History of the Catholic Church from 600 to 1600, Ecclesiastical epoch 1300-1600 · Century 16 · Part 3 · Chapter 4 · Floating text – Letter

History of the Catholic Church from 600 to 1600 · Ecclesiastical epoch 1300-1600 · Century 16 · Part 3 · Chapter 4 · Floating text – Letter

p. 432Wee by tenor hereof, with the advice of the Lords of our Secret Counſell, give, and grant authority, full power and commiſſion to our right truſty and welbeloved friends, James haliburton......And Col. Wi. Stuart coniunctly and ſeverally, for us & in our name, To paſs unto the Generall aſſembly of the Church of our realm, and there to hear and conſider the matters propounded, tending to the advancement of Gods glory and his true religion, the correction of manners, and retaining the eccleſiaſticall matters in decent & comely order, as the word of God allowes; and to report the matters propounded and treated, unto us for our allowance and ratification of the ſame, as appertaines, and generally all and ſundry other things to do, that to the furtherance and aſſiſtance of all godly & good matters is neceſſarily required, firm & ſtable........

Subſcribed with our hand at Halirudhouſe October 10. 1582. and of our reigne the 16. year.

IV. The places where the Provinciall ſynods shall conveen, should be changed, as the brethren thereof shall judge, that no ambition growe by continuing in one place. V. Seing great ſcandall ariſeth by the impunity of Bishops being altogether out of rule, the Church thinks expedient, that the Kings Commiſſioners the Lord Boyd, the Laird Caprinton with the Moderator and his aſſeſſors conveen, and ſolidly adviſe upon ſome ſubſtantious order. VI. The Lord of Paiſley in name of ſome Noblemen, gives the Church to underſtand, the grounds moving them to that late action at Ruthven, to wit, the danger they perceived of the Church and religion, the evident perill of the Kings Majeſty and his eſtate, and the confuſion and miſ-order of the Commonwealth, whereof as they feell good teſtimony in their own conſciences, So they crave the Aſſembly would shew their good liking of the ſame, and give ordinance to each Miniſter at his church, to declare their good ground and action, unto their flocks, exhorting all Noble men & others whatſoever, faithfully to concurr with them in this good cauſe, to the full proſecution thereof. Then it was enquired by particular voting, Whither theſe perills and every one of them, whereof the information was made, was ſeen or perceived by the brethren? It was voted univerſally, affumativè. And to the end, the Kings mind may be alſo known in this particulare, Ja. Lowſon, David Lindſay and the Kings Miniſters were directed to wait on the King to morrow after noon, to conferre of theſe dangers, and to report his anſwers. Their report was that his Maj. ſaid, There was perill to religion, and indirect courſes were taken to the hurt thereof, whereunto his own perill was joyned: for he eſteemes his ſtanding to be joyned with the ſtanding of religion; As alſo he acknowledges ſundry abuſes in the realm, and that all good men should concurr of duty, to take away danger from the Church & from his perſon & eſtate; and to the reformation of the Common well. As for theſe things the Noble men craved, three were appointed to frame an Act concerning them, and shew it in the next Seſſion. That form was ſent unto the Commiſſioners of the town of Edinburgh to be adviſed by them p. 433apart: and then was voted and agreed-unto by the Aſſembly. VII. The Aſſembly conſidering the ſcandall by the impunity of Bishops, to the grief of good men, gives commiſſion to the particulare presbyteries after ſpecified to ſummon and call before them the Bishops in manner following, that is, the presbytery of Perth shall ſummon the Bishop of Murray; the preſbytery of Edinb. the Bishop of Aberdien; the presbytery of Merns, the Bishop of Brechin; the presbytery of Dundy, the Bishop of Dunkell; the presbtery of Glaſgow, the Bishop of Santandrews; the presbytery of Sterlin the Bb. of Dunblain and Iſles; and to accuſe them and every one of them in all or part, as they are guilty, to wit, of non-preaching and Miniſtration of the Sacraments; of negligence in doctrin & diſciplin, haunting or frequenting the company of excommunicat perſons; waſting the patrimony of the Church; ſetting tacks againſt the Acts of the Church, giving Collation of Benefices againſt the ſaid Acts; and finally for giving ſcandall any way in life & converſation; And after due tryall, proceſs & conviction, to put order unto every one of them, according to the quality of their offenſe and Acts of the Aſſembly, Before the next meeting of the Aſſembly, As they will anſwer, &c. VIII. It is judged moſt expedient, that Colledges and Univeſities be viſited: and commiſſion is given to certain Noble men and Miniſters, to concurr with ſuch as the King and Counſell shall direct with them in viſitation of all the Colledges, And to conſider, how the rents and livings of every one of them are beſtowd; how the doctrin is uſed by the Maſters and Regents; whether it be correſpondent to the Act of Parliament; how order in diſciplin is keept among the ſtudents; And as they find diſorder or defection, to take order there with, according to the Act of Parliament▪ IX. In Seſſ. 11. the [Sumner, or] Officer of the Church declares, that whereas he was directed to ſummon the Kings Advocat to compear before the Aſſembly, he could not find him, for he is in Hermeſtoun. A citation is directed to ſummon him to compear on wedneſday next, and anſwer, whither he was the Former of the ſlanderous proclamation in July againſt the Miniſtry, and for oppoſing the lawfull proceedings of the Church; Certifying him, if he compear not, the Aſſembly will proceed, as appertaineth. In Seſſ. 17. the Kings Advocat compeareth, and adviſeth the Aſſembly to conſider, whither they will allow their form of proceeding againſt him being a ſervant of his Majeſty, that he only is called upon the alledged forming of a Proclamation given out in the K^s name, under the title of A declaration, and concluded by authority of His Counſell; and as they shall find by their wiſdom, he will not contemptuouſly refuſe to anſwer. After conſideration it was judged, that in reſpect of the ſlander ariſen by his perſon, he may and should give his declara…ion, for removing the ſlander. He is content, and openly takes God to witneſs, that he neither invented nor formed nor penned that proclamation, but at the deſire of the Duke he tranſlated out of French into Scots the laſt part of it, and did nothing more in all that proclamation, Here with the Aſſembly was ſatiſfied, for his part. X. The Earle Both-well declares, that as he profeſſed the true religion now preached within the realm, before his departure, ſo he hath continually lived, and mindeth to live and die with it by Gods grace. X. Some burgeſſes of Glaſgow were ſummoned to compeare. The Laird of Minto compeares, and confeſſes his fault. The diſciplin and otder to be uſed againſt him for the offenſe is rem…tted to the judgement and diſcretion of the presbytery of Glaſgow: and ſo of John Graham elder; and the presbytery should report what shall p. 434be done, unto the next Aſſembly. Archbald Hegget, John Graham younger, Hector Stuart, John Sprew…ll elder, Wil. Hegget and Robert Stuart are called, and compear not. They are condemned of contumacy, that being at ſeverall times ſummoned to anſwer for haunting or uſing the company of Ro. Mongomery after his excommunication was intimated unto them, and for other enormities done againſt the Church, they have deſpiſed the voice thereof: they are ordained to make their publick repentance in the Church of Glaſcow, after the form to be preſcribed by the presbytery, unto whom the execution of this ſentence is committed. Colin Campbell, Malc. Stuart, Hect. Stuart, Jo. Graham elder, Gawin Graham and Archb. Hegget were ſummoned to anſwer for the violence done to Jo. Howeſon in the presbytery: they are called: none of them compeares, excep John Graham (of whom before) and Gawin Graham. The Aſſembly ordaines the others for their violence and diſobedience to be excommunicat in the church of Glaſgow by D. Weemes, with advice of the Presbytery. XII. Articles were read and allowd as meet to be propounded; Seing the Juriſdiction of the Church is granted by God the Father throgh our Mediator Jeſus Chriſt, and given to theſe only, who by preaching and overſeeing bear office within the ſame, To be exerciſed not by the injunctions of men, but by the only rule of Gods word; That an Act of Parliament concerning the liberty and juriſdiction of the Church be ſo plainly declared, that hereafter none other under whatſoever pretenſe have any color to aſſcribe or take upon them any part thereof, in placing or diſplacing Miniſters of Gods word, in ſpirituall livings or offices without the Churches admiſſion, or in ſtopping the mouths of preachers, or taking upon them the judgement and tryall of doctrin, or of hindering or diſ-annulling the cenſures of the Church, or exeeming any offender there from. 2. That the Presbyteries conſiſting of Paſtors or Teachers and ſuch as are commonly called Elders according to Gods word, and now according to his Ma^s direction appointed in diverſe parts of this realm, for diſciplin and keeping order in eccleſiaſticall affaires, Be approved & eſtablished by authority; and paines preſcribed againſt them that ſtubbornly oppoſe themſelves. 3. That the Synodall aſſemblies conſiſting of ſundry Presbyteries, and Nationall conſiſting of the wholl, be approved; and by vertue & Act of Counſell preſently, and of Parliament hereafter, have power to conveen ſo oft as occaſion shall require, to adviſe, treat, conclude and make ordinances in ſuch things as concern the well of the Church and their charge in doctrin and diſciplin, with liberty to appoint times & places for that effect. 4. That Presbyteries and ſuch as they will direct of their own number, have the ſame power in deſigning manſes & gliebs, and repairing of Churches, as Bishops or Commiſſioners had before. 5. That every Church have their ſeverall Paſtor, to be ſuſtained on the tyths of the parish, where he ſerves; and to that end, the manſes of churches, that are annexed to great Benefices or prelacies, be diſſolved; penſions given out of the tiths, and tacks of the ſame ſet by the Collectors or poſſeſſors, may be revoked, &c. Likewiſe a Supplication unto the King and Counſell was read, for redreſs of many enormities. 1. That the ſlanderous proclamation at Perth July. 12. and published in all townes and parish-churches, and to the perpetuall infamy of Gods ſervants is printed, may be peruſed and diligently conſidered, and triall be made, whither any Miniſter be culpable of ſuch odious crimes, and if they be culpable, that they be punished with all rigor of law; And otherwiſe, that the givers out of ſo blaſphemous reports. and deviſers and diters of that infamous p. 435libell, be punished accordingly; And that by Act of Counſell and open proclamation, the Miniſtry be declared innocent of ſuch wicked and hainous crimes. 2. That the unaccuſtomed violence uſed againſt Jo. Howeſon, drawing him out of the ſeat of the presbytery......And againſt David Weemes Miniſter, be ſo punished, that none be bold to attempt the like hereafter. 3. That Colin Campbell, Archbald, and Wi. Heggets burgeſſes of Glaſgow with their complices be punished according to juſtice for the uproar made by them againſt the Students, and shedding their blood. 4. that the proclamation lately made for the liberty of the Aſſemblies may be enlarged and more plainly cleared. 5. That your Lp^s will give his Majeſty to underſtand, how wicked inſtruments they are, who perſuaded his Gr. to allow and take upon himſelf all the miſchiefs and ungodly proceedings, whereby his Gr. and the Church & Country were brought into ſuch miſery and danger. 6. That all Acts of Counſell made againſt Presbyteries & aſſemblies, charging them to deſiſt from proceeding in diſcipline and eccleſiaſticall cenſures againſt ſcandalous perſons, be annulled and deleted; and the Act made againſt J. Dury. 7. That his Majeſty and Lords will weigh what great inconvenients and abſurdities fall out upon the Act of Counſell made concerning the abſolute power; and for removing them, to delete that Act, never to be remembred. 8. That his Gr. and Lords provide & carefully foreſee, that by wicked practiſe of dimiſſion or aſſociation of authority, the Church, the Kings Majeſty and country be not hurt, and that the ſame be ſtayd in time. 9. That the ſtipend appointed unto the Miniſter of Sterlin, and now wickedly purchaſed by Ro. Mongomery to his young ſon, be reſtored for ſuſtentation of a qualified man, to teach that flock, which by his ungodly dealing and apoſtaſy hath been deſtitute ſo long time. 9. That it would pleaſe your Majeſty and Lords to have compaſſion upon that Noble and godly man James Hamilton Earle of Arran, ſomtyme a comfortable inſtrument in Reforming the Church of God, and now viſited by the hand of God, and bereft under pretence of Law. 10. That Commiſſioners be deputed in each part for viſiting the Colledges. The Aſſembly gives commiſſion unto nyneteen Miniſters with the Miniſters of the Kings houſe, to preſent this Supplication unto the K…ng and the Eſtates now conveened at Halirud houſe, or unto the Parliament, when it shall be holden; crave anſwer, &c. In the next Seſſion theſe brethren report, that the Lords crave the advice of the Church, who should ſit in their names, to vote in Counſell and Parliament, ſeing now they are about the taking order for a Counſell conſiſting of three Eſtates. For better reſolution in this particulare, it was thought meet, to enquire of the Lords what is their meaning in this propoſition. In the following ſeſſion, anſwer was returned, that the meaning is, Whither the Church will conſent that ſome of the Bishops should for the Church be upon the Counſell. The aſſembly reſolves, they can not agree, that any shall vote in name of the Church, but they who bear office in the Church, and are authorized with commiſſion thereunto. Two Miniſters are appointed to return this a…ſwer unto the Lords. In this Convention of Eſtates nothing was done in the affaires of the Church: they were all for ſecuring themſelves.

