Dundy and many leaving the Cloisters preach in all parts of the Country and the number of professors of Reformation was multiplied When the priests saw that they were much deserted they complain unto the Bishops and the Bishops judge it vain to summon these Preachers for heresy therefore they complain unto the Regent and accuse the Preachers of mutiny and sedition The Regent knew that the multitude of all sorts were earnest that way and saith It is safer to delay for a time all contrary course let the hereticks have some way and wee shall wait our opportunity Buchan Hist Lib. 16. V. After the death of King Henry followes a blessed Reformation in Publik Reformation in England under King Edward England for he had caused his young son Edward to be well instructed by Do. Cox and Edward L. Herford who then was called Protectour of England and Duke of Somerset both loved the Reformation and did his endeavour that the true light of the Gospell might shine everywhere He had a good helper Tho. Cranmer archb of Canterbury The King also was of singulare gifts above his age one of the rarest Princes that had been in many ages yea it is doubted if ever he had an equall in prudence besides his knowledge of Sciences and languages Greek Latine and French So he as another Josias purgeth the temple of the Lord from Popish idolatry and false invocation and would have brought it to greater perfection if time and life had answered unto his godly purpose It may be easily conceived how difficult it was to Reform all things at the first when the greatest part of the Privy Counsell of the Bishops and Nobility were open or close Papists but his purpose was not to leave one hooâ—e of the Romish Beast and did forbid that the Masse should be permitted unto his sister In â— is first year by authority of Parliament the sacrament of the Lords supper was administred unto the people with both elements and Cranmer did translate and in some measure purge the Missal and Breviary In the second year that book under the name The book of common prayer and administration of Sacraments was by act of Parliament to be used in all churches and chappells and that none practize nor speak against it nor any part of it Providing also that they who are acquainted with other languages may use that which they understand best in chappells but not in parish-churches In this third year an Act was made against all books called Antiphoners Missals grailes processionals manuals legends pies portuisses paimers and other books whatsoever used before for service in the Church of England in English or Latine other than were then or after shal be set forth by the King Item against all images of stone timber alabaster or earth graven carved or painted in any church or chappell except only images or pictures upon any tombe for monument only of any person which had been of good reputation The book of Common prayer was some what amended in the year 1552. He put the Popish Bishops and priests to silence and removed them from their Benefices Boâ—er Bishop of London was removed and for contumacy was condemned to perpetuall prison in the Tower and Do. Ridley became Bishop of London Gardener was deposed from Winchester c. But he killed none yea when the Counsell would persuade him to burn a woman Joan butâ—her he said What will yee send her quick to the Devill in her errours When the Reformation was first intended a generall Visitation of the Bishopricks was made by certaine prudent and learned men which were appointed Commissioners for severall Diocies and unto every Company two or three preachers were adjoined to preach at every Session and dehort the people from their wonted superstition and inform them in the trueth And that they might proceed the more orderly in their Commâ—ssions or visitations 32 persons as in the time of King Henry VIII were appointed to prescribe certain instructions and orders of Visitation The troubles in Germany at that time did contribute by the gracious providence of God to the furtherance of the Gospell in England Tho. Cranmer by Letters brought Martin Bucer Paul Fagius Peter Martyr and other learned men in the year 1548 and 1549 their coming was most acceptable unto the King country Fagius an expert Hebrician and Bucer were sent to be Doctors in Cambridge and Martyr was designed Reader of Divinity in Oxford But as Theod. Beza in â—esp ad Fr. Balduin Vol. 1. Tractat. Pag. 322 edit An. 1570. hath observed in epist Buceri daâ—ed Cantabrig Januar. 12 An. 1550 concerning the purity of rites the advice of no forreiner was sought what they could do they did not fail both by word and write to advise the people to chuse good Pastours and to endeavour more purity both in doctrine and rites but some through mans wisdom and vanishing thoughts would glue God and Belial with the leaven of Antichrist And John à Lasco a Polonian was then a preacher of a Dutch congregation in London he in his preface before his book de Ecclesiastico ordine saith That most holy King was desirous to have the whole Religion so reformed throughout aâ—â— the king â—om that he was carefull of no other thing almost but because some Lawes of the country were in the way that the publick rites of Divine worship especially which had been in use under Popery could not be purged out as the King himself would and I was instant for the forrein Churches it pleased them at last that the publick rites should be purged out of the English churches by degrees so soon as they could by the lawes and in the mean time forreiners which in this respect were not so tied unto these lawes of the Country should order their churches freely and without any respect unto the rites of tâ—e Country if their doctrin were only Apostolicall for so it may come to passe that the English churches also might be moved by unanimous consent of the Estates to embrace the Apostolical purity and some tooke tâ— is so ill that they did strive against the Kâ— purpose So far he yea they did so strive and were so malicious that they did accuse the Duke of
an end of the work and draw up a supplication unto the Queen and Parliament for promoting the Reformation The Prelats hearing of it were highly enraged that any man durst presume to appear in so great a crime and said They would not depart a jote from the decrees of Trent But a little afterwards they made offer to commit the cause to dispute trusting to carry it because they were to be the Judges The Congregation accepts the disputation with two conditions 1. the controversies in debate shall be decided by Scripture 2. such of the brethren who were exiled or condemned might savely bee at the dispute Both these were refused they would admit no other Canon but the canon-law nor would they dispence with any Sentence that they had pronounced Then the priests propound other articles but so unworthy saith Buchan that they are unworthy of an answer to wit if the Congregation would continue in former reverence acknowledge purgatory prayers to Saints and prayers for the dead they shall be permitted to use the common language in prayers and administration of the Sacraments They therefore did entreat the Queen to present their Supplication unto the Parliament publickly She answered I think it not expedient at this time for it will make the Ecclesiasticall persons adverse unto the main business in hand but how soon order shall be taken heerin yee shall know my good mind They were content to give place for a time but withall they thought good to make protestation ere the Parliament were dissolued in this manner IT IS not unknown unto this Honourable Parliament what controversy is A Protestation made in Parliament 1558. lately risen betwixt those that will be called the Prelats and Rulers of the Church and a great number of us the Nobility and Commonaltâ— of the Realme for the true worship of God for the duty of Ministers and the right administration of Christ Jesus his holy sacraments How wee have complained by our supplication unto the Queen Regent that our consciences are burdened with unprofitable ceremonies that wee are compelled to adhere unto idolatry That such as take upon them the ecclesiasticall office discharge no part thereof as becomes true Ministers to do And finally that wee and our brethren are most jujuriously oppressed by their usurped authority And wee suppose it is sufficiently known that wee were of mind to seek redresse of these enormities at this present Parliament But considering that the troubles of the time do not suffer such Reformation as wee do by Gods plain word require wee are enforced to delay that which wee most earnestly desire And yet lest our silence may give occasion unto our adversaries to think that wee repent of our former enterprises wee can not cease to protest for remedy against that most uniust tyranny which heretofore wee have most patiently sustained And so I. wee protest that seing wee can not obtain a just Reformation according to Gods word that it be lawfull unto us to use ourselves in matters of Religion and conscience as wee must answer unto God untill such time our adverfariers be able to prove themselves the true Ministers of Christs Church and to purge themselves of such crimes as wee have already layd unto their charge offering ourselves to prove the same whensoever the Sacred Authority shall please to give us andience II. Wee protest that neither wee nor any other of the godly that list to join with us in the true faith which is grounded upon the inuincible word of God shall in cur any danger of life or lands or any politicall pain for not observing such Acts as heretofore have passed in favours of our adversaries nor for violating such rites as man without Gods commandement or word hath commanded III. Wee protest that if any tumult or uprore shall arise among the members of this realme for the diversity of Religion and if it shall chance that abuses be violently Reformed that the crime thereof be not imputed unto us who now do most humbly seek all to be reformed by Order but rather whatsoever inconvenient shall happen to follow for lack of Order taken it may be imputed unto those that do refuse the same IV. and lastly wee protest that these our requests proceeding from conscience do tend to none other end but to the Reformation of abuses in Religion only Most humbly beseeching the sacred Authority to take us faithfull and obedient subiects into protection against our adversaries and to shew unto us such indifferency in our most just petition as it becometh Gods Lieutenant to do unto those who in his name do call for defense against cruell oppressors and blood-thristy tyrants This Protestation was publickly read and they craved to have it inserted in the common Register but that was denied by the adversaries nevertless the Q. Regent said VVee will remember what is protested and wee shall put good Order after this to all things that now be in controversy With this answere they depart in good hope of her favour and praising God that she was so well enclined But when the Parliament was closed and a generall Peace was concluded betwixt Spain France England and Scotland the Regents countenance was altered against these which were for the Reformation and she said Seing now wee are free from these vexations which most troubled my mind wee will labour to restore the Authority by some notable example unto that reverend esteem which it hath lately lost Then she takes the names of all the Mâ—nisters and caused summon them to compear at Sterlin May 10. 