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History of the Catholic Church from 600 to 1600 · Alexander Petrie

History of the Catholic Church from 600 to 1600, Ecclesiastical epoch 1300-1600 · Century 16 · Part 3 · Chapter 4 (4 of 5)

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 Mas 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 anſwer unto the Articles that were ſent unto the Counſell: and alſo to demand of the Counſell, Whither they were directed unto the Aſſembly to give their advice in all things tending to the glory of God and well of his Church, or only to hear? and if the Brethren find it expedient, themſelves to propound unto the Counſell both the one and the other. When they returned, they reported, Some difficulties were in the Articles, and the Counſell hath appointed two to conveen the next day at eight of the clock in the morning with ſuch as the Aſſembly will appoint to argue: but they give them not power as Commiſſioners from the King to vote in the Aſſembly, becauſe the King is not preſent, and they had not ſpoken with him of this point, yet as brethren and members of the Church they shall give their advice, & vote. The aſſembly appoints ſixe Brethren to conveen too morrow, to counſell and reaſon with the Commiſſioners of the Counſell. 3. A day was appointed, when every man, who had any doubt or argument againſt the book of diſciplin, should propound his argument. And at that time none offered any argument in the contrary. 4. The brethren that were appointed to conferre with the Deputies of the Counſell, report that the Deputies willed the Aſſembly, to name the perſons whom they do ſuſpect of Papiſtry, and by ſome of their number to admonish theſe perſons to ſubſcribe the articles of Religion, or Confeſſion; and if they be diſobedient, to intimate that unto the counſell, and alſo to proceed againſt the diſobedients with the cenſures of the church. The aſſembly nameth the Chancelor, the Earls of …aitnes & Mongumery, and the L. Ogilvy; and ſent J. Row & Ja. Lowſon to deal with the Chancelor; and J. Craig & J. Duncanſon …nto the others. In the the fourth Seſſion thereafter, theſe brethren report, that Earle of Cait…nes deſireth to ſee and read the Confeſſion. Ogiluy declares, that he had ſubſcribed it before he went out of the country, and is willing to ſubſcribe it again: and they had not occaſion to meet with the others. The Miniſters of theſe parts, where they shall make their repair, are ordained to admonish them; and if they find diſobedience, to proceed with the cenſure of the Church againſt them. 5. Becauſe there is great corruption in the eſtate of Bishops, as they are now made in this realm whereunto the Church would provide remedy in time coming; therefore it is concluded, that no Bishops shall be elected before the next Gen. Aſſembly; and diſcharges all Miniſters & Chapters to proceed in the election of a Bishop in the mean time, Under the pain of perpetuall deprivation from their Office; And that this matter be proponed firſt in the next Gener. Aſſembly, to be conſulted what further Order shall be followed herein; And if any Benefice waikes where is a qualified Miniſter ſerving the Church, it is ordained, that no Viſitors give Collation of theſe Benefices to any other perſon but unto the Miniſter of that church, before the next G. aſſembly. 6. It is appointed that Robert Pont, James Lowſon, and David Lindſay, shall review the book of diſciplin, and being written according to the Originall, one copy to be preſented by them unto the King, with a Supplication penned to that effect, and another Copy unto the Counſell; The time to be at their opportunity, ſo that it be before the publick faſt; And if conference shall be craved, theſe brethren shall advertiſe John Craig, Alex. arbuthnot, John Erskin of Dun, W. Criſteſon, John Row, David Ferguſon, Ro. pont, James lowſon, David Lindſay, John Duncanſon, An. melvin, An. hay, To conveen at the time appointed by the King & Counſell, &c, 7. The Aſſembly conſidering the univerſall corruption of the body of the realm; the great coldneſs and ſlackneſs of religion in the greateſt part, with the dayly increaſe of fearfull ſins, as inceſt, adultery, murders and namely recently committed in Edinburgh & Sterlin, curſed ſacriledge, ungodly diviſions within the bowels of the realm, with all manner of diſorderly & ungodly living, which hath provoked our God although long-ſuffering, to ſtreatch out his arm in anger, to correct and viſite the iniquity of the Land, eſpecially by the preſent dearth and famine, Joyned with the civill and domeſticall ſeditions, where upon doubtleſs greater judgements muſt ſucceed, if theſe corrections work not reformation or amendement in mens hearts: Seing alſo the bloody concluſions of that Romane Beaſt tending to raze from the face of Europe the true light of the bleſt word of ſaluation: For theſe cauſes and that God of his mercy would bleſſe the Kings Ma. and his regiment, and make his Government happy & proſperous; As alſo to put in His heart and the hearts of the States of Parliament, not only to make & eſtablish good Politick lawes for the we of the realm but alſo to ſet & eſtablish ſuch diſcipline in the Church as is craved by the word of God, and is alrealy penned to be preſented unto his Ma. and Counſell, That in the one and other, God may have his due praiſe, and the age to come may have an example of upright & godly dealing: Therefore it is ordained that a faſt be keept in all the churches, to begin the firſt ſunday of Juny and to continue untill the next ſunday incluſive, with accuſtomed exerciſe of doctrin & prayer, &c. 7. The next Aſſembly is appointed to be July. 7. if the Parliament hold, which is already proclamed Or if it hold at any othet time before October 24. that the brethren shall conveen in the place four days before, and otherwiſe, to conveen Octob. 24. The 35. Aſſembly.at Edinburgh. Becauſe the Parliament held at Sterlin in I…ny, therefore the Aſſembly conveenes at Sterlin Iuny 11. Iohn Row was choſen Moderator. 1. Some were ſent unto the King craving that Commiſſioners might be ſent in his name unto the aſſembly. 2. The Act of the former aſſembly concerning the election of Bishops, this aſſembly in one voice concludes to be extended into all time coming: and that all Bishops already elected, shall be required particularly to ſubmit themſelves unto the Generall aſſembly, for reformation of that eſtate of Bishops in their perſons, and if they refuſe, after admonitions the cenſure of excommunication shall proceed againſt them. The Bishop of Dumblain offered his ſubmiſſion preſently. 3. The act of the former aſſembly concerning Collation of Benefices, is confirmed untill the next Aſſembly. 4. Theſe which were appointed to preſent unto the King and Counſell, the copies of the book of diſciplin, shew, that they had done according to the Commiſſion; and his anſwer was, that not only would he concurre with the Church in all things, that may advance true religion preſently profeſſed, but would alſo be a Proctor for the Church; and then he had preſented their Supplication unto the Counſell; and they had appointed ſome unto a Conference, and what was done there, is ready to be shewd. The next day theſe things were publickly read. I. In the beginning of the Conference it was thought good, that a Supplication be penned by the Aſſembly concerning thoſe that shall vote in Parliament in name of the Church. This is appointed to be penned by John Row and Robert Pont, and be brought unto the Aſſembly on Mooneday. II. Concerning the Obſervations, the Aſſembly proceeds as followes. In Chap. 2. the 3. article is agreed-upon conform to the conference. In Chap. 3. the 7. article is to be further conſidered: the tenth article is thought plain in itſelfe. Concerning the advice, what cenſure shall be put to non-reſidents, the Church thinks meet, a civill law be craved, decerning the Benefice to vaik for not-reſidence: In Chap. 4. the 9. article agreed conform to the conference: and deſiring the penalty of perſons excommunicat to be horning or caption, by ſpeciall act of Parliament, to be executed by the Treaſurer or others, whom it will pleaſe his Majeſty to appoint. In Chap. 5. agreed with the two ſupplications deſired. In Chap. 6. the perpetuity of the perſons of the Elders agreed conforme. Here the book of the Aſſembly wants two leafes. Then is ſome what of viſitation of colledges, ſchools and hoſpitalls, and the book wants other two leafes. Then concerning commiſſioners of countries or Provinces: and other two leafes are wanting. The next aſſembly is appointed to conveen at Edinb. Octob. 24. The hiſtoricall Narration ſaith, All that could be obtained in this Parliament was a Commiſſion to conferre upon the Heads of the book: the Commiſſioners, which ſought the ratification of it, took this for a shifting, ſeing the book was before allowed in the conference, except four particulares wherein was no difficulty, and were now expla…ed by the Aſſembly: and therefore they craved, that at laſt ſo many may be ratified as were agreed upon: that was not granted: for Morton was the chief leader in this Parliament. In the aſſembly October 24. David Ferguſon is choſen Moderator. 1. The Noble men in the town are deſired to be preſent. 2. At The 36. Aſſembly.the deſire of the aſſembly came the Lord Chancelor, the Earle of Montroſe, the L. L. S…ton & Lindſay. It was shewd by the Moderator, what care and ſtudy the church had taken to entertain and keep the purity of the ſincere word of God unmixt with the inventions of their own heads: which their ſpeciall care was to reſerve unto the poſterity: and ſeing true religion can not continue long without good Diſciplin, in that part alſo they have employd their wit & ſtudy, and drawn forth of the pure fountain of Gods word ſuch a diſcipline as is meet to remain in the church: this they have preſented unto the Kings M. with their ſupplication: at whoſe direction certain commiſſioners were appointed to reaſon with theſe who were appointed by the church: there the wholl matter being diſputed, it was reſolved and agreed, except a few heads: and thereafter being preſented unto the Lords of the articles, that the ſame diſciplin might take place, and be eſtablished by acts & lawes of the realm: but their travells have not ſucceeded: praying therefore the Nobility preſent alſwell openly to make profeſſion to the aſſembly, if they will allow and maintain the religion preſently eſtablished within the realm, as alſo the diſciplin and policy already mentioned: and to labour at the Kings and Counſells hands for anſwer unto the Heads after following, that is, that his Gr. and Counſell will eſtablish ſuch heads of the policy as were already reſolved and agreed-upon by the Commiſſioners, and cauſe the others to be reaſoned and put to an end: and that his Gr. and Counſell will reſtore the church unto the act of Parliament concerning the thirds: and that none vote in Parliament in name of the church, but ſuch as shall have commiſſion from the church for that effect: and that preſentations of Benefices be directed to the commiſſioners of countries, where the Benefices lye: And to the end, the matter may be the better and ſooner exped, that their Lordships would appoint a time convenient thereunto, as they may beſt ſpare, that ſuch brethren as shall be named, may wait upon their Honours. The Noble men anſwered, that ſome of them had made publick profeſſion of the Religion heretofore: and all now declair, they embrace the religion, and shall maintain the ſame to their power: and in the other particulares, they think, that ſupplication be made unto the King and Counſell, and they will inſiſt with the King for his anſwer: and they will shew them to morrow the time for that effect. 