XX. On January 28. year 1583. the King withdrew himſelfe from the 1583. Another change of Court.Nobility, that had ſeparated the Duke and Arran from him, and he went unto the Caſtle of Santandrews, untill he ſent for other Noble men to be of his Counſell; and the entituled Earle of Arran was let out of Duplin, and came unto the King: whereupon in the end of that year followed great p. 436alteration. The Generall aſſembly conveenes at Edinb. April 24. Tho. The 45. Aſſembly.Smeton is choſen Moderator▪ I. Three Miniſters were ſent unto the King, to humbly deſire Commiſſioners for aſſiſting the aſſembly in treating and concluding, &c. And ſeing his Majeſty had ſent Ambaſſadors into England, that he would be pleaſed, to endeavoure an union be made betwixt the two Kingdoms and other Chriſtian Princes and Nations profeſſing the true religion, againſt the perſecution of Papiſts and them that are confederat in that bloody League of Trent: and alſo that her Majeſty would disburden their Brethren of England from the yoke of ceremonies impoſed upon them againſt the liberty contained in Gods word. Likewiſe in Seſſ. 5. others were ordained, to ſupplicate his Majeſty earneſtly, that the French Ambaſſador may be ſent away, becauſe his travell is ſuſpected to tend againſt religion and the Commonwell: That a Jeſuit Holt may be tryed, and according to his offenſe punished: That the Lord Seton's ſon may be accuſed for his Letters unto Jeſuits: That a brother of Cambo refuſing the cenſure of the Church, violating the K^s Lawes and practizing againſt religion, may be ſummoned according to the law: That the Abbot of Holywood have no licence to depart out of the country: And concerning D. Chalmers a Papiſt. II. The Proveſt of Dundy and the Laird of Coluthy his Mas. commiſſioners crave that breethen may be authorized with commiſſion to treat and conclude in ſuch particulars, as his Majeſty hath to propound. The aſſembly anſwereth, They have found by experience …ota.that commiſſion given to conclude, hath done hurt unto the Church. And where they are bidden, not to medle with novelties, they intend none. III. Sundry references from Synods and presbyteries are diſcuſſed, as one againſt the Bailives of Santandrews for a ſcandalous Letter published by them in preſence of the congregation March 17; Another from Glaſgow, where Gawin graham and his complices were excommunicate, and then upon repentance crave to be abſolved: they are remitted to their own presbytery, after evidence of their repentance to be abſolved, &c. The aſſembly conveenes at Edinburgh October 10. Robert pont is choſen The 46. Aſsembly.Moderator. I. The aſſembly is thinn: Provinces are marked which have ſent none; and commiſſiones, wherein all the commiſſioners come not; that order may be conſulted upon to correct them. II. When an Act is concluded in the Generall aſſembly, and no juſt cauſe interveenes to make a change of it, it shall not be lawfull for any particular brother to call it into queſtion in another Aſſembly. III. The Commiſſion for viſiting the Colledges is renued. II II. Becauſe Commiſſioners are appointed, and ſomtimes they depart before they have gotten their commiſſion; It is ordained that the Moderator receive from the Clerk the extract of every commiſſion, and ſend it timouſly unto the brethren. IV. Ordaines every preſbytety to call before them the Beneficed men within their own juriſdiction, and take account, how they have obſerved the Acts of the Aſſembly, concerning the diſpoſition of their church-livings, and a juſt report to be made unto the next Aſſembly by the Moderator or their Commiſſioners, as they will anſwer unto God and his Church. And whereas ſome old poſſeſſors of taks, pretend ſome particular reaſons, why the Church should conſent, It is ordained, that ſuch exceptions shall be firſt examined by the presbytery of that place, and then returned unto the aſſembly, that the ſuit may be decided according to equity. V. The proceſs led by the presbytery of Santand. againſt Aleſon Pierſon, with the proceſs led by the ſame presbytery againſt Pa. Adamſon, and the proceſs of the Synod of Fife juſtifying the p. 437accuſation led againſt the ſaid Patrik, is exhibited, and continued. VI. In Seſſ. 5. a ſupplication is read and allowed, to be ſent unto his Majeſty, as followes; Sir, the ſtrict commiſſion wee have received from the Eternall our God, when in this your Ma^s realm wee were made watch-men of his people, and the fear full threatnings pronounced againſt theſe, who neglect to execute faithfully every part of their weighty charge, compell us, preſently to have recourſe unto your Majeſty, perceiving things to fall forth to the great prejudice of Gods glory, and no ſmall appearance of utter wreck of this Church and Common well, unleſs ſome remedy be haſtily applied; moſt humbly therefore beſeeching your Majeſty to weigh diligently and conſider theſe few heads, which with all reverence and obſervance wee do preſent, looking for a gracious anſwer and ſpeedy redreſs thereof. 1. It is a great grief to the hearts of all them who fear God, to ſee apoſtates, ſworn enemies to Chriſt, to your Gr. and all your faithfull ſubjects, (forfeited for their treaſon, ſome alſo ſuſpected and heavily bruited for the murder of the moſt noble perſon your umquhile Father, impugners of the truth by word and writ) continuing ſtill in their wickednes and unreconciled unto the Church, To receive from your Majeſty the Benefit of pacification, to the prejudice of faithfull Miniſters, whom they labour violently by that means to diſpoſſeſſe. 2. That others from their youth nourished in the Church of God, and thereafter fallen back fearfully, and becom open runagates and blaſphemers of the truth, and maintainers of idolatry and of the man of ſin lieutenant of Satan, and oppreſſors of Gods people; and nevertheleſs are received into Court, authorized and ſo far countenanced, that they are become familiar with your Majeſty, whereby (beſids the grief of your faithfull ſubjects) many are brought to doubt, what shall enſue upon ſuch beginning. 3. That an obſtinat Papiſt ſent into the Country, to practize againſt God and quietneſs of your Gr. eſtate, and therefore as worthy of death was impriſoned at your M^s command with promiſe that he shall not eſcape punishment, yet (as wee underſtand) was by indirect means let depart, and no tryall made to find out the author of his delivery 4. That your Majeſty ſeemes to have too much liking of the enemies of God alſwell in France as ſome within this realm, who have never given teſtimony of any good meaning either in religion or your Majeſties ſervice, beſides the irreligious life and diſſolute behaviour of them, which in your Ma^s ſervice have ſucceeded to men, that were known zealous in Gods cauſe, and faithfull to your Gr. from your tender age. 5. Since your Majeſty took the Government in your own hand, many promiſes have been made, to take order for preſerving the Church of God, and continuance thereof unto poſterity, yet after long and continuall ſuit, nothing is performed, but in place of redreſs, the Church is dayly bereft of her liberties & priviledges. 6. The thirds are ſet in tacks for ſums of money, in defraud of the Church, ſo that Miniſters hereafter cannot be provided. 7. Abbecies are diſponed, without any proviſion made for the Miniſters ſerving at the churches annexed thereunto, directly againſt the Act of Parliam. 8. Church-livings are given to children, and tranſlated into temporall Lordships. 9. There is no punishment for inceſt, witchcraft, murder, abominable oathes and other horrible crimes, ſo that ſin encreaſes dayly, and provokes the wrath of God againſt the wholl country. 10. Oftyms your Majeſty interpones your authority by Letters of horning, to ſtop the execution of the Acts made in the Gen. aſſembly, in matters belonging properly unto the Church, and no way concerning the p. 438Civill eſtate. 11. There is a ſore murmur among your Majeſty lieges, and a lamentable complaint, that the Lawes of the Country have no place, and none can be ſure of his life, lands nor goods: Theſe things threaten a miſ…rable confuſion and the heavy hand of God to enſue. Laſtly wee moſt humbly beſeech your Majeſty to ſuffer us lament this great diviſion among your Nobility and ſubjects, the one part ſeeking by all means poſſible for their intereſs, to perſuad your Majeſty to undo the other, whereby continuall ſtrife, malice and rancor is foſtered, to the great danger of your Ma^s perſon, Whom God preſerve unto his Church and this your country; Beſeeching your Majeſty for the tender mercy of God, to call unto your Majeſty ſome of the wiſe, diſcreet and indifferent, and by their counſell to make a Moderate order, that unquiet ſpirits may be ruled, good men cherished, and the hearts of all your ſubjects united to the maintaining of God… glory, preſervation of your Majeſty and eſtate, and the comfort of all them, who bewail this miſerable diſſolution. With this ſupplication, particular inſtructions were given unto the Commiſſioners for declaring theſe heads. 1. How heavily the godly are offended, and all the Church is ſcandalized, that David Chalmers a man notoriouſly known unto his Majeſty and Counſel, to be not only a profeſſed enemy againſt the truth of religion, and plain practizer againſt it, but againſt his Ma^s authority & eſtate in all parts where he traveleth, having alſo lying upon his head the vile bruit and common ſuſpicion conceived (in the hearts of many upon no ſmall & obſcure preſumptions) of the cruell and barbarous murder of the moſt Noble perſon of his Ma^s Father of good memo…y, Is ſo ſuddenly, and with ſo ſmall account entred in favor, and received his Ma^s pacification, with Letters to diſpoſſeſſe faithfull Miniſters of their livings and poſſeſſions, no due ſatiſfaction being made to the Church; a matter importing no leſs prejudice to his Mr^s noble eſtate, and that touching his Majeſty in the hieſt point of his honor: and therefore his Majeſty would be moved to look wiſely upon the conſequents of this; and in conſideration of this weighty grief would call back and ſuſpend the effect and force of any thing granted unto him, and the charge given to his repoſition, untill that after juſt & lawfull tryall his innoceney be agnoſced, and the Church ſo much offended in his perſon, be ſatiſfied; and the ſame ſatiſfaction, to be returned unto his Majeſty from the Church. 2. The young Laird of Fintry directed into this Country (as wee are ſurely informed) to practize with his Majeſty and his lawfull Subiects, for overthrownig of religion by power of friends now in Court; and whereſoever he comes, plainly maintaines papiſtry, and under color of conference (which by all means hy flyeth) doth great ſcandall in the Counrry. The third article is notoriouſly known. By the 4. Article is meant the King of France, the Duke of Guiſe and other Papiſts there; and alſo within the Country; as, the Earls of Huntley, Crawford and others. The Church is hurt in her priviledges & liberties, as will appear in the article, and as followes; tacks of the thirds of Hadingtoun and Santandrews are ſet to the Laird of Seagy: the Abbey of Arbroth to that Abbots young ſone: and the Abbot of Newbotle's ſone is provided to that abbey. The 9. and 10. are known, as John Gairden is provided to the parſonage of Fordyce in the ſixty year of God, and ſtandes ſtili titulare: the Kings Majeſty hath ſer in tack the frutes of that Benefice to Rob. Stuart of Todlaw, and command is given to the Lords of Seſſion to grant Letters upon theſe tacks. Alexander Arbuthnot is charged againſt the Acts of the Church, to continue in the Colledge of p. 439Aberdien, Under pain of horning. The Miniſters of the Chapter of Halirudhouſe are charged by Letters of horning to ſubſcribe a gift of penſion to the Parſon of Pennicook's wife and ſone for their lyftimes, againſt the ſame Acts, &c. VII. The Act made Octob. 30. year 1576. concerning ſetting fues and tacks of Benefices and Church-livings, is ratifyed with this declaration, that under the ſaid Act are and shal be comprehended all penſions, factories and whatſoever diſpoſition of a Benefice or any part thereof, without the conſent of the Generall Aſſembly; And the diſponers thereof shall incurr the penalty contained in the Act of July 2. year 1578. VIII. The Synod of Lothian craves, that the Aſſembly take order with John Spotſwood for ſetting a tack of his Benefice, without conſent of the Aſſembly. It is ordained, that this particular be tryed by his own presbytery, and be reported unto the next aſſembly. IX. Miniſters bearing with people going in pilgrimage unto wells hard by their houſes, not only without reproof, but entertaining them in their houſes; and who diſtribute the communion unto their flock, and communicate with ſuch guilty perſons, deſerve deprivation. X. Becauſe by reading profane authours in Schools, wherein many things are written directly contrary unto the grounds of religion, eſpecially in the Philoſophy of Ariſtotle, the youth being curious & inſolent, do oft drink-in erroneous & damnable opinions, and grounding them upon the britle authority of theſe profane writers, do obſtinatly maintain their godleſs opinions in diſputation and otherwiſe, to the great ſcandall of the ſimple: Regents and Teachers in Schools should vigilantly take heed, if any thing be written in the profane Authours againſt the grounds of religion, in teaching theſe, they shall note and mark the places, confute the errors, and admonish the youth, to eſchue them as falſe; and namely in teaching philoſophy to note theſe propoſitions following, as falſe and condemned by common vote of the Church; Philoſ… phicall errors.1. Omnis finis eſt opus aut operatio. 2. Civilis ſcientia est praeſtantiſſima, ejuſque ſinis praestantiſſ…mus eſt ſummum hominis bonum. 3. Honeſta & juſ…a ſunt varia & inconſtantia, adeò ut ſola opinione conſtent. 4. Juvenes & rerum imperiti & in libidinem proclives ab audienda morum Philoſophia arcendi. 5. Quod aliud ab aliis bonis & per ſe bonum eſt, & cauſa cur caetera per ſe bona ſunt, non eſt ſummum bonum. 6. Dei agnitio nihil prodeſt artifici ad hoc, ut arte ſuabene utatur. 7. Summum bonum vel minimi boni acceſſione augeri vel reddi potest optabilius. 8. Pa…per, deformis, orbus aut infans non poteſt eſſe beatus. 9. Bonum aeternum bono unius diei non eſt magis bonum. 10. Foelicitas eſt actio animi ſecundum virtutem. 11. Poteſt aliquis ſtudio ſuo felicitatem comparare. 12. Homo in hac vita & eſſe & dici potest beatus. 13. Poſt hane vitam nemo potest vel eſſe vel dici beatus, niſi propinquorum vel amicorum ratione. 14. Naturâ apti ad virtutem, eam agendo comparamus. 15. Virtus eſt habitus electivus in ea mediocritate poſitus, quam ratio prudentis praeſcribit. 16. Libera eſt nobis voluntas ad bene agendum. 17. Mundus est Phyficè aeternus. 18. Caſus & fortuna locum habent in rebus naturalibus & humanis. 19. Res viles & inſeriores non curat Dei providentia. 20. Animae pars una vel etiam plures ſunt mortales. 21. Et quaecunque hinc pendent vel neceſſariò ſequuntur. And if any shall be found to do contrary to this act, the cenſures of the Church shall proceed againſt him. And alſo that no Maſter or Regent, or any other aſſert or defend any of theſe propoſitions, not with that addition, Phyſicè, probabiliter, or the like, Under the pain of the cenſure foreſaid. XI. In Seſſ▪ 16. His Ma^s anſwers were returned from Sterlin. 1. Underſtanding the firſt point to be meant of granting the benefit of pacification unto David Chalmers, his Maſter, p. 440and knowing that man, to have been fotfeited only for that common action of his being at the field of Langſide (for which, pardon was granted to ſo many) he thought it no new or ſtrange thing at the requeſt of ſuch as moved him, to grant unto him the ſame benefit, which many others had obtained; yet no way intending to ſpare the due punishment of him or any other, that may be charged or found guilty of the murder of his deareſt Father, or that are or shall be adverſaries to the religion, or impugners thereof againſt the lawes; the execution of which he hath been, is and will be willing to further, 2. The ſecond head being particularly mean'd of Fintry, his M. wisheth the aſſembly to remember, how he hath dealt in that matter, and what teſtimoniall the Church of Edinb. gave him: nor hath his Majeſty hindered the proceedings of the Church againſt him, nor any other, but mindeth to hold hand thereunto according to the lawes. The third being meant of Wi. Holt an English man eſcaping out of the caſtle of Edinburgh, his Majeſty hath anſwered the Queen's late Ambaſſador; and it is no ſtrange thing to hear of a mans eſcaping: but what they underſtand by indirect means of letting him depart, his Majeſty being ſpecially informed thereof, will after due tryall ſee the offenders punished according to their deſervings. The fourth head being very Generall, his Majeſty thinks, the aſſembly will not judge it pertinent unto them, to have vote in chuſing his ſervants, or to be too curious of the occaſions of placing or removing them; nor of the intelligence twixt him and other Countries for entertaining Civill peace, from which no Princes or Common wealths abſtain, though being diverſe in religion. The 5. Head containing a generall complaint upon ſome ſpecialls appearingly expreſſed in the matters following, his Majeſty wisheth the Aſſembly, as they would be ſpecially & directly anſwered, ſo to form their petitions forbearing particular exampls, to ground their generall propoſitions; and to remember that ſince he took the Government in his own perſon, moe good lawes have been made for advancement of the Church and true religion, then were before: and the defect of the execution hath not been his default. The ſixth concerning the tack ſet to Seagy of certain victualls out of the ſuperplus of the thirds, which he had before in penſion, that is no new thing, nor any way prohibited: he could alſwell content him with the penſion as he had before, free of all paiment of duty▪ the neceſſary conſiderations moving to grant it, are well enough known to many: he is employd in publick ſervice, wanting the living whereunto he is provided in title during his father's life, and his ſervice is and may be neceſſary both to his Hi. and the Church. For any thing that may be thought omitted in the proviſion of Miniſters ſerving at the Churches annexed to Abbeys in the late diſpoſition of them, that is well ſupplied by the Act of Parliament: The execution whereof is ſtayed theſe two years in their own default rather then any other way, whill they have been craving their aſſignations continued as before, and as yet have not anſwered his meſſage ſent by his Maſter of requeſts, unto the Aſſembly at Santandrews: Nevertheleſs his Ma. made choiſe of certain Barons and others of good qualification, known to be zealous to the furtherance of that good work, hoping to have had the aſſignations formed before the Aſſembly, but being uncertain of the time appointed thereunto, this year is doubtfull, if they come to Edinburgh: But if they come, his Maj. shall ſent them direction to proceed, and alſo other things moſt needfull shall be reſolved without delay. Concerning the giving of church-livings to children, and tranſlating them to temporall Lordships, his Majeſty conſidereth his own loſſe, and p. 441hinderance of his ſervice there-in: Whatſoever abuſe hath entred before he accepted the government, time and the approbations of theſe proviſions by decriets of the Seſſion, have brought the matter unto that eſtate, as it can be helped no other way, but by the Parliament: unto which when it shall be propounded, his Majeſty shall hold hand to have all poſſible reformation thereof. The default of punishing vices mentioned in the. 9. head, and of the proviſion of the poor, and punishing vagabonds can not juſtly be imputed unto his Ma. who was ever willing to give commiſſion unto ſuch as the Miniſters thought meeteſt to execute the ſame. The. 10. head being generall, his Majeſty would be glad not only to have it explained, but to hear all good advices, that shal be offered for reformation of that which may be found amiſs, and how his lawes may have place, and juſtice adminiſtred to the confort & common benefit of all his good ſubjects. The 10. head is alſo very generall; as for that one exemple, the removing of the Principall of Aberdien to be Miniſter of Santandrews, his Majeſty truſteth, the aſſembly will not think that matter (the ſubſtance being well conſidered) to be either ſo proper to the Church, or ſo improper unto the Civill eſtate, but that his Hi. and Counſell had good ground and reaſon to direct his Letters as he did, upon the generall reſpect of the north country, wherein none was prejudged, ſeing there was no charge containing power to denounce at the firſt, but rather to do the thing required, or compeare, and show a cauſe in the contraty. What is ſaid before briefly of a proceſs againſt Pa. Adamſon, is cleared by The Hiſtoricall Narration, that he had a long and filthy ſicknes, and for curing it, he had ſought help of a witch: and recovering health in ſome meaſure, he in a preaching before the King declared againſt the Lords, which lately had guarded the King, and againſt the Miniſtry: for which he was warned by the Presbytery of Santandrews, and the witch with whom he had conſulted: and from the Presbyrery the cauſe was brought before the Synod of Fife. In the Aſſembly the proceſſe was found orderly deduced; and he had been warned by the Synod apud acta, to compear before the Generall aſſembly in October: for contumacy in not compearing, by the aſſembly he was ſuſpended from the office of the Miniſtry; and it was appointed that farther tryall should be taken of his life and corrupt doctrine. But he, pretending that he was going to the well of Spae for his health, purchaſed from the K. ſecurity, that during his abſence the church should not proceed againſt him, yet it was his purpoſe to ſtay in England, and there to ſeek the advice of the moſt corrupt ſort, for the overthrow of diſciplin in the Church of Scotland: for he thoughr that the ſureſt courſe, to keep his Benefice. At that time the Civill eſtate was more and more troubled: for they, who in the convenion of Eſtates Oct. 8. year 1582. vvere declared to have don good & neceſſary Service unto the K. and Country, and they with all their partakers were exonered of all action, that might be intended againſt them for what they had done at Ruthven; theſe [I ſay] a…ter Arran's returning to Court were charged to enter into warde particularly deſigned unto them. This they obeyd not (except the Earle Auguiſe) and therefore were denounced rebells: and when harder courſe was intended againſt them, they fled, ſome to England, others ro France, and ſome to Irland. The Miniſters were not ſilent at this time. Among others John Dury ſaid in a Sermon, As the blind man, whoſe eies Chriſt had opened, Joh. 9. when the the phariſies ſaid, Wee know this man to be a ſinner; did reply, Whither he be a ſinner, I know not, one thing I know, that though I was born blind, yet now I ſee, So whatſoever ſort of men theſe be, I knowe not; but this I know, that the Church p. 442was miſetably vexed and almoſt oppreſſed, but by theyr meanes it was delivered. For theſe words (likely otherwiſe delated) he was ſummoned, to compear before the Counſell: he ſtood to the defenſe of what he had ſpoken: and therefore he was confined in the town of Montros: ſoon after this the Min. there died, and the Church made choiſe of Jo. Dury to ſucceed▪, then the King gave him and his eldeſt ſon (enduring their lifes) a penſion of 200. pounds out of two Abbeys. There was more work with Andrew Melvin: in a Sermon as Santadr. he ſaid, Daniel propoundes unto Baltazar the example of his grand father Nebuchadnezar: and ſo it is the duty of the Miniſters of God, to lay before the Prince and people of their time, the examples of their anceſtors, if need require: But in our time, if any would ſpeake before the Court, what evill came unto James the fifth by familiarity of flatterers, that ſo the King would take heed of that kind of beaſts, they will ſay, That preacher leaves his text; and poſſibly he shall be accuſed of treaſon. For theſe words he was charged to appeare before the Counſell: He appeares, and when worſe words were layd unto his charge, he ſaid, His doctrin in pulpit should firſt be tryed and judged by the Presbytery. He was bidden ſubmit himſelfe unto the King and Counſell: by no perſuaſion could he be induced to ſubmit. The K. and Councell as his lawfull Judges proceed to examine witneſſes. He appeales unto the judgement of the Church, and ſaith, If the Church shall condem what he had ſpoken, he shall willingly ſuffer whatſover torment shall be inflicted on his body. At eight a clock at night he is charged to enter as priſoner into the caſtle within twelve hours. In the morning Arran changeth his warde, and before ſeven a Meſſinger of armes chargeth him, to enter into Blackneſs withim 24. hours: at that time his friends ſaid to him, They would take his life. …efore midday he went away to Berwick. After this, ſummons were directed againſt Andrew Hay, Andrew Polwart, Patrick Galloway and Ja. Carmichel Miniſters, to anſwer before the Counſell, for keeping correſpondence with the rebells. An. Hay compeares: nothing could be qualified againſt him: but upon ſuſpicion he was confined in the north. The others for not compearing were denounced rebells, and fled into England.