1559 and the Prelates become more insolent And they devised to send the Earle of Argile and L. James Stuart Priour of Santandrews into France with the matrimoniall Diademe But these considering how all the Comissioners were cut off or returned not which were sent unto the solemnization of the marriage and what mightfall out at home in time of their absence delaid to take voiage from time to time VIII In the next Spring the Earle of Glencairn and Sir Hugh Cambell Troubles arise 1559. Shireff of Aire weresent unto the Regent to enquire the reason of that summons and to entreat her not to molest the Ministers unless they could be charged of false doctrine or behaving themselves disorderly The Regent said with vehemency of passion Maugre your hearrs and all that will take part with them these Ministers shall be banished Scotland though they preached al 's soundly as ever S. Paul did The Noble men besought her in a humble manner to think of the promises Shee had made from time to time In greater choler She saith Promises of Princes should be no further strained than it seemes unto them convenient to performe Then said they If this be your resolution to keep no promises unto the subjects wee can not any more acknowledge your authority and will henceforth renounce all obedience unto you and what inconveniences may arise of this you may bethink yourself This answer
and gray Friers but hearing of the sudden coming of the Lords he fled and the Monasteries were plundered before they came and God put such a fear into the adversaries hearts that they did all flee to Dumbar Then the Regent gave forth a Proclamation declaring that where as a seditious â—umult was raised by some of the Lieges under pretense of Religion she had made offer to call a Parliament in January next or sooner for establishing an universall Order and in the mean time to suffer every man to live at liberty of conscience But they reiecting all reasonable offers had by their actions clearly shewd that it is not Religion they seek but the vsurpation of the Crown as appeares by that they had received and sent messages from and into England and now have possessed the palace of Halirudhouse and the Mint-house Wherefore She commanded all persons to forsake them and live obedient unto authority or els they shall be reputed traitours to the Crown As also that party caused it be rumored that these Lords had conspired to deprive the Queen Regent of her authority and the Duke of his tittle of succession unto the Crown These rumors prevailed so that many began to shrink away Therefore they did clear themselves by their Letters unto the Regent and open proclamation unto the people declaring that these misreports had flowed from their enemies and were most false seing their intentions were no other but to abolish superstition which is contrary unto the Word of God and to maintain the Pâ—eachers of the truth from the violence of wicked men And if She would use her authority to that effect they shall continue al 's obedient subjects as any within the realme Then the Regent trusting to gain some what by conference did offer a safe-conduct to any they pleased to send Two A Conference were sent to petition liberty of their consciences the removing of unable Ministers licence of publick preaching without molestation untill by a general Councell lawfully convâ—â—ned or by a Parliament within the realm all controversies of Religion shall be decided and to remove the French Souldiers These propositions were not pleasing yet made She no shew of dislike but using gracious words she craved to speak with some of greater authority and namely the Earle of Argile and Lord James For said She I still suspect there is some higher purpose amongst them than religion The Lords would not consent that these two should go unto her because one of her chief attendants was said to have bragged that before Michaelmes these two Noble men shall lose their heads This not succeeding it was agreed that sixe persons on each side should meet at Preston The first day nothing was concluded for the Queen seeming to yeeld unto the free exercise of Religion would have it provided that where she hapned to come the Ministers should cease and the Masse only be used It was answered This were to leave them no Church for the Queen might change the place of her residence and so could there not be any certain exercise of Religion The next day the Lord Ruthven and Pittarrow were sent with this answer As they could not impede her to use what Religion she pleased so could they not consent that the Ministers of Christ should be silenced upon any occasion much less that the true service should give place to idolatry wherefore they humbly crave as they had oft liberty to serve God according to their conscience and to remove the French Souldiers or els there can be no solide peace The Queen said She wished peace but gave a direct answer to none of the points At this time the Commons were scattered for want of victualls and Gentle men being constrained by lack of furnishing and partly hoping for a finall agreement had returned after so many months unto their dwellings but the Noble men resolved to abide at Edinburgh till matters were fully composed Now newes came that Henry II. King of France was dead This put the Lords in better â—â—pe but made them more careless for as if there were no fear many wâ—nt home and they who remained lived secure without any watch But the Queen became more watchfull observing al occasions of advantage and hearing of the solitude in Edinburgh hasteth thither with her companies The Lords hearing thereof are doubtfull if they leave the town the Church which was then established in some measure would be cast down therefore with the small number they had they put themselves in order at Craigingat to impede the Frenches The Duke and Earle of Morton were conveying the Queen and would have composed things only that day they kept the parties from an open conflict The next day the Queen having lodged in Lieth prepared to enter the town at the West port and the Lord â—rskin who till then had been neuter and had the Castle threatned to play upon them unless they suffer the Queen to enter without trouble Hereupon after consultation it was thought safer to take an appointment albeit the conditions were not such as were wished than to hazard battell betwixt two such enemies After long talking five articles were penned which they craved 1. No member of the Congregation should The articles of appointment â—n Lieth be troubled in life lands or possessions by the Queen's authority noâ— any Judge for any thing done in the late Innovation till a Parliament which shall begin January 10. had decreed things in controversy 2. idolatry shall not be erected where it is at this day suppressed 3. Preachers shall not be troubled in their Ministry where they are already established nor stopped to preach wheresoever they shall chance to come 4. No bands of men of warr shall be layd in garrison within Edinburgh 5. French men shall be sent away at a convenient day and none other shall be brought without consent of the Nobility and Parliament These articles were granted and the Queen addeth 1. the members of the congregation excepting the indwellers of Edinburgh shall leave it the next day before ten a clock 2. they shall render the Mint-house at that time 3. the Church-men shall take up and freely dispose of the tyths and other profits of their Benefices until January the tenth The next day July 25. the Lords went to Sterlin The Duke and Earle of Huntley met with them at thâ— Querry-hols promising if any part of the appointment shall be violated they shall join New Policies all their forces for expelling the Frenches The Queen was thereafter more carefull then formerly to observe the conditions but went about many wayes to reâ—stablish the Masse and bring the favourers of Religion into contempt In Edinburgh she employeth the Duke and Huntley and Setoun to deal with the Magistrates to appoint some other Church for their preaching and let the Church of S. Giles be for the Masse They answer That were a violation of the articles The others reply The Queen will keep