3. The act of the preceeding aſſembly concerning the ſuſpenſion of Benefices, the Aſſembly otdaines it to ſtand in full ſtrength untill the next Aſſembly. 4. James boid Bishop of Glaſgow being required to ſubmitt according to t…e Act of the laſt aſſembly, gave his anſwer in write as followes: I underſtand the name, office and reverence born to a Bishop to be lawfull by the Scriptures of God: and being elected by the Church and King to be Bishop of Glasgow, I eſteem my calling and office lawfull: and as for my executing of that charge committed unto mee, I am content to endeavour at my utmoſt ability, to perform the ſame and every point thereof, and to abide the judgement of the Church from time to time, if I offend in my duty: Craving always a brotherly conſtruction at their hands, ſeing the charge is weighty, and the claimes to be layd to my charge are to be examined by the Canon left by the Apoſtle, 1 Tim. 3. as that place was pointed unto mee at my reception, thereby to underſtand the duties of a Bishop; As for my living and rents and other things granted by the Prince unto mee and my ſucceſſors for ſerving that charge, I reckon the ſame lawfull; As to my duty unto the Supreme Magiſtrate in aſſiſting his Gr. in counſell or parliament, when I am craved thereunto, my ſubjection compelles mee to obey it, and it's no hurt but good to the Church, that ſome of our number be at the making of good lawes and ordinances; in the doing whereof I proteſt before God, I intend never to do anything but what I believe shall ſtand with the purity of the Scriptures and a well reformed country; As alſo a good part of the living, which I poſſeſs, hath been given for that cauſe. This anſwer was read, and after voting is judged not ſatisfactory: and therefore he is o…dered to return after noon with better reſolution. Here the books of the Aſſembly want two leafes: and it appeares, thaet aſupplication was ſent unto the King and Counſell by theſe imperfect words following, Vices univerſally abounding within this realm may be punished and bridled; and to inſiſt with convenient, diligence with his Ma. & Counſell for granting the premiſſes: And to reporte 5. All that are now, or hereafter shal be depoſed from the Miniſtry for their offenſes, shall be charged by the commiſſioners of the bounds to dimitt their Benefice....and if they diſobey, to proceed againſt them with cenſures of the church....6. Becauſe Bihops are to be charged, to remove the corruptions of that eſtate; the particulares are named, to wit. 1. That they be content to be Paſtors or Miniſters of a flock. 2. They shall uſurp no criminall juriſdiction. 3. they shall not in Parliament vote in name of the Church without commiſſion from the Church. 4. That they take not up for mantenance of their ambition and riotouſneſs the emoluments of the Church, which may ſuſtain many Paſtors, and help the Schooles & poore, but be content with a reaſonable living according to their Office. 6. They shall not domineer over the particular Eldership, but be ſubject unto it. 7. That they uſurp not the power of Presbyteteries. 8. They shall not take further bounds of viſitation, than the Church committs unto them. Withall they shall promiſe, that if the G. Aſſem. shall find any other corruption in that eſtate, they shall be content to be reformed by the aſſembly according to the word of God. VII. Becauſe many ſend their children over ſea into places where ſuperſtition and Papiſtry is maintained, Under pretence of ſeeking further learning; And others of perfect age go away under the ſame pretenſe; and become (for the moſt part) corrupt in religion; It is ordained, that the parents of theſe children, or that heerafter shall ſend their chidren into ſuch places, shall be charged by their own Miniſters, to call their children home again with all convenient expedition, Under the pain of excommunication; And they, who being of perfectage, have gone or shall go into ſuch places, shall be charged in like manner to remove themſelues out of theſe places. Obſerve. 1. how theſe lea…es of the books were taken away, it will appear hereafter at the year 1587. 2. The hiſtoricall Narration shewes, that James Bishop of Glaſgow did not ſubmit at that ſynod; but at laſt he did yeeld, and his ſubmiſſion in write was brought unto the next aſſembly; As alſo Commiſſion was given in that Octob. unto certain Miniſters to charge Patrik Bishop of Santandrews for tranſgreſſing the tenor of his former ſubmiſſion, and to charge him to forſake the corruptions of the eſtate of a Bishop in his perſon, as they shall be particularly ſpecified unto him: and if he refuſe after due admonitions, to excommunicat him. That commiſſion was renued in July, year 1579. to charge him de novo, to quite the particular corruptions: and to charge him with theſe offences. 1. That having ſubmitted unto the aſſembly, he went thereafter and voted in Parliament. 2. he gave Collation of a Vicarage, having no power where the Vicarage lyeth. 3. albeit he had conſented unto all the Heads of the Policy but four yet he oppoſed it in the Parliament. In a word all the Bishops were brought into ſubjection, did ſubmitt, and quite the corruptions of that eſtate, and obeyd the Act, that was made againſt Bishops in Iuly 1580. In that aſſembly the Bishop of Dunkell, who had been depoſed before, for not recovering a Tack made to the Earle of Argile was charged to dimitt his Bishoprick, and report the loſſe of dilapidation of the rents, Under the pain of excommunication. So far there: which for brevity I conjoin here. Seing Bishops had never the allowance of the Nationall aſſembly, and being intruded were ſubdued in this manner at that time; how can any man ſay (unleſs he be ignorant of the eſtate of the Church, or petverſe in mind) that the only governement of the Church of Scotland was by Bishops and Superintendents, when the ſecond Confeſſion of faith was ſubſcribed, to wit, in the year 1581?

XVI. The aſſembly conveenes at Edinburgh July. 7. year 1579. Thomas Smeton is choſen Moderator. 1. John Duncanſon the Kings Miniſter The 37. Aſſembly.brings a Letter from his Ma. in theſe words; Right truſty and welbeloved, wee greet you heartily well. Underſtanding of your preſent aſſembly at Edinburgh and for the rumors, that paſs of ſome things, that are to be treated among you, that may ſeem prejudiciall to that good order of government of the church and eccleſiaſticall policy heretofore long travelled-in, and hoped-for; Wee have taken occaſion to shew our mind in this behalf, unto the Miniſter of our own houſe and ſome other of your number, hapning to be preſent with us, in this cauſe We have thought meeteſt to uſe them as our Meſſingers, to carry our letter, whereby wee will heartily deſire and affectuouſly admonish you, that in this our young age, the time being ſubject to ſo many difficulties and imperfections, to beſtow your common care and good wills, to entertain peace & quietnes in Gods fear and Our due obedience, forbearing any proceeding at this time, that may touch matters heretofore not concluded by Our lawes, or received into practiſe: but whatever in the former Conferences touching the Policy of the Church was remitted to be reaſoned and decided by Our States in Parliament, let it reſt without prejudging the ſame by any of your concluſions at this time, ſeing Our Parliament now ſo shortly approaches, and that Wee are well pleaſed and content, that before the ſame, ſuch matters as are not yet fully reaſoned, may be further conſulted upon, and prepared to paſs in form of lawes; And the meeteſt for that work to be expreſſly emploid therein, to the end, the things conferred & agreed upon, may be preſented to Our Eſtates, to be approved in Our ſaid Parliament, and due execution to follow for the advancement of Gods true religion, and the repoſe of you and other our good ſubjects the members of the church of God within our realm; and for this cauſe that yee will not only be the authors and perſuaders of common peace & concord among all of your own function, but among all other Our ſubjects generally, as in the particular Churches, where yee travell, that ſome men too buſy to work the contrary effects, may find themſelves diſappointed, and that Our wholl Eſtate by your exemple may be rather diſpoſed to conform themſelves to a godly & peaceable courſe of living, which wee are aſſured, shall be pleaſing to God, and to us it will be moſt acceptable, as yee may perſuade yourſelves of our willing inclination, to ſet forward this action according to Gods will and word, with all the diligence and good means, that may be uſed: and ſo looking to be informed of this Our reaſonable requeſt & admonition, Wee commit you unto the protection of God. At our caſtle of Sterlin July 5. 1579. It was directed, To our truſty and welbeloved the Miniſters and others of the Church preſently aſſembled at Edinburgh. This Letter was humbly received, read, and ordained to be regiſtred. In anſwer, after ſome dayes Commiſſion and full power was given firſt unto ten Barons with all the Commiſſioners of Provinces and ſixe other Miniſters and ſuch as shall be directed from the Burghs or the moſt put of that number, To conveen where the Parliament shall hold, two dayes before it's meeting, and there adviſe, conceive and form ſuch heads and articles as they shall think meet to be proponed in name of the Church unto the Parliament, for maintaining Gods glory and the good of the policy of the Church; To deſire with all humility and affectuouſly to crave the ſame to be granted: To conferre and reaſon there, upon the ſaid heads and ſuch as shall be proponed unto them, Even ſo as the aſſembly might do, if they were preſent. Likewiſe power was given to John Erskin of Dun, John Dunkanſon, Andrew Hay, John Craig, Thomas Smeton and And. Melvin to paſſe unto the Kings Majeſty and Counſell in Sterlin with convenient expedition to preſent the heads, articles and complaints [after following] with humble reverence and inſtance...........1. The Church craves, his Majeſty make generall prohibition, that none of the inhabitants of the realm ſend their children to Paris or any other Univerſity or town profeſſing Papiſtry, under ſuch pain as his Majeſty and Counſell shall think expedient. 2. That his Majeſty would cauſe the Proveſts and Maſters of the Colledges of the Univerſity of Santandrews, to produce the foundations [or primary Grants] of theſe colledges, to be conſidered by his Ma. and ſuch as he shall appoint; that theſe may be ſighted, and reformation made therein, as shall be judged expedient. 3. Becauſe ſome Jeſuits are already within this country, that order may be taken with them, as is requiſit. 4. Becauſe one Miniſter is not ſufficient to wait upon his Majeſty and houſe, To crave tha… his Majeſty would be content another of the beſt qualities within the realm to be joined with Iohn Duncanſon in the whol Miniſtry of his houſe. 