in the reformed Church 5. The Churches also which are united and joyned together by annexation to Benefices ought to be separated and divided and given to qualified Ministers as Gods word requires neither ought such abusers of the Patrimony of the Church have voice in Parliament nor sit in Councel in name of the Church and Church-men to the hurt and prejudice of the liberty thereof and lawes of the Realm made in favours of the Reformed Church 6. Much lesse is it lawful that one person amongst these should have five or six ten or twenty Churches all having the cure of soules and enjoy the Patrimony thereof either by admission of the Prince or of the Church in this light of the Gospel for it is but mockery to crave reformation where the like have place 7. And albeit it was thought good for avoyding greater inconveniences that the old possessors of such benefices who imbraced the Religion should enjoy by permission the two parts of the rents which they possessed before during their life time yet it is not tolerable to continue in the like abuse to give these places and other benefices of new to men as unmeet or rather unmeeter who have no mind to serve in the Church but live an idle life as others did who enjoyed the same in time of blindnesse 8. And whereas by the order taken at Leith 1571. it appears that such may be admitted being found qualified either that pretended order is against all good order or else it must be understood not of them that are qualified for worldly affairs or to serve in Court but such as are qualified to teach Gods word and have their lawful admission of the Church 9. As to Bishops if the name be properly taken it is all one with the name of Minister as was declared for it is not the name of superiority or Lordship but of office and watching Yet because in the corruption of the Church this name hath been abused and is like to be we cannot allow this fashion of these new chosen Bishops nor of the Chaptors that are their electors to such in office 10. True Bishops should addict themselves to one particular flock which divers of them refuse neither should they usurp Lordship over their brethren and the inheritance of Christ. 11 12. Pastors in so farre as they Pastors have not the visitation of mo Churches joyned to the Pastorship unlesse it be committed to them 12. It is a corruption that Bishops should have further bounds to visit then they may conveniently overtake neither ought any man to have the visitation of Churches but he that is chosen by the Presbytery 13. The Elderships well established have power to send out Visitors with Commission to visit the bounds within their Eldership and after accompt taken be either continued or changed from time to time being subject alwayes to their Elderships 14. The criminal jurisdiction in the person of a Pastor is a corruption 15. It agrees not with the word of God that Bishops should be Pastors of Pastors or Pastors of many flocks and yet be without a certain flock and no ordinary teacher nor doth it agree with the Scripture that they should be exeemed from the correction of their brethren and the discipline of the particular elderships of the Church where they shall serve neither that they usurp the office of visitation of other Churches nor any other function besides that of other Ministers unlesse the same be committed to them by the Church 16. Heretofore we desire the Bishops that now are either to agree to that order which Gods word requires and not to passe the bounds prescrived by the general Church either in Civil or Ecclesiastical affairs or to be deposed from all function in the Church 17. We ceny not in the mean time that Ministers may and should assist their Princes when they are required in all things agreeable to the word of God whether it be in Councel or Parliament or out of Councel providing alwayes they neither neglect their own charges nor through flattery of Princes hurt the publick estate of the Church 18. But generally we say that no Pastor under whatsoever title of the Church and specially the abused titles in Popery of Prelates Chaptors and Convents ought to attempt any thing in the Churches name either in Parliament or out of Councel without the Commission of the Reformed Church within this Realm 19. It is provided by Act of Parliament that the Papistical Church and jurisdiction shall have no place within the Realm and that no Bishop nor Prelate should use any jurisdiction in time coming flowing from the Popes authority And likewise that no other Ecclesiastical jurisdiction should be acknowledged within this Realm but that which is and shall be in the Reformed Church and flowing from the same And such we esteem the Chaptors holden in Papistical manner either of Cathedral Churches Abbeys Colledges or other conventual places usurping the name and authority of the Church to hurt the Patrimony thereof or use any other Act to the prejudice â—of the same since the year 1560. by abusion and corruption contrary to the liberty of the Church and lawes of the Realm which therefore ought to be annulled reduced and in time coming utterly discharged 20. The dependences also of the Papistical jurisdiction are to be abolished of which sort is the mingled jurisdiction of the Commissars in so far as they meddle with Ecclesiastical matters have no Commission of the Church thereto but were elected in time of our Soveraigns mother when things were out of order It is an absurd thing that divers of them having no function in the Church should be Judges in deposing Ministers from their places Wherefore they would be either discharged to meddle with Ecclesiastical matters or it would be limited to them in what matters they might judge and not hurt the liberty of the Church 31. They also that before were of the Ecclesiastical estate in the Popes Church or that are admitted of new to the Papistical titles and now tolerated by the laws of the Realm to possesse the two parts of their Ecclesiastical rents ought not to have any further liberty but to intromet with the portion granted and assigned unto them for their life times and not under the abused titles which they carry to dispone the Church rents setting in fewes and leases the same at their pleasure to the great hurt of the poor labourers that dwell upon the Church lands and the prejudice of the Church contrary to good conscience and all order CHAP. 12. Special heads craved to be reformed 1. WHatsoever hath been spoken of Church offices the several power of office-bearers their conjunct powers and last of the Patrimony of the Church we understand it to be the right reformation which God requires but because something would be touched in particular concerning the estate
to direct letters to the Earls of Argile Huntley Cathnes Rothes Crafourd and Menteith The Lords Boyd Drummond Hervis Catheart Yester Fleming Levingston Seaton Glammis Ochiltrie Gray Oliphant Methven Innermaith and Sommervaile and to the Commendators of Aberbrothock Kilwining Dunfermling St Cobuke Newbottle and Halyrudhouse who did either assist the advese party or then behaved themselves as Newters To procure the greater respect to these Letters Iohn Knox Mr. Iohn Douglas Mr. Iohn Row and Mr. Iohn Craig were chosen Commissioners and had instructions given them to this purpose That Satan by his instruments had of long time and by many subtile ways laboured to hinder the progresse of true Religion within this Realm and that now the same was in hazard to be utterly subverted chiefly through the poverty of the Ministers that ought to preach the word of life unto the people some being compelled to leave their vocation and betake them to civil callings others so distracted through worldly cares as they could not wait upon the preaching of the word so diligently as they wished In consideration whereof the Assembly of the Church being convened at Edinburgh had thought it necessary to prorogue their meeting to the 20. of Iuly and to intreat and admonish all persons truly professing the Lord Iesus within the Realm as well Noblemen as Barons and those of the other estates to meet and give their personal appearance at Edinburgh the said day for giving their advice councel and concurrence in matters then to be proponed especially for purging the Realm of Popery the establishing of the policy of the Church and restoring the Patrimony thereof to the just possessors Assuring those that should absent themselves at the time due and lawful advertisement being made that they should be reputed hinderers of the good work intended and as dissimulate professors be esteemed unworthy of the fellowship of Christs flock considering chiefly that God in his mercy had offered a better occasion for effecting these things then in times past and that he had begun to tread downe Satan under foot This they were willed to speak and by all faire perswasions to move them to keep the day and place appointed The missive letters were for the most part to the same effect but in these besides the provision of the Ministers I find the poor and indigent members of Christ also mentioned and somewhat said concerning an union to be made amongst the professors and such a conjunction as might make them able to withstand the craft and violence of their enemies But neither did the letters nor the credit given to the Commissioners prevaile with those to whom they went all almost excusing themselves some by word others by letter and saying That in regard of the present division caused by the Queens imprisonment and that the Town of Edinburgh where they were required to meet was straitly kept by a part of the Nobility and some hired souldiers they could not come to the place appointed without trouble and danger of their lives Notthelesse they did assure the Church of their willingnesse to every thing that might serve to advance the Gospel and further the provision of the Ministers for the better and more diligent attendance on their callings The Earl of Argile did answer more particularly and touching the policy desired that no novations nor alterations should be made before a generall meeting of the Estates In like sort the Lord Boyd did by his answer promise to bold hand to the forthsetting of the Policy but with an exception so farre as it might stand with law Yet had both the one and other ratified the book of Policy by their subscriptions long before and made no scruple either of law or custome at that time The Noblemen that remained at Edinburgh perceiving they could not be drawn to a meeting resolved to prosecute their purpose at all hazards and joyning with the Assembly condescended to all the Artticles proponed for the good of the Church and made great promises of performance howbeit having once attained their ends they did forget all and turned adversaries to the Church in the same things whereunto they had consented Always the Articles agreed unto were as followeth 1. That the Acts made in the Parliament holden at Edinburgh the twenty fourth of August 1560. touching Religion and the