hunger and necessities and quit the same to sustain the idle bellies of her strangers through the which in all parts rose such heavy lamentation and complaint of the Commonalty accusing the Counsell and Nobility of their sloth that as the same oppression wee doubt not hath entred in before the Justice Seat of God so it hath moved our hearts with pitty and compassion And for redress of the same with great offenses committed against the publik weell of this Realm wee have conveened here as said is and as often before have most humbly and with all reverence desired and required the said Queen Regent to redress these enormities and especially to remove her strangers from the necks of the poore commonalty and to desist from enterprising of fortification of Strengths within this realm against the expresse will of the Nobility and Counsell of the same yet wee beeing conveened the more strong for fear of her strangers who wee sawe presume no other thing but with Arms to pursue our lifes and possessions Besought her to remove our fear of the same and make the town patent to all our Soverain Lord and Ladies Lieges The same would she no way grant unto but when some of our companie in peaceable manner went to viewe the town there was great and small munition shot forth at them And seing that neither accesse was granted unto us by her nor yet she would joyn herself unto us to consult upon the affairs of our Commonwealth as wee be borne Counsellors to the same by the antient Lawes of the Realm but fearing that the judgements of the Counsell would reform as necessity required the foresaid enormities she refuseth all manner of assistance with us and by force and violence intends to suppresse the Liberties of our Commonweall and of us the favourers of the same Wee therefore so many of the Nobility Barons and Provests of our Boroughs as are touched with the care of the Commonweale unto the which wee acknowledge ourselves not only born but also sworn protectours and Defenders against all and whatsoever inuaders of the same and moved by the foresaid proceedings notorious and with the lamentable complaint of oppression of our Commonalty our fellow-members of the same Perceiving farther that the present necessity of our Common-weal may suffer no delay being conveened as said is presently in Edinburgh for support of our Commonweal and ripely consulted and advised taking the fear of God before our eies for the causes foresaid which are notorious with one consent and common vote every man in order his judgement being required in the name and authority of our Soverain Lord and Lady suspend the said Commission granted by our Sòverain to the said Queen Dowager discharging her of all administration or authority she hath or may have thereby untill the next Parliament to be set by our advice and consent And that because the said Queen by the foresaid faults notorious declares herself enemy to our Commonwell abusing the power of the said authority to the destruction of the same And likewise wee discharge all members of her said authority from henceforth and that no Coin be coined from henceforth without expresse consent of the sayd Counsell and Nobility conform to the Lawes of this realm which wee maintain And ordain this to be notified and proclaimed by officers of Arms in all head-Boroughs within the realm of Scotland In witnes of which our common consent and free Vote Wee have subscribed this present Act of suspension with our hands day year and place aforesaid And it was subscribed in this manner By us the Nobility and Commons of the Protestants of the Church of Scotland The next day this Act was proclaimed with sound of Trumpet and then they sent a Letter unto the Regent shewing her what they had done and they add And how beit wee have determined with the hazard of our lifes to set that Town at liberty wherein you have most uniustly planted your mercenary souldiers and strangers yet for the reverence wee bear unto you as being the mother of our Queen wee earnestly beseech you to depart thence at this time when wee constrained by publick necessity are by force of arms to recover it Wee further request you to bring forth of the Town with your self all that carry themselves as Ambassadours and are come into the Countrey either for taking up of controversies or assisting the government of publick affairs within the space of 24. hours And to cause the Captains Lieutenants and souldiers whose blood wee would gladly spare because of the old amity and friendship betwixt us and the Realm of France which the marriage of our Soverain Lady to that King ought rather to increase than diminish to remove themselves within the same space This Letter was subscribed by the Nobilâ—â—y and Barons October 23. After defiance on both sides Octob. 25. the town was summoned and all the Scots and French men of whatsoever degree were commanded to leave it within the space of twelve hours Some broils and discouragements But God would not as yet put an end to these troubles untill mens hearts were more discovered and his Hand were more seen and acknowledged The people were earnest to invade many were but too forward and for hast to make their scalads they made choise of St Giles church and would not give place to publick Prayers nor preaching which and other disorders gave occasion unto the Preachers to affirm that God would not suffer such contempt of his word and abuses of his Grace to be long unpunished Their most secret determinations were revealed and overthrown The Duke's friends did terrifie him and by his fear many others were troubled The hired souldiers made a mutiny because they wanted a part of their wages Whosoever had any silvervessell did profer to give it unto the Mint-house but John hart and others of that faction stole away the instruments They sent to Berwick to borrow money instantly 4000 Crowns was lent and delivered to Sir John Cocburn of Ormston the Regent had notice of it and sent the Earle of Bothvel to intercept it He had promised before to be for the Country but then he goeth wounded the gentle man took him prisoner and all that he had The Earle of Arran and a greaâ— party of the horsemen went forth to recover the prisoner they took the Earle's house but himself was gone In absence of the Horsemen these of Dundie and foot men went with some Ordance to shoot at Lieth The French men knew that they were but few and that the Horsemen were gone another way and with expedition came forth upon them The souldiers fled without stroke of sword and left the Ordinance to their enemies who followed unto Lieth-winde Upon the first alarm all men in Edinburgh made hast for relieff but then was a shout All the Frenches are entred This crie did amase many and they fled to the west port The Earle of Argile and his men did
At that time John Erskin Superintendent went to Aberdien according to his commission granted by the Counsell and Assembly in July by-past to visite the Colledge and he with others Ministers and Commissioners did summon the Principall Subprincipall and the Regents to compear and give Confession of their faith The Regent and Privy Counsell join with the Commissioners The parties compeare and refuse to subscribe the Confession of faith After two dayes conference they continue obstinat Wherefore by conjunct sentence of the Regent the Counsell and the Commissioners of the Assembly they all were declared dangerous persons and unmeet to have charge in any School or Colledge within the realm and are charged instantly to remove out of the Colledge The tenor of the sentence is I Jhon Erskine Superintendent of Anguise Merns having commission of the Church to visite the Sherifdoms of Aberdeen Bamf by the advice counsell and consent of the Ministers Elders and Commissioners of the Church present decern conclude and for finall Sentence pronounce that Mr Alex. Anderson sometime principall M. Andrew Galloway sometime Subprincipall Masters And. Anderson Tho. Austin Dunkan nory somtime Regents in the Colledge of old Aberdien are not to be reckoned Members of Christs Church and therefore secludes them and every one of them to teach privatly or publickly in time coming in that Colledge or in any other part within this realm and decerne them to remove forth of the said Colledge with all diligence that other godly persons may be placed there for upbringing the youth in the fear of God and good letters This our Sentence pronounced wee ordain to be published and intimated to the said persons and to the congregations of new and old Aberdien publickly the next Sunday the third of July instant In that year was great business both in England Scotl. for an intended marriage of Q. Mary and a rebellion in the North of Engl. But through Gods mercy all was discovered unto Q. Elisabeth and she preveened the danger by imprisoning the chief authors The Nationall Assembly conveens at Edinb July 5. Will. The VII Assembly crysteson Min. at Dundy is chosen Moderator When the Superintendents and Visitors of Churches had given account of their diligence it is ordained 1. That Alexander gordon somtime Commissioner of Galloway be charged to repair unto the next assembly to answer ......... And in the mean time the Assembly inhibites him to use any function within the church conform to the Act made against him July 8. 1568. 