5. Becauſe in the laſt Conference at Sterlin at his Ms command concerning the Policy of the church, ſome articles were referred to further conference, To crave that perſons unſpotted with ſuch corruptions as are deſired to be reformed, may be named by his Majeſty to proceed in further conference of the policy, and time and place to be appointed for that effect. 6. Becauſe the Church underſtandes, that his Majeſty by advice of his Secret-counſell directeth Letters to ſtay the execution of the Acts of the Generall aſſembly: As alſo ſummoneth Miniſters, that proceed in tryall of excommunication, (which is pronounced by them, according to the word of God and diſciplin of the Church) And ſtayth the pronouncing of the ſame (as the Commiſſioners will declare particularly;) therefore his Ma. hereafter would ſuffer the Acts of the Generall aſſembly to be put to execution, and namely, that excommunication being pronounced may have due execution. Likewiſe the proceedings of the former Conference at Sterlin, were now read and conferred with the book of diſcipline. 2. The aſſembly weighing the apoſtaſy of Ninian daliel Maſter of the grammer-ſchool of Dumfriſe, depoſeth him ſimpliciter from the function of the Miniſtry, and ſuſpends him from teaching the School, untill als good experience be had by them of his good life as they have of his defection; And in the mean time ordaines one of the Doctors of the ſchool (if he be ſound in religion) to teach that ſchoole; And ordaines him to confeſſe his offence, in the face of the aſſembly; and thereafter in the Church of Dumfriſe, and other parts where he hath abuſed the ſimple people; and alſo publickly in preſence of the Commiſſioner to revoke his errors, and profeſſe the contrary truth, craving God and his Church pardon; And that immediatly after his and the Commiſſioners paſſing home, Under the pain of excommunication, &c. This Ninian Daliel delivereth unto the aſſembly his judgement concerning the heads of religion, ſubſcribed with his hand, proteſting before God, that not for favor nor fear of flesh he affirmed the doctrin contained therein, and is minded to live alwayes and dy in it. This paper is found to agree in all points with the judgement of the the Church. 3. Some queſtions were propounded by the Provinciall Synods. 1. Becauſe great inconvenients have enſued; and dayly do enſue by Readers, a wholl Synode hath inhibite all Readers to Miniſter baptiſm, or ſolemnize marriage, permitting to them, but the proclamation of the banns, and ſimple reading of the text of Scripture; And now that Synod deſireth an uniform order may be eſtablished through all the Provinces. Reſp. So many Readers as any Synode findeth unmeet to ſolemnize marriage, let them be inhibited by them. 2. Sundry Miniſters have plurality of Benefices, where by ſome Churches are diſappointed of Service; It is craved that an univerſall order may be preſcribed, that the Miniſter shall ſerve where his Benefice lyeth or that he make proviſion for the ſame. Reſp. It is agreed. 3. Preſbyteries would be erected, where the Exerciſe is uſed, untill the Policy be eſtablished by a law. Reſp. The Exerciſe is a Presbytery. 4. Whit her any may be ſuffered to read in a Church, in …aſe of neceſſity, without admiſſion, althogh he be an Elder or deacon. Reſp. Negatur ſimpliciter. 5. Whither it be lawfull to marry on week-days, a ſufficient number being preſent, and joyning preaching thereunto. Reſp. It is lawfull. 6. What order shall be taken with theſe who abſent themſelues from the Communion, alledging the cauſe to be envy againſt their nighbour? and whither others that will not ſalute nor bear familiar company with their nighbours, and being required by the Miniſter, should be admitted? Reſp. the firſt should be admonished, and the other should not be admitted without reconciliation, if it ſtay on his ſide. 7. Perſons that after admonition go to May-playes should not be admitted to the Sacrament without declaration of repentance for that fault. 8. If perſons go to a Popish prieſt to be marryed, they should be called to ſatiſfy as fornicators, and after proclamations they should be married again, rhe other being null; and the prieſt should be punished. Laſtly the next aſſembly is appointed to beginn at Dundy the ſecond tuiſday of July next. According to theſe Commiſſions, in the Parliament at Edinburgh October 20. it was. 1. Declared, that the Miniſters of the bleſt Euangell of Jeſus Chriſt, whom God of his mercy hath now raiſed up among us, or hereafter shall raiſe, agreeing with them that now live, in doctrin and adminiſtration of the Sacraments, and the people of the realm that profeſſe as he now offereth in his Euangell, do communicat in the holy Sacraments (as in the Reformed churches of this realm are publickly adminiſtrat) according to the Conſeſſion of ſaith, To be the true & holy Church of Jeſus Chriſt within this realm; And decernes and declares, that all and ſu…dry, who either gainſay the Confeſſion of faith, profeſſed in Parliament in the year 1560. as alſo ſpecified......, Or that refuſe the participation of the Sacraments, as they are now miniſtrat, to no member of the ſaid Church........ſo long as they keep themſelves ſo divided. 2. The King with advice of his three Eſtates declares and grants juriſdiction to the Church, which conſiſts and ſtands in preaching the true word of 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 VsUs 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 excommunication, &c. And for better execution of this Act, it is ſtatute, that a Synodall Aſſembly shall be holden in every Province, where any uſurping Bishop is, and to begin Auguſt 18. next, where the Bishops shal be called and ſummoned by the Viſitors of theſe countries, To compear before the Synodall aſſembly: namely, the Bishop of Santandrews to compear in Santandr. the Bishop of Aberdien......To give obedience unto this Act: which if they refuſe to do, the ſaids Synodall aſſemblies shall appoint certain Brethren of the miniſtry, to give them publick admonition out of the pulpit and warn them if they diſobey, to compear before the next Gen. Aſſembiy, which shal be holden at Edin. Octob. 20. next, to hear the ſentence of excommunication pronounced againſt them, for their diſobedience. Unto this Act the Bishop of D…nblain conſenteth, ſubmitting himſelf to be ruled thereby. 4. Albeit ſundry Acts have before been concluded in ſundry aſſemblies, to ſtay unjuſt alienation and waſting the Church-rents & patrimony by ſuch of the Miniſtry as have Benefices: and yet neither reſpect or fear of God, nor reverence to his Church, nor good lawes ſet out in the contrary hath repreſſed their unſatiable and curſed avarice from …o inordinate dealing, to the heavy prejudice of the Church, and common grief of all good men: For remedy thereof, the Brethren aſſembled, after reaſoning and mature deliberation, with uniformity of votes have thought meet and concluded, that all perſons within the Miniſtry, both they who uſurp the ſtyle of Bishops, and others that shal be tryed hereafter, to diminish the rents of their Benefice either by diminution of the old rentall by ſetting victuall for ſmall prices, or within the worth, or any other way unjuſtly dilapidating and putting away the rent thereof, by the ſight and judgement of the Generall Aſſembly, shall underly the Sentence of excommunication without further proceſs. 5. For purgation of the Church from ſcandall, the Aſſembly requires in the name of God, and deſireth all men either gentle Men or others, conveened at this time, if they know any within the Miniſtry ſcandalous in life, unable to teach, unprofitable or curious teachers, negligent in preaching, non-reſidents or deſertors, having plurality of Benefices and offices, diſſolute in manners, having mixt juriſdictions, givers of penſions out of their Benefice, or receivers thereof: To give their names in writ unto the Moderator and his aſſeſſors to morrow at ſeven hours in the morning, that order may be taken with them, &c. 6. The Aſſembly after long reaſoning hath concluded, that the Office of Readers, who have no more gift but ſimple reading of the Scriptures, is not an ordinary Office in the Church: and becauſe ſome have moved the queſtion, Whither in reſpect of neceſſity and circumſtance of time they may be ſuffered to continue? the diſputation of this is delayed untill the next day: and then it was concluded, that all Readers shall be tryed de novo by the Commiſſioners of Countries and their aſſeſſors ſo far as poſſibly they may, before the next Generall aſſembly: and ſo many as shall be found to have travelled in reading two years, and have not ſo profited, that they are able to be Paſtors, shall be depoſed from their reading by the Commiſſioners, as is ſaid: And their diligence to be reported.....And becauſe ſuch Readers have no ordinary office within the Church, no ſimple Reader ſhall be capable of any Benefice, nor poſſeſſe any in time coming, nor poſſeſſe the Manſe or gleeb, where is a Miniſter actually ſerving. 7. In Seſſ. 7. A Letter was brought from the Earle of Lennox, as followes: It is not (I think) unknown unto yow, how it hath pleaſed God of his goodneſs, to call mee by his grace to the knowledge of my ſalvation, ſince my coming into this Land: wherefore I render moſt earneſtly humble thanks unto his Divine Majeſty, finding my vojage towards theſe parts moſt happily beſtowed in this reſpect: And albeit I have made open declaration of my calling firſt by my own mouth in the Church of Edinb. and next by my hand writing in the Church at Sterlin, where I ſubſeribed the confeſſion of faith; yet I have found, it was my duty, yee being generally conveened, to ſend this G▪ Man my Couſin and friend accompanied with my Letter, towards you, to make unto you free and humble offer in my name of due obedience, and to receive your will in any thing that shall pleaſe you. I did farther in the accomplishment of my ſaid confeſſion, aſſuring you, that I shall be ready to perform the ſame with all humility; as alſo to procure and advance all other things, that may further the glory of God, and increaſe of his Church, the common well of the Country, and of the Kings Ma. ſervice at my utter poſſibility; And ſo hoping in all time coming to be participant in your godly prayers and favor, I ſalute you moſt lovingly in Jeſus Chriſt our Savior. From Santandrews July 14. 8. The Aſſembly hath recommended the execution of the Kings proclamation concerning Papiſts, unto all the Commiſſioners, as they will anſwer unto his Hieneſs and the Church. 