XXI. What Pa. Adamſon did in England, we shall have a hint of it anone: 1584. The Current Parliament.he returned in May, year 1584. by Act of Counſell a Parliament was appointed to ſit May 22. Becauſe there was no proclamation preceeding, they called it A current Parliament. The Hiſtoricall Narration ſaith, They who were privy to it, were of Arrans faction, or ſuch as durſt not oppoſe any thing: the Lords of the Articles were ſworn, to be ſecrete: they had fyve Seſſions in three daies: the doores were keept ſo cloſſe, that none of the Miniſtry could find acceſſe. Pa. Adamſon and Ro. Mongomery ſat as repreſenting the third Eſtate, and gave votes (forſooth) to make themſelves Bishops. The King and Parliament ſuſpecting, that the Miniſters of Edinb. would preach againſt their proceedings, ſent a charge unto the Proveſt and Bailives, to pull the Miniſters by force out of the pulpit, and committ them to priſon, if they did ſo. What was done in the Parliament, appeares by the Acts: Spotſwood hath the ſum of them, ſaying, The King's authority over all perſons, in all cauſes was confirmed; The declining of his Ma^s judgement, and the Councels, in whatſoever matter, declared to be treaſon; the impugning of the authority of the three Eſtates, or procuring the innovation or diminution of the power of any of them was inhibited under the ſame pain; All juriſdictions and judicatures, ſpirituall or temporall, not approved by his Higneſs and the three Eſtates were diſcharged; p. 443and an ordinance was made, that none of whatſoever function, quality or degree shall preſume, privatly or publickly, in Sermons, declamations or familiar conferences, to utter any falſe, untrue, or ſlanderous ſpeaches, to the reproach of his Majeſty, his Counſell and proceedings, or to the dishonor, hurt, or prejudice of his Highneſs, his parents & progenitors, or to medle with the affaires of his Hi. and Eſtate, under the paines in the Acts of Parliaments made againſt the makers & reporters of lies. While theſe ſtatutes were in framing, the Miniſters, who were informed thereof, ſent David Lindſay to entreat the King, that nothing should paſſe in Act concerning the Church, till they were firſt heard. Arran getting intelligence of this, cauſed arreſt him as one that keeped intelligence with England: and he was not permitted to come unto the King. The firſt night he was keept in Halirudhouſe, and the next morning ſent priſoner to Blackneſs, where he was detained 47 weeks. Ja. Lowſon and Wa. Balcanquall Miniſters of Edinburgh hearing that he was committed, fled into England, leaving a short writing behind them, to shew the reaſons of their departing. So Edinburgh was left without any preacher. Ro. Pont Miniſter of S. Cutberts, and one of the Senators of the Colledge of juſtice, becauſe of the miſregarde of the Church [as he pretended] in concluding theſe Acts; when the Heralds were proclaming them, took inſtruments in the hands of a Notary, of his diſſenting, and that they were not obliged to give their obedience thereunto. Which done, he likewiſe fleeing, was denounced rebell, and put from the place in Seſſion. Hereupon rumors being diſperſed, that the King was enclined to Popery, had made diverſe Acts to hinder the free paſſage of the Goſpell, and abolish all order and policy of the Church; Command was given to form a brief Declaration of his Ma^s intention, and to publish it for detecting theſe falſe rumors. In this declaration the occaſion that enforced the King to make theſe ſtatutes were ſet down, as the allowance of the fact at Ruthven, by the Aſſembly of the Church; Andrew Melvins declining the King and Counſell; the faſt keept [at Edinburgh] at the feaſting of the French Ambaſſadors; generall faſts indicted through the realm without the K^s knowledge; the uſurping of eccleſiaſticall juriſdiction by a number of Miniſters & gentlemen; the alteration of the lawes at their pleaſure, &c. And for ſatiſfying good people, ſtrangers alſ well as ſubiects, concerning his Ma^s good affection towards religion, certain articles were penned and ſubjoined to that Declaration, to make it appeare, that his Majeſty intended nothing but to have a ſetled policy eſtablished in the Church. But theſe things gave not much ſatiſfaction, and were replied-unto in pamphlets, which dayly came forth againſt the Court and rulers of it............All this ſummer troubles continued, the Miniſters being dayly called before the Counſell, and a great buſineſs made of their ſubſcription to certain articles concerning their obedience unto the Bishops: they who refuſe, had their ſtipends ſequeſtrat: which cauſed a great out-crying among the people, and made the rebells to be the more favored. The King, to rid himſelfe of theſe vexations, did call the principall Miniſters and having shewd, that all his deſire was to have the Church peaceably governed, he willed them to ſet down their reaſons in writing, why they refuſe ſubſcription, that he may conſider them, and ſatiſfy their doubts. They chuſe rather to propound the ſame by word, and after ſome conference were induced to ſubſcribe the Articles, this cauſe being added, agreeing with the word of God. So far there. This clauſe gave occaſion of contention: for the Miniſters did, p. 444declare, tha… they would be obedient unto the things that were commanded unto them according to the word of God; and in this ſenſe they would obey the Kings command. But the adverſe party took and expound ir as an acknowledgement, that epiſcopall Juriſdiction was according to the word of God, becauſe it was ſaid, They ſubmitted themſelves unto epiſcopall juriſdiction in ſuch things according to the word of God. The cauſes of depoſition of Miniſters not having vote in Parliament, were published in the Kings name; among theſe was one, the acceptation of the place of Judicature in whatſoever Civill or criminall cauſes, as being of the number of the Colledge of Juſtice, Commiſſary, Advocate, Court-clerke, Notary, the making of teſtaments only excepted; And, for not ſubſcribing the band and obligation deviſed by act of Parliament for dutifull ſubmiſſion & fidelity to our Soverain Lord, and shew their obedience to their ordinary Bishop or Commiſſionare appointed by his Majeſty to have the exerciſe of the ſpirituall juriſdiction in their diocy. So the power of juriſdiction was proper unto the King, and the exerciſe thereof was committed by him unto whom hee would; as I have ſeen his Patent committing unto John Erskin of Dun [who is there called, our wel beloved Clerk and our Commiſſioner in eccleſiaſticall cauſes] that exerciſe within the diocy of Brechin, Providing that his authority in any grave matter be limited and circumſcribed to the counſell of thretteen of the moſt antient wiſe and godly paſtors of the ſaid diocy, to be elected forth of the wholl Synodall aſſembly and allowed by Us with anſwer of our Privy Counſell or the moſt part of them. And to make cleare the eſtate of the Church at that time, I adde the ſubſtance of an epiſtle written then by Andrew melvin unto Divines abroad, and is to be found in Vindicat. Philadelph. pag. 54. It hath pleaſed the Lord ſo to bleſſe the endeavoures of his ſervants, that they have undertaken according to what is preſcribed in his word, and to increaſe the Churches of Scotland with ſo great and ſo incredible felicity heretofore, of his ſingulare bountifulneſs: But, alas! when wee do not anſwere unto ſo great and rare grace & bountifulneſs of God toward us, with ſuch thankfulneſs of hearts and performance of duties as became us; behold through a marvellous yet juſt judgement of God, Satan hath ſo blinded with ambition and avarice one thogh not of us, yet a Miniſter of the word among us, that forgetting (as one ſaith) decoriſque ſui, ſociûmque ſalutis, he continueth unceſſantly to confound heaven and earth, and to diſturb all things: for when he had deſerted his flock, and without knowledge of the Church had creept into Court; when he had not only in a moſt wicked manner entred into that falſe epiſcopacy riſing again out of hell, againſt which he had before foughten evermore, but alſo had taken that dominion, which he had in a Sermon and before a frequent Aſſembly after abjured, and by his ſubſcription at ſeverall cimes had renounced; when he had adioyned himſelfe unto the ſworn enemies of the Church and religion, in a baſe ſlavishneſs and moſt vile cauſe; when in doubtfull things, and deſparing of his health he had not only adviſed with witches, and with tears begged their help......And alſo had plotted with the Machiavilian Courtiers and the Pop's emiſſaries againſt the life of a very godly and religious man; for all which cauſes he feared rhe cenſures of the Church, to be diſcharged from the Office of preaching; he obtaines from his Royall Majeſty a free Ambaſſage to go into other countries, under color of ſeeking health, but as experience teaches, to vexe the Church......And ſo at London he carrying himſelf as an Amſſaſſador, had frequent conſultations p. 445with the Ambaſſadors of France & Spain; and with the Bishops there (for he abode there, and intended not to go further) he traduced the beſt ſubjects as ſeditious & traitors, and was altogether taken up with counſells, by which the moſt learned and faithfulleſt preachers in both the Kingdoms, are compelled now to be altogether ſilent and leave the Miniſtery, or to provide themſelves by flying & exile, or to ſuffer the inconveniencies of priſon, or againſt Duty & conſcience ſubſcribe unto the ambitious tyranny of Bishops, and the impiety of many rites. From him came theſe Archiepiſcopall Letters unto you and the brethren of Zurick, wherein by his cunning craft of faining and diſſembling he chargeth us with falſe crimes, and accuſeth the diſcipline of our Churches with many calumnies, albeit he know very well, and our conſcience beare us witnes, that it was our wholl care, to ground our diſcipline upon the word of God ſo far as wee could. Wee aſſure you, that that good order of the Church, which Adamſon did firſt craftily undermine, then openly impugne, and at laſt revile as Papall tyranny, as the mother of confuſion and the cauſe of ſedition, was from the beginning of abolishing popery, ſought by our church out of the word of God, and thereafter was allowed by the ſuffrages of the wholl Church, and by degrees brought at laſt (as we were able) unto ſome meaſure of perfection, by the bleſſing of God, and three years ſince was approved, ſealed and confirmed with profeſſion of mouth, ſubſcription of hand and religion of oath, by the King and every ſubject of every Eſtate particularly............He hath perſuaded the Kings Majeſty and theſe Popish and Epicurean clients of Guiſianes and Queen Mother, to caſt presbyteries into the ground, to reſtore the tyranny of epiſcopacy, to attribute unto the King the ſole command or (as they call it] abſolute power in Eccleſiaſticall affaires, and by their authority to decern the Sentences of excommunication pronounced lawfully by the Presbytery, to he null. Briefly they have committed all eccleſiaſticall juriſdiction and power of governing the Church [next unto the King] unto theſe falſe Bishops who are either juſtly excommunicat or known to be flagitious. Among theſe the firſt place is given unto P. A. the prime adviſer and inſtrument of all theſe counſells and plots. i. e. who enjoying that perpetuall & Papall Dictature, doeth without any reſtraint and wonderfully oppreſſe the Miniſters and all godly men: he doth preſent unto them theſe his ſodered articles, or rather the blots of eccleſiaſticall order which he hath lately ſucked from the dregs of the Popish veſſels ſticking as yet in our nighbour country, and forceth by Royall autority, the Miniſters to drink and ſubſcribe them. So far he. The hou…e of Darknes.This houre of darknes (as it was called) continued nor long: behold how God diſpelled it. Bishop Spotſwood informes this particulare▪ in this manner; Upon information, that Nicol Dagleish Miniſter at S. Cutberts did in his publick prayers remember the exiled brethren▪ he was called before the Counſell, and accuſed for praying for the King's rebells, and for keeping intelligence with them by Letters. He confeſſeth his prayer for the brethren, maintaining it to be lawfull, but he denied the intelligence; only he granted, that he had ſeen a Letter written by M^r Balcanquall to his wife, remembring him kindely. The King was offended with his anſwers, and commandeth his Advocat to purſue him criminally: which was done the nextday. At his appearing before the Juſtice, when he had heard rhe indictment, he ſaid, He should not be queſtioned for one and the ſame fact before two Judicatories, and having anſwered theſe points before the Counſell, he should not be put to it again. The Advocat replieth, The Counſels p. 466proceeding takes not away the criminall Judge: and therefore he muſt anſwer: and he was commanded to anſwer adviſedly, ſeing it concernes his life. He ſaith, If I muſt anſwer, I think not, that I have offended in praying for my brethren, who are in trouble: and if the conceiling the Letters which I ſaw, be a fault, I ſubmit my ſelve to his Ma^s will. The Jury proceedes, and declares him guilty of treaſon: yet the Sentence was continued, and he was ſent to priſon in the Tolbuth, where he remained ſome months, and in end upon his ſupplicatton was pardoned. In the ſame Court David Hume of Argathy and his brother Patrick were condemned to dearh for keeping intelligence with the Commendator of Dryburgh, and in the after noon were executed: yer was it no matter of State, but ſome private accounts undiſcharged before his going out of the country, wherein they had interchanged one or two Letters. This ſeverity was univerſally diſliked: but that which enſued, was much more hatefull. To breed a terror in people, and to cauſe them abſtain from communicating in any ſort with the exiled Lords, a Proclamation was made, That who shall diſcover any perſon offending in that kind, shall beſides his own pardon, receive a ſpeciall reward. Upon this, one Robert Hamilton of Egliſmachan delateth Malcolm douglas of Mains and John cuningham of Drumwhaſill, for having conſpired to intercept the King at hunting, and detain him in ſome ſtrong hold till the Lords might come, and receive him. A meer forgery it was, yet gladly hearkned unto by them that deſired to be rid of them: they were both gentle men of good reſpect, and miſtruſted of the Court......They were brought vvithout reſiſtance to Edinburgh: February 9. they vvere preſented to Juſtice......When Main's indictment vvas read, he denied all, and ſo cleared himſelf by the unliklyhood, and their impoſſibility to compaſſe a buſineſs of that importance, to all there preſent, that in their hearts they did pronounce him innocent. Nevertheleſſe they vvere declared guilty of treaſon, and the ſame day hanged in the publick ſtrier of Edinburg. Hamilton the delator was afterwards killed in the park of Sterlin. Theſe cruell proceedings cauſed a generall fear, that all familiar ſociety was in a manner leſt off, none knowing to whom he might ſavely ſpeak. Arran in the mean time 1584.went on, drawing into his hands the wholl managing of affairs: for he would be ſole and ſupreme over all......He was Chancellor......The caſtls of Edinburgh & Sterlin he had in cuſtody: then made himſelf Ptoveſt of the Town: as if all this had not been enough, he was declared Generall Lieutenant over all the kingdom. In a word, whatſoever he pleaſed, was done, and without him nothing could be done. This ſtirred up great emulation againſt him in Court. The Maſter of Gray a great favorite at that time [and profeſſed Papiſt] took it diſdainfully, that every thing was governed by him [there be moe particulares there, which I paſſe over] Arran careth not what enmity he draw upon him. The Earle of Athol, the Lord Hume, and Maſter of Caſſils were committed to priſon; the firſt, becauſe he refuſed to divorce from his wife (a daughter of the Earle of Gowrie) and entaile his lands to him; the next for that he denied him his part of the lands of Dirltoun; and the third for denying him a loan of ſome moneys, which it was thought he might ſpare. Then he falleth out with the Lord Maxwell for excambion of his heritage with the Barony of Kinniell, which Arran poſſeſſed by the forefeiture of the Hamiltons: but Maxwell would not exchange with a new and uncertain purchaſe. Fot this cauſe Arran intends a quarrell againſt him, and cauſeth denounce him rebell, p. 447and they gather forces the one againſt the other. I shew but the ſum. In the mean time Sir John Forreſter and Thomas Ker of Farnherſt Wardens of the Midd Marches conveening for reſtoring ſome goods taken from the English, a tumult hapneth, wherein Sir Francis Ruſſell ſon to the Earle of Bedford was killed: this was layd upon Farnherſt and he was ſaid to have done it by Arrans inſtigation: for theſe two were in great friendship. The Queen craves, that Farnherſt be delivered: Arran ſtrongly oppoſeth. The Queen had called the exiled Lords ſouth ward; and upon this accident gave them licence to return unto the Borders. The king for ſatiſfaction of the Queen confineth Arran in Santandrews, and the other in Aberdien where he died; but Arran was reſtored. In July was a league offenſive and defenſive contracted betwixt the two kingdoms in the cauſe of religion: for then was diſcovered the Holy league as they called it, which the Pope had made with the Princes to extirpat the Reformed religion: Q. Eliſabet underſtanding herſelfe to be principally aimed at, thought nothing better, than to make a counter-league with the Reformed Princes: to that effect she ſent one to the King of Denmark and Princes of Germany, and another unto King Iames: the motion did well pleaſe the Eſtates of Scotland conveening at Santandrews. Here the Bishop omittes, that the peſt was raging in Edinburgh and other chief townes, and then the people cried out, that the Lord's hand would not be ſtayd, till the banished Lords and Miniſters were returned: whereupon their friends advertiſed them, to draw near unto the borders: and theſe that were exiled before for other cauſes, joyned with them, and ſo did Maxwell. They appoint their rendezvous at Lintoun, and meeting there did ſolemly ſwear, that they shall not ſeparate, nor give over the proſecution of their enterpriſe, untill the King be moved to accept them in favor, and put Arran out of his company. To juſtify their proceedings, they gave forth a Proclamation, shewing their aimes to be the defence of the truth, the deliverance of the King from corrupt Counſellors, and the preſerving of amity with England. In this proclamation they eſpecially endeavoure to make Arran odious, and they named Col. Stuart as an abuſer of the King: of other Counſellors was no mention; which encreaſeth Arrans jealouſie againſt them. They The exiled Lords returne and are reſtored: and thereby a change of Court.came to Falkirk, and underſtanding, that there was no great company with the King at Sterlin, they draw near it October 31. that night Arran and Crawford keept the town-gate: but the Lords entred by a ſecret paſſage without reſiſtance: a cry was raiſed, The town is taken. Crawford flyeth to the Caſtle, and Arran eſcapes by the bridge. So ſoon as the King underſtood of their humble petitions by the Secretary and Juſtice-Clerk, he ſaid, I did never love that mans vjolence [to wit, Arran] and howbeit I can not but offend with their doings, yet for the Countries ſake and for publick quietneſs I can pardon all: but one thing I deſire you to look unto, that none in my company receive any harm: I know there be quarrells betwixt Crawford and Glammes, betwixt Anguiſe & Montroſe and I believe that Col. Stuart is not well beloved: with my honor I can not permitt theſe to be hurt: provide that theſe be in ſavety, and I shall willingly admit them. This was reported unto the Lords: they reply, they had not taken arms for any privat quarrell, nor would they mixe particulars with the publlck, but it were good for eſchuing inconvenients, that the Noble men, whom the King had named, were put in cuſtody of ſpeciall perſons, and the Colonell be diſcharged from his office of the guarde, and the ſame be conferred on another. This was declared unto p. 448the King, and he conſented to receive them. Two dayes thereafter the King renewes his promiſe unto them, and confirmes it by Act of Counſell, and proclames a Parliament to be held at Lithgow in December for ratiſying the ſame. Miniſters repaire from all parts to Lithgow a litle before the beginning of the Parliament, and ſought abrogation of the late Acts againſt the diſcipline. The King would not hear of it, and the exiled Lords ſaid, It was not expedient to medle in that matter at that time: they muſt firſt be ſetled in their eſtates, and afterwards they may prevail with the King. The King alſo willed them, to ſet down in write, what exceptions they had againſt theſe Acts. They did offer their animadverſions with a ſupplication, wherein they crave the Miniſters to be reſtored to their former poſſeſſion alſwell of the diſciplin as of their places. The King took paines to penn with his own hand a mitigation of theſe Acts, in this manner (as I found among the Papers of John Erskin) That the word of God be truly and ſinceerly preached, as before; That all proceſs of excommunications shall proceed as before; The Generall Aſſembly shal be only convocate by the kings Letters; That the Miniſters shall not proclame a faſt before they shew the cauſes unto the King; That all Bishops nominat by the kings Majeſty shal be tryed and admitted by the Gen. aſſembly; That all ſects and hereſies shal be tryed by the Church, and as the perſons shal be found culpable, the Kings shall execute juſtice. When the king delivered theſe, he ſaid, Theſe shall bee als good and ſufficient as an Act of Parliament. But the Miniſters were not contented with theſe, and the full determination was remitted unto the next Generall Aſſembly, which then was called to conveen at Edinburgh in May following.