2. Adam bishop of Orknay was accused for not fulfilling the injunction apppointed unto him by the assembly in the place and month fore said 3. The Superintedent of the Isles was rebuked for accepting the bishoprik of the Isles without the knowledge of the assembly and for riding at and assisting the Parliament holden by the Queen's faction after the murder of the King 4. Whereas some persons guilty of capitall ctimes have been summonedby Superintendents and established Churches to compear before this assembly and these not compearing It is concluded that the Superintendents and Ministers shall proceed against them to excommunication inclusivè and to notify unto the Supreme Magistrat such as are already excommunicate for their offences 5. Certain articles were sent unto the Regent 1. That order may be taken for sustentation of the poor and a portion of the tith be appointed for that end And that the poor laborers of the ground may have liberty to lead their own tiths upon reasonable composition 2. that those who have plurality of Benefices may be compelled to dimitt all but one 3. That remedy may be provided against changing of benefices and selling them diminishing the rentalls setting lang tacks in defraud of successors and that all tacks set since the assumption of the thirds may be annulled with expresse inhibition of the like in time coming 4. That the iurisdiction of the Church may be distinguished from the Civill Concerning this last article an Act of the Secret Counsell is instantly delivered under the Secretary's hand that the persons named in the Act of Parliament shall conveen at the time of the next Exchecker and define or limite the jurisdiction according to Gods word and the said Act of Parliament 6. Seing it hath pleased God to move the hearts of the Superior powers and Estates to grant the thirds of Benefices unto the Ministers the Assembly give unto Superintendents and Commissioners of visitation power commission that every one of them within their severall bounds by advice and consent of their Synodall Conventions give to every Minister exhorter reader particular assignations ad vitam as they shall think the same most expedient And the provision and assignation to the Superintendents and Commissioners to be made by the Generall Assembly And that this Act may have full effect the Assembly ordaines a petition to be presented unto the Regent Counsell to interpone their authority that when the particular assignations are presented unto them letters may be directed at every mans instance in form of provision ad vitam c. 7. On July 9. this Letter was brought from the Regent unto the assembly as followes Seing wee can not be present at this assembly as our intention was wee thought it convenient briefly to give you in write signification of our meaning Of the which wee pray you take good consideration and accordingly give your advertisement Yee are not ignorant as wee suppose what hath been the estate of the Church of God within this realm both before wee accepted the burden of Regiment and since how first the thirds of Benefices were granted and the Ministry partly thereby relieved and sustained in such sort that nothing was laking which our travells could procure The first order indeed was sundry ways interrupted and broken but chiefly in that year when wee were exiled in England and all the Ministers that year were frustrat of their livings the estate of governement altering shortly at Gods pleasure and the King our Soveraigne Lord being inaugurat with the Crown of this Kingdom the first thing whereof we were carefull was that the true Religion might be established and the Ministers made sure of their sustentations in time coming Yee know at the Parliament wee were most willing that the Church should have been put in full possession of the proper patrimony and concerning the thirds wee did expede in our travells and there enlaked only a consent to the dissolution of the Prelacies Whereunto althogh wee were earnestly bent yet the States delayd and would not agree thereunto And since that time unto this hour wee trust yee will affirm that wee have pretermitted nothing that could advance the Religion put the Professors thereof in surety wherein all and the only defect was by the Civill troubles wherewith God hath suffered the Country to be plagâ—ed Now the matter being after so great rage brought to some stay quietnes it was convenient that wee return
faction but did encourage them unto fighting as a iust and necessary warre and afterwards did commend the man which murdered the Kings grandfather As for the b. of Caithnes I finde nothing written of him untill the Assembly following Then among all the Superintendents none of them did assume the title of a Bishop except the Superintendent of the Isles and he took his patent from the Queen after she had renounced the government and was prisoner in England and did assist that faction as it was layd to his charge by that assembly Then concerning the death of him who hitherto hath been colled the good Regent when that adverse faction saw that hee was more and more beloved and did increase in authority they took course to cut him off and one James Hamiltoun of Bothuell haugh under took that misshant fact and did it lurking priuatly in the bishop of Santandrews house within Lithgow as the Regent was riding by that house and the town was throng that he could not passe speedily that man killed him with a abullet and escaped safe out of the Bishops house Great lamentation was for the losse of him seing he had undertaken the governement in a troublous and disordered time and within 18. months had brought both south and north unto quietness by the blessing of God and was a singulare pattern of piety for he did order himself and his family so that it did resemble a Church more then a Court. Besids his devotion which he constantly exercised no wickedness nor unseemly wantoness was heard or seen in his family I have also read of him that by his Letters he did inform Queen Elisabeth 1. Of the invaluable benefite of a faithfull and free Ministry 2. Of the excellency of the purity of Gods ordinances therein 3. Of the honor and happiness that would attend her Crown and State upon the establishment of Christs Governement 4. Of the profitable uses where unto the rich Benefices of Bishops might be applied leauing enough unto the Ministry for their honest mantenance 5. Albeit the glorious luster of Bishops may seem to honor the Nation yet it justleth out Gods honor which should be more deare And when the Bishops heard of the motion they grumbled exceedingly and they cast upon him the aspersion of usurpation even albeit he was not in the Country when he was first designed to be Regent nor can any of his enemies say that in all the time of his Governement he did attempt any thing for himselfe or his private estate VIII The Nationall Assembly conveens at Edinb March 1. John 1579. The XVIII Assembly craig is chosen Moderator I. concerning order to be keept in the Assembly it is ordained that the who was Moderator of the preceeding Assembly shall make the exhortation and prayer in the following Assembly and then another Moderator shall be chosen Next after tryall of Superintendents and Commissioners for visiting the Churches shall be heard the accusations or complaints of these Superintendents or Commissiners if they have any against a Minister Thirdly the penitents that were remitted by the preceeding assembly unto the Superintendents and Commissioners are to be received and injunctions are to be given to other notorious and criminall persons that are either summoned to compear or of their own freewill and hatred of the crime are moved to present themselves Fourthly to decide such things as were undecided in the preceeding assembly and referred unto the next or are referred by the Lords of the Counsell Session or Checker II. Adam Bishop of Orknay is accused 1. that he being called to the office of a Bishop and the profits thereof and having received charge to preach the gospell and be Commissioner of Orknay which he accepted and exercized for a time but now lately he hath made a Simoniacall change with the Abbacy of Halirudhouse retaining the name of the Bishop contrary to all lawes both of God and man made against Simony 2. he dimittes his charge in the hands of an unqualified person without the consent of the Church leauing the flock without a shepherd whereby not only ignorance is increased but likewise most abundantly all vice horrible crimes are committed there as the number of 600. persons convict of incest adultery fornication bear witnes 3. He hath given himselfe to the dayly attendance of the function of a temporall Judge as he is a Lord of the Session which requires the wholl man and so rightly he can not exercize both and styleth himself with Romane titles as Reverend Father in God which pertaines not to a Minister of Christ Jesus nor is given to any of them in the Scripture 4. To the great hurt defraud of the Church he hath bought al the thirds of the Abbacy of Halirudhouse at least he hath made a Simoniacall change thereof with the rents of Orknay 5. He hath left the churches partly unplanted and partly planted but without prouision 6. Some of the churches are sheepfolds and some ruinous 7. He hath traduced both priuatly and publickly the Ministers of Edinburgh he absenteth himself from the preachings in that Church and from receiâ—ing the Sacrament III. Robert Bishop of Caitnes is ordained to assist John Gray of Fordell in visiting the Churches there IIII. If persons who are guilty of homicide incest or adultery be not fâ—gitive from the lawes but continue suiting to be receiued to publick repentance all such shall be received to give the signes of their repentance in their own churches according to the order prescribed so that Ministers shall notify their crimes And if any guilty of these crimes be excommunicated they may be admitted to heare the Preaching but shall be secluded from the prayers before and after Sermon and when upon their repentance they are received again they shall bring their Minister's testimoniall unto the next Assembly V. They who will not abstain from the company of excommunicate persons after due admonitions shall be excommunicat VI. The children of excommunicate persones are to be received unto baptism by a faithfull member of the Church VII A single woman committing adultery with a married man should be alike censured VIII When one forsakes wife and children without just cause the Minister should endeavoure to reconcile them and if his endeavour be in vain the offended party may complain to the Magistrate IX If persons after the promise of mariage and publication of their bans crave to be free they should be freed si res sit integra but shall be censured for their levity In the months following arose great division some of the Nobility were for the preservation of the young K. and his authority and some pretend the name and authority of the Q. on this side were all Papists all Bishops excep one and may were Neuters They who were against the King were so many that they called a Parliament to assemble at Lithgow in August They who were for the K. assemble in May and July 12. these did