9. It is thought meet to crave of his Hieneſs, that the Church may be reſtored unto the benefite of the Act of Parliament concerning the thirds, &c. 10. Compeares Henry kier Servitor to the Earle of Lennox, and declares, that albeit he had long remained in blindnes and papiſtry, it hath pleaſed God to illuminate and call him to the knowledge of the true word, wherein by his gtace he is now reſolved, acknowledging the ſame word to be truly preached & profeſſed within this realm, and by Act of Parliament eſtablished; and to be the only true religion of God: wherein he is content either now or when the Kings houſe shall be ſetled, with his heart to ſubſcribe at the will of the Church, &c. 11. After long diſputation it is concluded, that it is not lawfull by the word of God, that a Paſtor be burdened with the charge or feeding of two ſundry flocks, nor bear the name or be called Paſtor of moe congregations than one. 12. Compeares Captain Anſtruther, and lamented that he being in France ſome years ſince had given his bodily preſence unto the Maſſe. albeit in his conſcience he hated it as idolatry, and alwayes keeped upright mind toward the religion profeſſed in this realm; and feeling grief in his conſcience for his defection. is come to declare his repentance unfainedly for the ſame; ſubmitting him to whatſoever correction the church will enioyn him; deſiring to be reconciled: And in token of his ſinceer meaning he held up his hand: As to the butchery and maſſacre of Paris, he declares, hee kept the Kings gate of Lour at that time, but went no further. 13. The Act made before concerning the ſuſpending of Collation of Benefices shall ſtand in full ſtrength, with this addition, If any Collation or admiſſion shal be given by any Viſitor againſt the tenor thereof, it shal be null: And all Collations or admiſſions, that shal be given heerafter by any pretending the ſtyle of a Bishop, shall be null in itſelf. 14. It is ordained-that all Paſtors or Miniſters shall diligently and zealouſly travell with their flocks, to conveen unto Sermon after noon on ſunday, both they that are in landward, and in Burgh, as they will anſwer unto God. 15. In every provinciall aſſembly certain aſſeſſors shall be named by them, to concur with the Commiſſioner, and shall ſubſcribe with him in all weighty matters. 16. Commiſſion and full power is given to five Barons, elleven Miniſters, and three Commiſſioners of burghs or any ſixe of them, to paſſe with all convenient diligence unto the King and his Counſell, with theſe heads and ſupplications. 1. that order may be taken with theſe, who put violent hands in Miniſters, or trouble them in exerciſe of their office. 2. that theſe who are depoſed from the office of Miniſtry, may alſo loſe their Benefice, and other qualified perſones be provided thereunto. 3. That punishment may be inflicted on them, who go in pilgrimages to churches or wells, as they who went lately to the rood of Piebls. 4. that preſentations be directed to none other but them who have commiſſion from the Gen. aſſembly according to the Act of Parliament. 5. that all Benefices vaiking be given to Miniſters ſerving the cure, unleſs they be found unworthy, &c. 6. That order be taken with the Printer, who hath printed the Bibles, and cauſe him deliver them, &c. 7. In reſpect the Earle of Arran hath alwayes shewd godly zeal in defence of the religion and the common wealth, It would pleaſe the King and Counſell to reſolve upon ſome good order, that may ſerve both for health and cure of his body, and confort of his conſcience. 8. That the book of diſcipline may be eſtablished by act of Privy Counſell, untill it be confirmed by Parliament. 9. To recommend a Printer Vautrollier, who is banished for religion, that he may have licence. The next aſſembly conveenes The 39. Aſſembly.at Edinburgh Octob. 20. Androw Hay is choſen Moderator. 1. The Bishops of Santandrews, Glaſgow, Aberdien and Murray ar called, and compear not. Becauſe the act of the laſt aſſembly hath not been followed againſt the Bishops of Murray & Aberdien, the aſſembly ordaines (as before) the Commiſſioners of theſe countries, to put that act to execution, With certification, if they fail, they shall make publick repentance before the aſſembly; and certain perſons are appointed to ſummon all the other Bishops, to compear before the next aſſembly, to give their ſubmiſſion unto the ſpeciall heads conferred and agreed-unto by the Bishops of Santandrews, Glaſgow and of the Iſles, and theſe conditiones to be expreſſed in the ſummons, With certification, &c. 2. Some petitions were ſent unto the King and Counſell, and the next day the brethren report, that the King will give a reſolute anſwer the fifteenth day of the next month: and deſireth to delay the plat or model of presbyteries till then. 3. Henry Kier comes, and in name of the Earle of Lennox, shewing, that he hath been diſappointed of a Miniſter for his family, craves, that the aſſembly would writ unto the French Church at London, for a Miniſter, for whoſe entertainment he will provide; as alſo he promiſeth. that in the affaires of the Church either generall, or what particular shall be recommended unto him, he shall affectuouſly employ his labors; and deſireth, that no other opinion should be conceived of him, but as one, that meaneth truly toward God. James Lowſon is ordered to writ and direct a Letter, as was craved. 4. Whether a Miniſter may be removed from his flock without conſent of the flock? Reſp. for good and neceſſary cauſes the aſſembly may remove him. 5. It is evident, that lately many apoſtates are received into the country, and are ſpred, namely in Anguiſe and other parts: therefor the Commiſſioners of Countries are ordained to put former Acts to execution againſt them in all points. 6. Concerning the Viſitor of Countries, it is thought to ſound unto corruption and tyranny, that ſuch power ſtandes in the perſon of one man, which should flow from the Presbytery; and nevertheleſs the eſtate for the preſent time, and want of order for conſtituting Presbyteries, ſuffereth not preſent alteration, It is judged meet, that the Clerk-Regiſter shall be requeſted to concurre with John Erskin of Dun, Ro. Pont, James Lowſon, David Lindſay, John Craig and John Duncanſon, or any thry of them, to lay and adviſe a modell of the Presbyteries and conſtitution of them, and report their judgement unto the next aſſembly; And in the mean time the Viſitors shall continue in their Viſitations. 7. Full power and commiſſion is given to four barons, to John Craig, John Duncanſon, Ro. Pont, Ja. Lowſon, Pa. Adamſon, James Boid. Da. Lindſay, Tho. Smeton, Ge. Hay, An. Hay, Adam Iohnſton, David Ferguſon, David Macgill, and the Commiſſioner of Edinburgh or any ſixe of them, To compear before the King and Counſell November 15, and crave anſwer unto the articles given ſince the former aſſembly, and to conferr and reaſon upon them, With power unto them or the moſt part of them to reſolve, decern and finally conclude in name of the Church with the King and his Counſell thereupon, &c. 8. The Aſſembly (having received the Kings conſent in writ) removes Andrew Melvin from the Colledge of Glaſgow unto the new Celledge of Santandrews; and Thomas S…eton from the Church of Paiſley unto the Colledge of Glaſgow. 9. Whither a Miniſter leaving his Miniſtry. and applying himſelfe to a Civill office, may be choſen an Elder of a Church? Reſp. he should not, but rather be challenged for his deſertion. 10. John Brand is ordered to deliver unto the Juſtice-Clerk the Kings command in writ for raiſing Letters againſt Nicol burn. Obſerve. 1. How freely the aſſembly goeth-on in eſtablishing the diſciplin: it was not done rashly, but after many reaſonings and conferences both in publick aſſemblies and other meetings appointed by the Chief Magiſtrate and the Church; liberty of oppoſing and arguing being granted to every man; and at laſt epiſcopacy was condemned, the Kings Commiſſioner conſenting in the aſſembly, and four Bishops ſubmitting, one in Dundy; and three expreſſely mentioned in this at Edinburgh, of whom we find two employd as Commiſſioners, to treat for cloſing the remaining differences. 2. If wee look back to the years preceeding, we may underſtand, what was the power of Superintendents, to wit, more and more power was committed (according to the neceſſity of time) unto them, yer not unto them perſonally, but with concurrence of others; and ſo, that in every aſſembly they made their accompts of fidelity and diligence: but after the year 1576. they and others, which were called Commiſſioners of Countries, were called Viſitors; and in this laſt aſſembly their power is declared to …ound unto corruption & tyranny: and becauſe of preſent neceſſity are continued for a half year, untill the Presbyteries were univerſally modeled. The Presbyteries were ever aimed at, and in ſome parts begun: but this winter following with conſent of the King and by his commiſſion they were conſtitute through all the realm, as followes in the next aſſembly. 3. Wee have heard a complaint here of many Apoſtates come into the country, and namely in the end is mention of Nicolburn: he was a profeſſor of Philoſophy in S. Leonards Colledge, and became a Papiſt. At that time were found ſome diſpenſations ſent from Rome, permitting Papiſts to promiſe, ſwear and ſubſcribe, and do what other thing might be required of them, ſo that in mind they continue firm, and vſe diligence to advance privily the Roman faith. Theſe diſpenſations were shewd unto the King: for remedy at firſt he gives order unto one of his Miniſters John Craig, to writ a form of abiuration of Papiſtry. In obedience John Craig writes a Confeſſion relative unto the former Confeſſion (which was wholly poſitive) and abjuring all the corruptions of Rome, both in doctrin and ſuperſtitious rites, and wholl hierarchy, together with a promiſe, to continue in the obedience of the doctrin & diſciplin of this Church, and to defend the ſame to our vocation and power all the dayes of our lifes, under the paines contained in the law, and danger both of body and ſoule; And he addeth, and ſeing many are ſtirred up by Satan and that Roman Antichriſt, to promiſe, ſwear, ſubſcribe, and for a time uſe the holy ſacraments in the Church, deceitfully, againſt their own conſciences, minding thereby firſt under the externall cloak of religion to corrupt and ſubvert ſecretly Gods true religion within the church, and afterward when time may ſerve; to become open enemies and perſecutors of the ſame, under vain hope of the Popes diſpenſation, deviſed againſt the word of God, to his greater confuſion and their double condemnation in the day of the Lord Jeſus, Wee therefore wil…ng to take away all ſuſpicion of hypocriſy and ſuch double dealing with God & his Church, proteſt and call the Searcher of all hearts to witneſs, that our minds & hearts do fully agree with this our Confeſſion, promiſe and ſubſcription, ſo that we are not moved for any worldly reſpect &c. Theſe words were added for the better tryall of Papiſts, and the ſincerity of profeſſors. This Confeſſion was ſubſcribed by the King & his houshold January 28. 1580. or (according to the r…ckoning of other Countries) 1581. and a charge was given by the King March. 2. and it was proclamed, commanding Commiſſioners and Miniſters to urge their parishoners, to ſubſcribe this Confeſſion, and to delate the Refuſers unto the Miniſters of the kings houſe; that the K. and Counſell may take order with them; and more of it followes. In the mean time to-wit, December. 31, the Earle of Morton was challenged; Januar. 18. he he was impriſoned at Dunbarton: Juny 1. he was arraigned and condemned (for that he knew the plot againſt the kings father, and did not reveel it;) and the next day beheaded. A rare exemple of humane frailty: he who lately was Governor of the realm, and in the preceding year wa… the object of the great Ones envy, was brought ſo unexpectedly to ſuch a death. Before his execution he remembred what John Knox had ſaid unto him, and called him a true Prophet.