abolishing of the Popes authority should be extracted forth of the Registers and have the force of a publick law and that the said Parliament in so farre as concerning Religion should be maintained and defended by them as a Parliament lawful and holden by sufficient commission from the Queen then being in France and be ratified in the first Parliament which should happen to be kept within the Realm 2. That untill perfect order might be taken for restoring the Patrimony of the Church the Act of assignation of the thirds of Benefices for the sustentation of the Ministery should be put in due execution 3. That an Act of Councell made with consent of her Majesty touching the conferring of small Benefices within the value of 300. marks to Ministers should be put in practice as likewise the Act for annualls obits and aulterages especially within Burghes 4. That in the first lawfull Parliament which should be kept or sooner if occasion might serve the Church of Christ within this Kingdome should be fully restored unto the Patrimony belonging to the same and nothing be past in Parliament before that and other matters of the Church were first considered and approved In the mean while the Noblemen Barons and other Professors then present did willingly offer and consent to reform themselves in the matter of the Church patrimony according to the Book of God and to put the same in practice for their own parts ordaining the refusers and contraveners of the same to be secluded from all benefits of the Church It was further agreed That in the next Parliament or otherwise at the first occasion order should be taken for the ease of the labourers of the ground in the payment of their Tithes and that the same should not be disponed to any others without their advice and consent 5. That none should be permitted to beare charge in Schooles Colledges and Universities nor allowed publickly or privately to instruct the youth except such as should first be tried by the Superintendents and Visitours of the Church who being found meet should be admitted by them to their charges 6. That all crimes and offences committed against the Law of God should be severely punished according to the Word of God and Judges deputed for execution thereof or if there be no lawes as yet made nor Judges appointed for the punishment of such crimes that the same should be done in the first Parliament 7. That seeing the horrible murther of the King her Majesties husband is a crime most odious before God and tending to the perpetuall shame and infamy of the whole Realm if the same should not be
of the Kings faction to undertake the charge he resolved to accept the same and in a convention of Noblemen and others of the Estates kept at Edinburgh the 20. of August was elected Regent with a great applause of all that were present The same day was his Election published and charge given to all the subjects for acknowledging and obeying him as Regent and Governour of the Realm unto the Kings majority THE HISTORY of the CHURCH OF SCOTLAND THE FIFTH BOOK The Contents How matters passed in the State and Church during the Government of the four Regents his Maiestie being yet minor BOthwell after his flight at Carberry having stayed a few dayes in the Fort of Dumbar for that he feared to be inclosed made to the Sea with two or three ships which he had prepared and went into Orkney his purpose was to have remained in the Castle of Kirkwall and if any did pursue him to take himself to the ships but the keeper Gilbert Balfour would not receive him so as he was forced to return to Sea and there playing the Pirate made spoil of all that came in his way The Regent advertised of this sent William Kirkealdy of Grange with five ships well maned to pursue him who coming upon him unlooked for as he lay in one of the creeks of Orkney gave him the chase and had certainly taken him if they had not been hindered by rocks and shallow waters The Unicorn one of Granges best ships was cast away upon a rock Bothwell with his that were not of such a burthen escaping Shortly after he was taken upon the Coast of Norway and conveighed to Denmark where being detected by some Scottish Merchants he was put in a vile and loathsome prison and falling in a frensie which kept him some ten years made an ignominious and desperate end such as his wicked and flagitious life had deserved Grange at his return had the Castle of Edinburgh committed to his keeping which a little before was sold by Sir Iames Balfour to the Regent for the summe of 5000. pounds and the gift of the Priory of Pittinweeme At the same time Patrick Whitlaw keeper of Dumbar Castle being charged to render the same did at the perswasion of his friends yield up the fort which otherwise was held impregnable The Lords who were convened at Hamilton perceiving how matters went and that all things grew strong on the Regents side upon a new deliberation did write unto him and the rest that stood for the Kings authority desiring a conference and offering to send the Earl of Argile with some others to any place they would for meeting But because in the superscription they gave not the Regent his due title stiling him only Earl of Murray the letter was rejected by the Councell and the messenger dimitted without answer Argile knowing what had given the offence resolved to go unto the Regent and taking with him the Lord Boyde and the Abbot of Killwining came to Edinburgh There it being declared that the election of the Regent was not made upon any contempt or misregard of the Noblemen who were absent but upon necessity to keep the Realm in order it was agreed that a Parliament should be called for setling all affairs by advice and consent of the Estates and that the same should be kept at Edinburgh the 15. day of December next When the Diet appointed for Parliament came it was kept with such a frequency as the like was not remembred to have been seen a long time The honours accustomed of Crown Scepter and Sword were carried by the Earls of Angus Huntley and Argile and every thing done with the greatest shew of solemnity that could be used Beginning was made at the affairs of the Church and divers Acts concluded in their favours as an Act abolishing the Pope his jurisdiction and usurped authority within the Realm another for repealing the Statutes made in former times for maintenance of idolatry and superstition with the ratifying of the confession of faith and some others which may be seen in the first Parliament of King Iames the sixth The matter of policie and jurisdiction of the Church was referred to the consideration of certain Lords delegated by the Estates but for the restitution of the patrimony which was promised to be the first work of the Parliament though the Regent did what he could to have the Church possessed with the same it could not be obtained Only the thirds of Benefices were granted to the Church for provision of the Ministers the superplus or what should be found remaining after the Ministers were provided being applied to the support of the publick affairs of the Estate Touching the Queen a long consultation was held what course should be taken with her some urged that she should be arraigned and punished according to the law Others reasoned that whatsoever authority was in the Kingdom was derived from her and was revocable at her pleasure so as she could not be arraigned or brought to trial before any inferiour Judge and when it was replyed that the Scots from the very beginning of the Kingdom had been in use to censure and punish their Kings in case of grievous crimes the greater number disliking that course it was concluded that she should be detained and kept in perpetual prison Some ten days after in an Assembly of the Church the Bishop of Orkney was convened for joyning the Queen and Bothwel in marriage and deposed from his function and office The Countess of Argile being cited to appear before the same Assembly for assisting the Baptisme of the King and giving her presence at the Papistical rites then used did submit her self to censure and was ordained to make publick satisfaction in the Chappel of Striveling where the offence was committed upon a Sunday after Sermon in such manner and at such time as the Superintendent of Lothian should appoint In the moneth of Ianuary Iohn Hepburn called Bolton Iohn Hay younger of Tallow and two Chamberboyes of Bothwels powrie and Dalgleish were brought to trial for the Kings murther and found guilty by their own confessions The summe whereof was that they were enticed unto that wicked fact by Bothwel who did assure them that most of the Noblemen within the Realm had consented thereto and that a contract was shewed them subscribed by the Earls of Argile Huntley young Lethington and others but whether these subscriptions were the Noblemens own or counterfeit they could not tell They further said that Bothwel made them believe that the Lords who had subscrived would each of them have one or two of their servants present at the murther yet were they but eight persons in all besides Bothwel himself that came unto the place Namely Sir Iames Balfour the Laird of Ormeston in Teviotdale Robert Ormeston his Cousen one Wilson a man of Hadington and the four who were then to suffer The sentence upon their conviction
should prefer none thereto but such as was sound in Religion and for other qualities apt and worthy That during his Regencie he should grant no respits nor remissions for hainous crimes That he should not transport the King forth of the Castle of Striveling without the advice of the Councel That he should grant no favour to the murtherers of the Kings Father and Regents That he should neither enter into league with forainers nor denounce warre without the consent of the Estates And that he should be careful to entertain the amity contracted with the Queen of England The Estates on the other part did promise to assist him with all their power against the Kings enemies and to joyn with him in the reformation of whatsoever abuses crept in by occasion of the late troubles without offending at the execution of justice upon their nearest and dearest friend Order was also taken for the entertainment of his house the setling of a resident Councel and the advancing of the revenues of the Crown to the best profit And these were the things done in that meeting Soon after came Sir Henry Killigrew Ambassadour from England partly to declare the content which the Queen had received in the choice of the Earl of Morton to be Regent and partly to renew the Abstinence which was then near the expiring Herein he prevailed so farre with the Duke and Huntley as they were brought not only to prorogate the Abstinence but also to name certain Noblemen who should meet for them at Perth with such as the Regent by advice of the Councel should nominate for concluding a perfect peace The Laird of Grange and those that remained with him in the Castle refusing to be comprehended in that treaty went on in victualling and