Christ and with most pithy words he exhorted them to stand fast in the faith they had received In time of his sicknes which was not long thereafter he Ioh Knox exhortions before his death was much visited by persons of all sorts and spoke unto them confortably He said unto the Earle Morton in the audience of many others My Lord God hath given you many blessing he hath givens you wisdom riches many good great friends and is now to prefer you to the government of the râ—alm In his name I charge you that you use these blessings aright and better in time coming than you have done in times past in all your actiâ—ns seek first the glory of God the furtherance of his Gospell the mantenance of his Church and Ministry and next be carefull of the King to procure his good and the well fare of the realm If you shall do this God will be with you and honour you if otherwise you do it not he will deprive you of all these benefits and your end shall be shame and ignominy John Knox two days before his death sent for Da. Lindsay and James Lowson and the Elders of the Church and said to them The time approaches for which I have long thirsted when I shall be relieved of all cares And be with my Savior Christ for ever And now God is my witness whom I have served with my spirit in the Gospell of his Son that I have preached nothing but the true and solide doctrin of the Gospell and that the end I proponed in all my preaching was to instruct the ignorant to confirm the weak to confort the consciences of these who were humbled under the sense of their sins and beat down with the threatnings of Gods judgements such as were proud rebellious I am not ignorant that many have blamed and yet do blame my too great rigor severity but God knowes that in my heart I never hated the persons of these against whom I threatned Gods iudgements I did only hate their sin and laboured with all my power to gain them unto Christ That I forbear none of whatsoever condition I did it out of the fear of my God who had placed mee in the function of the Ministry and I knew would bring mee to an account Now Brethren for yourselves I have no more to say but to warn you rhat you take heed to the flock over which God hath placed you overseers and whom he hath redeemed by the blood of his only begoten Sâ—n And you Master Lowson fight do the work of the Lord with courage and with a willing mind and God from above blesse you and the Church weereof you have the charge c. Then he dismisseth the Elders and calling the two preachers said There is one thing that grieveth mee exceedingly yee have somtime seen the courage forewardness of the Laird of Grange in Gods cause and now unhappy man he hath cast himself away I pray you two take the pains to go unto him and say from mee that unless he forsake that wicked course where in he hath entred neither shall that rock in which he confideth defend him nor the carnall wisdom of that man whom he counteth half a God this was young Lethingtoun make him help but shamefully shall he be pulled out of that nest and his carkase hang before the sun The soul of that man is dear unto mee and if it be possible I would fain have him to be saved The two went and conferred with Grainge but prevailed not which being reported to John Knox he took it heavily The last night of his life on earth he sleeped some hours together but with many sighs and groans when he awoke they asked him how he did find himselfe and what had moved him to mourn in his sleep He answered In my time I have oft been assaulted by Satan and oft hath he cast my sins in my teeth to bring mee into despair but God gave me grace to overcome all his tentations And now that subtle Sâ—rpent who never ceaseth to tempt hath taken another course he seeks to persuade mee that my labours in my Ministry and the fidelity I have shewd in in that service hath merited heaven and immortality But blessed be God who brought to my mind these Scriptures What hast thou that thou hast not received And Not I but the Grace of God in mee With which he hath gone away ashamed and shall no more return and now I am sure my battell is at an end and that without pain of body or trouble of Spirit I shall shortly change this mortall life with that happy immortall life When the prajer was made one asked Whither he had heard it He answered Would God yee had heard it with such an eare and heart as I have done Then said he Lord Jesus receive my spirit After these words he spoke no more but without any motion he ended this life Within three days the Earle Morton was chosen Regent by consent of the States The Laird of Grange was Captain of the castle and when orhers of that faction did yeeld unto the agreement he would not agree because the Estates would not yeeld unto some high demands of his own he gave a proclamation from the castle-wall commanding all the Queens subjects to depart out of the town within 24. hours after which time he thundered with cannons against the town to their great terror yet not great hurt In May following an assault was made upon the castle the beseeged rendred themselves Lethinton was sent to Lieth and died suddenly throgh grief and Grainge with his brother and two others were hanged in the market-striet of Edinburgh X. A Parliament was held in January wherein many Acts were made 1573. partly for maintaining the Kings authority and partly for maintaining the true Religion these two causes at that time were so linked that the enemies of the one were esteemed enemies of the other Therefore it was enacted that none should be reputed loyall subjects unto the King or his authority but be punished as rebells who made not profession of the true Religion And that all who made profession thereof and were not obedient to the Kings authority should be admonished by their Teachers to acknowledge their offence and return to his Majesties obedience or els should be excommunicated as putrid members The Nationall Assembly conveenes The 24 Assembly at Edinburgh March 6. here were members according to the order and John Archbishop of Santandrews David Ferguson Minister at Dumfernlin is chosen Moderator 1. Where as a complaint was made against John Row for solemnizing the marriage of the Master of Crawford with the Lord Drummond's Daughter without proclamation of bans and he did alledge that he did it by the order of the Session of the Church whereof the Lord Ruthuen was one and present at that time The Assembly ordaines that the Act made against Ministers solemnizing mariage of
other parishoners without proclamation of bans to have strength against John Row and him to underly the censure enduring the Church's will 2. No collection for the poore shall be gathered in time of Sermon nor administration of the Sacrament but only at the Churchdoor 3. If any Minister reside not at the Church where his charge is he shall be summoned before the Superintendent or Commissioner of the Province to whom the Assembly gives power to depose him and ordaines that they report their diligence unto the next Assembly 3. All Superintendents Commissioners of visitation shall proceed summarily against all Papists within their Province and charge them within eight dayes to join themselves unto the Religion presently established by learning the Word of God and then by partaking of the Sacrament and to give their oath and subscribe according to the Act of Parliament and Acts agreed-upon betwixt the Regent Counsell and Commissioners of the Church and if any shall refuse to proceed c. 4. All Bishops Superintendents and Commissioners of visitation shall be present the first day of the Assembly before noon and continue untill the end Under pain of losing half of their stipend for a year and nevertheless to continue in serving during that time 5. Concerning the desire of the Lord Regent to place some of the learned Ministers Senators in the Colledge of Justice The Assembly after long reasoning hath voted and concluded that none is able to beare these two charges and therefore inhibites all Ministers that none take upon them to be a Senator except Robert Pont only who is already entred by advice c. 6. Five articles are presented by the Superint Ministers of Lothian to wit 1. All the Actes of the G. Assembly should be copied and sent to every Exercise 2. Such matters as fall out betwixt the Synodall conventions and the Generall Assemblies shall be notified to every Exercise twenty dayes before the Generall Assembly and be reported by them 3. Such matters as are referred by the subordinat assembly unto the Generall shall be penned faithfully by the Superintendent 's Clerk and reported unto the Generall assembly by the Superintendent 4. that the Generall assemblies be frequented by the Nobility and Barons as in former times 5. Ministers who have not money to buy books may at this time have them lowsed unto them by the Collector and the prices of them to be allowed in their stipends The Assembly ratifieth all these as profitable 7. Bishops Superintendents and Commissioners shall without delay purchase Letters commanding all men to frequent preaching and prayers according to the order established in particular congregations And to charge the Inferior Magistrat to put into execution the Acts concerning the observance thereof and for execution of disciplin and punishing of vice 8. If a man passe out of the country and leaving his wife shall marry another woman and his wife shall marry another man in his absence both are adulterers unless the sentence of divorcement hath been pronounced by the Judge Whereas in these Acts mention is made of Exercise it is to be marthat at that time Prsebyteries or Classes as others call them were not erected but the Ministers of a burgh and circumjacent churches did conveen of their own accord on a certain day of the week in the burgh and did preach publickly in the Church per vices for mutuall edification and manifesting the increase of their gifts and this meeting was called The Exercise The Assembly The 25. Assembly conveenes at Edinburgh August 6. Here were many Earles Lords Barons some Bishops Superintendents c. Alexander Arbuthnot Principall of the Coledge of old Aberdien is chosen Moderator 1. The books of Bishops Superintend and Commissioners of visitation were produced and certain Ministers are appointed to examin their diligence in visitation John Douglas