XVIII. The Aſſembly conveens at Glaſgow Aprile 24. year 1581. where 1580. The 40. Aſſembly▪was Will. Cuningham of Caprintoun commſſioner from the king, Commiſſioners from Synods, &c. Robert pont is choſen Moderator. 1. Forſomuch as for purgation of the Miniſtry from unworthy perſons in that function, Order was taken in the laſt Aſſembly, that all men whither Miniſters or others should give up the names of ſcandalous Miniſters, as they will anſwer unto God; yet by shortneſs of time no great effect followed; Therefore (as before) the Aſſembly requires all men, as they tender the glory of God and the weell of his Church, that they delate and give up the names of ſuch perſons in writ tomorrow after noon, &c. The Originall Regiſter wanteth the third and fourth Seſſions. 2. Whereas in the Aſſembly at Dundy in the Act againſt Bishops ſome difficulty appeared unto ſome brethren by the word Office, what is meant by it; The Aſſembly preſent conſiſting (for the moſt part) of them, who were preſent, and voiced in that Aſſemb. to reſolve men of the true meaning of that act, Declares, that they meaned, wholly to condemn the eſtate of bishops as they are now or lately were in Scotland, and the ſame was the determination of the Church at that time. 3. The Kings Commiſſioner delivereth the Kings Letter; together with certain rolls containing a form of planting particular churches and the number and names of the presbyteries, with the names of churches within every Presbytery. The Aſſembly appointes certain perſons within ſeverall Provinces to conveen tomorrow at ſixe a clok in the morning, to ſicht theſe rolls, and report, &c. 4. The Aſſembly having received from the King ſome demandes propounded in writ, with the anſwers unto the Articles, that were preſented unto his Ma. by the Church; and a Copy of a Letter to be directed unto Barons, and Miniſters for union and diviſion of Churches, with the names of the perſons, that were appointed to travell in that work; And thereby underſtanding the godly and zealous mynde of his Ma. did praiſe God heartily, the He had moved the Kings heart to have a care of his Church; An… firſt entring into conſideration of the Anſwers thought good, to inſiſt with the King and Counſell in theſe articles. 1. That it would pleaſe his Ma. to appoint a Judge in Edinburgh to cognoſce and judge of injuries don to Miniſters in execution of their Office, and to punish according to the quality of the crimes; and appoint a Proctor for the Miniſters injured. 2. That an act of Parliament may be made, concerning the deprivation of ſcandalous Miniſters, and the cauſes of deprivation to be expreſſed in the act. 3. That the Benefices vaking may be diſponed unto the Miniſters, where the Benefice vakes, if they be able, as it was agreed in the Conference at Sterlin. Followes the tenor of the Kings propoſitions given by his Commſſioner, with this inſcription; Inſtructions to our truſty and welbeloved Willam Cuningham of Caprintoun, directed by Us with advice of the Lords of the Secret Counſell, Unto the Aſſembly of the Miniſters of the Church conveened at Glaſgow Aprile 20. 1581. You shall deliver Our Letter unto them, and let them underſtand, that ſuch of their number, as travelled with Us having deſired Our anſwer unto their Articles ſent from the Aſſembly in Dundy in July laſt, Wee cauſed ſome of Our Counſell conferr with them at ſeverall times in Octobe… laſt, as alſo lately: which all find the matter concerning the thirds of the Benefices mentioned in the firſt of theſe Articles, as there required, not to be the readieſt means either to make the Miniſters aſſured of their ſtipends, or to make Us any reaſonable ſupport thereby for relieff of the comon charges of our eſtate, there being ſo great alteration and diminution of the Rents, and ſo great confuſion other ways entred in that matter, during theſe 20. years and more now by paſt; And therefore a form and order muſt be preſcribed, likly to have continuance unto poſterity, to the removing of all occaſions of complaint: For furtherance thereof, there is (by commandement, and advice of ſuch of our Counſell and Miniſters, as conferred on this purpoſe) ſome form drawn, how Elderships may be conſtituted of parishons lying together; ſmall parishons to be united, and the great divided for the better ſuſtentation of the Miniſters, and the more commodious reſort of the people to their churches. There is alſo the form of Our Letter, to be written to ſome of the principall Noble and Gentle men and certain of the Miniſters within the bounds of every Eldership, To conveen adviſe and report unto VsUs their advice in things required by Us in Our ſaid Letter betwixt and the 24. day of Juny next. This wee thought convenient, to communicat with you unto the aſſembly to be convened at Glaſgow: Requiring them in Our name to conſider thereof, and to ſend VsUs their opinion and judgement concerning this intended work, and of any thing, that they would wish either to be added or diminished in the form of Our Letter, or otherwiſe, before the ſame shall be directed: where in if care & diligence shall be taken by them, as Our intention (God willing) is to do for the furtherance thereof, as becomes VsUs, Wee have no doubt, but God shall ſend frutefull ſucceſs of Our travells, to the removing of the great diſorder & confuſion now ſtanding, for want of reformation. Theſe grounds adviſed well, and agreed-upon, apparently it shall not only with reaſonable time make the Miniſters to be finally provided of their livings, but it shall bring the Eccleſiaſticall diſciplin to be far better exerciſed and execut over all this real…, than it is preſently: It being declared firſt, what every Presbytery may cognoſce-upon; next what shall be in every Synodall Aſſembly: and laſt what cauſes shal be de…olved to the Generall aſſembly, and what perſons shall orderly need to repair thereunto, and have vote There. The report of theſe Our Letters returning the ſooner, it may be provided by diligent travells ſo, as the good order now intended may take beginning at the firſt day of November next without longer delay; and if our Parliament upon any neceſſary occaſion shall be conveened in the mean time, the ſaid order, or ſo much thereof as shall be in readineſs, may be paſt and approved in form of law. The ſecond article was anſwered in ſuch ſort, as Wee truſt they were ſatisfied with it. To anſwer the third Article, the deſire thereof muſt be more ſpeciall, before it receive a ſpeciall anſwer: They have to conſider, in whoſe default and negligence the perſons complained-upon in the fourth Article, remain unpunished. Our anſwer to the fifth Article is ſufficient, untill upon farther advice it may be made more ſpeciall. Order is taken concerning the deſire of the ſeventh article. There is ſome order already begun for the further help and comfort of the Earle of Arran. which shal be followed, as occaſion shall ſerve. Wee have cauſed and ſtill will cauſe the Conference to be keept for furtherance of all things requiſite, that may ſet foreward the Policy, whill the ſame may be eſtablished by law. Our former anſwers are reaſonable, and no oppoſition hath been in the contrary. Moreover you shall let the aſſembly underſtand, that in the particular conference by paſt, ſundry matters have been agreed-on in generall terms, as they were talked-of, and put in memory; but not put in ſuch form & termes, as is meet to be put in Articles unto Our Eſtats in Parliament, to be approved as particular lawes: and therefore let the aſſembly appoint ſome of their number to extend and put theſe articles in ſuch form and order, as they would wish them to be paſt in Parliament, ſpecially in theſe Heads, That the aſſembly will enquire and cauſe inform VsUs, of the ſpeciall names of perſons culpable in the faults noted in the Act of their aſſembly at Dundy, to wit, That the Bishops and Commiſſioners may be admonished, to refuſe Readers the titles of Benefices vaking ſince November 1. although preſentation hath hapned to bee. That the aſſembly declare, how many ſufficient and welqualified Miniſters are preſently in Scotland, and in what place they wish them rather ro ſerve; And that they give their advice, how other churches, whereunto Miniſters can not be had preſently, may be ſerved, untill mo Miniſters may be had, and the preſent old poſſeſſors of the Benefices be departed this life. That they give us their opinion and advice of that portion of the rents perta…ning to the Churches before the alteration of religion, which they think shall fall unto Us, if all Benefices were now vaking; And in the mean time what wee shall have yearly for ſuport of Our eſtate and publick affai…s of Our realm; that they conſider the form and proceeding, how the taxation for the ſpirituall mens part, shall be payd in time coming; as alſo to make us ſome likely & good overture for the perſons, that shall occupy the place of the Spirituall Eſtate in Our Parliament in time coming, and after the deceaſe of the preſent poſſeſſors of the place, in reſpect of the great decay of the rents: That they ſend Us their good advice, how a form of judgement may be eſtablished (untill a Parliament) for calling of perſons provided to Benefices ſince our coronation, to be deprived there from, upon the clauſes irritant contained in their proviſions, for not doing their duty in their vocations, bu… leaving their charges, and medling with ſecular buſineſs; That the aſſembly give their advice upon the form of preſentation that Wee shall give unto theſe, that shall be provided to Benefices, if this Order take effect, to whom our preſentation shall be directed; what shall be the form and order of the tryall or how shall the perſon be tryed, and what form of admiſſion and Collation. In anſwer the aſſembly propoundes theſe Heads to be conſidered as a ground; That (beſids the diocies of Argyle and the I…les, of which