XXII. Some thing was done in the Spring, but it will be mentioned 1586. The 47. Aſſembly.in the Aſſembly: which conveened May 10. in Edinburgh: After Sermon had by Robert Pont, the Lord of Privy Scal and M^r Peter young (being directed from the King) shew, that his Majeſty is taken up with great affaires, ſo that he can not give his preſence for that day; and therefore craves, that all the brethren would repair after noon unto the great chapell in the Abbey, where he shall propound his minde unto them; and to delay the election of the Moderator untill that time. All the brethren do conſent upon condition, It shall not prejudge the liberty of the Aſſembly in any way. The Commiſſioners declare, that they know no prejudice intended. After noon they conveen in that place: the king declares, why he had deſired them to conveen there: then prayer being make by Robert Pont, David Lindſay is choſen Moderator. The King appoints the Lords Secretary, Iuſtice-Clerk, Privy-Seale, Iohn Graham, L. Culros and Peter young to reaſon and adviſe with the Moderator and Aſſeſſors on matters mutually to be propounded; and them or any two or three of them, to concur with the Aſſembly, as his Commiſſioners. The next day they return to the ordinary place▪ I. Two Miniſters being directed unto the king, to ſolicite the redeliverance of the Aſſemblie's Regiſter, bring anſwer, that they shall be directed unto the Clerk every day, but at night they shall be in the hands of the Privy-Seall, enduring the Aſſembly, and before the cloſing he will be perſonally preſent. II. The places for conveening of Presbyteries are named through out all the kingdom; and Commiſſioners are appointed to deſigne the Churches in every Presbytery. Their advice vvas returned in the laſt Seſſion. III. The Synodall aſſemblies are appointed, to conveen the firſt tuyſday of October next: and the places are named, and thereafter every Synod is left to their own option of p. 449time and place. IV. David Cuningham Bishop of Aberdien is ordained, to be ſummoned before the Presbytery of Glaſcow for adultery with Eliſabet Sutherland. V. The Articles of the Conference held in February between the Deputies of the Counſell and ſome Miniſters called together by the King, were propounded in the privy Conference, to be examined by the Kings Commiſſioners & the Moderator with the Aſſeſſors: and they Some Articles concerning Epiſcopacy.report agreement. 1. That none shall vote in the Aſſembly but ſuch as the Scripture appoints Governors of the Church. 2. There are four ordinary Offices warranted by the Scripture, to wit, Paſtors, Doctors, Elders and deacons; and the name of a Bishop should not be taken, as it hath been in Papiſtry, but is common to all Paſtors or Miniſters. 3. It is lawfull and neceſſary at this time, that Uiſitation and the form thereof continue; and other circumſtances to be conſidered here after, &c. In Seſſ. 7. ſome were appointed to confer with the Kings Commiſſioners, upon the circumſtances. And in the ſame Seſſ. the Kings Commiſſioners crave the reſolution of the wholl Aſſembly, Whither they will accept Bishops, as they were circumſcribed in the abovenamed Conference, or if they will refuſe? Anſwer is delayd untill the next day, that all the Conference be publickly read. and immediatly it is voted and concluded, that a Bishop is a ſpeciall charge, and function annexed to it by the word of God, even the ſame, that an ordinary paſtor is. In Seſſ. 9. after reaſoning it was concluded. It is lawfull to the Gen. Aſſembly, to admit a Paſtor, Bishop or Miniſter having a Benefice, and preſented by the King unto it; Alſo that Viſitation may be in the perſon of a Paſtor; and that the Gen. Aſſembly may ſend a man with ſuch as the Presbytery shall adioyn unto him in Viſitation. In Seſſ. 10. after conference had (as ſaid is) the wholl Aſſembly declares, that by the name of a Bishop, they meane only ſuch a Bishop as is deſcribed by Paul; and in this ſenſe they agree with the third Article of that Conference. 4. It is agreed on the fourth article, that a Bishop may be appointed by the Gen. aſſembly, to viſite certain bounds, that shall be deſigned unto him, and in Viſitation he shall proceed by the advice of the Synodall aſſembly or ſuch as they shall adjoyn unto him. 5. In receiving of preſentations, and giving Collation to Benefices he shall proceed by the advice and vote of the Presbytery, where the Benefice lyeth, at leaſt of the moſt part of the Presbytery and of the Aſſeſſors, that shal be adjoined unto him, Untill the time the Presbyteries be better eſtablished, and the gener. Church take further order: And thoſe aſſeſſors at the firſt time shall be named by the G. Aſſ. 6. In Seſs. 11. He shall be ſubject in reſpect he is a Paſtor, as other Paſtors are, to be tryed in his life and doctrine, by the Presbytery or the Synodall Aſſembly; and becauſe he hath commiſſion from the G. Aſſembly, in that reſpect he is to be tryed by them. 7. If he admit or deprive without the conſent of the moſt part of the Presbytery, the deed shall be null, and the doing thereof shall be a ſufficient cauſe of deprivation of him. 8. His power is to be ordinis cauſa, nonjuriſdictionis. 9. Where they that shall be ſo called Bishops, may not undertake the wholl bounds that of old was called a Diocy, Commiſſioners shall be preſented by his Ma. unto the Gen. aſſembly, and admitted by them thereunto as the ſaids Bishops are to theirs, and to be countable only unto the ſaid aſſembly for their commiſſion; And the Bishop to have no power within their bounds, more than they have within his boundes. 10. The Commiſſioners being elected as ſaid is, have a like counſell and power, in the execution of their office, as the Bishops have. 11. The Commiſſioners appointed to viſit presbyteries or their particular Churches as the the presbyteties or Synods shall p. 450think good, shall not prejudge the Presbyterie's peculiar Viſitation. 12. The ſame cauſes of life and doctrin shall deprive a Bishop or Commiſſioner, that deprives a Miniſter. The 13. article is agreed. The Commiſſioners from his Majeſty do proteſt, that in reſpect the aſſembly hath caſt down, what was required in the Conference at Halirudhouſe nothing done either in that Conference, or in this aſſembly, have any force or effect, and namely, that they have ſubjected the Bishops unto the tryall and cenſure of the Presbyteries & Synods. Becauſe of this proteſtation the aſſembly immediatly directes Ja. Martine, Ro. pont and Pa. Galloway to inform his Ma. concerning this matter. In Seſſ. 12. theſe brethren report, that his Majeſty will not agree, that Bishops and Commiſſioners shall be otherways tryed, than by the Generall Aſſembly. The aſſembly, j…dgeth it expedient in reſpect of the time, that albeit it be reaſonable, that the tryall and cenſure of all Paſtors should be in the Presbyteries, where they remain, nevertheleſs that the tryall and cenſure of ſuch Paſtors, as the Generall Aſſembly shall give commiſſion unto, to Viſite, shall be in the hands of the ſaid Aſſembly, or ſuch as they shall depute, Untill farther order be taken by the Gen. aſſembly. Unto this ordinance the Kings Commiſſioners do conſent, and ſo paſſe from their former proteſtation. 14. Vhe Commiſſioners that before have received commiſſion of Viſitation, shall continue in that charge for a year to come, and thereafter as the Aſſembly shall judge expedient. 15. In Seſſ. 1…. The Generall aſſembly gives full power & commiſſion unto certain brethren of every Province, to ſummon before them reſpectivè, at ſuch day and place, as they shall think expedient, the Bishops and commiſſioners, if they find occaſion of ſlander to ariſe by them in doctrin, life or converſation at any time before the next Generall aſſembly; and to try and take probation thereof, lead and deduce proceſs againſt them unto the Sentence Excluſivè, Remitting the finall judgement therein unto the Gen. aſſembly. 16. It is agreed, that where Bishops & Commiſſioners make their reſidence; they shall be Moderators in theſe presbyteries, except Fife, where by his Mas advice Robert Wilkie is continued Moderator of the presbytery of Santandrews untill the next Synod-VI. In Seſſ. 7. The Lord Maxwell compeares, and declares that at his Ma^s command he now appeares before the Aſſembly, as he had given caution before the Counſell, that he should compear before them this day: and in reſpect of his obedience he proteſtes, that his cautioner should be free: he takes inſtrument upon his appearance and proteſtation. The Aſſembly know not the cauſe of his compearance, nor had any information from his Majeſty, therefore they order him to be preſent the next day after noon; and they aske the kings Commiſſioners, what the cauſe is. The kings Commiſſioners do proteſt, that Maxwel's Cautioner should not be free, untill they return his Majeſt. mind unto the Aſſembly. In Seſſ. 8. Compeares the Earle of Morton, the Lord Maxwell and ſome others; Maxwell was accuſed for hearing Maſſe. The Act of the Privy Counſell was read for information of the Aſſembly. Maxwell anſwered, For his tranſgreſſion he had anſwered the kings Law: and he craves conference of learned men, concerning the religion. Certain Sentence againſt P. Adamſon not examined, yet annulled, and why?brethren were appointed to inform him. VII. In Seſſ. 13. Concerning an appellation made by Pa. Adamſon from the proceſs and Sentence of excommunication pronounc…d againſt him by the Synod of Fife; Pa. Galloway and John Duncanſon had been directed, to ſee whither the king thought good, that certain of his Counſell shall be appointed with certain brethren to be p. 451named by the aſſembly, to conſider that proceſs and appellation, before it be brought to the publick judgement of the aſſembly. His Ma^s anſwer is reported, that he is willing, it be ſo. In Seſſ. 16. They who were appointed, to conſider that proceſs begin to report their advice. So many of the Miniſters of Fife as were preſent, were bidden to remove. Theſe do proteſt, that the aſſembly should proceed in that matter formally, and tak-in the appellation and the proceſs; hear the alledging of the appellant, and their anſwers; (and they offer themſelves ready to anſwer) and accordingly to proceed and judge; and otherwiſe, that howſoever that action shall be judged, it shall be no prejudice to their proceſs and Sentence, nor unto the Churches of Scotland. Theſe are removed. The brethren of the Aſſembly do for the moſt part vote, that it is not expedient to enter into the rigorous diſcuſſing of that appellation and proceſs, but a midſt to be taken in it, as it was propounded, and publickly read: whereof the tenor is; If the Bishop by his hand-writ or perſonall compearance in the Aſſembly, will (profeſſing in the preſence of God) deny, that he ever did publickly profeſſe, or mean in any way to exercize a ſupremacy, or to be Judge of other Paſtors or Miniſters, or ever allowed the ſame to have a ground in Gods word; and if he had ſo done, it had been an error and againſt his conſcience and knowledge. 2. If hee will deny, that in the laſt Synod he ſought to be Judge thereof; or if he did that, in that he had erred, and in that imperious behavior & contempt of the Synod and his brethren; he shall crave that it may be overpaſſed, and promiſe good behavior in time coming. 3. If he will promiſe, that he shall take upon him no further power than he may juſtly by Gods word, and according to the late Conference, and endeavoure in all reſpects to shew himſelfe in all time coming a moderate Paſtor, and ſo far as he may, be a Bishop preſcribed by Paul, and ſubmitt his life & doctrine unto the judgement & cenſure of the Generall aſſembly, without any reclamation, provocation or appellation from it in any time coming; in that caſe for his Ma^s ſatiſfaction, and to give teſtimony with what good will wee would obey his Majeſty …o …or as wee ought, or in conſcience may, and for the good aſſurance wee have of h…s Ma^s favorable concurrence in building the houſe of God, and for quietnes to continue in the Church of God within this realm; And becauſe the proceſs of excommunication was led, and the ſentence pronounced, during the time of the conference, whereupon his Ma. hath taken occaſion of offence, which for many good cauſes were convenient to be removed; wee will forbear to examin the ſaid proceſs, or to decide whatſoever provocation or appellation: or call into doubt the legality or form of the ſaid proceſs, or condem the Synod; yet for the reſpects foreſaids and upon good and weighty conſideration, wee hold the ſaid proceſs as unled or undeduced, and the Sentence as unpronounced, and repone the ſaid Bishop in all reſpects, ſo far as may concern the ſaid proceſs & Sentence of excommunication, into thr former eſtate he was in▪ immediatly before the ſame, as if no proceſs or ſentence had been led or deduced againſt him; Providing always, he obſerve what hath been promiſed by himſelfe, dutifully in his vocation in all time coming In Seſſ. 17. Andrew hunter, a Miniſter, made proteſtation publickly, as followes, Seing the Provinciall Aſſembly of the church of God gathered in his name at Santand. Aprile 12. 1586. for manifeſt crimes; upon contumacy, hath juſtly and formally according to the word of God and ſinceer cuſtom of the Church of God, excommunicated Patrik adamſon; And that in this aſſembly they take on them to abſolve the ſaid Patrick from the p. 452ſaid Sentence, the proceſs not being tryed nor heard in publick. the perſon excommunicat declaring no ſigne of true repentance, nor craving the abſolution by himſelfe nor his proctors, before the very time wherein they abſolve him; He therefore for his part and in the name of all other true brethren and Chriſtians, who will be participant hereof, taketh God to record of the dealing of that Provinciall and this Generall Aſſembly, and proteſtes before the Almighty God, his holy Angels and Saints here conveened, that he hath no aſſurance in Gods word, or of conſcience, to aſſent, allow or approve this abſolution. And therefore untill the time he perceive the mans converſion to be true & effectuall, he can not but hold him a man juſtly delivered to Satan, notwithſtanding the ſaid abſolution; And this his proteſtation ſubſcribed with his hand, he craves to be regiſtred ad perpetuam rei memoriam; And there-with gave-in the ſpeciall reaſons moving him here unto, premitted to the ſaid proteſtation made. Andrew Melvin and Thomas Buchanan do adhere unto this proteſtation made. Patrick Adamſon had ſubſcribed the conditions propounded by the Aſſembly, at Halyrud houſe May 20. 1586. with his declaration thereupon: for the which cauſe the Aſſembly didabſolve him: and for theſe cauſes as they be contained in the ſaid propoſition at length, they declare as is before. In Seſſ. 18. concerning the execommunication of Ja. Melvin Miniſter at Kilrinny and ſome other brethren of Fife, by Patrick Hamiltoun and Samuell Cuninghan, The Aſſemb. ordaines the Presbytery of Santand. to take tryall in that matter, and put order to the ſame according to the quality of the offenſe. VIII. In Seſſ. 17. All Miniſters are exhorted and admonished to judge charitably of others, albeit there be diverſity of opinions and votes, remitting every man to God and his own conſcience, and that none publickly or in pulpit quarrell or impugne the determination of the G. Aſſ. concerning the appellation from the Sentence of the Synod of Fife. IX. In Seſſ. 16. Articles were read, and ordained to be preſented unto, and craved of his Majeſty. It may pleaſe your Maj. to take ſome ſubſtantious order, how the Country may without delay be purged of the peſtiferous Sect of the Jeſuits, ſpecially of thoſe who for their friendship in the North are highly authorized: albeit they have been ſummoned to underly the law, and an aſſiſe was ſummoned for that effect: yet their non-compearance is diſpenſed with, and they go through the Country freely, meaning nothing leſſe, than to depart, and Jeſuites repair unto them a new out of the South and out of France. 2. Seing Papiſtry aboundes in the North for the want of qualified Miniſters there, and this is partly for lack of ſufficient proviſion & ſtipends: therefore aſſignations would be made unto them conform unto the Miniſtry in the South: and let not the thirds there be aſſigned unto the churches of the South, untill their own churches be firſt provided ſufficiently, and ſuch as have been otherwiſe provided, be diſcharged▪ 3. That Judges may be appointed i… all Shyres, for executing the Acts of Parliament, made againſt the breakers of the Sabbath, adulterers and ſuch open tranſgreſſors of the Lawes. 4. That in chief Burrowes there be teaching ordinarily four times in the week: and ſeing moreover the diſciplin, viſitation of the ſick and other buſineſs are ordinary to Paſtors, therefore let two Miniſters be appointed unto ſuch Townes. 5. That order be taken, how Colledgechurches may be ſerved. 6. That order may be taken for Manſe and gleebs unto Miniſters making reſidence at Abbey-churches; as alſo that ſuch as have or shall have Manſe and gleeb, may have neceſſaries the…eunto, to wit, fuell, paſturage, feall and devat, as was of old. 7. That all gifts p. 453of Benefices having the cure of ſouls, and have been diſponed by your Ma▪ pleno jure, and not qualified perſons preſented unto them with ordinary tryall and Collation following thereupon; May be declared null, according to the Lawes already made; and that your Ma. would give now preſentations unto qualified perſons; and the nullity of the former gift be diſcuſſed alſwell by way of exception as of action. 8. That all preſentations or gifts of Benefices of cure leſs than prelacies diſponed alſweell by your Majeſty as by laick parrons not allowable by the municipall law of the realm, and form obſerved in the Reformed Church here ſince your Mas coronation; may be annulled, and new preſentations granted, as in the former. 9. That all Collations, granted by men having no Commiſſion nor eccleſiaſticall function in the Church, nor in that place & country at …he time of giving the Collation, Be declared null, and the fruits be ſequeſtred at the leaſt, untill the perſon claming right by that Collation, be a new examined and admitted, if he be found worthy by them who shall be appointed for that effect, and authorized by this preſent aſſembly. 10. That the Benefices of cure (under prelacies) whereunto Miniſters are admitted, may be free from payment of firſt fruits and fifty penny, and may have their ſignatures of preſentation exped by the Privy Seal on your Ma^s own ſubſcription only and the Secretarie's, without any paiment or cautioner made to the Treaſuter; and theſe poor men, which have already payd or found caution, for payment whereof the Treaſuter hath not already charged himſelfe in his accounpts, may have the ſame refounded or diſcharged. 11. Seing the fault of not depriving unworthy, culpable and no-reſident Miniſters proceeds from that, ſundry of the Bishops have been negligent; and in ſome other parts there was no Bishop nor Commiſſioner, and ſo the Acts are not execut; therefore a Commiſſion be given to ſome qualified perſons, Miniſters, to ſit in Edinburgh and call the Nonreſidents and others worthy of deprivation, and deprive them, So that there may be conſultation of learned men, and the proceſs may be led without fear or boaſt. 