fortifying the house for impeding whereof the Regent did levie some companies of souldiers to inclose the Castle and because the time of Parliament was approaching he caused erect Bulwarks in divers places of the street to secure the people at their meetings to Sermon and the Judges that convened to the ministration of Justice Grange finding himself thus pent up did by a Proclamation from the Castle wall command all the Queens subjects to depart forth of the town within the space of 24. hours The time expired he made the Cannon thunder upon the town to the great terrour of the Inhabitants yet there was no great hurt done that way which when he perceived he hired one of his souldiers to set fire in the night time to some houses under the wall which destroyed a number of tenements for a strong Western wind blowing in the time the fire did so rage as from S. Magdalens Chappel Westward all was consumed none daring to put hand to quench the fire because of the Canon that played still on the part where they saw any concurse of people This made him extremely hated and even they that otherwise wished him well were greatly offended with this doing The Parliament notthelesse kept and thre in divers Acts were mode partly for maintaining the Kings authority partly for preservation of true Religion which causes were held in those days so conjoyned as the enemies of the one were likewise esteemed enemies to the other Therefore was it then enacted That none should be reputed loyal and faithful subjects to the King or his authority but be punished as rebels who made not profession of true Religion And that all such as made profession thereof and yet withstood the Kings authority should be admonished by their teachers to acknowledge their offence and return to his Majesties obedience and if they refused that they should be excommunicated and cut of from the society of the Church as putrid and corrupted members The Parliament breaking up the Regent by advice of the Councel directed to the meeting at Perth the Earl of Argile then created Chancellour the Earl of Montrosse the Abbot of Dunfermlin Secretary the Lords Ruthven Boyd and Sir Iohn Ballenden Justice Clerk There met with them the Earl of Huntley and Lord Iohn Hamilton Commendatory of Aberbrothock authorised by the rest that maintained the Queens authority The English Ambassadour assisting them after some days conference they were brought to agree upon these Articles 1. That all persons comprehended in the present pacification should acknowledge and professe the true Religion established and professed within the Realm and maintain the Preachers and professours thereof against all opposers specially against the confederates of the Councel of Trent 2. That the Earl of Huntley and Lord Iohn Hamilton with their friends and followers should submit themselves to the King and to the government of the Earl of Morton his Regent and his successours in the same acknowledging themselves the Kings subjects by their oaths and subscriptions 3. That they should confesse all things done by them under colour of any other authority since the time of his Majesties Coronation to have been unlawful and of no force nor effect 4. That an Act of Parliament should be made with all their consents ordaining that none of the subjects should assist fortify supply or shew any favour directly nor indirectly to those who should happen to practise against the religion presently professed the Kings person his authority or Regent And if they should be tried to do any thing to the contrary the remissions granted to them with all other benefits of the pacification should be null and they pursued for their offences past as if they had never obtained pardon for the same 5. That all persons professing his Highnesse obedience who had been dispossessed during the late troubles should be reponed to their houses lands livings benefices and whatsoever goods belonging to them if so the same were extant in the hands of the intrometters horses and armour only excepted 6. That the Master of Forbes Iames Glen of Barre and all other persons should be set at liberty as likewise the bonds given by the Lord Semple and others for entry of prisoners or for paiment of any ransomes be discharged 7. That the Earl or Huntley and Lord Iohn Hamilton should dimit and cause all souldiers hired or maintained by them or any of their party to be forthwith dimitted 8. That all processes of forfeiture which had been led especially the sentences given against the Earl of Huntley Lord Iohn Hamilton and Lord Claud his brother William Bishop of Aberdene Alexander Bishop of Galloway Adam Gordon of Awchindown and the rest of their friendship for any crimes or offences done in the common cause against the King and his authority since the 15th of Iune 1567. or for any other cause contained in the summons of forfeiture raised against them should be declared null and of no force without any other special declaration And that the foresaid persons should have liberty given them to reduce the said forfeitures as they should please 9. That all persons then returning or who should return to the Kings obedience and
Declaration thereafter published did in a Synod holden at S. Andrews raise a new stirre calling a number of Barons Gentlemen and Ministers together as to a Synod Mr. Iames Melvil his Cousen made the exhortation in which after a bitter Invective against the devisers of the foresaid Acts he admonished the Assembly to censure him that was known to have had a chief hand therein meaning the Bishop The exhortation ended Mr. Robert Wilkie Professour of Philosophy in S. Leonards was chosen Moderator and their doctrine as their manner was being approved it was proponed that according to the admonition given them they should proceed in censuring the Bishop The opinions were divers some holding it dangerous and doubting what might be the consequence of it others inquiring if he was cired to the Diet a third sort more zealous then the rest cried out that it was the cause of God in which no man ought to forecast or fear any danger and that a citation needed not where the iniquiry was so manifest or if that was thought necessary that he might be warned to the next Session being then in the City This course was held most formal and so was he ordained to be cired In the afternoon he compeired and protesting that he did not acknowledge that Iudicatory desired to understand what they could charge him with that he might justifie himself They misregarding the Protestation did accuse him of devising the Statutes made in the year 1584. of penning the Declaration published thereafter by his Majesty of traducing the brethren that fled into England in the time of his Ambassage and a number the like To this the Bishop repeating his protestation answered That the Statutes were not of his devising but when they were proponed he gave his opinion that they were good and lawful Acts and therein had served his conscience the very second Act of that Parliament being an express confirmation of Popery in so farre as by it the dignity and authority of the three Estates was ordained to stand unaltered according to the ancient custome of the Realm This said they is a ratifying of the Episcopal jurisdiction according as it was in time of Popery The Bishop replied That the Bishops were not by themselves an estate but they represented in a part the estate of the Church which was ever reputed the first estate of the Realm since the Kingdome became Chiristian and that in the Act alledged no jurisdiction was established howbeit for the Episcopal power there was enough to be said if the time and place were fitting But if they had no further to say he would leave them putting them again in mind that they were not his Iudges and that these were matters too high for subjects to meddle in At last perceiving they would proceed with their censures he appealed to his Majesty the Councel and three Estates of the Realm or any other lawful Assembly convened by his Majesty and so departed When he was gone they entered into consultation what to do many were of the judgment that after appellation there could be no proceeding others though that the appellation was not to be regarded The matter being put to voices it was concludeded only by two voices more that he should presently be excommunicated The Moderator by his place was to pronounce the sentence but he refused albeit he was no friend to the Bishop at that time nor would any other of the Assembly take on them to do it In end when all were dissolving and a great part gone forth out of the Schools for the Assembly was kept in S. Leonards a yong fellow named Mr. Andrew Hunter willed them to stay professed that he was warned by the Spirit to pronounce the sentence and so ascending the chair he read the same out of the book a few only remaining as witnesses This scornful and disorderly proceeding was the next day required in a form nothing better Two of the Bishops servants going to the Church at the time of prayer caused one Mr. Samuel Cunningham Cousen to the Bishop go unto the Readers seat and pronounce the same sentence against Mr. Andrew and Mr. Iames Melvil and some others of the Ministers of Fife who had been most eager and forward against the Bishop The Appellation was sent by the Bishop to the King wherein first he excepted against the Synod as being unlawfully convened Next against their unjust proceedings The first he proved saying That convention was expresse against the Statutes of Parliament and neither convocated by his Majesties letters nor by the Bishop of the Dioces moderated by a Laick person that had no imposition of hands made up of a company of Barons Gentlemen Masters of Schools and Colledges who bare no function in the Church and ought not to have any suffrage in Ecclesiastick Assemblies and no sufficient number of Ministers assisting who though they had been present by the Apostles rule were subject ot the Bishops censure and he not to theirs The injustice of their proceeding he qualified first by their citation which neither contained a lawful cause nor did allow him a reasonable time for his appearing 2. That at his compeiring which was under protestation that he did in no sort acknowledge that judicatory they accused him for defending his Majesties authority in matters Ecclesiastick and for his consent given to the Statutes made in Parliament 1584. which were the lawes of the King and three Estates which they ought not to take on them to condemn 3. That they transgressed the order set down in their own Assemblies which appoints admonitions and prayers to be used for persons before the sentence be pronounced 4. That the conclusion they took to excommunicate passed not with consent of those who were present and was carried only by the voices of two ignorant Ministers 5. That the Moderator of the pretended Synod refusing to pronounce the sentence one Hunter servant to Mr. Andrew Melvil had taken on him to do the same alledging he was moved thereto by the Spirit of God which was a conceipt of the Anabaptists and ought to be severely punished And 6. That Ministers in their Synods were they never so lawfully convened may not excommunicate any person without consent of the Church whereof he is a member Saint Paul on whose example they grounded their excommunications not presuming by himself to cast forth the incestuous man but writing to the Church of Corinth that when they were convened together they should do the same In end he intreated his Majesty whom it specially concerned to take cognition of their unruly and tumultuous proceeding and to consider how dangerous a thing it was to put the spiritual sword in the hands of such men who might possibly attempt the like against his Majesties self others of the Councel When the King heard of this business he was greatly commoved yet because the Diet of the Assembly was approaching he thought best to continue the