bounds rentalls were never given up) there are in Scotland about nyne hundred and twenty four churches: of theſe, ſundry are ſmall parishons, and ſome are of greater bounds, that the parishoners may not conveniently conveen to their parish-churches: It is thought meet therefore, to reduce theſe 924. churches to 600. and every church to have a Miniſter; Their ſtipends to be in four degrees; an hundred at 500. Marks the peece; two hundred at 300. Marks the peece; two hundred at 100 pounds the peece; and one hundred at 100 Marks the peece; or ſomwhat more or leſſe, as it may be modified according to the poſſibility of the rent payd in that place. Theſe conſiderations are to be taken, although all the Benefices were preſently vaking. Where the parſonage and Vicaradge at any church are now ſevered Benefices, to be all united or annexed into one for the better ſuſtaining the Miniſter there; Theſe 600. churches to be divided into 50 presbyteries, twelve to every presbytery or thereby; Three of theſe presbyteries, or mo or fewer, as the Country lyeth to make one Diocy orſynod, according to a form after following, to be conſidered: of this certain number of Presbyteries shall be the Synodall aſſembly: and every Synod shall appoint the place within that Province for their next Synodall meeting: Of perſons directed from the Synodall aſſemblies, shall G. Aſſem. conſiſt: Churches thus divided into quarters to be provided unto one man; and if theſe quarters be annexed to another Benefice, the quarters to be diſſevered out of the proviſions of the perſons to be provided unto theſe Benefices when they vake; The churches divided inter Pr…bendarios, to be given to the Miniſters as they vake; All Benefices provided to Miniſters, to be divided the year of their deceaſe equally betwixt their wifes, children or exequitors, and the Intrant Miniſters; young men coming from the Shools shall be only promoted to the ſtipends or Benefices of the loweſt degree: and the eldeſt or of greateſt learning, judgement & experience to be promoted to the higheſt rank, and ſo to aſcend gradatim, as they shal be judged worthier from three year to three year for better eſchuing ambition & avarice: and that the charge of the greateſt congregations be not committed to the youngeſt Miniſters a… the firſt, nor they preferred to the eldeſt of gravity & judgement: the eſtate of the Prebandries to be congnoſced & conſidered, which are …ounded upon the tiths of the parish, and which on temporall lands: to the effect that ſuch as are founded upon tiths may accreaſe to the living of the Miniſters ſerving at the churches, and the others to be provided for help of ſchools in the beſt form that may be deviſed: And always the Laick patronages to remain wholl and uniointed or undivided, unleſs it be with conſent of the Patrone. There followes a rolle of the Presbyteries, which I omitte, becauſe afterwards was another Diviſion, and inſome Provinces three were divided into four, or five. And to the effect this order may be eſtablished, certain brethren were named to call the Presbyteries before the laſt day of May in ſeverall towns, ordaining every Presbytery, to chuſe a Moderator, who shall continue untill the next Synod. In Seſſ 9. the Aſſembly concludes that the book of Policy being agreed-unto in diverſe Aſſemblies before, should be regiſtred ad perpetuam memoriam, and copies thereof to be taken by every Presbytery. And in the ſame Seſſion the Confeſſion of faith lately ſet forth by his Ma. proclamation, and ſubſcribed by him; the Aſſembly in one voice acknowdges it to be a true Chriſtian and faithfull Confeſſion, and the tenor thereof to be followed out, as is ordered in the pro…amation. Becauſe Abbots, Commendators, Priors, Prioreſſes and Bishops provided of old under the names of Eccleſiaſticall perſons, do poſſeſs the revenues of the Churches without exercing any ſpirituall function thereof, or acknowledging the true Church, and devore the patrimony, and are dayly diminishing the rents of the Benefices; the Aſſem. hath determined, that all ſuch perſons shall be cited by the Presbteries to compear before the next G. Aſſembly to ſubmit themſelves, &c. Likewiſe ordaines the Commiſſioners of countries to give-in the names (after noon) of the perſons, they think meet to judge of the union and diviſion of Churches: and certain perſons are appointed to form the Articles agreed-on in the Conference; and the advice of the Aſſembly concerning the directing of preſentations, is, that they be directed unto Presbyteries. For performance of the intended work, they …rave of his Ma. that Prelacies be diſſolved. The next Aſſembly was held The 41. Aſſembly.at Edinburgh October. 18. where were Commiſſioners, &c. John Craig is choſen Moderator. 1. Adam Johnſtoun and John Dury Miniſters were ſent to deſire the King, to direct his Commiſſioners unto the Aſſembly: when they returned, they declare, that for ſundry affaires of the Counſell, he could direct none before thuirſday, and then he will ſend ſome inſtructed with his Commiſſion. 2. All the Bishops were called: none is preſent at firſt, but the Bishop of Dumblain. 3. They to whom the charge of conſtituting the Presbyteries was committed, shew their diligence, which is referred to further deliberation. 4. It is concluded, that no marriage be celebrat, nor Sacrament be adminiſtred in a privat houſe, but ſolemly according to the good order hitherto obſerved, Under pain of depoſition of that Miniſter, who shall do otherwiſe. 5. Commiſſion is given to the Presbytery of Dundy, to call before them, the Maſter of Gray, to give Confeſſion of his faith; and if he refuſe, to proceed againſt him according to the Acts of the Church, and that with all poſſible diligence. 6. The Kings Commiſſioners inquire, If the Church condemn the office of Bishops, whereunto is annexed a temporall juriſdiction, wherein the Church hath ſerved by voting in Parliament, aſſiſting in his Highneſs Counſell, contribution in taxations, and ſuch like: what overture they will shew, whereby the King be not prejudged by the taking away that Eſtate: For adviſing this Head, the Aſſembly nameth twelve Barons, five Commiſſioners of Burghs, and eight Miniſters with ſixe that were upon the Conference, To conferre, &c. Who thereafter reported, that after long reaſoning they had agreed ſo far, that for voting in Parliament, aſſiſting in Counſell, Commiſſioners from the G. Aſſembly should ſupplee the place of Bishops: And for exercing civill or criminall juriſdiction, the heritable Balives of the bishoprick should uſe the ſame; Reſerving to the judgement of the Church to conſider of their anſwer. The aſſembly allowes the judgement of their Brethren, and think meet it be communicat unto the Kings Commiſſioners. 7. Whereas ſome Miniſters have been negligent in proſecuting the Act of the laſt Aſſembly concerning the late Confeſſion of faith, the Aſſembly enjoynes all Miniſters within their bounds, with all poſſible dilgence to execute the tenor of his Mas. proclamation, before the Synodall Aſſembly of every Province, and report to the Moderator thereof, and to be reported unto the next Generall Aſſembly, Under the pain of deprivation of the negligent Miniſter. 8. Compeares James meluin Gentle man of the Kings Chamber, and preſenteth a writing from the King, craving tryall to be taken of ſome words, & alledged to have been ſpoken by Wa. Balcanquell in a Sermon lately, againſt the Duke of Lennox, with credite to the bearer: who shews that he had ſo far credite to ſpeak, that becauſe of the late calling of John Dury and the ſaid Walter before the Privy Counſell, upon account of their Sermons, offence was taken by the Church; therefore his Gr. now lamentes the matter unto the Aſſembly, willing them to try the matter, and to take order there-in. The words wherewith the Duke is offended, are theſe, that Walter had ſpoken in pulpit, That within theſe four years Papiſtry had entred into the Country, not only into the Court, but into the Kings hall, and maintained by tyranny of a great Champion, which is called Grace: And if his Grace will oppone himſelfe unto Gods Word, he shall have litle grace. And concerning the Bishop of Glaſgow, the King deſireth, that they ſtay from proceeding againſt him as Bishop: but if the Church hath any other things, to lay unto his charge, let them uſe their order. Hereunto Wa. Balcanquell anſwered, Firſt he praiſeth God that he is not accuſed of any thing, wherein he hath eitheir Ciyily or criminally in his life & converſation, offended the King or his lawes, whereunto with all reverence and at all times he is ready to ſubmitt himſelfe; But he is accuſed of theſe things, which he hath ſpoken publickly in the pulpit, as being more plain in reproving vice than ſome men can well ſuffer, which is a main point of his doctrine: and howbeit he hear it now oppoſed, he muſt ſo juſtify the ſame, that although all the Kings on earth would call it erroneous, he is ready to prove it by good reaſon, to be the very truth of God, and if need shall require, to ſeall it with his blood. Secondly he praiſeth God, for that by his laſt accuſation God hath given ſo much victory unto his church, that howbeit then in was called into queſtion, Unto whom the judgement of doctrin should appertaine? Yet as then by reaſon it was concluded by the Kings Majeſty, his Counſell and Commiſſioners appointed by them, to conferr with the Miniſters in that matter, that in all time coming the tryall of a Miniſters doctrin should be referred to the judgement of the aſſembly of the Church, as the only competent Judge thereof, So it is now performed, and becauſe he ſeeth the promiſe now keept, he thankes God, and is the more glad to give his anſwer before the aſſembly: and that in this manner: Theſe things he ſpoke in his Sermon on wedneſday laſt, he ſpoke them not quietly, but all the aſſembly heard them, and ſo of all men can beſt