12. It is heavily complained by many poor Miniſters having parſonages and vicarages aſſigned unto them, that they are exorbitantly uſed in taxations albeit their Benefices be long ſince decaied by the want of corps preſents, up moſt cloathes, paſch-fines, offerings, and ſuch things uſually payd in time of Papiſtry, which was the greateſt part of theſe Benefices, and yet they muſt pay the extremity of the old taxation: and the moſt part of the Prelacies are exeemed from preaching or Service in the Church, and have relieff off the fuars and vaſalls: that therefore there may be ſome more equitable order of taxation appointed in time coming. 13. That it will pleaſe his Majeſty to cauſe conſider what prelacies have vaiked, ſince the Act of Parliament made in Octob. 1581. and that ſpeciall aſſignation be made for ſuſtaining Miniſters of the churches belonging to them, out of the readieſt fruits of theſe churches; or the proviſion to be declared null, according to the Act. 14. That the Bishops or Commiſſioners of Argyle and the …ſles may be tied, to attend on the Generall aſſemblies, and to keep theyr Exerciſe and Synodall aſſemblies, as in other parts, which shall be a furtherance unto your Mr^s obedience, ſeing otherwiſe, they ſeem as exeemed out of your Dominion. 15▪ That your Ma. will give direction unto ſome perſons of experience and good will, to ſearch, enquire & try the true eſtate of the rentalls of all prelacies and other Benefices at this preſent, and in whoſe fault or by what occaſion they are ſo hurt and diſmembred; and thereafter the beſt remedies may be conſidered and p. 454provided to help them, for the good alſwell of the King as of the Church. 16. That your Majeſty will cauſe the Lords of Seſſion declare, whither your Majeſty or the Earle of Orknay have right to the patronages of the Benefices of Orknay and Yetland, to the end, thal titles of Benefices conferred to Miniſters be not ever in danger of annulling upon uncertanty of the right of the patronage. 17. That no perſons or ſtipends be put in the books of modification, but only ſuch as the Commiſſioners of the Church shall declare, to be qualified and reſident at their churches. 18. That vicarages, penſions and ſalaries, when they vaik after the deceaſe or deprivation of the preſent poſſeſſor, may accreaſe and be joyned to the principall Benefice, and be aſſigned to the Miniſter in his ſtipend. 19. That all Readers heretofore provided to vicarages or ſtipends, may ſtill poſſeſs the ſame, untill their deceaſe or deprivation; and none to be admitted to the title of any Benefice of cure or ſtipend in the book of modification in time coming but qualified Miniſters. 20. That the wholl rents of the Benefices of cure under prelacies, that are diſponed ſince your Ma^s corona…ion, may be aſſigned wholly, and allowed unto them in their ſtipends. 21. That the judgement of all cauſes concerning the deprivation of Miniſters from their Benefice in the ſecond inſtance, shall come by way of appellation unto the Generall aſſembly, and there take finall end, and not before the Lords of Seſſion by way of reducing. X. In Seſſ. 18. the brethren directed unto the King with certain Articles, craving publick reſolution, report his Ma^s anſwer, that in all the Heads he found litle difficulty, and hath agreed unto them. I. That there be a Generall Aſſembly once every year, and ofter pro re nata. II. Concerning Provinciall Synods. The power of Provinciall Aſſemblies.1. theſe are conſtitut for weighty matters neceſſary to be treated by mutuall conſent and aſſiſtance of Brethren within the Province, as need requires. 2. This Aſſembly hath power, to handle, order and redreſs all th…ngs done amiſſe or omitted in the particular aſſemblies. 3. It hath power to depoſe the office-bearers of that Province, for juſt and good cauſes deſerving deprivation. His Majeſty agreed not to this, but in this manner of addition, Except Bishops and Commiſſioners. 4. And generally theſe Aſſemblies have the wholl power of the particular Elderships or preſbyteries, whereof they are collected. III. Concerning Presbyteries. The power of Presbyteries.1. The power of a Presbytery is to give diligent labours in their own bounds, that the churches be keept in good order, to enquired diligently of naughty & ungodly perſons, and travell to bring them into the way again by admonition and threatning of Gods judgement, or by correction. 2. It appertaines to them to take heed, that the word of God be purely preached within their bounds: the Sacraments rightly adminiſtred: the diſciplin mantained, and the church-goods incorruptly deſtributed. 3. It belongs unto them, to cauſe the ordinances made by the Aſſemblies Provinciall and Generall, to be obſerved and put execution. 4. To make conſtitutions, which concern TÒ PREPON in the Church, or good order for their particular churches: Providing, that they change no rule, made by the Provinciall or Gener. aſſemblies: and that they shew unto the Provinciall the rules which they make: and to abolish conſtitutions tending to the hurt of theſe churches. 5. It hath power to excommunicate the obſtinat. His Majeſty agrieth in this manner, It hath power to excommunicat the obſtinat, formall proceſs being led, and due intervall of time. 6. Faults to be cenſured in the presbytery are hereſy papiſtry, idolatry, witchcraft, conſulters with witches, contempt of the word, p. 455not reſorting to hear …he word, continuance in blaſphemy againſt God and his truth, perjury, fornication, dunkennes; theſe things for the preſent, and more, when order shall be taken in the Conference. IV. Particular The power of Church-Seſsions or Counſels.Churches, if they be lawfully ruled by a ſufficient Miniſter and Seſſion, have power of juriſdiction in their own congregation in matters eccleſiaſticall to take order therewith; and what things they can not conveniently decide, to bring them unto the Presbytery. XI. Commiſſioners are appointed to preſent unto his Majeſty and Counſell the humble petitions, complaints, Articles and Heads delivered to them, and humbly to crave his Ma^s anſwers thereunto; To treat, conferr, reaſon thereupon, and upon ſuch heads and articles as shall be propounded unto them by his M. or his Commiſſioners, and what herein shall be done, to report unto the Aſſembly. For clearing what is here, I will only adde from The Hiſtoricall Narration, that the Synod of Fife did cut off Pa. Adamſon as a rotten member not only for the notoriety of offenſes, for which he was ſuſpected before, but likewiſe for impugning the ſetled order of Generall aſſemblies and presbyteries, for contempt of the Synod, and for other notorious ſlanders, whereof he was to be accuſed, but refuſed to underly the tryall. The next day after the Sentence pronounced againſt him, two of the Bishops ſervants went to the church of the city at time of publick prayer (as the cuſtome was then evening and morning on the days, when there was no Sermon) and without any citation or proceſs cauſed Samuel Cuningham Reader pronounce the Sentence of excommunication againſt And. Melvin, James Melvin, and ſome others, who (he thought) had been moſt forward againſt the Bishop. Wee ſee in the laſt Seſſion of this Aſſembly the cenſure and tryall of this fact was remitted unto the Presbytery: I have not read, what was done in the matter: but I knew the man, and that he could never be admitted unto the Miniſtry (though he often ſuited it) untill another change came into the Church, and then he was promoted by a Biſhop into an obſcure charge, and was hatefull all his days, and durſt ſcarcely appear in a presbytery. The bare narration of the proceedings of this Aſſembly as they be extracted out of the Aſſemblies books, confute the perverſe imputations and ſlanders of the contrarily minded. The reſt of that year, the King was taken up partly with ſetling ſome troubles in the Iſles and Kentyre; and partly in the Articles of a League with England; and immediatly thereafter with a proceſs that was intended and went on againſt his mother. This laſt purpoſe was occaſion of ſome variance be twixt the King and the Miniſters of Edinburgh. For

XXIII. In January of the year 1587. the King hearing that the death 1587.of his mother was determined, gave order unto the Miniſters, to pray for her. The adverſarics of the Church-diſciplin ſay, The Miniſters denied it abſolutely: and they call that denyall a barbarous inhumanity. But Vindiciae Philadelp Pag. 56. shew, that the Papiſts were plotting the deſtruction of Queen Eliſabeth, nor was Queen Mary free of theſe plots; (and by that means the ruln of religion was intended) and the Miniſters of Edinburgh anſwered unto the King, that they would pray for the ſalvation of her ſoul; but they could not pray againſt her punishment, if she had deſerved; and in that caſe his Majeſty should rather give God thanks, becauſe they underſtood, that both his perſon and the Church would be delivered from imminent danger. For whoſoever treſpaſſeth againſt the publick, no man should preferr his particular intereſt unto publik duty. This anſwer did not ſatiſfy the King: he did appoint the third of February for ſolem prayers, p. 456to be made in behalf of his mother, and commanded Pat. Adamſon to preach that day. John Couper a young man was ſet up in the pulpit, before the Bishop came. The King ſeeing him, ſaid, That place was appointed at this time for another, but ſeing you are there, if you will obey the charge, and pray for my mother, you shall go-on. He replied, He will do as the Spirit of God shall direct him. Whereupon he was commanded to leave the place; and becauſe he made no haſte, the Captain of the Guard went, and pulled him out; and he burſt out into unreverent ſpeaches. Then the Bisbop went up. In the after-noon the young man was called before the Counſell; where Wi. Watſon Miniſter accompanying him, for offenſive ſpeaches, the two were diſcharged from preaching in Edinburgh during his Ma^s pleaſure, and Couper was ſent priſoner to Blackneſs. The The 48. Aſſembly.Aſſembly conveenes at Edinburgh Juny 20. Andrew Melvin Is choſen Moderator. I. Two Miniſters being directed unto the King, to ſute his Ma^s preſence, report, that he had named the Lord Secretary and Juſtice-Clerk to be preſent and concurre: and they had promiſed to be preſent, as their opportunity could ſerve, yet willing, that the Aſſembly according to his Ma^s mind do treat (before any other thing) of John Cowper's cauſe; and nevertheleſs after ſome reaſoning were content, it be delayd till the next day, and that the brethren of the Conference shall conſider it. II. His Ma^s Commiſſioners offer theyr concurrence, to the recovery of the Aſſemblie's books, if it may be known in whoſe hands they are. The Moderator craves, that if any can give light in this matter, they would shew it, and namely Pa. Galloway, who was directed by the laſt Aſſembly unto the King to ſeek the delivery of the Regiſter: he anſwereth, that his Majeſty promiſed, to deliver them. John Brand declares, that at the laſt Aſſembly in his houſe Pa. Adamſon in preſence of David Ferguſon ſaid, he knew where they were, and at the Kings command he would cauſe deliver them. It was alſo teſtified by Jo. Dury, that he heard Pa. adamſon grant, that he had them. After theſe teſtifications the Aſſembly concluded, that Pa. Adamſon shall be charged to deliver the books: yet for the better advice. David Lindſay was directed unto the Lord Secretary; and returning with his anſwer, thought meet, a Supplication be given unto the LL. of Counſell, to grant a charge againſt Pa. Adamſon for reſtitution of the books; and that the aſſembly alſo should uſe their power. So a ſupplication is ordained to be penned, and be preſented the next day; and a citation is ſent to charge him, to deliver the books within three days unto the Clerk; and alſo to compear perſonally within that ſpace, to anſwer for his abſence from the Aſſembly, and to other accuſations, that shall be layd unto his charge, Under the pain of the cenſure of the Church. In Seſſ. 4. it was thought expedient, that before the ordinance (made yeſterday) be put to execution againſt Pa. Adamſon, an humble ſupplication be made unto the King for that effect: and two brethren are ſent with it. In Seſſ. 6. the Kings Commiſſioners being preſent, thought meet becauſe the buſineſs with Pa. Adamſon is civill, wherein the King hath intereſt, that he be acquainted with it. This the aſſembly is willing to do. In Seſſ. 15. A Letter being directed by John Duncanſon, bearing the Kings command unto the Bishop, to redeliver the books, at the leaſt four of them, and that George young was ſtayd whill the books were delivered, The aſſembly directeth Ja. Nicolſon and Ale. Raweſon unto the L. Secretary, to cauſe deliver them; and after their direction, and reitered direction of two other bretheren, George young brought into the aſſembly five volumes of the Regiſter, p. 457whereof a great part was torn, and after ſight thereof, the aſſembly ordaines a heavy regrate to be made unto his Majeſty, lamenting the mutilation of the books, and to crave, that they may remain with the Church as their own regiſter. The Lord Secretary anſwered, that his Ma^s will is, that he may have the inſpection of them, when he shall have occaſion; and he shall preſently give them back again▪ III. In Seſſ. 4. Becauſe an offenſe conceived by the King againſt John Cowper and James Gibſon hath been shewd privatly unto the Moderator, It was thought expedient by the Aſſembly, that the cauſe be firſt privatly conſidered by John Erskin of Dun and ſixe other Miniſters (whom the Aſſembly nameth) to confer thereupon with the parties, if they can give ſatiſfaction by their advice; and otherwiſe, that the cauſe be propounded publickly: And theſe brethren are appointed to go preſently about that buſineſs, and the parties to wait upon them. The reſult of their conference followes in the Kings articles. IV. Seing the King is now of ripe age, and a Parliament is appointed in the next month, it is thought expedient, that the Acts of Parliament, made heretofore for liberty of the true Church and religion preſently profeſſed within the realm; and for repreſſing Papiſtry and idolatry, be collected, and be craved to be confirmed; as alſo the execution of theſe Acts may be conſidered; and what other execution or law is needfull to be craved againſt Papiſts and idolaters; As alſo the lawes and conſtitutions, that have been made to the derogation of the ſaid liberty, or to the prejudice and ſtay of the courſe of the Evangell, may be collected, that the abrogation of them may be ſought. To this effect are appointed John Erskin, Robett Pont, Nic. Dalgliesh, David Lindſay and Paul Fraſer. V. In Seſſ. 5. the Commiſſion given by the laſt Aſſembly to the presbyteries of Glaſgow & Sterlin concerning the ſlander of David Cuningham, and other perſons is ſuſpended. Sundry brethren complaine againſt Pa. Adamſon, at whoſe inſtance he is regiſtred at the horn for not paiment of the ſtipends aſſigned unto them, and for not furnishing wine unto the Communion: this matter is regrated unto the Kings Commiſſioners, The Prior or Lord Blantyre undertakes, to communicate this purpoſe unto the other Commiſſioners of his Majeſty and to report their advice unto the Aſſembly. Alſo regrait is made, that great diviſion is in the Church of Santan. that ſome will not hear P. Adamſon preach, nor communicat when he adminiſtrates the ſacrament, partly becauſe he lyeth in rebellion or at the hor…, and partly becauſe of his ſuſpenſion; and ſome do repair unto him: and they crave that this diviſion may be redreſſed. The Aſſembly judgeth it expedient firſt to hear, what anſwer shall be reported in the former complaint. VI. Unto that Queſtion, Whither it be a ſcandall, that a Chriſtian abſent himſelfe from the Sermons and other pious exerciſe uſed by them, that ly at the Kings horn, and are ſuſpended from rhe Miniſtry? It is reſolved, It is no ſcandall, but it were rather ſcandalous to reſort unto the foreſaid exerciſe of one, who lyeth at the horn, and is ſuſpended. VII. In Seſſ. 9. No Maſter of Colledge or School shall receive any ſtudent or ſcholar being of maturity of age, who refuſeth to ſubſcribe the Religion preſently eſtablished and profeſſed in the realm by the mercy of God, or refuſeth to participate of the ſacrament, Under the pain of the cenſure of the Church; And before any Student be promoted to any degree in the Vniverſity, that they shall toties quoties as they shall be promoted, ſubſcribe de novo; And that the Presbyteries shal be diligent to ſee the execution of this Act, as they will anſwer to God, &c. VIII. The Presbytery with their Commiſſioners p. 458in all parts of the country, every one for their own part shall preſcribe to every young man intending for the Miniſtry, a part of Scripture, together with ſome part of the Common places & controverted heads of religion, To be diligently read, conſidered and ſtudied by him, within ſuch a ſpace of time, as the Presbytery thinks good to appoint; And that his profiting may appear the better, at certain times of the year every Presbytery shall take account of his travells, by requiring of him in that preſcribed part of Scripture 1. the ſum and deduction thereof. 2. The ſolide ſenſe or meaning of the places, which are more difficile to be underſtood. 3. a collation of ſentences, which by reading he may be able to gather out of other parts of Scripture, and which may ſerve as arguments either to confirm the truth, or refute hereticall opinions. As to the Common places and heads, let him anſwer to queſtions & reaſonings thereupon; And he is to be exerciſed in this manner not for one time only, but from time to time untill he come to certain maturity. IX. Whereas a ſcandall was ſpoken of by a preſentation of the Bishoprik of Caitnes given unto Robert Pont, he declares, that he had given-in ſome complaints unto the Exchequer fot ſome hurt done unto him in time of his troubles; and in compenſation, that preſentation (without his procurement) was put in his hand; and if the living may be poſſeſſed with ſave conſcience and without ſcandall, he intendes to be Miniſter of Dornoch; and hereupon he craves the judgement of the Aſſembly, and promiſeth alſo, that he shall never medle with Viſitation, but at the command of the Church▪ The Aſſembly appointes two to conſider the circumſtances, and adviſe upon an anſwer. In Seſſ. 15, a letter was approved by the Aſſembly, and ſent unto the King; in this tenor; Sir, It may pleaſe your Majeſty, wee have received your letter willing us to elect M^r Robert Pont to the Bishoprick of Caitnes vaking by deceaſe of umquhill Robert, Earle of March your Hieneſs uncle: wee praiſe God, that your Ma. hath a good opinion & eſtimation of ſuch a perſon, as wee judge the ſame Ro. to bee, whom wee acknowledge indeed already to be a Bishop by the doctrin of S. Paull, and qualified to uſe the function of a Paſtor or Miniſter at the church of Dornoch or any other church within your Ma^s realm, as alſo to uſe the office of a Commiſſioner or Viſitor in the bounds of Caitnes, if he shall be burdened with it. But as for the corrupt eſtate or office of them, who have been called Bishops heretofore, wee find it not agreeable to the word of God, and it hath been damned in ſundry other aſſemblies, nor is he willing to accept the ſame in that manner: this wee thought good to ſignify unto your Majeſty for anſwer unto your Hi. Letter of nomination, &c. X. In Seſſ▪ 16. It is concluded, that all paſtors of whatſoever ſort they be, shall be ſubject to the cenſure and tryall of their brethren alſwell of the Presbytery as of the Provinciall and Generall Aſſemblies, concerning their life, converſation and doctrin; and whoſoever shall refuſe their tryall and cenſure, the Presbytery, Synodall or Generall Aſſembly shall proceed againſt them. XI. The Kings five Articles. 