that he would not utter any thing that might work prejudice to others nor could he be induced either by perswasion or threatning to detect the persons with whom he had resorted The Commissioners offending at his obstinacy and meaning to extort a confession from him advised to keep him some nights from sleep and this indeed wrought somewhat with him so as he began to discover certain particulars but how soon he was permitted to take any rest he denied all and was as obstinate in denying as at first His Majesty being certified that without torture nothing would be drawn from him made answer That he would not have those forms used with men of his profession and if nothing could be found but that he was a Iesuit and had said Mass they should banish him the Countrey and inhibâ—t him to return without licence under pain of death Bâ—t if it should appear that he had been a practiser for the stirring up of subjects to Rebellion or did maintain the Popes transcendent power over Kings and refusâ—d to take the Oath of Allegeance they should leave him to the course of law and justice mean while his pleasure was that the questions following should be moved unto him and his answers there to required 1 Whether the Pope be Judge and hath power in spiritualibus in over his Majesty and whether that power will reach over his Majesty in tempor alibus if it be in ordine ad spiritualia as Bellarmine affirmeth 2 Whether the Pope hath power to excommunicate Kings especially such as are not of his Church as his Majesty 3 Whether the Pope hath power to depose Kings by him excommunicated and in particular whether he hath power to depose the Kings Majesty 4 Whether it be no murther to slay his Majesty being so excommunicated and deposed by the Pope 5 Whether the Pope hath power to assoile subjects from the oath of their born and native allegeance to his Majesty These Questions were sent inclosed in a Letter to the Archbishop of Glasgow who assuming to himself the Provost of the City the Principall of the Colledge and one of the Ministers as Witnesses did in their hearing read the Questions and receive his Answer which he gave under his hand as followeth I acknowledge the Pope of Rome to be Iudge unto his Majesty and to have power over him in spiritualibus and over all Christian Kings But where it is askt whether that power will reach over him in temporalibus I am not obliged to declare my opinion therein except to him that is Iudge in Controversies of Religion to wit the Pope or one having authority from him For the second point I think that the Pope hath power to excommunicate the King and where it is said that the King is not of the Popes Church I answer that all who are baptized are under the Popes power To the third where it is askt if the Pope hath power to depose the King being excommunicate I say that I am not tied to declare my minde except to him that is Iudge in controversies of Religion To the fourth and fifth I answer ut supra Being reasoned with a long time and the danger exponed wherein he did cast himself by maintaining such treasonable opinions he answered That he would not change his minde for any danger that could befall him and speaking of the Oath of Allegeance that it was a damnable Oath and treason against God to swear it Some daies being allowed him to bethink himself better of these points When as no advice could prevail and answers were sent to his Majesty subscribed by himself and therewith a testification of such as were present at the giving thereof Hereupon the Councell was commanded to passe a Commission to the Provost and Bayliffs of Glasgow for putting him to a triall there were assisting Iames Marquis of Hamilton Robert Earl of Lothian William Lord Sanqhar Iohn Lord Fleming and Robert Lord Boyd Some daies before he was brought to the Barre it was told him That he was not to be charged with saying of Masse nor anything that concerned his profession but only with the Answers made to the Questions proponed which if he should recall there being yet place to repentance the triall should be suspended till his Majesty were of new advertised His reply was That he did so little minde to recall any thing he had spoken as when he should be brought to his answer he should put a bonnet on it And this indeed he performed for when he was placed on pannell and the Indictment read which was grounded all upon the Acts of Parliament made against those that declined his Majesties authority or maintained any other Jurisdiction within the Realm and upon answer made to the above-written demands subscribed with his hand he brake forth in these speeches Under protestation that I doe no way acknowledge this judgment nor receive you that are named in that Commission for my Judges I deny any point laid against me to be treason for if it were treason it would be such in all places and all Kingdomes which you know not to be so As to your Acts of Parliament they were made by a number of partiall men and of matters not subject to their forum or judicatory for which I will not give a rotten figge And where I am said to be an enemy to the Kings authority I know not what authority he hath but what he received from his predecessors who acknowledged the Pope of Rome his jurisdiction If the King will be to me as his predecessors were to mine I will obey and acknowledge him for my King but if he doe otherwise and play the runnagate from God as he and you all doe I will not acknowledge him more then this old hat At these words being interrupted and commanded to speak more reverently of his Majesty he said That he should take the advertisement and not offend but the judgment he would not acknowledge And for the reverence I doe you to stand uncovered I let you know it is ad redemptionem vexationis not ad agnitionem Iudicii The persons cited upon the Jury being then called and he desired to shew if he would except against them said That he had but one exception against them all which was that either they were enemies to his cause or friends if enemies they could not sit upon his triall and if friends they ought to assist him at the Bar. Only he should wish the Gentlemen to consider well what they did and that he could not be judged by them That whatsoever he suffered was by way of injury and not of judgement and that he was accused of treason but had not committed any offence nor could he beg mercy And proceeding in this strain I am said he a subject as free as the King is a King I came by commandement of my Superior into this kingdome and if I were even now forth of it
gentleman had travelled in Germany and falling in familiarity with Martin Luther Philip Melanchthon Francis Lamberd and other learned men was by them instructed in the knowledge of true Religion in the profession whereof he was so zealous as he was resolved to come back into his countrey and communicate the light he had received unto others At his return wheresoever he came he spared not to lay open the corruptions of the Romane Church and to shew the errours crept into Christian Religion whereunto many gave eare and a great following he had both for his learning and courteous behaviour to all sorts of people The Clergy grudging at this under colour of conference enticed him to the city of S. Andrews and when he came thither appointed Frier Alexander Campbel to keep company with him and to use the best perswasions he could to divert him from his opinions Sundry conferences they had wherein the Frier acknowledging that many things in the Church did need to be reformed and applauding his judgement in most of the points his minde was rather confirmed then in any sort weakened Thus having stayed some few dayes in the city whilest he suspected no violence to be used under night he was apprehended being in bed and carried prisoner to the Castle the next day he was presented before the Bishop accused for maintaining the Articles following 1. That the corruption of sin remains in children after their Baptism 2. That no man by the power of his free will can do any good 3. That no man is without sin so long as he liveth 4. That every true Christian may know himself to be in the state of grace 5. That a man is not justified by works but by faith onely 6. That good works make not a good man but that a good man doeth good works and that an ill man doeth ill works yet the same ill works truly repented make not an ill man 7. That Faith Hope and Charity are so linked together that he who hath one of them hath all and he that lacketh one lacketh all 8. That God is the cause of sin in this sense that he withdraweth his grace from man and grace withdrawn he cannot but sin 9. That it is a devillish Doctrine to teach that by any actuall penance remission of sin is purchased 10. That auricular Confession is not necessary to salvation 11. That there is no Purgatory 12. That the holy Patriarchs were in heaven before Christs Passion 13. That the Pope is Antichrist and that every Priest hath as much power as the Pope Being desired to expresse his minde touching these Articles he said That he held the first seven to be undoubtedly true whereunto he offered to set his hand the rest he said were disputable points but such as he could not condemne unlesse he saw better reasons then yet he had heard After some conference kept with him on each Article the whole were remitted to the judgement of the Theologues There met to this effect Master Hugh Spence Provost of S. Salvators Colledge Master Iames Waddall Parson of Flisk and Rector of the University Master Iames Simson Officiall of S. Andrews Master Thomas Ramsay professour of the holy Scriptures Master Iohn Grison Theologue and Provinciall of the Black Friers Iohn Tillidaff Warden of the Gray Friers Master Martine Balfoure and Master Iohn Spence Lawyers Sir Alexander Young Batchelar of Divinity Sir Iohn Annand Chanon of of S. Andrews Frier Alexander Campbell Prior of the Black Friers and Master Robert Bannerman Regent of the Pedagogy These men within a day or two presented their Censure of the Articles judging them all Hereticall and contrary to the