judge of them: wherefore with all reverence he ſubmits himſelf ſimpliciter unto their godly judgement; Nevertheleſs neither being aſshamed of his doctrin, nor minded to give any advantage to his enemies (ſo for as he may) whoſe purpoſe he knowes againſt him, in this matter he only requires this condition, that the Canon of the Apoſtle Paul be keept, to wit, Againſt an elder receive no accuſation but under two or three witneſſes. This form of proceeding he craves in this matter: As yee are the aſſembly of the Church, and competent Judges unto him, ſo he is ready to anſwer before you, to all accuſations that shall be layd againſt him, and underly your judgement: Let any man therefore according to the Canon of the Apoſtle, which in no way yee may break, ſtand up before you, and ſay, he hath any thing to accuſe mee, and hath two or three witneſſes ready with him, to prove his accuſation, then shall I anſwer him. And ſeing James melvin heard not the doctrin, and therefore will not take upon him to accuſe, I will [ſaid he] ſupercede further anſwer, untill I ſee my accuſer. The aſſembly ſent Tho. Smeton and Da. Ferguſon with this anſwer unto the King, that ſeing Wa. Balcanquell is a brother of the Miniſtry, the Canon of the Apoſtle should be keept, and the accuſer with two witneſſes should be preſent; As alſo to deſire his Ma. to ſend Commiſſioners to ſee this matter tryed, as the Church is moſt willing to try the ſame. In the ſixth Seſſion following. the ſame Wa. Bulcanquall ſubmits himſelf unto the judgement of the aſſembly, and craves that they would proceed therein according to the canon of the Apoſtle. The Aſſembly ordereth Da. Lindſay and Tho. Smeton to go unto the King, as before is ſaid. The next day they report, that they could have no anſwer becauſe of great affaires of the King and Counſell. In the Seſſion following, Da, Lindſay is directed to go unto the Church-Seſſion of Edinburgh and deſire them to declare, whither they or any of them found any error, ſcandall or offenſe in the Sermon preached by Wa. Balcanquell upon the wedneſday before named. In Seſſion 18. the aſſembly willing to try the points of accuſation given by James melvin in name of the Duke of Lennox, and having ſundry times traveled with his Ma. that the rule of the Apoſtle should be keept, And that his Ma. would direct Commiſſioners, to underſtand their juſt proceeding; and no effect of their ſuit hath followed; And for ſatiffaction to his Ma. and for removing all ſcandall that may ariſe hereby, they had directed a Commiſſioner unto the particulare Church of Edinburgh, requiring them, if they had found or know any word ſpoken in that Sermon, erroneous or offenſive; and their anſwer is reported by a member of the Seſſion, that they heard nothing ſpoken by him that day, that was ſcandalous or offenſive but good and ſound doctrin; After voting in this matter without any contradiction, the aſſembly declares, that they nor any of them did find any fault in the ſaid Sermon, either of error, ſcandall or juſt offence but ſolide and true doctrine, praiſing God, and juſtifying their brother of that accuſation. 9. In Seſſ. 9. certain brethren were named, to travell diligently in erection of Presbyteries, before the next aſſembly; as they are directed into ſeverall Provinces: and James lowſon is ordained to penn a form of proceeding; that the brethren knowing the order, may keep an uniformity. 10. Articles, whereof Robert mon gomery miniſter at Sterlin was openly accuſed in Seſſ. 10. are. 1. that preaching in the church of Sterlin, he moved a queſtion, Whither women were circumciſed? and concluded, that they were circumciſed in the foreskin of their head. 2. He teaching in Glaſgow, ſaid, The diſciplin of the Church is a thing indifferent, and may ſtand this or that way. 3. He accuſed the Miniſters, that they uſed fallacious arguments, and that they were curious braines. 4. He ſought to bring the Originall languages into contempt, to wit, Hebrew & Greek; to that end, abuſing the words of the Apoſtle. 1. Cor. 14. and tauntingly asking, In what ſchool were Peter and Paul graduat? 5. To. prove the corrupt eſtate of Bishops in our time, he alledged the exempls of Ambroſe and Auguſtin, &c. 6. It is ſufficient to baptize in the name of the Father only, or in the name of the Son, Or in the name of the Holy Ghoſt, becauſe they are all one God. 7. The matters of diſciplin and lawfull calling in the Church, he called triffls of policy. 8. He accuſed the Miniſters of ſedition and Laeſe-Majeſty, in exhorting them not to be ſeditious, nor meddle with high matters, nor put-off crowns, or put-on crowns; and if they medle any farther there-in, they will be reproved. 9. He contemned the application of the Scripture to particular manners and corruptions of men, jeſtingly asking, In what Scripture could they find a Bishop for a thouſand pound, horſe-corn and poultry; and when they are teaching of love, how could they find Judas? 10. He oppugned the doctrin of Chriſt, who pronounces, that the moſt part are rebellious, and shall perish. 11. He denied, that in the new Teſtament is mention of a presbytery or eldership. 12. He accuſed the Miniſters of paſquils, of grudging, of trouble and confuſion, and ſaid, Where is it? what fault can they find with the Court? as for myſelfe, I finde none. 13. The Church being traduced by paſquills and infamous libells, not only purged he not the Church or himſelf, having good occaſion, but rather approved the ſame. 14. In his preaching againſt the Miniſtry, he uſed the very words of the libels, that were caſten into the Kings Chamber againſt them. 15. This quarter of year by paſt he hath been negligent in doctrin, diſciplin, and aſſiſting the eldership. In Seſſ. 18. whereas Andrew meluin had by word given theſe articles, now he gives them in writ: and the Aſſembly aſſigneth to him the next day, to prove the particulares: and ordaines, to warn Robert Mongomery, to compear the next day at ten a clok, to hear witneſſes and probation received. In Seſſ. 20. the brethren, that were ſent unto the King with theſe articles of accuſation, return with anſwer, that he had aceepted them very graciouſly; and is content, that the accuſation proceed againſt Robert as a Miniſter: and more that in the heads of religion he agreeth with his heart with the Church of Scotland, albeit in ſome heads of policy he is not as yet reſolved. Then Andrew Melvin produceth his witneſſes in the accuſation, to wit, David Weemes Miniſter at Glaſgow, John Craig, Pa. Adamſon, John Howeſon, &c. All (being eight in number) give their oath: and yet leſt the ſaid Robert ſay, that he is defra…ded of any lawfull defence in his abſence, the Aſſ. reſerves place to any objection he hath againſt theſe witneſſes, if he come upon moonday at ten a clok; and ordaines the ſame Robert, becauſe he hath departed out of the town, to be inſtantly examined by five Miniſters and two Barons or any three of them, where they can find him, and his depoſition to be put in writ, and reported unto the Aſſembly; And for further probation, if his accuſer will take any other time, Ordaines the ſaid Robert, to be warned unto that time. In Seſſ. 23. The Aſſembly gives Commiſſion unto the Presbytery of Sterlin, to ſummon Robert Mongomery before them, to try & examin his life & converſation, and accuſations to be given againſt him: and to report their diligence unto the next Synod of Lothian: Unto whom the Aſſembly gives power to proceed againſt him, according to the tryall and proceſs deduced againſt him by the presbytery, Under the pain of diſobedience; And alſo chargeth the ſaid Robert to continue in the Miniſtry of the Church of Sterlin, and not to medle with any orher function in the Church, namely, in aſpiring to the bishoprick of Glaſgow, againſt the word of God and Acts of the Church or to vexe any of his brethren with his admiſſion thereunto, Under the pain of excommunication to be deduced againſt him (in caſe of diſobedience) by the ſaid presbytery; and the ſentence of excommunication to be execut by them with advice and concurrence of John Dury, David Ferguſon, John Duncanſon and John Dykes; And this charge to be intimated by the Moderator of the Aſſembly unto the ſaid Robert, that he pretend not ignorance. 11. In Seſſ. 11. theſe heads were referred by the Synod of Lothian unto the G. Aſſ. 1. That an univerſall order be made by the G. aſſ. for examination, admiſſion and ordination of Miniſters. 2. To enquire, what perſons of the Miniſtry shall deſigne gleebs and man…es: and ſeing the Synod of Lothian hath thought good, that every Presbyt. shall direct ſome of their own number for that effect within their bounds, Wee crave the conſent of the Gen. aſſembly: and that the ſame may be univerſall: and where is not a presbytery, To appoint who shall deſign them. 2. Who shall wait upon the Platt [or Committee] for modifying of Miniſters ſtipends. 3. What anſwer shall be given to the Kings Letter, concerning the union and diviſion of churches. 5. That there may be an uniformity in ſummoning perſons before the presbytery, and in the proceſs there. 6. To ſuit, that the tryall and admiſſion of all Maſters of ſchools be now enioyned unto the presbyteries. 7. Seing wee in our Synod have agreed, that diſputation shall be every day of Exerciſe in every presbytery, eſpecially upon the controverſies betwixt us and the adverſaries, for avoiding negligence in Miniſters, and that we may the better withſtand the adverſary, That the Gen. aſſembly would appoint a generall order therein. 8. What order shall be uſed with Miniſters and Readers, that ſet their gleebs and manſe. 9. That an article be ſought by the Gen. aſſembly at the Parliament, that all marriages without conſent of parents, without proclamation of banns, or without other ſolemmities according to the order of the Church, be declared null. 10. To crave an Act of Parliament to be made againſt them, that paſs in pilgrimages, and uſe ſuperſtition at wells, croſſes, images or other Popish idolatry, or obſer…e feaſts or dayes dedicat to Saints, and ſet out fires for ſuperſtition. 