1. If any controverſy be concerning the Bishop of Sa…tan. that it it be reaſoned in his Ma^s preſence. 2. That the Bishop of Aberdien be not prejudged in his juriſdiction and living, but the ſamine to be exerced by himſelfe, becauſe the alledged ſlander, whereby he was damnified, is ſufficiently tryed and removed. 3. Concerning Ja. Gibſon and Jo. Cowper, that they confeſſe their publick offenſe and ſlander againſt his Majeſty, and ſatiſfy therefore, as he shall think good, or otherwiſe be deprived from all function in the Church. 4. That Mr p. 459Robert Mongomery be received without more ceremony to the fellowship and favor of the Church. 5. Concerning the Laird of Fentry, his excommunication which was ſomewhat extraordinary, to be declared null. XI. John Erskin of Dun, Ro. Pont, An. Melvin, Da. Lindſay, Tho. Buchanan, An. Hay, Ro. Bruce, Jo. Robertſon, Al. Rawſon, Robert Graham, David Ferguſon, Nic. Dalgliesh, John Porterfield, Ia. Duncanſon, Adam Iohnſon, Wa. Balcanquell, An. Clayhills, Iohn Brand, or any 13 of them are ordained Commiſſioners unto the Parliament. Inſtructions unto theſe Commiſſioners; 1. As concerning his M^s articles, in the firſt two let the judgement of the Aſſemb. be followed and notified unto his Majeſty. In the 3. They shall travell by all poſſible good meanes to ſettle his Majeſty and bring it into oblivion; Or els, if they shall find any aſſured hope, that the articles of the Church shall be looked upon, and granted to paſſe in Parliament, they shall endeavour, to bring the matter to ſuch a midſt, as may beſt agree with reſpect of the Miniſtry, ſatiſfying the offence of the godly, and conſcience of the brethren themſelves, againſt whom his Maieſty hath taken offence, as may be in ſpeciall, that which his Ma^s Commiſſioners ſent in write unto one of the ſaid brethren: but if they be urged unto the article as it ſtandes, they shall leave the matter free, to be tryed and judged by the Generall aſſembly. As for the 4. they shall diſpence with M^r Mongomery in ſome ceremonies uſed in repentance, if they find his Majeſty willing to remitt ſomwhat of the rigor of his Mas ſatiſfaction craved of the two brethren. 5. Concerning Fentry, they shall shew his Majeſty that the Church hath appointed certain brethren to ſee, what effect the dealing of them, which were appointed by the laſt aſſembly hath taken, with him and to travell further to bring him by repentance into the boſom of the Church, whereby the Sentence may be in very deed annulled. 6. They shall admit nothing hurtfull or prejudiciall to the diſciplin of the Church, as it is concluded according to the word of God in the Generall aſſemblies preceeding the 1584 year, but preciſely ſeek the ſame to be ratified and allowed, if poſſibly it may be. And finally in all, let God be feared, and a good conſcience keept in procuring the well of the Church: and taking away all impediments contrary thereunto. XII. In Seſſ. 18. It is concluded that none shall be admitted to a parſonage or vicarage, who is not qualified to preach the Word. XIII. The next Aſſembly is appointed to conveen at Edinburgh Iuly the firſt tuyſday. I. It appeares by the mutilation of the Aſſemblie's books what ſpyte theſe that would be called Bishops, have had againſt the Aſſemblies, and how they would have had all memory of antient proceedings in the Church abolished: as I know certainly by my own experience, with what earneſtneſs the late Bishops ſought to catch and deſtroy all the Extracts or coppies of the extracts of the Aſſemblie-books. For remedy of that evill, after that Aſſembly, they took courſe to have a double Regiſter of the proceedings of the aſſemblies. II. wee ſee, that in this aſſembly all power in the Church was taken away from that kind of Bish^s, and they were made liable unto the cenſure of the aſſemblies. III. From this and former aſſemblies wee ſee, what work there was to bring them down: and all the reaſon, that was brought at any time to hold them up, was partly the intereſt of Epiſcopacy more prejudiciall than profitable unto Roialty.ſome Noble men, and the weightieſt was the motives of Eſtate, as if Kingdom and Parliament could not ſtand without Bishops. But if our Chronicles hold ſure, the Kingdom of Scotland ſtood 13 or 1400 years without ſuch Bishops, and all that time (excepting ſome intervalls) the p. 460Kingdom was on the increaſing hand: but after the erection of Bishopricks (as the Chronicles teſtify) untill this time, whereof we are treating, the eſtate of the Crown was leſſe and leſſe, yea and brought to nothing or very litle, So that the conteſt betwixt the Kings Regents and the Church was for a ſupply out of the thirds of Benefices. And in the Parliament in July following, the temporality of Benefices was annexed unto the Crown, that the King might have meanes, to bear forth the honor of his Eſtate, and not burden his ſubiects with taxations for his ſupport. So as they came from the Crown to the diminution of Royall honor, ſo they were returned to the right owner; and it may juſtly be thought, it had been for the C…own and Kingdom's good, if they had continued ſo: but (as Bishop Spotſwood Pag. 365. ſaith) the temporalities formerly diſponed, which were not a few, being all in the ſame Parliament confitmed, and thoſe that were remaining, were in a short time begged from him, no thing was left (I will not ſay, as he ſaith, to reward a well deſerving ſervant, but) to the Crown itſelf. He ſayth alſo in the preceeding page for example, The Duke of Lennox his Agents poſſeſſed themſelves in the Bishopriek of Glaſgow [as his Father had obtained before] and Robe…t Mongomery being no more acknowledged did reſigne, his title in favor of William Erskin Parſon of Campſie, as followes. See alſo what hath been in other Nations. Irland was a free Kingdom by it ſelfſome thouſands of years: but when they received Dioceſan Bishops, immediatly their Kingdom was changed. When Numidia received ſuch Bishops, they became ſlaves to the Mahumetanes. Who …xcluded the Roman Emperor from Rome and Italy? the Bishop of Rome: the Politicall riſing of the one was the ruin of the other. And ſince the other ſort of Emperors have acknowledge their power to ſtand upon the power of the Roman B. they have but the shadow of an Emp. Hovv fond a thing is it to conceive, that a K. or kingdom can not ſtand without Lordly B^s! certainly it is a ſtrange and new principle of State Objection. 1. May not Bishops be good men? Anſwer, yea, and ſome good men have been Bishops: But 1. compare the number of good Bishops with the number of pro…d and............Bishops; and compare the good they have done unto Kings and Kingdoms with what ill others have done unto Kings & Kingdoms. 2. In the example of Bishop Grindall ſee what hath been the practiſe of a good Bishop; and what hath been his entertainment by others. 3. Conſider how a Lordship changeth manners; as when Queen Eliſabet gave unto a Miniſter a Patent unto a Bishoprick, she ſaid, Tooday I have marred a good Miniſter. 4. Conſider not ſo much what may be, but what uſually comes to paſs; or rather what should bee according to the pattern preſcribed by Him who is wiſeſt. 5. It may be anſwered unto this queſtion by another, Can he be a good man, to whom the will of any man is the law of his conſcience? Ja. Nicolſon Min. at Miegle received from Kings Iames in the year 1608. a Patent unto the Bishoprick of Dunkell, and after that, he was diſeaſed in body for a long time, and alſo grieved in time of his ſicknes: David Lindſay (then Miniſter at Dundy, and his brother-in-law) went to viſit him, and Iames ſaid unto him, I give you may advice, and ſee that you never forget it: Bee never a Bishop: if you be a Bishop, you muſt reſolve to take the will of your Soveraigne as the law of your couſcience. He ſaid ſo with grief, and from his own experience: as I heard from two faihfull witneſſes, to wit, his brother (who was alſo a miniſter) and his ſon. Whether others have the like experiment, I leave it unto conſideration. 6. Can be be a good man, who undertakes …o offices then he is p. 461able to diſcharge? If he ſay, that he will diſcharge them by his under. Officers, will he make his accouns unto God by his under Officers? and by them go into heaven or hell? but vvhere hath a Preacher a vvarrand to do ſo? In the dayes of John Chryſoſtom that Human Epiſopacy was more Spirituall, and far leſs Secular (for it was not a Secular Lordship) and nevertheleſs behold what he ſaith in Homil. 1. On the epiſtle unto Titus, I can not admire ſufficiently of them, who are deſirous of ſuch burdens; O the moſt unhappy and the moſ… wretched of men, conſidereſt thou not what thou deſueſt? &c. I wish that all who are ambitious of epiſcopacy, would read ſeriouſly what he hath written in that place, and in the Morale part of the homily immediatly following. Object. 2. Seing Authority will have Bishops, may not good men take Bishopriks rather then ſuffer other men to take them? Anſ. 1. This is as if one would ſay, If Authority will have men to make shipwrack of their conſciences, may not good men make shipwrack of their conſciences rather then others? 2. William Couper Miniſter at Perth was continually preaching againſt epiſcopacy: K. James hearing of him, thought the readieſt way to shut up his mouth, was to try him with a Bishoprick: when the Patent was tendered unto Couper as a teſtimony of the Kings favor, he ſought the advice of John Hall then Miniſter at Edinburgh, who ſmelling the others inconſtancy, ſaid, Take it, take it, another knave will take it. 3. A Courtier ſaid once unto K. James, Sir, you give Bishopriks unto men, of whom ſome are unable to preach, ſome are not prudent, and ſome are ſcandalous. The King anſwered (as I have heard it oft reported by credible men) What shall I doe? no honeſt men will take one. This anſwer holds firmly, if they know what hath been ſaid in the ſecond, fifth and ſixth anſwers unto the preceeding objection.

XXIV. In England after the Reformation good and many men did oppoſe A S…pplication to the Parliament of England, againſt Epiſcopacy.epiſcopacy: I will not commend all that did oppoſe: but poſterity may know what hath been done. About the year 1570. was great oppoſition againſt Bishops and their government and their ſuperſtitious rites, as witneſſeth an Admonition to the Parliament, which came into my hand by the reprinting of it in the year 1642▪ and is worthy the reading: the words are, Seing nothing in this mortall life is more diligently to be ſought for, and carefully to be looked unto, than the reſtitution of true religion, and reformation of Gods Church, it shall be your parts (dearly beloved) in this preſent Parliament aſſembled, as much as in you lieth, diligently to promote the ſame, and to employ your wholl labor and ſtudy, not only in abandoning all popish remnants both in ceremonies and regiment, but alſo in bringing-in and placing in Gods Church thoſe things only, which God himſelfe in his word commandeth, becauſe it is not enough to take paines in taking away evill, but alſo to be occupied in placing good in ſtead thereof. Now becauſe many men ſee not all things, and the world in this reſpect is marvelouſly blinded, it hath been thought good, to proferr unto your godly conſiderations a true platform of a Church reformed, to the end, that it being layd before your eies, to behold the great unlikeneſs betwixt it and this our English Church: you may learn either with perfect hatred to deteſt the one, and with ſingular love to embrace, and carefully endeavoure to plant the other, or els to be without excuſe before the Ma…eſty of our God, who (for the diſcharge of our conſcience and manifeſtation of his truth) hath by us revealed unto you at this preſent, the ſincerity and ſimplicity of his Goſpell, Not that you should either willfully with ſtand or ungraciouſly tread the ſame under your feet (for God doth p. 462not diſcloſe his will to any ſuch end) but that you should yet now at the length with all your main and might endeavour, that Chriſt (whoſe eaſy yoke and light burthen wee have of long time caſt off from us) might rule and raign in his Church by the ſcepter of his word only. May it therefore pleaſe your wiſdomes to underſtand; Wee in England are ſo far from having a Church rightly reformed, according to the preſcript of Gods word, that as yet wee are not come to the outward face of the ſame. For to ſpeak of that, whereof all conſent, and whereupon all writers accord; the outward marks whereby a true Church is known, are the preaching of the word purely, Miniſtring the ſacraments ſincerely. and eccleſiaſticall diſciplin, which conſiſtes in admonition, and correction of faults ſeverely. Touching the firſt, namely, the Miniſtry of the word, although it muſt 2. Againſt corruptious in the Mi…iſtry.be confeſſed, that the ſubſtance of doctrin by many delivered is ſound & good, yet herein it faileth, that neither the Miniſters thereof are according to Gods vvord, proved, elected, called or ordained, nor the function in ſuch ſort ſo narrovvly looked unto, as of right it ought, and is of neceſſity required. For vvhereas in the old Church a tryall vvas had, both of their ability to inſtruct, and of their godly converſation alſo; novv by the letters commendatory of ſome one man, Noble or other, tag & rag, learned or unlearned, of the baſeſt ſort of the people (to the ſlander of the goſpell in the mouthes of adverſaries) are freely received......Then they taught others; novv they muſt be inſtructed themſelves, and therefore like young children they [ſome of them] muſt learn Catechiſmes. Then election was made by the common conſent of the wholl Church; now every one picketh out for himſelf ſome notable good Benefice, he obtaineth the next advouſon, by money or by favor, and ſo things himſelfe to be …ufficiently choſen. Then the Congregation had authority to call Miniſters; in ſtead thereof now they run, they ride and by unlawfull ſute and buying, prevent other ſuters alſo. Then no Miniſter was placed in any congregation, but by conſent of the people; now that authority is given into the hands of the B. alone, who by his ſole authority thruſtes upon them ſuch as many times alſwell for unhoneſt life, as for lack of learning, they may and do juſtl… diſlike. Then none was admitted to the Miniſtry, but a place was void before hand, to which he should be called, but now Bb. (to whom the right of ordering Miniſters doth at no hand appertain) do make 60. 80. or a 100. at a clap, and ſend them abroad into the Coun…ry, like maſterleſs men. Then after juſt tryall and vocation they were admitted to the function by laying on of the hands of the company of the Eledrship only; now (neitheir of theſe being looked unto) there is required (and all be) a ſurpleſs, a veſtiment, a paſtorall ſtaff, beſids that ridiculous, and (as they uſe it to their new creatures) blaſphemous ſaying, receive yee the holy Ghoſt. Then every Paſtor had his flock, and every flock his shepherd or els shepherds; now they do not only run fysking from place to place (a miſerable diſorder in Gods Church) but covetouſly joyn living, to living, making shipwrack of their own conſciences, and being but one shepherd, (nay would to God, they were shepherds, and not wolves) have flocks. Then the Miniſters were Preachers; now bare Readers: and if any be ſo well diſpoſed to preach in their own charges, they may not vvithout my Lord's licence. In theſe days they vvere knovvn by voice, learning & doctrin; novv they muſt be diſcerned from others by popish and anti-Chriſtian apparell, as cap, govvn, tippet, &c. Then as God gave utterance, they preached the vvord only; novv they read homilies, Articles, injunctions, &c. p. 463Then it vvas painfull; novv gainfull: then poor and ignominious; novv rich and glorious. And therefore titles, livings and offices by Anticrhiſt deviſed are given to them as Metropolitane, Archbishop, Lords grace, Lord Bishop, Suff…agan, Dean, Archdeacon, Prelate of the Gatter, Earle, County Palatine, High Commiſſioners, Juſtices of peace and Quorum, &c. All which together with their offices; as they are ſtrange & unheard-of in Chriſts Church, nay plainly in Gods word forbidden, So are they utterly with ſpeed out of the ſame to be removed. Then Miniſters were not tied to any form of prayers invented by man, but as the ſpirit moved them, ſo they powred out hearty ſupplications to the Lord; Now they are bound of neceſſity to a preſcript order of ſervice and book of common prayer, in which a great number of things contrary to Gods word, are contained, as baptiſm by women, privat communions, Jewish purifyings, obſervings of holy days, &c. patched, if not altogether, yet the greateſt peece, out of the Pop's portuis. Then feeding the flock diligently, now teaching quarterly: then preaching in ſeaſon, out of ſeaſon; novv once in a month is thought ſufficient; if tvvice, it is judged a vvork of ſupererogation: then nothing taught but Gods vvord; novv Princes pleaſures, mens devices, popish ceremonies and Antichriſtian rites in publick pulpits are defended. Then they ſought them; now theſe ſeek theirs. Theſe and a great many other abuſes are in the Miniſtry remaining, which unleſs they be removed, and the truth brought in, not only Gods juſtice shall be powred forth, but Gods Church in this realm shall never be builded; for if they who ſeem to be workmen are not workmen indeed, but in name, or els work not ſo d…ligently and in ſuch order, as the workmaſter commandeth, it is not only unlikly, that the building shall go foreward, but altogether impoſſible, that ever it shall be perfected. The way therefore to avoid theſe inconveniences, and to reform theſe deformities is this. your wiſdoms have to remove advouſons, patronages, Impropriations, and B. authority, claming to themſelfs thereby right to ordain Miniſters; and to bring-in that old & true election, which was accuſtomed to be made by the congregation: you muſt diſplace theſe ignorant & unable Miniſters already placed; and in their roomes appoint ſuch as can and will by Gods aſſiſtance feed the flock: you muſt pluck down, and utterly overthrow without hope of reſtitution, the court of Faculties, from whence not only licences to enjoy many benefices are obtained, as Pluralities, Trialities, Totquots, &c. But all things for the moſt part as in the court of Rome are ſet on ſale, licences to marry, to eat flesh in times prohibited, to lie from Benefices and charges, a great number beſide of ſuch abominations. Appoint to eve…y congregation a learned & diligent preacher. Remove Homilies, articles, injunctions, a preſcript order of ſervice, made ou… of the Maſſe-book. Take avvay the Lordship, the loytering, the pomp, the idleneſs and livings of Bishops, but yet employ them to ſuch ends, as they vvere in the