faith of the Church This subscribed with all their hands and delivered to the Bishop in a solemne meeting kept in the Cathedrall Church the first of March 1527. sentence was pronounced against the young Gentleman declaring him an Heretick and giving him over in the hands of the secular power to suffer punishment due to Heresie There assisted the Bishop in that meeting Gawine Archbishop of Glasgow George Bishop of Dunkeld Iohn Bishop of Brichen and William Bishop of Dumblane Patrick Prior of S. Andrews David Abbot of Aberbrothock George Abbot of Dumfermling Alexander Abbot of Cambuskenneth Henry Abbot of Lundors and Iohn Prior of Pettenweem the Dean Subdean and Thesaurer of the Church of Glasgow with the Rectors of Stobo Areskin Carstares Goven and Glasgow All which set their hands to the sentence and to give it the greater authority whosoever were of any estimation in the University were made to subscrive the same amongst whom was the Earl of Cassels a child of thirteen years old The same day for the execution was hastened lest the King who was gone at that time in Pilgrimage to S. Duthak in Rosse should impede the proceeding he was condemned by the secular Judge and in the afternoon led to the place of his suffering which was appointed to be at the gate of S. Salvators Colledge Being come to the place he put off his Gown and gave it with his Bonnet Coat and other apparell to his servant saying This stuffe will not help in the fire yet will doe thee some good I have no more to leave thee but the ensample of my death which I pray thee keep in minde For albeit the same be bitter and painfull in mans judgement yet is it the entrance to everlasting life which none can inherit that denieth Christ before this congregation Then was he tied to the stake about it a great quantity of coal wood and other combustible matter was heaped whereof he seemed to have no fear but seriously commending his soul into the hands of God held his eyes fixed towards the heavens The Executioner firing the powder that was laid to kindle the wood his lest hand and the side of his face was a little scorched therewith yet the fire did not kindle Whereupon some were sent to the Castle to bring more powder whilest this was bringing he uttered divers comfortable speeches to them that stood by The Friers all that time molesting him with their cries bidding him convert pray to our Lady and say Salve Regina amongst them none was more troublesome then Frier Alexander Campbell who as we said kept company with him at his first coming to the City often he besought him to depart and not to vex him but when he would not cease his crying he said Wicked man thou knowest I am not an heretick and that it is the truth of God for which I now suffer so much thou diddest confesse unto me in private and thereupon I appeal thee to answer before the Iudgement seat of Christ. The powder by this time was brought and the fire kindled after which with a loud voice he was heard to say How long O Lord shall darknesse oppresse this Realm how long wilt thou suffer this tyranny of men and then closed his speeches with these words
the Vicaridge pensionary of little Dunkeld afterwards dying the 27. day of Iune Anno 1338. he was buried in the Quire of Dunkeld in a marble Tombe by himselfe erected 17. The same year one Duncan an English man born was consecrated Bishop he set in few the lands of Fordel to Walter Fotheringham at the desire of Edward Baliol and died in the year 1364. after he had sate 26. years 18. To him succeeded Michael of Monimuske Chamberlain of Scotland he died the first of March 1376. and was buried in the Quire of Dunkeld 19. After him Mr. Iohn Peblis Chancellour to King David Bruce came to the place a man learned and of great authority he sate 20. years in the See 20. In the year 1396. Robert Carden son to Iohn Carden of that ilk was consecrated Bishop and governed the See the space of 40. years He did many good things in his time to his Church building and inlarging it at his own charge and acquired thereunto divers lands as the town of Crawmond with the lands adjoyning for which he gave in excambion the lands of Cambo in the same Parish and the lands of Muchler besides Dunkeld He died the 16. of Ianuary 1436. and was buried hononrably in S. Ninians Chappel of Dunkeld which himself had built 21. To him succeeded Donald Macknachtan Dean of Dunkeld Doctor of the Common law and Nephew to Bishop Robert his predecessour he was elected by the Chapter but King Iames the first misliking the choice opposed his entry whereupon he took journey to Rome to obtain his election confirmed and died by the way as he was travelling thither 22. Iames Kennedy Nephew to King Iames the first by his sister was then preferred to the See two years he sate Bishop in Dunkeld and was afterwards translated to S. Andrews as before we have shewed 23. Upon his translation Mr. Alexander Lawder Parson of Rothow and brother germane to the Bishop of Glasgow then Chancellour of the kingdome was elected Bishop but he died the same year which was the year 1440. at Edinburgh and was buried with his Ancestors in the Church of Lawder 24. Mr. Iames Bruce Parson of Killmeny was after him consecrated Bishop of Dunkeld at Dunfermlin the fourth of February in the year of Christ 1441. and sate Bishop the space of 6. years In the seventh year he was translated to the Bishoprick of Glasgow and made Chancellour of the kingdome 25. To him succeeded Mr. Iohn Ralston he was Secretary to King Iames the second and sate Bishop little above three years dying in Dunkeld in the year 1450. where he was buried 26. Master Thomas Lawder Preceptor or Master of Lowtrey who had been Tutour to Kings Iames the second in his youth at the age of 60. years was elected Bishop after Ralston by the Kings recommendation he took great paines in preaching and by his continual exhortations and exemplary life wonne that unruly people to the obedience of God and the King Having finished the building of the Church he dedicated the same in the year 1454. and adorned it in most magnificent manner He obtained of the King an erection of the Bishops lands on the North side of Forth into a Barony called the Barony of Dunkeld as likewise the lands in the South into another which was called the Barony of Aberlady built a Bridge upon the River of Tay nigh to his own Palace founded a number of Chaplanries and Prebends partly in Edinburgh partly in Dunkeld made purchase of two lodgings one in Edinburgh and another at Perth for the receipt of his succescessours and having done many good works resigned his Bishoprick because of his great age to Master Iames Levinston Dean of Dunkeld 27. This resignation was crossed a while by Thomas Spence Bishop of Aberdene whose credit in the Court was great at that time but upon transaction amongst themselves the Kings consent was obtained and he consecrated at Dunkeld by Iohn Hepburn Bishop of Dumblaine Iohn Balfour Bishop of Brichen and the said Thomas Spence in the year 1476. He sate seven years two moneths and five dayes and dying at Edinburgh was buried in the Isle of Inchcolme 28. The Chapter after Levingstones decease made choice of Alexander Inglis Dean of Dunkeld and Keeper of the Rolls in the time of King Iames the third but Pope Sextus the fourth cassing his election gave the Bishoprick to George Brown Chancellour of Aberdene who was then at Rome and consecrated him Bishop in Saint Iames Church Anno 1484. The King displeased with this promotion declared him rebel and complained thereof to the Pope and Cardinals but the Pope maintaining his own gift the King was afterwards reconciled to him and he peaceably possessed in the Bishopricks This Bishop was a strict observer of discipline and by his austere and rigorous formes wrought a great reformation in all the parts of his Dioces which he distributed in four Deanries placing one in the Borders of Atholl and Drumalbane another in Fife Fothrick and Strathern the third in Angus and the fourth in the parts besouth Forth The penalties of offenders he gave to the use of the Church where they resided saying commonly Oleum peccatorum non impinguet caput meum He was a man given much to hospitality and withall very careful of the Church for he recovered to the See the lands of Fordel and Muckarsie with the Forest of Birnan that had been alienated before his time founded divers Prebends and Chaplanries and gave many ornaments to the Cathedral Church Before his death he was tormented with the Felt gravel which he bare most patiently professing that he was glad to endure those pains as serving to wean his heart and affection from the love of this world and so departed this life most happily the twelfth of Ianuary 1514. 29. Andrew Stewart brother to Iohn Earl of Athol was upon his death postulated Bishop but it took no effect Master Gawan Douglas brother to the Earl of Angus and Provost of Saint Giles in Edinburgh being preferred thereto by Pope Leo the tenth This gift was quarrelled by the Duke of Albany Governour and the Bishop called in question for his traficking with Rome without licence whereupon he was committed and continued prisoner a whole year Afterwards compounding with Andrew Stewart to whom he gave the Churches of Alight and Cargill he got peaceable possession of the See yet the troubles that followed in the countrey made him forsake the same and undertake a journey to Rome In his way thither he died of the plague at London in Savoy house in the year 1522. A man learned wise and given to all vertue and goodnesse some monuments of his engenie he left in Scottish meeter which are greatly esteemed especially his translation of Virgil his books of AEneids 30. George Creighton succeeded a man nobly disposed and a great house-keeper but in matters of his calling not very skilled In the question of Religion which was in his time severely