11. Seing the Act of Parliament appoints them, that are convict of notorious adultery, and by the ambiguous expoſition of the word Notorious, no execution followes: Therefere for avoiding the plagues of God hanging over this wholl country for this crime, that the Gen. aſſembly would crave an Act of Parliament for punishment of all perſons, whoſoever are lawfully convict of adultery. 12. Seing an Act of Parliament is made for diſcharging of markets on ſunday, and no execution followes, whereby people abſent themſelfes from the Church, and continue in ignorance, and ſo atheiſm increaſes: Deſire that ſome order may be taken in this Parliament, againſt Magiſtrats that put not the Act in execution, Notwithſtanding any particular diſpenſation. 13. To crave an Act of Parliament for proviſion of gleeb… and manfes unto the Miniſters at Abbey-churches, as others have. 14. Becauſe there is an Act of Parliament, that all Proveſtries and Prebendaries shall be given to Students, to maintain them at a ſchoole; and very many of that ſort are of cure of ſouls and parishchurches: And nevertheleſs they are given to Cour…iers: Therefore wee deſire that there may be an Act of Parliament, that all Proveſtries and Prebendaries joyned with cure of ſouls may be given to none, but to Miniſters: and ſo many as are given, may be null in time coming. And that Prebendaries which were founded for Schools or Maſters teaching there, be given according to the foundation to Maſters for inſtructing the youth: and if theſe be diſponed otherwiſe, the diſpoſition to be null. Follow anſwers unto theſe. Unto 1. Will. Cryſteſon, Andr. Melvin, Thom. Smeton, Alex. Arbuthnot and James Lowſon are appointed to conſider of an order therein, and to report their judgement. 2. The firſt part is agreed unto: and where are no Presbyteries, the Commiſſioners are to continue for that effect as before. 3. The Church hath named Commiſſioners. 4. Ordaines to adviſe with the Clerk-Regiſter upon an anſwer unto the Kings Letter. … 5. Referreth the form to be conceived in writ by David Lindſay and Patrick Adamſon betwixt eicht and nyne. 6. It is agreed to be propounded. The 7. is referred to the particular elderships, and whenſoever diſputations may be had, the Church thinks them good. 8. The Acts of the aſſembly should be put into execution by the Presbyteries. 9. Ordaines this article to be craved, being firſt well qualified; and ſo the 10. and 11. and 12. and alſo that the Church proceed againſt the violaters of the ſabboth day, and mantainers of them. The 13. & 14. are agreed. 12. Becauſe by the many diviſions and deadly feades in all quarters of the realm, not only is the word of God and true religion burdened with ſlanders, but the Common wealth is enormly wounded, and all good diſciplin and order confounded.......herefore the aſſembly enjoyneth certain perſons in ſeverall places, to travell earneſtly for reconciling the differing parties, and to require them in the name of God, to live in unity and peace, as it becomes the members of one body.......as they wold shew themſelves ſons of peace. 13. The aſſembly gives commiſſion to two Barons, ſeven Commiſſioners of burghs, and the Miniſters of the Kings houſe and of Edinb. with Ro Pont, Da. Lindſay, Pa. Adamſon, An. Melvin and ſeven others or any eight of them, To preſent unto the Lords of the Art…cls of the Parliament, ſuch heads as shall be given unto them by the Church: theſe heads and a ſupplication unto the King were read and allowed: but are not in the Regiſter: only in Seſſ. 22. ordaines a ſupplication to the King and Lords of the Articles, that no Act be paſt in Parliament repugnant to the true word of God, and namely concerning Bishops. The Parliament began at Edinburgh October 24. where firſt was an Act ratifying all former Lawes and Acts made …or the liberty of the true Church and religion preſently profeſſed within the realm; and a particular enumeration of theſe Acts: another Act for proviſion of Miniſters and certain ſtipends for them at all parish-churches, one againſt the dilapidation of the rents of Benefices, that are provided to Miniſters; one, that all Benefices of cure under Prelacies shall be given to Miniſters only, and all other gifts of them to be null: one, againſt blaſphemy and oaths with penalties according to the quality of ſeverall trauſgreſſors; one, againſt them that paſſe in pilgrimage or ſuperſtitiouſly to wells, chapells and croſses, and the obſervers of papiſticall rites; one for explication of the Act againſt notorious adultery, to wit, it shall be judged notorious adultery, where children one or mo are procreat betwixt adulterers; or when they keep company & bed together notoriouſly known; or when they are ſuſpect of adultery, and thereby give ſlander, and thereupon being duly admonished to abſtain and ſatiffy the Church by repentance or purgation, and contemptuouſly refuſing, are excommunicat for their obſtinacy: all and every one being in any of theſe three degrees are made lyable to ſuffer death. Another Act was againſt all Papiſts practizing againſt the true religion, by diſperſing libels in praiſe of the Pope; or ſeducing the people, &c. Obſerve. 1. That in all time preceeding was no oppoſition or variance betwixt the King and the Church: In the aſſemblies the Kings Commiſſioners conſented unto their Acts, and namely unto theſe concerning the Policy of the Church (excepting that part de Diaconatu, whereunto neither did all the Miniſters conſent) and his Commiſſioner did conſent unto the regiſtring of the book of Diſcipline, in the Regiſter of the Aſſembly: and the King appointed Commiſſioners, to concur with the Deputies of the Aſſemblies in the conſtitution of Presbyteries before the framing and publishing of the ſecond Confeſſion of faith; as at that time was not a Bishop in the church, who was not ſubject unto the aſſemblies and presbyteries; yea and they were emploied (as deputies) to procure and ſupplicate againſt the power of epiſcopacy. But neither could the book of diſciplin be eſtablished, nor epiſcopacy be forbidden by Act of Parliament, not for any reſpect of diſcontent againſt the book of diſciplin, or for any intention to reſtore epiſcopacy in the Church, but meerly upon account of Civill intereſt; and the main reſpect was the ſecuring of poſſeſſions depending upon the title of Bishops. 2. Obſerve that the firſt variance between the King and the Miniſters was upon reſpect unto the Duke of Lennox; and that was for two particulares; one, that when the Duke came into the country, many Papiſts came alſo into the Country and Court, and began to practize ſo, that (as Bishop Spotſwood in The Hiſtory Pag. 308. shewes) the Papiſts aſſembling together in Paiſley, did in deriſion ſing a Soule maſſe for the Miniſters, as if they and their religion had been utterly gone. Wherefore the Miniſters in their Sermons did regrate the countenance given to Papiſts in the Court; and the dangers whereinto both the King and countrey were brought by the ſecret practiſes of the French. John Dury and Walter Balcanquall were ſummoned, to anſwer before the Counſell for this their liberty of ſpeaking in their Sermons: they obey, and compear, and alledge, that the Counſell was not their Judge in ſuch a cauſe. The matter being notoriouſly known, and regrated by many, the Miniſters were diſmiſſed at that time. In time of the Aſſembly (as is before) Walter Balcanquall had ſpoken again to the ſame purpoſe; and when the gentle man was ſent unto the Aſſembly, but would not be the accuſer, and the Aſſembly would not proceed againſt the Miniſter without an accuſer; the King was not wel-pleaſed, but knowing the difficulty to find an accuſer, would follow the buſineſs no more. The other particulare is related in the now-named Hiſtory Pag. 316. The See of Glaſgow being then void, it was ſuggeſted unto the Duke by ſome flatterers, that he had a fair occaſion preſented, to make himſelfe Lord of the City, and of the lands pertaining to that bishoprick, if he would only procure a gift thereof to ſome one, that wold make a diſpoſition thereof to him and his heirs. The offer was made to ſundry Miniſters who all refuſed, becauſe of the required condition: at laſt the agents in this buſineſs fell upon Robert Mongomery Min. at Sterlin; he was content to accept it. Thereupon a gift was formed, and a Bond given by him, that how ſoon he shall be admitted Bishop, he should diſpone the lands, Lordship and whatſoever belongs unto that prelacy, to the Duke and his heirs, for the yearly paiment of a thouſand pounds Scots, with ſome horſe-corn and poultry. The Aſſembly hearing of this bargain, do charge this Robert to anſwer, as is before: and more followes. So particular reſpects of men unto the Church-revenues were the cauſe of difference betwixt the King and the Aſſemblies. 3. Wee ſee, that notwitſtanding that litle variance betwixt the King and the Aſſembly, yet the the King deſerteth not the Miniſters, but in the Parliament by his zeal to piety he procureth ſundry Acts in favors of Miniſters, and againſt impiety and ſuperſtition and wickedneſs. 4. Wee have heard a modifying of Miniſters ſtipends, which may ſeem very ſmall: but I have ſeen aſſignations unto paiment: and there they were aſſigned to a chalder of barly for 20 pounds: and to a chalder of oat…eall for 20 Marks; whereby the ſtipends then, may be compared with the ſtipends thereafter. 5. It is plain now, that what power was before given to Superintendents or Commiſſioners or Viſitors, is declared to appertain unto the Presbyteries, and provinciall Synods: and all power is taken from theſe Commiſſioners, where a Presbytery was. This was the eſtate of the Church, when the Confeſſion was ratified by the Aſſembly.