Bishop of Satandrews was accused for admitting a Papist Priest into the Ministry to whom the Superintend of Lothian had prescribed certain injunctions and he had not obeied them for not visiting nor preaching that half year for giving collation of a Benefice which was before bestowd on a Minister to another suspect of Popery for suffering the Exercise to decay through his default for admitting some to function in the Church who were unable and not examined namely some coming out of Mers Lothian for visiting by others and not by himself He answered unto the first he admitted not that Priest untill he had recanted Popery openly in the Church of Saâ—tandrews The Assembly enjoynes the Priest to satisfy the injunctions prescribed in Lothian which he had not obeyd and in the mean time inhibites him to exercise any function in the Church To the next he answered He had preached personally where he did visite but â—or siâ—knes did not visite since the last Assembly And for other things he pretended ignorance or weaknes c. James Patoun B. of Dunkell was accused that he had accepted the name of a Bishop but hath not used the office of a Bishop he had not proceeded against Papists within his bounds he is suspect of Simony betwixt the Earle Argile and him concerning the profits of the Bishoprick yea and of perjury in that contrary to his oath at the receiving the Biâ—hoprick he gives Acquittances and the Earle receives the silver Alex. Gordon B. of Galloway iâ— accused that he intruded himself into the office of the Ministry within Edinb he enticed the people to rebellion against our soverain Lord he refused to pray for our Soverain and approved another authority he being forbidden by the G. Assembly to have any intromission with the parishoners of Haâ—â—rudhouse yet compelled them to receive the Sacrament and caused pretended Balies and men of war to compell the poore people being sworn by solemne oath unto due obedience unto our Severain and his Regent and authority he had brokâ—n his oath by sitting in the pretended Parliament for dispossâ—ssing our Soverain of his royall Crown autâ—ority he had given thanks publickly in pulpit for the slaugâ—ter of the Regent Mathew Earle of Lennox and exhorted the people to do the like â—â—e was a perverter of the people not only before the Reformation but at sundry other times He answered He was free of all these by the Act of pacification It was replied The States had not absolved him a Bishop from the censure of the Church in talibus So he was ordained under the pain of excommunication to make publick repentance three severail Sundayes one in the Church of Edinburgh another in Halâ—rudhouse and the third in the Queen's-colledge-church Robert Pont was accused that being Commissioner to visite Murray he resideth not there nor hath visited Churches these two years excep the chief four he hath visited once He alledgeth want of leisure because he was ordained to attend the Colledge of Justice Whereupon the Superintendent of Lothian moveth the question Whither it be lawfull by the Word of God that the administration of
present the Church is assembled according to the godly ordinance and looketh to have concurrence of their Brethren in all estates and wisheth from God that your Gr. and Lords of Privy Counsell will authorize the Church in this present Ass by your presence or by yours having your Commission in your Gr s and LL s names as members of the Church of God for as your Grs. persence and the Nobilities should be unto us most confortable it is most earnestly wished of So your Grs. absence is unto our hearts most dolorous and lamented whereupon followes the want of a great part of the menbers that can not well be absent from treating these things that appertain unto the Church policy thereof in assembly all together to be handled by advice of all and to which end the assemblies are appointed the authority whereof your Gr. knowes to be such as the contempt of it tendeth to the very dishonor of God And therefore as yee esteem yourselves to be members of Christ and of his Church shew the fruits thereof which it is not the least to â—oin yourselves unto the Church not only by hearing the word and receiuing the Sacraments but in conveening also with your Brethren the holy assemblers The which to do wee give you admonition in the name of the Lord extending this our admonition to euery person of whatever estate that are present with your Gr. and L L. and especially wee admonish the Bishops and such as are of the Ministry to ioyn themselves with us according to their duty Otherwise they will be thought unworthy the office they beare The time the Church will sit will be short and time would not be neglected and yet the Church is not so precise but that men may aâ—ter their presence given in the assembly have liberty as time requires to wait upon their lawfull business And this admonition wee give your Gr. with all reverence humility and chiefly in respect your Gr. by your own articles questions sent to the Church desireth first to be admonished charitably when soever offence ariseth before the same be otherwise traduced 5. Some were appointed topenne the heads of the jurisdiction of the Church and to present them unto the assembly 6. Concerning the jurisdiction of bishops in their ecclesiasticall function it is concluded that the same shall not exceed the jurisdiction of Superintendents which heretofore they have had and presently have And they shall be subject unto the discipline of the generall assembly as members thereof even as the Superintendents have been heretofore in all sort 7. No Superintendent nor Commissioner of planting churches shall give Collation of Benefice nor admit Ministers without the assistance of three qualified Ministers of their Province who shall give their testimonialls to the Superintendent or Commissioner subscribed with their hands in signe of their consent And likewise that no bishop give collation of any Benefice within the bounds of Superintendents within his Diocy without their consent and testimonialls subscribed with their hands And that Bishop within their Diocies visite by themâ—seves where no Superintendents is and give no collation of Benefice without consent of three well qualified Ministers as said is of Superintendents c. 8. Commissioners were appointed to conveen with the L. Regent and the Lords deputed by the Counsell To conferre and reason upon the heads of the jurisdiction and policy of the Church and other heads articles that shall be proponed by his Gr. unto them 9. Concerning the appointing of many Churches unto one Minister that the matter may be more plain the Church declares that howbeit sundry churches are appointed to one Man yet shall the Minister make his residence at one Church which shall be his charge properly and he shall be called Minister of that Church as for the others unto which he is nominat he shall have the oversight of them and help them so as the Bishop Superint or Commissioner shall judge expedient and occasion shall permit from his principall charge which he may no way neglect And this order to remain only whill God of his mercy send moe labourers into his harvest For clearing the history observe first by comparing what is done in this assembly with what is written immediatly before we see a variance betwixt this Regent and the Church This variance was not reconciled all the time of his Regiment It was for Episcopacy and the uniting of Churches and both these the Regent affecteth upon account of the Church-rents And Bishop Spotswood in the Histor Pag. 273. saith Nor left he any means unassayed that served to bring moneys into his cofers which drew upon him a great deal of hatred Secondly as the Bishops were intruded upon the Church unwillingly howbeit way was given for a time yet as they said in the Act of accepting them they delay not to curbe the Bishops both in their jurisdiction and conversation Thirdly when the Bishops were so hemmed-in they are not contented but seek to put away Superintendents as appeares by denying their stipends and the liberty of meeting in Assemblies and therefore this assembly do so much urge the authority and necessity of Assemblies Fourthly they alledge an Act of Parliament for assembling twice in the year certanly they would not have alledged it in such a manner if such an Act had not been but whither it was in the Queens time or in King James time it is uncertance because such an Act is not printed Fifthly because it was alledged in the end of the former year that the jurisdiction of the Church belongeth unto the Bishops therefore the assembly sets upon a constant policy of the Church and this was a work of some years as followes and the result was the Second book of Discipline Sixthly the Nationall Church was so far from barring the Supreme Magistrate and Counsellers out of the Assemblies as a railer against the Scots discipline hath lately vented in print either ignorantly or impudently that they did not only lament his and their absence but charged him and them in Gods name to be present c. And what was the practise after that time de facto it will appear hereafter The Assembly conveenes at Edinb August 7. here were Barons Bb. Superinten The 27. Assembly c. John Duncanson Min. at Tranent is chosen Moderator 1. Because Alexander Bishop of Galloway had not satisfied according to the injunction of the Assembly in the year 1573. John Brand Min. at Halirudhonse is ordained under pain of deprivation to excommunicate him if he satisfy not 2. If any Bishop Superintendent or Commissioner of visiting churches shall be found negligent or not to exerce their debtfull charge in visitation and teaching or be culpable in life he shall be censured according to the quality of the offence either by admonition publick repentance deprivation for a time or simpliciter 3. No Minister shall use or exercize the office of Collectory or Chalmerlanery under any