old Church appointed for. Let a lavvfull & goodly Seigniory look, that they preach, not quarterly or monthly, but continually; …ot for filthy lucre ſake, but of a ready minde. So God shall be glorified, your conſciences diſcharged, and the flock of Chriſt (purchaſed vvith his own blood) edified. The ſecond point concerning the Sacraments I paſſe over, becauſe I have ſpoken of theſe rites in another place: then it followes. The third part concernes eccleſticall diſciplin: the officers that have to deal 3. For another diſciplin in Churches.in this charge are chiefly, three Miniſters, preachers or paſtors (of whom before, Seniors or Elders; and deacons. Concerning Seniors, not p. 464only their office, but their name alſo is out of this English Church utterly removed. Their office was to govern the Church with the reſt of the Miniſters, conſult, to admonish, to correct and to order all things appertainning to the ſtate of the congregation. In ſtead of theſe Seniors in every Church, the Pope hath brought in, and wee yet maintain the Lordship of one man over many churches; yea over ſundry Shires. Theſe Seniors then, becauſe their charge was not over much, did execute their office in their own perſons without ſubſtitutes. Our Lord Bishops have their under-officers, as Suffraganes, Chancellors, Archdeacons, Officials, Commiſſiaries, and the like. Touching Deacons, thogh the name be remaining, yet is the office ſowly perverted & turned upſide down: For their duty in the primitive Church, was to gather the alms diligently, and to diſtribute it faithfully, alſo for the ſick and impotent perſons to provide painfully, having ever a diligent care, that the charity of godly men were not waſted on loiterers and idle vagabounds. Now it is the firſt ſtep to the Miniſtery, nay, rather a meer order of prieſthood: for they may baptize in the preſence of a Bishop or prieſt, or in their abſence (if neceſſity require) Miniſter the other ſacrament, likwiſe read the holy Scriptures and homilies in the congregation, inſtruct the youth in the catechiſm, and alſo preach, if he be commanded by the Bishop. Again in the old church, every congregation had their deacons; now they are tied to Cathedrall churches only, and what do they there? gather the almes, and diſtribut to the poore? nay, that is the leaſt peece or rather no part of their function. What then? to ſing a goſpell, when the Bishop Miniſtreth the communion. If this he not a perverting of this office & charge, let every one judge. And yet leſt the reformers of our time should ſeem to take utterly out of Gods Church this neceſſary function, they appoint ſomewhat to it concerning the poore, and that is, to ſearch for the ſick, needy & impotent people of the parish, and to intimate their eſtates, names & places where they dwell, to the Curat, that by his exhortation they may be relieved by the parish or other convenient almes. And this you ſee, is the nigheſt part of his office. and yet you muſt underſtand it, to be in ſuch places, where is a Curate and a deacon: every parish can not be at that coſt to have both: nay, no parish ſo far as can be gathered, at this preſent hath. Now then, if you will reſtore the Church to its ancient officers, this you muſt do; in ſtead of an Archbishop or Lord Bishop, you muſt make equality of Miniſters. In ſtead of Chancelors, archdeacons, officials, commiſſaries, proctors, doctors, ſummoners, churchwardens and the like you have to plant in every congregation a lawfull & godly Seigniory. The deaconship muſt not be confounded with the Miniſtry, nor the collectors for the poor may not uſurpe the deacones office but he that hath an office, muſt look to his office, and every man muſt keep himſelf within the bounds & limites of his own vocation. And to theſe three jointly, that is, the Miniſter, Seniors & deacons is the whole regiment of the Church to be committed. The vſe … diſcipl…nThis regiment conſiſts eſpecially in eccleſiaſticall diſciplin, which is an order leſt by God unto his Church, whereby men learn to frame their wills and doings according to the law of God, by inſtructing & admonishing one another, yea and by correcting & punishing all wilfull perſons rnd contemners of the ſame. Of this diſciplin there are two kindes, one privat, wherewith we will not deal, becauſe it is impertinent to our purpoſe; another publick, which although it hath p. 465been long banished, yet if now at length it might be reſtored, would be very neceſſary & profitable for the building up of Gods houſe. The finall end of this diſciplin is, the reforming of the diſordered, and to bring them to repentance, and to bridle ſuch as would offend. The chiefeſt part and laſt punishment of this diſciplin is excommunication, by the conſent of the Church determined if the offender be obſtinat: which how miſerably it hath been by the Popes proctors, and is by our new canoniſts abuſed, who ſeeth not? In the primitive Church it was in many mens hands; now one alone excommunicates. In thoſe dayes it was the laſt cenſure of the Church, and never went forth but for notorious crimes; now it is pronounced for every light trifle: then excommunication was greatly regarded & feared; now becauſe it is a money-matter, no whit at at all eſteemed. Then for great ſins, ſevere punishment; and fot ſmall offenſes, litle cenſures; now great ſins either not at all punished, as blaſphemy, uſury, &c. or ſleightly paſſed over, with pricking in a blanket, or pinning in a sheet, as adultery, whoordom. drunkenneſs, &c. Again ſuch as are no ſins (as if a man conform not himſelfe to popish orders & ceremones, if he come not at the whiſtle of him, who by Gods word hath no authority to call, wee mean Chancelors, Officials, Doctors and all that rable) are grievouſly punished not only by excommunication, ſuſpenſion, deprivation and other (as they tearme it) ſpirituall coërcion, but alſo by banishing, impriſoning, reviling, taunting, and what not: Then the Sentence was tempered according to the notoriouſneſs of the fact, now on the one ſide either hatred againſt ſome perſons carrieth men head long into rash & cruell judgement, or els favor affection or money mitigates the rigor of the ſame: and all this comes to paſſe, becauſe the regiment left by Chriſt unto his Church, is committed into the mans hand, whom alone it shall be more eaſy for the wicked by bribing to pervert, than to overthrow the faith & piety of a zealous & godly company: for ſuch manner of men should the Seigniors bee. Then it was ſaid, Tell the Church; now it is ſpoken, Complain to my Lords grace, primate & Metropolitane of all England, or to his inferior, my Lord B. of the Dioceſſe; if not to him, Shew the Chancelor, or Officiall, or Commiſſary or Doctor. Again whereas the excommunicate were never received, till they had publickly confeſſed their offence; now for paying the fees of the Court, they shall by Maſter Officiall or Chancelor eaſily be abſolved in ſome privat place. Then the Congregation grieved by the wickednes of the offender, was by his publick pennance ſatiſfied; now abſolution shall be pronounced, thogh that be not accomplished. Then the party offending should in his own perſon hear the Sentence of abſolution pronounced; now Bishops, archdeacons, Chancelors, officialls, commiſſares and the like abſolve one man for another. And this is that order of eccleſiaſticall diſciplin, which all godly wish to be reſtored, to the end, that every one may by the ſame be keept within the limits of his vocations, and a great number may be brought to live in godly converſation. Not that we mean to take away the authority of the Civil Magiſtrat and chief Governor, to whom wee wish all bleſſedneſs, and for the increaſe of whoſe godlineſs wee pray dayly; but that Chriſt being reſtored into his Kingdom, to rule in the ſame by the ſcepter of his word and ſevere diſciplin, the Prince may be the better obeied, the realm flourish more in godlineſs, and the Lord himſelf more ſincerely and purely according to his word ſerved, than heretofore he hath been, or yet at this preſent time is. Amend p. 466therefore theſe horrible abuſes, and reform Gods Church, and the Lord is on your right hand, you shall not be removed for ever. For he will deliver and defend you from all your enemies either at home or abroad, as he did faithfull Jacob and good Jehoshaphat. Let theſe things alone, and God is a righteous Judge: he will one day call you to your reckoning. Is a reformation good for France, and can it be evill for England? Is diſcipline meet fo… Scotland, and is it unprofitable for this realm? Surely God hath ſet theſe exampls before your eies, to encourage you to go forward to a thorow and ſpeedy reformation. You may not do as heretofore you have done, patch, and peece, nay rather go backward, and never labor or contend to perfection. But altogether remove whole antichriſt, both head, body and branch, and perfectly plant that purity of the word, that ſimplicity of the ſacraments and ſeverity of diſciplin, which Chriſt hath commanded, and commended to his Church. And here to end, wee deſire all to ſuppoſe, that we have not attempted this enterpriſe for vain glory, gain, preferment or any worldly reſpect: neither yet judging ourſelves, ſo exactly to have ſet out the eſtate of a Church reformed, as that nothing more could be added, or a more perfect form and order drawn: for that were great preſumption, to arrogat ſo much to ourſelves, ſeing that as we are but weak and ſimple ſouls, ſo God hath raiſed up men of profound judgement and notable learning; But hereby to declare our good wills towards the ſetting forth of Gods glory, and the building up of his Church, accounting this as it were but an entrance into further matter, hoping that our God, who hath in us begun this good work, will not only in time hereafter make us ſtrong and able to go foreward herein, but alſo move others, upon whom he hath beſtowd greater meaſure of his gifts and graces, to labor more throughly and fully in the ſame. The God of all glory ſo open your eyes to ſee his truth, that you may not only be enflammed with a love thereof, but with a continuall care ſeek to promote, plant, & place the ſame among us, that we the English people, and our poſterity enjoying the ſincerity of Gods goſpell for ever, may ſay always, The Lord be praiſed. To whom with Chriſt Jeſus his ſon our only Savior, and the H. Ghoſt our only Conforter be honor, praiſe and glory for ever and ever. Amen. Now (excepting theſe, whoſe faults are here touched) who can ſay but this was a wholſom admonition? and certainly it doth concern all in power, which shall read it untill the end of the would. But what followed upon it? the Bishops rage, and perſecute the Miniſters, which dar ſpeak againſt their dominion, or will not conform unto their toyes, I will here remember one paſſage. An. Archprieſt Blackwell being about that time priſoner in the Clink, where ſundry Miniſters were alſo priſoners, ſaid to one of them, he marvelled of what religion the B^s of England were: us they committ (ſaid he) becauſe we are papiſts; and you they commit, becauſe yee will not be papiſts: that they perſecute us, it is not much to be marveled, becauſe there is ſome ſeeming difference betwixt them and us, though it be not much: but that one Miniſter of the goſpell should perſecute another, or that one proteſtant doth purſue another to bonds and impriſonment for religions ſake, is a ſtrange thing: but of the two, they love us better: a Papiſt they like well enough, if they durſt shew it, but Puritanes they hate with their heart, and that all the world may ſee. So ſaid he. It was their cuſtom to revile with the name of Puritanes all who did oppoſe their courſe. What the Prieſt ſaid tauntingly, was the lamentation of many: I will name the teſtimony but of one, a learned and piousman, as his works yet extant p. 467do demonſtrate; I mean, John Udall ſomtimes Miniſter at Kingſtown upon Thames, who in the year 1588. ended his life in the Whyte-lion in Southwerk as priſoner for oppoſing epiſcopacy: among other pieces he The teſtimony of I. Vdal concerning the practiſes of Bb.deſcribeth The eſtate of the Church of Enlgland in a Conference: there he shewes, 1. That a Bishop and a Papiſt were ſent by the other Bishops, into Scotland, to ſubvert their Generall Aſſemblies and the reſt of their juriſdiction, for fear that if the Miniſters in Scotland had got up their diſciplin, the Soverainety of Bishops had fallen in England alſo: he ſaith, they prevailed a while in Scotland: but the whole Land cried out for diciplin again, and the Noble men did ſo ſtiffly ſtand to it, and the Miniſters that came home from England, dealt ſo boldly with the King, that I [ſaid the Bishop] was utterly caſt out without all hope ever to do any good there again. 2. He telleth of a Miniſter declaring unto the Bishop (as▪ not knowing one another) three abominations committed by the Bishops in England, firſt rhey bear ſuch enmity againſt the kingdom of Jeſus Chriſt, that they put to ſilence one after another, and will never ceaſe (if God bridle them not) untill they have rooted out of the Church all the learned, godly and painfull teachers. The ſecond is, that they enlarge the liberties of the common enemies, the Papiſts. The laſt is, that they committ the feeding of the flocks of Chriſt, unto thoſe, that prey upon them, and either can not or will not labor to reclaim the wandring sheep; So that the concluſion may be gathered upon their actions, it muſt needs be the everſion and overthrow of the goſpell, and ſo conſequently the bringing-in of popery and atheiſm. 3. a gentle man askes the Bishop. Why he had taken a Papiſt with him into Scotland, ſeing if he be a right Papiſt; he would labor to erect the Popes Kingdom? The B. anſwered; That man was thought fit above all others to go with him; and if he had not had a Papiſt with him, he could never have looked to prevail, becauſe our dignities and Government comes wholly and every part thereof from the Pope, and is ruled and defended by the ſame canons, whereby his Popedom is ſupported. So that if I had wanted their helps, I had had no authority either from God or man; no help either by reaſon or learning, whereby I could have been furthered: And whereas you ſay, that he would labor to erect the Popes Kingdom; no queſtion but he did ſo, and that made for us (ſaid the Bishop) for albeit we would if we might, of the two, keep rather the Proteſtant Religion with our dignities then the other, yet had we rather change our Religion than forgo our priviledges......and vvee have retained them of purpoſe, for vve can bear vvith their Religion, ſo that they bear up our authority, &c. Teſtimonies againſt Epiſcopacy. of B. Iewel.I wil not think, that all the Bishops vvere of this mind, but too many of them vvere ſuch, as is cleare by their ſilencing and depoſing ſo many learned men, I, and their banishing ſuch, as that learned Thomas Cartvvright, &c. In this diſcourſe vvee ſee alſo vvhat grounds they had for Epiſcopacy: and for clearing this point, I vvill ſubjoyn but tvvo or three teſtimonies; one of that learned Bishop Jewell: in many places he ſpeakes of the equality of a Bishop and a prieſt: I name but The defenſe ef the Apology againſt Harding, edit An. 1570. pag. 243. ſaying, What meaneth M. Hardinge, to come in with the difference between prieſts and Bishops?...,. Is it ſo horrible an hereſy, as he makes it, to ſay▪ that by the Scriptures of God, a Bishop and a prieſt are all one? or knowes he, how far and unto whom he reaches the name of an hereticque? Verily Chryſoſtom ſaith on 1. Tim. homil. 1…. Inter Epiſcopum & Presbyterum intereſt fermè nihil, between a Bishop and Prieſt in a manner is no difference. S. Jerom ad Evagr. ſaith p. 468ſomwhat in rougher ſort, Audio quendam in tantam erupiſſe vecordiam, ut diaconos presbyteris, id eſt, epiſcopis anteferret, Cùm Apoſtolus perſpicuè doceat eoſdem eſſe presbyteros, qu…s epiſcopos. I hear ſay, there is one become ſo peevish, that he ſetteth deacons before prieſts, that is, Bishops, whereas the Apoſtle plainly teaches us, that prieſts and Bishops be all one. S. Auguſtin in queſt. Vet. & Nov Toſt. qu. 101. ſaith, Quid eſt Epiſcopus niſi primus Preſbyter, hoc eſt, ſummus ſacordos? what is a Bishop but the firſt prieſt, that is, the higheſt prieſt. So ſaith S. Ambroſe de dignit. ſacerdot. Epiſcopi & Presbyteri una ordinatio eſt: uterque enim ſacerdos, ſed epiſcopus primus eſt, There is but one conſecration of a prieſt and a Bishop: for both of them are prieſts, but the Bishop is the firſt. All theſe and other mo holy Fathers together with S. Paul the Apoſtle, for thus ſaiyng, by M. Hardinges advice, muſt be holden for heretiques. So Ivell. Another teſtimony is Doctor Reynolds 2. Of D. Reynolds.Letter to Sir Francis Knollis, concerning Do. Bancrofts Sermon at Pauls croſs Febr. 9. 1588. in the Parliament time. Becauſe I have not ſeen this Letter among the Doctors works, and I think it is not common, but I have found it printed with ſome o…her pieces of that kind, I ſet it down here word by word; Albeit (right honorable) I take greater confort in labouring to diſcover & overthrow the errors of Jeſuits & Papiſts (enemies of religion) then of the Miniſters of Chriſt; yet ſeing it hath pleaſed your Ho▪ to require mee, to shew my opinion of theſe things, which certain of theſe men maintain and ſtand in, I thought it my duty by the example of Levi, Deut. 33. who ſaid of his father & mother, I regarde them not, nor acknowledged he his brethren, to declare the truth without reſpect of perſons. Of the two points therefore in Do. Bancrofts Sermon, which your Ho. mentioneth. one is, concerning that he ſeemes to avouch, The ſuperiority, which Bishops have among us over the Clergy, to be Gods own ordinance, though not by expreſſe words, yet by neceſſary conſequence, in that he affirmes their opinion, who oppugne that Superiority to be hereſy. Wherein, I muſt confeſſe, he hath committed an overſight, in my judgement, and himſelf, I think, if he be advertiſed, will acknowledge it. For having ſaid firſt, that Aërius affirmeth, that there was no difference by the word of God betwixt a Prieſt and a Bishop; and afterward, that Martine and his companions do maintain this opinion of Aërius, he addeth, that Aërius perſiſting therein was condemned for an heretick by the generall conſent of the whol Church, and likewiſe that Martin and all his companions opinion hath herein been condemned for hereſy. Touching Martin, if any man behave himſelf otherwiſe then in diſcretion & charity he ought, let the blame be laid, where the fault is; I defend him not: but if by the way he utter a trueth, mingled with whatſoever els, it is not reaſon, that that which is of God, should be condemned for that which is of man, no more than the doctrine of the reſurrection should be reproved, becauſe it was maintained & held by the Phariſes. Wherefore removing the odious name of Martin, from that which in ſincerity & love is to be dealt with, it appeares by the aforeſaid words of D. Bancroft, that he avouches the Superiority, which B. have over the Clergy to be Gods own ordinance: for he improves the impugners of it, as holding with Aërius, that there is no difference by the word of God betwixt a Prieſt, and a Bishop: which he could not do with reaſon, unleſs he himſelfe approved the B^s ſuperiority, as eſtablished by Gods word: and he addeth, that their opinion, who gaine-ſayd, is hereſy: whereof it inſueth, he thinkes it contrary to Gods word, ſith hereſy is an error repugnant to the truth of the word of God, as according to the Scriptures, our own Church doth teach p. 469us. Now the arguments, which he bringeth to prove it an hereſy, are partly over vveak, partly untrue; over weake, that he beginneth vvith one of Epiphanius; untrue, that he adioyneth the univerſall conſent of the Church. For thogh Epiphanius do ſay, that Aërius aſſertion is full of foly, yet he diſproves not the reaſon, vvhichwhich Aërius ſtood on, out of the Scripture; nay he deales ſo in ſeeking to diſprove it, that Bellarm in the Jeſuit, To. 1. contr. 