who formerly had given it to others The first thing they moved in the Articles was a supplication of the Barons Gentlemen Burgesses and other subjects concerning religion wherein three things were petitioned First that the Doctrine of the Romane Church professed and tyrannously maintained by the Clergy should be condemned and by Act of Parliament abolished Some particulars they named such as the Doctrine of Transubstantiation the adoration of Christs body under the form of bread the merit of works Papisticall Indulgences Purgatory Pilgrimage and praying to Saints departed These they reckoned to be pestilent errours such as could not but bring damnation to the souls of those who were therewith infected therefore desired a punishment to be appointed for the teachers and maintainers of such Doctrines Next that a remedy should be found against the profaning of the holy Sacraments by men of that profession and the true Discipline of the ancient Church revived and restored Thirdly that the Pope of Rome his usurped authority should be discharged and the patrimony of the Church imployed to the sustentation of the Ministery the provision of Schools and intertainment of the poore of a long time neglected This last clause was not very pleasing to divers of the Nobility who though they liked well to have the Pope his authority and doctrine condemned had no will to quit the Church Patrimony wherewith in that stirring time they had possessed themselves So making no answer to the last point the Ministers were desired to draw into severall heads the summe of the Doctrine they craved to be established that the same might be seen and considered by the Parliament This accordingly was done and the fourth day after which was the 17. of August exhibited to the Estates under this title The confession of the Faith and Doctrine believed and professed by the Protestants of Scotland It is the same confession word by word that you have registred in the first Parliament of King Iames the sixth which that the story may on with an uninterrupted delivery I thought not needfull here to insert The Confession read in open Parliament and put to voyces the Earle of Atholl the Lords Sommervill and Bothwick onely of all the temporall Estate disassented saying They would believe as their fathers before them had believed The Popish Prelats were silent and answered nothing whereupon the Earle Marshall brake forth into these speeches It is long since I carried some favour unto the truth and was somewhat jealous of the Romane religion but this day hath fully resolved me of the truth of the one and falshood of the other for seeing my Lords the Bishops who by their learning can and for the zeal they should have to the truth would as I suppose gainsay any thing repugnant unto it say nothing against the confession we have heard I cannot think but it is the very truth of God and the contrary of it false and deceiveable doctrine Thus was the confession of Faith approved and by publick voices of the Estates authorized At the same time there passed three other Acts in favour of the Professors one for abolishing the Popes Jurisdiction and authority within the Realm a second annulling all Statutes made in preceding times for maintenance of idolatry and a third for punishment of the sayers and hearers of Mass. With these Acts Sr. Iames Sandelands Knight of the Rhodes a Gentleman of good account who had carried himself as neuter in all these broiles was directed to France for obtaining a ratification of the same from the Queen and the King her husband and therewith was desired to clear the Noblemen and other Subjects from imputations of disloyalty cast upon them and to pacifie the mindes of their Soveraignes whom they understood to be much exasperated by all the good wayes he could use But he found his Ambassage and himself both contemned the Guisians who were the onely men then in account with the King checking him bitterly at his first audience for that he being a Knight of the holy Order should have taken a Commission from Rebells to sollicite a ratification of execrable Heresies The Gentleman did what he could to mitigate their wrath but nothing could avail So was he dismissed without answer whereof the Archbishop of Glasgow the Abbat of Dunfermlin and the Lord Seaton 〈◊〉 from Leth with the company of French were generally blamed The cold entertainment he found in that Court was soon advertised which troubled greatly the 〈◊〉 of the Professors for they were sensible of their own weakness and 〈…〉 from England if France should again invade because of the loss the 〈…〉 received in the late expedition neither had the Earl of Morton and Glencarn who upon the breaking up of the Parliament were sent into England to render thanks to the Queen and to intreat the continuance of her favour given any advertisement of their acceptance But whilest they stood thus fearfull newes was brought of the French Kings death which raised their hearts not a little neither were they more glad then the French faction were sorrowfull These meeting in the most secret manner they could took counsell to send Mr. Iohn Lesley afterwards Bishop of Rosse with letters to the Queen intreating her to return into Scotland withall to shew her that the best course she could take was to land at Aberdene where she should be honourably received and find such assistance of the Noblemen in these quarters as at her first coming she might re-establish the Catholick Religion he was also desired to warn the Queen not to give ear to the counsels of her brother who as they said was of an aspiring minde and aimed at no less then the Government of the Realm whom she should do wisely to cause be detained in France till matters at home were fully settled The letter he carried was subscribed by the Archbishop of Saint Andrewes the Bishops of Aberdene Murray and Rosse the Earles of Huntly Craford Athol Sutherland and Cathnesse On the other side the Noblemen that had assisted the expulsion of the French how soon they heard of the death of King Francis convened at Edinburgh and after counsell taken directed Lord Iames to the Queen to perswade her in like manner to return But Lesly using greater diligence came to her some dayes before him and finding her at Vitrie in Champaigne wthier she was gone to seek a secret place for her sorrow delivered the letters and credit he was trusted with The Queen hearing all answered that the Prelats and Noblemen by whom he was imployed should rest assured of her favour willing him to advertise so much and to attend till she could resolve upon her return Incontinent after Leslies coming the Queens uncles did enter in deliberation what course was best for her to take and whether or not she should return to Scotland for they conceived the passage by Sea would be dangerous she not being assured of the Queen
a prisoner deceive his keepers Concerning the intelligence he kept with forain Princes for the entertaining of civil peace that he did not think the Assembly would disallow it seeing diversity of Religion made not leagues of friendship unlawful And that they should meddle with the choice of his servants he held it strange This he hoped they would remit to himself and not to be too curious in examining the occasions of their placing or displacing And where they complained that since his accepting of the government the liberties of the Church had been refringed he said that since that time more good and profitable lawes had been made for the advancement of true Religion then ever before and if any thing lacked in the execution the fault was not his For that which concerned the Church rents he answered that those things must be helped in Parliament and that he should assist the reformation thereof at his power As for the punishment of the abominations mentioned that the fault could not be imputed to him sith he was willing to give Commission to such as the Ministers should judge most fit for the execution of lawes And for Ecclesiastical Acts which his authority was said to impede he knew none of late onely he had stayed the remove of Mr. Alexander Arbuthnet from the Colledge of Aberdene to be Minister of S. Andrews which being rightly considered would not be found prejudicial to the Church nor impertinent for him to deal in Lastly for the murmur of people perverting of lawes and difference amongst the Nobility his Majesty said that he was ready to hearken to any good advice for reformation of that which should be found amisse The answers all most reasonable and proceeding from the King ought to have been well taken but the discontent they had received for the late change in Court made every thing distasteful and still the displeasure betwixt the King and Church did grow as we shall hear In the beginning of November Lodowick eldest son to the late Duke of Lennox arrived at Leth and was conveyed by the Earls of Huntley Crawford and Montross to the King who lay then at Kinneill Soon after the advertisement of the Noblemans death the King had sent the Master of Gray into France to bring home all his children But Lodowick excepted who then was 13. years of age the rest were young and not able to indure so long a journey The King receiving him with great expressions of love did presently invest him in his Fathers lands and honours committing the trust of his affairs to the Earl of Montrosse till he should grow up to maturity for his education in letters Mr. Gilbert Moncreef the King his principal Physician was appointed to attend him a man wise and of good learning Some years after two of his sisters were brought into the countrey Henrietta the eldest was married to George Earl of Huntley Mary the younger of the two to Iohn Earl of Marre to the third the King had provided an honourable match but she having vowed her self to God would not be wonne from the Cloyster by any perswasion a younger son came to the King after he went into England and was by him advanced to great honours Thus the untimely losse of their Father did turn to the childrens benefit by the constant and unmatchable kindness of a loving King In the countrey matters grew daily more and more troubled Those that disobeyed the charges given them for entering in Ward pretended the time assigned for their entry to have been so short and the distance of the place so great as there was no possibility in them to obey yet under hand they were still seeking to strengthen themselves and associate others to be of their faction To take from them this pretext the first of December was allowed them for their entring in Ward and so many as should find surety to obey had favour promised them The Laird of Braid Colluthy Mr. David Lindesay and Mr. Andrew Hay were licenced also to conferre with them and with all that had any part in the attempt of Ruthven for informing them of his Majesties gracious inclination towards all of that number who should acknowledge their offence and live obedient and peaceably from thenceforth But little or nothing was wrought this way whereupon the King took purpose to convene the Estates this 17th of December and having exponed his whole proceeding in that business an Act was passed by an universal consent of this tenour Albeit the late surprise and restraint of our person perpetrated in August bygone a year was a crime of laesae Majestatis hainous in it self of dangerous sequel and most pernicious example meriting the more severe punishment because the committers thereof for the most part besides the allegiance and common duty of subjects were specially bound to us by particular favours and benefits bestowed on them yet out of our natural disposition to clemency we resolved to reduce them by all gentle means to their duties and not only forbare to use them with rigour but made offer of pardon and mercy to such as would acknowledge their offence and continue thereafter in a dutiful obedience satisfying our selves with that moderate declaration which tended not in any sort to their detriment and prorogating days and moneths to see what they could perform Hereof we gave our promise to the Queen of England which was certified to them by divers and of late by certain Ministers and well disposed Gentlemen whom we licenced to conferre with them for perswading them of our sincere meaning behaving our selves in all this as a kind Father that seeketh to recover his children and not as a Prince that respected his estate But our lenity not having produced the effects which were wished we took counsel to assemble our Estates and make them witnesses of our clemency whatsoever might happen to their persons hereafter and now by their advice we have determined to prosecute with all rigour such of that number as shall continue in their disobedience and shall not embrace the offers of pardon made unto them In the execution whereof our Nobility and Estates convened have solemnly promised their assistance and for the greater authority both We and our said Estates have subscribed this Act with our hands Further by their advice We have ordained and ordain the Act of Councel past in October 1582. touching the attempt at Ruthven to be delete forth of the Books inhibiting all and sundry of whatsoever estate quality and degree to allow by word writing or otherwise the foresaid fact which We being now at liberty and our Estates have so publickly condemned This Act made the Earl of Rothes protested that his subscription to the Act in October 1582. approving the attempt of Ruthven for good service should not be laid to his charge seeing he did the same unwillingly and by his Majesties special command and direction like as soon after the