failed having no just warrant And being minded to satisfy his Majesty in all respects so far as possibly can be done with a good conscience after earnest calling upon the name of God for assistance of his Spirit and after long advicement hath found it good that the admonition of the Provinciall of Perth be reverenced of the said Generall Assembly and that the Assembly at this time give further admonition to John Ross to speak at all time reverently and with such wisdom of his Majesty that he alwayes may have so clear warrant of his speaches as may fully satisfy his own conscience before God and have the approbation allowance of all his godly brethren And this admonition be extended to all young men of the Ministry yea and to all the Assembly This judgement of the brethren being read and considered is voted by the Assembly to be followed in all points The said John Roâ—s is called-in and protests before God that whatsoever he spoke at that time he spoke it not of any respect to the traitors being then in the fields but in love to his Ma s weell and standing and so forth as is written above The Moderator in name and at command of the Assembly admonishes him and all the Assembly in the name and fear of God that in all time coming he and they all speak so reverently of his Majesty that they may have so clear warrant of their speaches that may fully sasisfy their own consciences before God and have approbation of all the godly and that his Majesty have no just cause of complaint or mislyking in time coming This admonition this said John acceptes with humble reverence VII In Sess 17. Androw hunter is delated to have deserted his flock and bruited to have joyned himselfe with the rebells of the King wherefore the Assembly presently deposeth him from the function of the Ministry ay and untill he shall satisfy the King and Church for that offence VIII In Sess 15. the assembly ordaines a fast to be keept within the presbytery of Edinburgh and other parts where advertisement can be made upon sunday next immediatly preceeding the Parliament and that his Majesty be entreated that Exhortation may bee according to the former laudable custom in the first day of Parliament and a thanksgiving at the conclusion thereof by some Minister and also that the said fast be made known unto his Majesty and entreated that he and his house would keep it It is also ordained that a generall fast be universally observed through the realm the two last sundayes of July coming because c. IX In Sess 18. Sir Rober Melvin of Murdo-Cairny and Alexander Hume of North-Berwick in name of the King present to the Assembly these their instructions 1. To protest that his Ma s royall priviledge set forth by act of Parliament be not prejudged in appointing the next assembly and to that effect that before their dissolving at this time they direct some of their number unto his Majesty to be resolved by him of the time place of the next meeting According to his Ma s proposition and their promise in the last Assembly at Dundy 2. That they will ratify and approve by Act of this present assembly their promise made to his Ma. in their foresaid Ass in any thing that any of the Ministry had to crave or â—omplain to his Majesty in any thing that they should do it by particular conference and not utter publickly in pulpit any unreverent speaches against his Ma s person Counsell or estate Under the pain of deprivation And for this cause that they will presently try and censure one of their number who hath contraveened the said Act and specially they will examine so many of their number as were present at the last Synod at Perth and charge them upon their great oath to declare what treasonable and unreverent speaches they heard John Ross utter in all their audiences and next whither they censured him for them thereafter or not and to desire them in his Mas name that according to the Synodall censure of him they will judge him as he demerits on the one part and his Ma s modest behaviour ever since that hath deserved 3. That they will excommunicat Andrew Hunter for bringing a scandall upon their profession as the first open traitor of the function against a Christian King of theyrown religion their naturall Soverain 4. That by Act of their assembly they will ordain every particular Minister within their charge to dissuade alswell by publick as private exhortation their flock committed to their cure from concurring with the treasonable attempts of Bothwell or any other traitors that raiseth ot shall raise up themselves against the lawfull authority placed by God in his Ma s person And specially that they shall narrowly take heed and not suffer any of their flock be seduced under color of religion or whatsoever false pretext to receive wages and becom souldiers for service of any persons excep they see his Ms warrant thereunto and namely of Both well who presently in sundry parts of this realm hath attempted the same 5. That in respect the time of Parliament is at hand and the occasion will suddanly serve for declaring his Ma s godly and honest intention in persecuting the Papists excommunicate Lords both by law and other ways therefore they will select one or two Commissioners of the discreetest wisest of every principall Presbytery and give them Commission to attend upon his Ma. at this time alsweell that his Ma. may have their good advice assistance in this good business no less concerning the estate of religion than the estate of his Ma s Crown and Countrey and lykewise that his Ma. may by their means direct and inform what he would wish to be don by all the rest of the Ministry as occasion shall from time to time present The humble answers of the Assembly unto these articles 1. The time and place of the next Gen. assembly is appointed by the advice of his Ma s Commmissioners according to the Act of Parl. to be at Montros the last tuysday of Juny come a year 2. The act made by the Gen. assembly at Dundy is ratified de novo and the particulare of Jo. Ross is resolved as his Ma. shall be informed more by the Commissioners of the Church 3. The Ass hath pronounced the sentence of deposition against An. Hunter untill he satisfy his Majesty and the Church 4. Every Minister is straitly commanded to dissuade their own flocks alswell by privat as publick exhortations from concurring in the treasonable attempts of Both well or other traitors to his Maj. c. As in the demand 5. A certain number is appointed to wait on his Maj. for satisfying the last article Against the Sentence of excommunication pronounced by the Synod of Fife against the Papist Lords B. Spotword P. 396. objecteth it was unlawfully done by them having no power And
when they shall arrive As appeares their intention is by their preparation force and armour and leagues of friendship which they are dayly binding up 2. Many Jesuites and excommunicat Papists are keept within the Country detaining such as they have perverted in their errors and seducing others into the same corruption and holding them in hope of the Papist Lords with assistance of strangers such are Robert Abercromy Alex. Macquhirry the Abbot of New-abbay John Gordon of Newton Pat. Con Alexander Lesly of Piell young Bonitoun Alexander Ramsay and many others 3. In many places people are altogether ignorant of their salvation and that for want of Pastors and maintenance nor know they their duty unto God or their King and so the Land is overflowed with atheism and all kind of vice There be 400 Paris-churches destitute of the Ministry of the word besids the Churches of Argile and the Isles 4. It is universally lamented by his Majesties subjects that by delaying perverting and eluding of justice murders oppression incests adulteries and all kind of hainous crimes abound 5. It is heavily lamented that the Ministers who have obtained some small provision by assignation in An. 1595. are frustrated by the Lords of Session refusing to decide the suspensions according to the Act of February 1587 year The overtures for remedy were adioyned as they are related before in Sess 5. IX In Sess 10. John Preston and Edward Bruce Commendator of Kinloss Commissioners from his Ma. do give-in these articles or instructions 1. Yee shall shew unto the Assembly our good will to have al the Churches of Scotland planted with Ministers and sufficient livings to the great hurt of our own revenue and that portion of the thirds which was assigned to our house and our Counptrollars in possession thereof but finding that all the thirds is not sufficient to plant all the Churches nor is it commodious for Ministers to serve in one place and have their livings in another far distant from their cure Therefore we have thought good to set forward an order for locall stipends founded on this ground that all the churches of Scotland shall have Ministers and all Ministers shall have stipends within their own parishon of such value as by our authority on the one part and by concurrance and procurement of the Church on the other may be obtained from the tacks-men of tyths and present possessors of them for which effect wee have caused an Act of Parliament to be made in the year 1592. granting Commission to certain Noble men Counsellers Officers and Ministers on the one and other parts To treat of and prosecute this matter and also have given command particularly to certain of our Lords of Checker to help by their advice and labors to bring this matter unto some perfection wherein as wee understand some thing is done as part of the brethren can testify As wee continuing in our good mind to have in our time the Church setled with livings and not entangled yearly with process and to have all our churches planted within the realm By these presents offer and promitt unto the Assembly to cause our Commissioners Counsellers and Officers to conveen presently before the expiring of this Assembly with the saids Commissioners from the Church to begin this good purpose and to lay the ground and to set down the order time and place of conveening to prosecute the same unto the end conform to the Act of Parliament So that if any stay shall bee it shall be on the Church's part as oft before and not on our part 2. Yee shall shew them that it is a stay of this good work that by some of their preachings the people are made to understand that wee and our Counsell would stay the planting of churches and take away the livings possessed by Ministers albeit the contrary is true that wee and our Counsell are most willing that the churches be wholly planted and the provision of Ministers be augmented so far as lawfully may be obtained with consent of our Nobility and other tacks-men of tyths whose rights without order of law wee can not empare and therefore this form of preaching discourageth our good Counsellers most willing of the work and is an heavy slander upon the Ministers wherein yee shall crave order be taken and the like be not done in time coming 3. Yee shall desire those your instructioes in our name to be registred in the books of the Assembly as a perpetuall testimony of our good will and also that answers be given particularly by a generall vote of the wholl Ass and no way to be referred to a privat Conference and the answers so voted to each particulare head to be registred in like manner and the extract of all these articles and the answers to be delivered unto you and to be reported unto us Sic subscribitur James R. In Sess 13. with the above named overtures these petitions were sent unto the King 1. That his Maj. would prosecute his good purpose and intention declared concerning the planting of all the churches with qualified Ministers and sufficient provisions for their entertainment And for that effect that he would give commission to the Visitors named by the Asseâ—bly to take inquisition of all churches within the boundes of their visitation and to deal in his Majesties name with the tacks-men possessors of the tiths for sufficient provision unto the Ministers out of the every parish and to report their diligence unto his Majesties Commissioners appointed for the work of the Plat and to provide for the charges of the Visitors in that journy 2. That his Majesty would be pleased to take order substantiously by advice of his Counsell and Estates how the Principall Judgement-seats and other inferior Judicatories may be purged of unqualified and corrupt persons and filled with others meet to discharge that Calling faithfully for the comfort of his Majesties peaceable and well disposed subjects 3. That his Majesty would command and ordain the Lords of Session to administrat justice unto the Ministers who have obtained a small augmentation of their stipends or new provision by the Modefiers in the year 1595. and according to the Act of Febru in the year 1587. as they are bound by their solem oath and promise Seing the extraordinary dearth urgeth them with so great necessity that unless his Maj. have consideration of their estate they and their families are driven to extream poverty and want X. Articles propounded by the Commissioners of the constant Plat to be advised by the Assembly and passed in Acts 1. It is thought requisit that the Assembly would ordain that the Moderators of each Presbytery should give presentations jure devoluto of all Benefices of cure belonging to Laick patrons that have not presented qualified persons within sixe months after the decease of the last possessor and also of these Benefices which heerafter shall vaik if these patrons neglect to present within sixe months Under the pain
voter in Parliament shall give account Annuatim and lay down his office at the feet of the Assembly to be continued or altered as c. They communicate this device unto the King who set down the conclusion so and so it was written The Bb. did never attempt to annuall these cautions and so these being established by the Assembly with consent of the King were the grounds of deposing and excommunicating the Bb. in the Astembly in the year 1638. Then The historicall Narration sets down some pranks as he speaks of the Commissioners 1. The Ministers of Edinburgh were charged August 12. by the King and Counsell to depart out of the town all excep the two young men that entred last and discharged to preach within the Kings dominions because they would not professe unto the people that they were persuaded the Earle of Goury and his brother would have killed the King in Perth on the fifth day of August and persuade the people to believe it They profered to thank God for the Kings delivery out of danger to rehearse faithfully unto the people the history as his Majesty had delivered it and to speak nothing in the contrary But that was not accepted Not long after their places were declared vaking by the Commissioners of the Generall assembly September 5. they were charged to compear before the king and Counsell in Sterlin to hear further punishments decerned against them William Watson John Hall Walter Balcanquall and James balfour professed that they were resolved and were appointed to declair their resolution in other churches as was designed unto them and to confesse their error and incredulity Robert Rolock was departed this life in the year preceeding The Court said These were sent to make their repentance Robert Bruce professed that he was not yet resolved and craved time to try search He is ordained to depart out of the Country not to teturn into Scotland nor England without his Majesties licence and to remain in Airth untill he departe 2. The king with advice of the Commissioners of the Generall assembly calleth a meeting of two out of every Synod to be holden at Edinburgh in October to take order with the churches of Edinburgh and to consult with the Commissioners upon such things as were to be propounded unto the ensuing Parliament At this meeting the King was earnest to have others planted in the Ministers roomes of Edinburgh albeit they had declared their resolution as they were enâ—oined excep John Hall whom said the king I will take in my own hand It was answered That could not be done unless they were deposed by the Church or cutt off by some Civill Judicatory The king was so earnest that they said they would try the Ministers own minds whither they be content with transportation rather than suffer their churches to be destitute William Scot James Melvin and John Carmichell were directed to deal with them When these were gone unto the Ministers the king and commissioners propounded to name three to vote at the Parliament which is to be holden in November and obtained it to wit Peter Blackburn David Lindsay and Goerge Gladstanes were named without regard of the order and cautions concluded in the late Assembly The three that weresent forth knew nothing of the matter till the meeting was dissolved nor were the Churches of Edinb provided before the next Generall assembly 3. In the Parliament where Goury was forfeited these three which were named before did vote David Lindsay as Bishop of Ross Pater Blackburn as Bishop of Aberdien George Glaidstanes as Bishop of Caitnes In the Synod of Fife at Santand in February An. 1601. George Glaidstanes was accused and confessed that he had sitten in the Parliament and had answered as Bishop of Caitnes when he was called but said he it was against my heart nor would they name mee otherwise Such were the slight shifts they had when they were found guilty of any breach Da. Lindsay was rebuked in the Synod of Lothian in Aprile So soon were the cautions or Caveats contemned I have written of these Assemblies particularly the rather that they have never been in Print before And many either of malice or ignorance and some of both have published much venom against them And now I conceive that some may think Seing these Assemblies were confirmed by authority of the King and Parliament how left they off therefore I adioyn a continuation of them unto their End A Continuation of the History of SCOTLAND'S ASSEMBLIES I. THE Commissioners of the Assembly had a meeting with 1601. some other Ministers at Bruntelan in March year 1601 there they agreed to entreat the King for restoring the Ministers of Edinburgh unto their places and for a free Nationall assembly to determin all matters then in controversy The Commissioners promised to deal earnestly in both But how did they perform their promise saith the Author of the historicall Narration Concerning the first some of them said unto the King Sir They are out now blame not us but your self if ever they offend you again And in the other point an assembly was called but no controversy was handled At that time John Hamilton and Edmund hay two Jesuits came into the countrey the King understanding that they were factious and busy men sent forth a proclamation inhibiting them to remain under pain of treason and declaring that he would no otherwise judge of such who shall receive them but as the pursuers of his own life Nevertheless they were keept in the North parts untill after some years John Hamilton was apprehended and sent to the Tower of London where he died By the Kings proclamation the Assembly conveens at Bruntelan May 12. there the King was present and Commissioners John Hall is chosen Moderator I. A generall The 63. Assembly complaint was of the want of purity zeal and practise of the true Religion in all Estates which must end in papistry or atheism within a short space in the just judgement of God unless substantious remedies be provided in due time Nor can this malady be sufficiently cured unless the originall causes and speciall occasions thereof be riped up The Brethren were exhorted The causes of dection to think upon this weighty matter and the meeting is adjournied for two dayes Then the causes of this defection were judged to be 1. The just wrath of God for the unreverent estimation of the Gospell and for the sins of all Estates in dishonoring their profession 2. Want of diligence on the part of Ministers in discovering them who make apostasy into Papistry and negligence in executing the lawes and disciplin against them who are discovered 3. Want of Pastors at unplanted churches and displanting of churches by diminution of the thirds 4. Neglecting of towns and churches that are of greatest inportance to the interest of Religion or not planting them with qualified Pastors such as the Kings house the Prince's house the houses of
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