thereof sent his natural brother Robert Maxwel to intercept the two Captains ere they should joyn with Iohnston They encountering in the Moore of Crawford after a sharp conflict the Captains were defeated Lamby and most of his company killed and Cranston with divers others taken prisoners Iohnston left he should be thought to do nothing did then make incursions upon Maxwels lands raising fire and carrying away great spoyle which Maxwel repayed with the burning of the house of Lockwood and the slaughter of some of Iohnstons in Annandale And thus did they make warre one against another till it happened that Iohnston in a certain conflict was taken by Maxwel and made prisoner The grief of this overthrow gave Iohnston shortly after he was liberated his death but the wrath of the Court still continuing a convention of the Estates was called to suppresse Maxwel and a Subsidy granted of 20000. pounds for levying of souldiers to pursue him Thereafter all that could bear Armes dwelling on the South of Forth were commanded to be in readinesse for attending the King in an expedition that he intended towards these parts But the plague breaking out in Edinburgh did rage so vehemently all that summer as nothing could be done so the expedition was put off for certain moneths Mean while there fell out an accident which did quite alienate the Queen of Englands favour from Arran Sir Iohn Forrester and Thomas Kar of Farnherst Wardens of the middle Marches being met for restoring some goods taken from the English a tumult fell out wherein Sir Francis Russel sonne to the Earl of Bedford was killed this was laid upon Farnherst and he said to have done it by Arrans instigation for they two were at that time in great friendship And when the Queen did require Farnherst to be delivered Arran did strongly oppose it yet the King for her satisfaction did confine them both the one in S. Andrews and the other in Aberdene Arran after a little time was relieved to his house at Kinneil the other contracting sickness kept bed a long space and as was thought died of displeasure at Aberdene A man he was of an haughty spirit and had endured much trouble in the service of the Kings mother which he esteemed should have made him better respected then as he conceived he was Shortly after this accident Sir Edward Wotton was imployed in an Ambassage from England for contracting a league offensive and defensive with the King in the cause of Religion For then came that holy league as they called it to be discovered which the Pope the Spanish King the Guises and others had made to extirpate the Reformed Religion The Queen of England understanding her self to be principally aimed at found nothing better then to make a counter-league with the Princes reformed and to that effect sent Sir Thomas Bodley to treat with the King of Denmark and the Protestant princes in Germany and at the same time imployed Sir Edward Wotton towards the King The motion did so please him as presently he called the Estates at S. Andrews and having in a long and pithy speech expressed the dangers threatened to Religion with the necessity that the reformed Princes had to unite themselves strongly together procured the act following to be concluded We the Nobility and Estates presently convened understanding that divers Princes and Potentates who term themselves Catholicks have joyned under the Popes authority in a most unchristian confederacy against the true Religion and Professors thereof with full intent to prosecute their wicked resolution not only within their own estates and dominions but likewise in other Kingdomes where they can pretend no lawful power nor authority A purpose long since projected and hitherto cunningly carried but now openly manifested and in divers parts begun to be executed with hard and cruel effects And considering withall how it hath pleased God to blesse this Realm with the sincerity of the Gospel the defence whereof is the most just and lawful cause that Christians can maintain we have thought it requisite not only to unite our selves and joyn the whole forces which God hath granted us under our most religious and Christian Soveraign for the better assurance of our own estates and the more peaceable enjoying of so great a benefit but aâ—so for withstanding the dangerous course intended against all the professors of the truth we have judged it needful that a general League and Christian confederacy of Princes and States professing the true Religion should be opposed to the ungodly confederacy of the enemies thereof especially that the two Crowns of Scotland and England which nature blood habitation and the profession of one Religion hath joyned may be unseparably united by a more firm and strict League then hath been betwixt any Princes their Progenitors in times past for which effect we under subscribing for our selves and in name and behalf of the whole Estates of this Realm whose body in this convention we represent have given and granted like as we by the tenour hereof do give and grant to our Soveraign Lord King James the sixth his Council or such of them as his Majesty shall please to nominate our full power priviledge assent and authority whatsoever competent to us and to the three Estates of this Realm to treat or cause to treat conferre transact and conclude a Christian league betwixt his Majesty and his Highness dearest sister and Cousen the Queen of England and to nominate and appoint Commissioners for that purpose who shall meet at such time and place as his Highness shall agree upon with the Commissioners to be directed from his said dearest sister the nomination and election of whom we have remitted and do humbly remit to our dread Soveraign Lord faithfully promising for us and in behalf foresaid to ratify approve and confirm in the first Parliament whatsoever thing his Majesty shall agree unto or his Highnesse Commissioners in his name shall contract indent subscribe or seal concerning the said league with all heads clauses and Articles thereof which we do and have the more willingly done because of the trust we repose in his Majesties wisdom circumspection earnest zeal to maintain the truth of God against all that shall happen to attempt anything to the contrary providing alwayes that the league do not infringe or prejudge in any sort any former alliances and leagues betwixt this Realm and any other ancient friends and confederates thereof except only in matter of Religion concerning which we do fully consent that the said league be made offensive and defensive avowing and by our solemn oaths swearing neither to spare life lands houses goods nor whatsoever it hath pleased God to grant unto us in defence and maintenance thereof This Act was past on the last of Iuly with a great consent and was subscribed by the Archbishops of S. Andrews and Glasgow the Bishop of Dunkeld the Commendators of Culross Balmerinoch Driburgh
delation only it served to discover the falshood of the suborner In December following a Parliament was held at Linlithgow for ratifying the peace and abolishing the memory of things past In this meeting the Ministers who returned in company of the Lords did earnestly urge the repealing of the Acts concluded the year preceding against their discipline which the King did utterly refuse ordaining that none should either publickly declare or privately speak or write in reproach of his Majesties person estate or government as is to be seen in the first Act of the parliament The Ministers offending greatly therewith especially with the Lords who had promised to see these Statutes repealed stirred up one Mr. William Watson in his preaching before the King to complain of the neglect that was made of the Church and condemn the acts above mentioned This young man the Bishop of S. Andrews had placed in Edinburgh after the departing of the Ministers of England and he to this time had carried himself very orderly but now either fearing that his admission by the Bishop should be questioned or to insinuate himself this way in the favours of the Ministers who he thought would rule all matters of Church as they pleased he took the boldnesse to reprove the King to his face This his unseasonable and insolent doing was by all wisemen condemned and he therefore committed to the Castle of Blacknesse Notthelesse another of the same humour called Iames Gibson Minister at that time at Pencaitland usurping the Pulpit at Edinburgh where the sicknesse was somewhat relented fell out in the like impertinent railing saying That Captain James with his Lady Jesabel and William Stewart meaning the Colonel were taken to be the persecutors of the Church but that now it was seen to be the King himself against whom he denounced the curse that fell on Jeroboam That he should die childless and be the last of his race This man called before the Councel confessed the speeches and proudly maintained the same for which he was likewise committed Watson upon promise to amend and behave himself more dutifully was suffered to return to his charge but the businesse with the other lasted to a longer time as we will afterwards hear A few days before this Parliament deceased Mr. Iohn Spottiswood Superintendant of Lothian a sonne of the house of Spottiswood in the Mers within the Barony of Gordon of which Surname it seems his first progenitors were by the armes they have common with the Gordons his Father was killed at Floudon in the unfortunate battel wherein King Iames the fourth died and he left an Orphane of four years old When he was come to some years his friends put him to Schoole in Glasgow where he took the degree of a Master of Arts and having a purpose to study Divinity which he most affected was wholly diverted from following the same by the perfecutions he saw used against those they called hereticks So leaving the countrey he went into England and there falling in familiarity with Archbishop Cranmer was by his means brought to the knowledge of the truth Soon after the death of King Iames the fifth he returned to Scotland and stayed a long time with Alexander Earl of Glencarne who was known to be affected that way In his company he came to be acquainted with Matthew Earl of Lennox and was by him imployed towards Henry the eighth at the time that France did cast him off by the Cardinals dealing as we touched before Matters succeeding to the Earl of Lennox his mind and he setled in England he remained with him some moneths after which longing to visit his friends he returned and being known to Sir Iames Sandylands of Calder a man of great authority in those times he was by him allowed to accept the Parsonage of Calder which fell then void And living sometimes with him sometimes with the Prior of S. Andrews in whose company he went to France at the time of the Queens marriage he made no great stay in any one place till the work of reformation began at which time he took himself to reside in Calder and was how soon those troubles ended chosen Superintendent of the Churches of Lothian Mers and Tiviotdale which by the space of 20. years he governed most wisely his care in teaching planting of Churches reducing people and persons of all sorts into the right way was great and so successful as within the bounds of his charge none was found refractary from the Religion professed In his last days when he saw the Ministers take such liberty as they did and heard of the disorders raised in the Church through that confused parity which men laboured to introduce as likewise the irritations the King received by a sort of foolish Preachers he lamented extremely the case of the Church to those that came to visit him who were not a few and of the better sort he continually foretold That the Ministers by their follies would bring Religion in hazard and as he feared provoke the King to forsake the truth Therefore wished some to be placed in authority over them to keep them in awe for the doctrine said he we profess is good but the old policy was undoubtedly the better God is my witness I lie not And that these were his ordinary speeches some two years before his death many then alive could witnesse He was a man well esteemed for his piety and wisdome loving and beloved of all persons charitable to the poor and careful above all things to give no man offence His happy life was crowned with a blessed death which happened the 5. of December 1585. in the 76. year of his age But to turn to the history the King having setled with the Noblemen was very desirous to be at rest with the Church and for that effect called some of the principal Ministers to a conference wherein certain Articles were agreed for the better ordering of the Ecclesiastical affairs the full determination thereof being remitted to the general Assembly of the Church which was appointed to meet at Edinburgh the tenth of May following In the mean time Maxwel puffed up with the victory at Striveling the praise whereof he ascrived wholly to himself grew so insolent as that the next Christmas taking with him a company of lewd and dissolute persons he went in procession from Dumfreis to the Colledge Church of Lincluden and caused a Masse to be said complaint being made to the King he was brought before the Councel and committed to the Castle of Edinburgh where he remained some moneths This gave occasion to the Proclamations which followed against Priests Jesuits and traffiquing Papists who were all commanded to leave the countrey before a certain day under pain of death Whilest these things were a doing Mr. Andrew Melvil to be revenged of Saint Andrews who had devised as he imagined the Acts made in the parliament 1584. and penned the
promising how soon the forfeiture was past to follow forth the same Onely at the 7. he tooke exception where it was desired that the subjects should put themselves in armes upon urgent â—ccasions for he had not as yet forgotten the stirs of the year preceding and would have none to arm but upon his own warrant Withall he sent Sir Robert Melvill and Alexander Hume of North Berwick with certain instructions to the Assembly whereof one was That they should inhibit the Ministers to utter any irreverent speeches in Pulpit against his Majesties person Councell or Estate under pain of deprivation and because one of their number called Iohn Rosse had in a Sermon preached before the Synod of Perth uttered divers treasonable and irreverent speeches of his Majesty it was craved that they should censure him as his fault had deserved Another was That they should excommunicate Mr. Andrew Hunter for the scandall he had brought upon their profession he being the first open Traitor of their function against a Christian King of their own Religion and their naturall Soveraign A third instruction was That by Act of Assembly Ministers should be ordained to disswade both by publick and private exhortation their flocks from concurring with Bothwell in his treasonable attempts or any other that should make insurrection against the authority established by God in his Majesties person The last was assented unto and an Act made thereof but the censure of the Minister Rosse was carried more slightly and he onely admonished to speak in time coming so reverently and discreetly of his Majesty as there might be no just cause of complaint against him Hunter was deposed from the Ministery as a desertor of his flock and one suspected to have joyned himself with the Kings rebells but the excommunication was not pronounced The Parliament did hold at the time appointed yet because the Noblemen convened slowly 3 or 4. dayes were spent without doing any thing In end when by the excuses that divers made a greater number was not expected they that were present assembled in the Parliament house and keeping the form accustomed made choice of a number for the Articles of Noblemen there were three Earls and six Lords onely present Beginning was made at the summons of forfeiture the Letters and blanks intercepted with Mr. George Ker presented and the hand-writs cognosced by witnesses Some question there was about the Blancks and that which should have been insert in them but the presumptions were so clear as none would doubt what the subject should have been Yet the Noblemen urged a delay of the triall to a more full convention which the King would not admit knowing what misinterpretings that would make and so by pluralities of voices the crimes of Treason were found to be sufficiently proved and the sentence of forfeiture pronounced against the three Earls and Achindown their Scutcheons of Arms as the manner is torn by Herauld and they declared to have lost their honours lands and estates for treasonable practises against the King and their Native Countrey In this Parliament divers Statutes were concluded some in favours of the Church and others very beneficiall to the Countrey as the Stature made for punishment of theft robbery and oppression another against usury and a third against buying of Pleas by Judges and other members of the Court of Justice The next moneth passed in receiving the Ambassadors that came to assist the Baptisme which in the latter end of August next was performed with great solemnity from England the Earl of Sussex was sent the King of Denmark the Duke of Brunswick Megelbrugh with the Estates of the united Provinces had their Ambassadours present But from the French King there came not any though they also were expected at the day appointed for the solemnity The Prince was brought from his own chamber to the Queens Chamber of presence and laid in a bed dressed in a most stately form the Ambassadours entered into the Chamber the Countess of Marre accompanied with a number of Ladies took up the Prince and delivered him to the Duke of Lennox who presented him to the Ambassadors Sussex as having the first place received him and carried him in his arms to the Chappell the rest marching in their ranks and followed by the Ladies of honour the Mistresse nurse and others of inferiour note Before them went the Lord Hume carrying the Ducall Crown the Lord Levingston carried the Towell or Napkin the Lord Seaton the Bason and the Lord Semple the Laver. Above the English Ambassadour there was a Pale or Canabie born by the Laird of Cesford Buclerogh Duddope and Traquier The Princes train was sustained by the Lords Sinclar and Urqhart In this manner they walked toward the Chappell a guard of the youths of Edinburgh well arrayed standing on each side of the way and the trumpets sounding Being entred the Chappell the King arose from his seat and received the Ambassadours at the doore of the Quire and then was the Prince delivered to the Duke of Lennox who gave him to the Nurse After which the Ambassadours were conveyed to their places which were ordered in this manner Upon the Kings right hand a chair was set for the French Ambassadour but this was empty next to him the Ambassadour of Denmark was placed on the left the English Ambassadour and Legier did fit and next after them the Ambassadours of Brunswick Megelburgh and the States every chair had a tassell boord covered with fine Velvet and the Ambassadour of England besides the others had office men standing by him to wait The Service did then begin and upon the end thereof the English Ambassadour arose and presented the Prince to the Bishop who was appointed to administer the Sacrament This was Mr. David Cunningham Bishop of Aberdene The action finished Mr. David Lindsey Minister at Leith had a learned speech in French to the Ambassadours After which they returned to the Chappell in the same order that they came Then was the Prince laid upon a bed of honour and his Titles in this sort proclaimed by the Lyon Herauld Henry Frederick Knight and Baron of Renfrew Lord of the Isles Earl of Karrick Duke of Rothsay Prince and Stewart of Scotland This done certain pieces of silver and gold were cast forth at a window among the people and a number of Knights created at night for it was in the afternoon that the Baptisme was ministred The Ambassadours with their train and the Noblemen present were royally feasted nothing lacking that was required to such a triumph The rest of the moneth was spent in Playes running at Tilt and such other exercises as might give delight to the strangers Amidst these joyes the King was not forgetting his own serious affairs sent his Secretary Sir Richard Cockborne of Clerkinton to England to desire the Queens assistance in pursuing the Popish Lords according to the many promises made by the Lord Souche and Mr. Bowes that how soon he should