5. l. 1. c. 15. deſirous to make the beſt of Epiphanius, whoſe opinion here in he maintaineth againſt the Proteſtauts, yet is forced to confeſſe, that Epiphanius his anſwer is none of the wiſeſt, nor any way can fit the text. As for the generall conſent of the whole Church, which D. Bancroft ſaith, condemned that opinion of Aërius for an hereſy, and himſe…f for an heretik, becauſe he perſiſted in it, that is a large ſpeach: but what proof has he, that the Church did ſo? it appeares, he ſaith, in Epiphanius. It doth not, and the contrary appeares by S. Jerom, in epi. ad Tit. & ad Euagr. and ſondry others, who lived, ſome in the ſame time, ſome after Epiph. even Auſtin himſelf, thogh D. Bancroft cite him, as bearing witnes thereof likewiſe; I grant, S. Auſtin in his book of hereſies, aſcribeth this to Aërius, for one, that he ſaid, Presbyterum ab Epiſcopo nulla differentiâ debere diſcerni: but it is one thing to ſay, There ought to be no difference betwixt them (which Aerius ſaying condemned the Churches order, yea, made a ſchiſm therein, and is ſo cenſured by S. Auſtin, counting it an hereſy, as in Epiphanius he took it recorded, himſelf (as he witneſſeth de hereſ. ad Quod vuld. in praefat.) not knowing, hovv farr the name of hereſy should be ſtretched) and another thing to ſay, that by the word of God there is no difference betwixt them, but by the order & cuſtom of the Church, vvhichwhich Auguſtin himſelf ſaith in effect, epiſt. 19. ſo far vvas he from vvitneſſing this to be hereſy, by the generall conſent of the vvhole Church. Which untruth, hovv vvrongfully it is fathered on him, and on Epiphanius [vvho yet are all the vvineſſes, that D. Bancroft hath produced for the proof hereof, or can, for ought that I knovv] it may appear by this, that our learned country man of godly memory Bishop Jevvell def. of the Apol. Par. 2. c. 9. div. 1. pag. 198. when Harding to convince the ſame opinion of hereſy, alledged the ſame witneſſes, he citing to the contrary Chryſoſtom, Jerom, Auſtin & Ambroſe, knit up his anſwer with theſe words, All theſe, and other mo holy Fathers, to gether with the Apoſtle S. Paul, for thus ſaying, by Hardings advice, muſ… be held for heretiks. And Michaell Medina, a man of great account in the Councell of Trent, more ingenuous herein than many other Papiſts, affirmes not only the former ancient writers alledged by Bishop Jewell, but alſo another Jerom, Thodoret, Primaſius, Sedulius and Theophylact, were of the ſame mind touching this matter with Aërius, With whom agree likwiſe Oecumenenius on. Tim. 3. and Anſelm Archbishop of Canterburry in epi, ad Tit and another Anſelm Collect. can. lib. 7. ca. 87. & 127. and Gregory Polic. lib. 2. tit. 19. & 39. and Gratian ca. Legimus diſt. 39. & ca. Olim, diſt. 95. and after them how many? It being once enrolled in the Canon-law for ſound & catholike doctrin, and thereupon publickly taught by learned men; All which do bear witnes againſt D. Bancroft of the point in queſtion, that it was not condemned for an Hereſy by the generall conſent of the whole Church. For if he should reply, that theſe later witneſſes did live a 1000. year after Chriſt, and therefore touch not him, who ſaid, it was condemned ſo in the time of S. Auſten and of Epiphanius, the moſt flourishing time of the Church, that ever hapned ſince the Apoſtles dayes, either in reſpect of learning or of zeal, firſt they whom I named, though living in a later time, yet are witneſſes of former. 1▪ Oecumenius the Greek Scholiaſt treading in the ſteps of the old Greek Fathers, and the Anſelmes p. 470with Gregory & Gratian expreſſing Jeroms ſentence word by word. Beſids that perhaps it is not very likely, that Anſelm of Canterburry should have been canonized by the Pope of Rome, and worshipped for a Saint, that the other Anſelm and Gregory should have ſuch place in the P^s library, and be eſteemed of, as they are; that Gratian's works should be allovved ſo long time by ſo many Popes for the golden foundation of the Canon-lavv, if they had taught, that for Catholik & ſound, vvhichwhich by the generall conſent o… the vvhole Church, in the moſt flourishing time that ever happened ſince the A poſtles dayes, vvas condemned for Hereſy; chiefly in a matter of ſuch weight and moment to the Popes Supremacy; which as they do claim over all Bishops by the ordinance of God, ſo muſt they allow Bishops over Prieſts by the ſame ordinance, as they ſaw at length: and therefore have not only decreed it now in the Councell of Trent, but alſo in the new edition of their Canon-law have ſet down this note, that on Hughs Gloſſe allovved by the Archdeacon (ſaying, that Bishops have differed from Prieſts alwayes as they do now in Government, and prelatship and Sacrament, but not in the name and Title of Bishop, which was common to them both, muſt be held hereafter for S. Jeroms meaning; at leaſt for the meaning of the Canon taken out of S. Jerom, though his vvords be flat & plain againſt this gloſſe, as Bellarmin himſelf confeſſes li. cit. ca. Whereunto may be added, that they alſo vvho have labored about the Reforming of the Church theſe 500 years, have taught that all Paſtors, be they entituled Bishops or Prieſts have equall authority & power by Gods word. Firſt the Waldenſes. [in Aen. Sylv. Hiſt. Bohem. c. 35. & Pigh. Hierarch. Eccleſiaſt l. 2. cap. 10.] next Marſilius Patavinus in Defen. pacis part. 2. c. 15. Then Wicliff [in Tho. Wald. Doctr. fidei tom. 1. lib. 2. cap. 60. & tom. 2. c. 7.] and his ſchollers; afterward Huſſe and the Huſſites, Aen. Sylv. lo. cit. laſt of all, Luther, adverſus falſo nominatos ord. Sco. Epiſc. & adverſus Papat. Roma; Calvin. i… in Epiſt. ad Philipp. 1. & Tit. 1. Brentius, Apolog. confeſs. Wittemberg. cap. 21. Bullinger. Deca. 5. ſerm. 3. Muſculus, Loc. commun. tit. de Miniſterio Verb…. and others, who may be reckoned particularly in great number, ſith as here with us both Bishops, Jewell. loc. cit. Pilkinton in the Treatiſe of burning Pauls Church, and the Queen's Profeſſors of Divinity in our Univerſities, D. Humphrey in Campia. & Durae Jeſuitas part. 2. rat. 3. & Whitak. ad rat. Campi. 6 & Confut. Duraei lib. 6. And other learned men do conſent herein▪ M. Bradford, Lambert and others in Fox act. &c. D. Fulk againſt Briſtow's not… 40. and anſwer to the Rhem. Tit. 1. 5. So in forrein Nations all that I have read treating of this matter, and many mo (no doubt) whom I have not read The ſifting & examining of the Trent Councell hath been undertaken by only two, which I have ſeen, the one a Divine, the other, a Lawier, Kemnitius and Gentilletus: They both condemn the contrary doctrin thereunto, as a Trent error; the one by Scriptures and Fathers; the othe… by the Canon-law. But what do I further ſpeak of ſeverall perſons: It is the common judgement of the Churches of Helvetis, Savoy, France▪ Scotland, Germany, Hungary, Polond, The Low-Countryes, and our own: witnes the Harmony of Confeſſion Sect. 11. Wherefore ſith D. Bancroft (I aſſute myſelf) will not ſay, that all thoſe have approved that as ſounde and Chriſtian doctrin, which by the generall conſent of the whole Church, in a moſt florishing time, was condemned for hereſy, I hope, he will acknowledge, that he was overſeen, in that he avouched, the Superiority which Bishops have among us over the Clergy, to be of Gods ordinance. And this farr of the former point of D. Bancrofts Sermon. The latter is, concerning that he affirmeth, that S. Jerom ſaith, and M. Calvin ſeemes on his p. 471report, to confeſſe that Bishops have had the ſaid Superiority ever ſince the time of S. Mark the Evangeliſt. Of the which point, I think as of the former, ſith neither Jerom ſaith it, neither doth Calvin ſeem to confeſſe it on his report. For Bishops among us, beſids ordaining and laying-on of hands, may do ſundry other things, which inferior Miniſters or Prieſts (as D. Bancroft termeth them) may not. But Jerom, after mention of the ſuperiority alloted to Bishops ſince Marks time, What doth a Bishop (ſaith he) except ordination, which a Prieſt doeth not? meaning & enforcing by this kind of ſpeach, as a thing moſt evident, and ſuch as no man could deny, that Bb. had that only power above prieſts then, which Chryſoſtom alſo witneſſeth. Though neither had they it alone in all places, as it is apparent by a Councell at Carthage, concil. 4. c. 3. shewing their Churches order, that the prieſts laid on their bands with the Bishop on thoſe who were ordained. Yet Jerom having proved by teſtimony of Scripture, that in the Apoſtles times, Bishops and prieſts were all one, even in the right of this too(. In 1. Tim. 4. 14) grants that afterwards Bishops had that peculiar to themſelves ſome where, but nothing els ſaue it. S. Jerom therefore ſaith not, of that ſuperiority whereof the queſtion is, that Bishops have had it ever ſince S. Marks time. No more doth M. Calvine ſeem to confeſſe it upon his report: for Calvin in the ſame place (In Inſtitu. lib. 4. c. 4. ſe. 2) that D. Bancroft quoteth, shewing how in old time the Miniſters that had charge to teach thoſe of their conpany, one in every City, to whom they did eſpecially give the title of Bishop; leſt equality should bteed diſſenſion, yet (ſaith he) the Bishop was not above them in honor & dignity, that he should rule over them, but look what is the Conſul's duty in the Senate, to propoſe matters, to ask their opinions, to direct others by giving them advice, by admonishing, by exhorting, ro guide the vvhole action by his authority, and ſee that performed, vvhichwhich vvas agreed upon by their common conſent, that charge had the Bishop in the aſſembly of Miniſters. And having declared that S. Jerom shevves this to have been broght in by the conſent of men, upon the firſt of Titus, he addeth that the ſame Jerom other where shewes, how ancient an order of the Church it was, even from Marks time to Hereclas & Dionyſius at Alexandria. In which words of Calvin, ſeing that the order of the Church he mentioneth, hath evident relation to that before deſcribed, and that in the deſcribing of it▪ he had ſaid, the Bishop was not ſo above the reſt in honor, that he had rule over them; it followes, that M. Calvin doth not ſo much as ſeem to confeſs upon Jeroms report, that ever ſince Marks time Bishops have had a ruling Superiority over the Clergy. Wherefore to uſe no more proofs in a thing manifeſt, which elſe might be eaſily proved more at large out of S. Jerom and M. Calvin both, It is certain, that neither of them doth affirm, that Bishops ſo long time have had ſuch ſuperiority, as D. Bancroft ſeemes to father upon them. Thus I have ſignified my opinion of the points, that your Ho. ſpecified in D. Bancrofts Sermon, &c. Unto this teſtimony of the learned Do. Reinolds, I ad another which is printed with it, and the rather, becauſe it is hiſtoricall: this is a Speach of the ſame Teſtimony of Sir …. Knollis againſt the …ſurpation of Bb.Sir Francis Knollis (Treaſurer of the Queens houſe, and Knight of the Garter) in a Parliament, as he himſelf related it to the L. Treaſurer Sir Wil. Cicill; in this tenor; To the end I may inform your L. of my dealing in this Parliament time againſt the undue claimed ſuperiority of the Bb. over their brethren, thus it was. Becauſe I was in the Parliament in the 25 year of King Henry VIII. in which time all the clergy as well Bb. as others, p. 472firſt made an humble ſubmiſſion to K. Henry. 8. acknowledging his Supremacy, and deteſting the B. of Romes authority: Upon which ſubmiſſion of the Clergy, the King gave unto the ſaid Bb. the ſame ample rule, that before they had under the Pope, over their inferior brethren; ſaving that the ſame rule was abridged by ſtatute by this parentheſis following, that is (without offending the prerogative Royall of the Crown of England, and the lawes & cuſtomes of the realm) In the latter end of the ſtatute it was added, That whoſoever offendeth in any one part of that ſtatute, and their aiders, counſellors and abettors, they all did fall into the penaltie of the Premunire. And after I had recited this ſtatute, in the Parliament houſe, I declared that in K. Henry VIII. his dayes, after this there was no Bishop, that did practize ſuperiority over their brethren. And in K. Edwards dayes, the Bishops obtained a ſtatute, whereby they were authorized, to keep the Courts in the Kings name. The which ſtatute was repealed in Queen Maries dayes, and is not revived in her Ma^s time that now is. Whereupon it was doubtfull to mee, by what authority the Bb. do keep their Courts now in their own names, becauſe it is againſt the Prerogative of the Crown of England, that any should keep a Court without a ſufficient warrant from the Crown. Whereupon I was anſwered, that the Bb. now do keep their Courts by preſcription; and it is true, that the Bb. may preſcribe, that K. Henry VIII. gave them authority by the ſtatute of the 25. of his reign, to have authority and rule over their inferior brethren, as ample as they had in the Popes time: but this was no ſpeciall warrant for them to keep their courts by and that in their own names. And yet they have no other warrant to keep their courts (as they do now in their own names) to my knowledge. And this was the cauſe, that made them obtain a ſtatute in K. Edwards dayes to keep their courts by in the Kings name. Now it is a ſtrange allegation, that the Bb. should claim authority at this preſent, to keep courts in their own names (as they do) by preſcription, Becauſe the ſtatute of 25. H. 8. doth reſtrain them generally from offending of the prerogative royall of the Crown of England, and the lawes & cuſtoms of the realm. And no man may keep a court juſtly without a ſpeciall warrant from the Crown of England, as is afore ſaid. And the generall liberty given by K. Hen. 8. to the Bb. to rule & govern, as they did in the Popes time, is no ſufficient warrant to the Bb. to keep their Courts in their own names by preſcription, as I take it. And therefore the Bb. had done wiſely, if they had ſought a warrant by ſtatute to keep their courts in the Queenes name, as the Bb. in K. Edwards daies▪ In which time Cranmer did cauſe Peter Martyr & Bucer come over into the realm to be placed in the two Vniverſities, for the better inſtruction of the Vniverſities in the word of God: and B. Cranmer did humbly prefer theſe learned men, without any challenge to himſelf of any ſuperior rule, in this behalf over his inferior brethren. And the time hath been, that no man could cary away any grant from the Crown of England by generall words, but he muſt have ſpeciall wordes to cary the ſame by. Therefore how the Bb. are warranted to cary away the keeping of their courts in their own name by preſcription, it paſſeth my underſtanding. Moreover, where as your Lp. ſaid unto mee, that the Bb. have forſaken their claim of ſuperiority over their brethren (lately) to be by Gods ordinance; and that (now) they do only claim ſuperiority from her Majeſties Government, if this be true, then it is requiſite and neceſſary, that my Lord of Canterburry that now is, do recant & retract his ſaying in his book of the great volum againſt M. Cartwright, where he ſaith in plain words (by the name of D. p. 473Whitgift) that the ſuperiority of Bb. is of Gods inſtitution. Which ſaying doth impugne her Ma^s ſupream Government directly: and therefore it is to be retracted, and truly: for Chriſl plainly & truly confeſſeth Joh. 18. 36. that his kingdom is not of this world: and therefore he gave no worldly rule or preheminence to his Apoſtles, but the heavenly rule, which was to preach the goſpell, ſaying, So and preach through the world, whoſoever shall believe and be baptized, shall beſaved: but he that will not believe, shall be condemned Mark. 16. 15. 16. But the Bb. do crie out, ſaying, Cartwright and his fellowes will have no Government, &c. So (belike) the Bb. care for no Government, but for worldly and forcible Government over their brethren, the which Chriſt never gave to his diſciples nor Apoſtles, but made them ſubject to the rule of Princes, who ought not to be reſiſted, ſaving that they might anſwer unto Princes, they muſt obey God rather than men Act 5. 29; and yet in no way to reſiſt the Prince, but to take up the croſſe, and follow Chriſt. So far he.

XXV. The Nationall Aſſembly of Scotland conveenes by the Kings 1588. The 49. Aſſembly.call, at Edinburgh February. 6. 1588. heer were the Kings Commiſſioners the Maſter of Lindſay and Lord Ochiltry. Robert bruce is choſen Moderator: the Kings Commiſſioners, ſome Barons and Commiſſioners of Burghes and ſome Miniſters are choſen to concurr with the Moderator in adviſing of things to be propounded & concluded. I. The Moderator declares the cauſes of this extraordinary aſſembly to be the dangers appearing unto the goſpell in this Country, and to adviſe what may be the readieſt way to quench the preſent fire of Papiſtty kindled throughout all the Country. And becauſe the matter is of great weight it is judged expedient, that Noblement and Gentle men shall conveen by themſelves apart; and the Commiſſioners of Burrowes shall conveen alſo by themſelves; and Miniſters shall conveen by themſelves, To adviſe and propound unto the Moderator and his Aſſeſſors what overtures they can think upon; And for furtherance Peter blackburn & John Fullarton Miniſters are appointed to give them information of the evidence thereof in their Province; and all deputies out of every Province are appointed, to delate what Jeſuites & Papiſtes are known to be within their boundes, and that in write, the next day, unto the Aſſembly. In Seſſ. 3. the advice of the Noble men and of others was preſented, and read: but it was judged expedient, that ſome Earles▪ Lords, Barons, Commiſſioners of Burrowes, and ſome Miniſters shall firſt conferr with the King, upon theſe. The advice of the Nobility was. 1. that the Lawes of the Country be without delay execut againſt all Jeſuites, Seminary prieſts, Idolaters and mantainers thereof; and for that effect every man alſwell gentle man as others heer aſſembled, shall, as they will anſwer unto God, and do tender his glory and the well of his Church, give up preſently in catalogue unto the Moderator or Clerk, the names of ſuch as they know or eſteem to be Jeſuites, Semmarieprieſts, traffickers againſt religion, receipters and maintainers of ſuch perſons: the which names shall be given unto Sir Robert melvin Treaſuret, which hath promiſed within 48, hours thereafter, to diſpatche ſummons againſt them all. 2. Seing the danger by ſuch perſons is imminent, and the formall execution of lawes requires a large time, his Majeſty & Counſell are to be earneſtly ſolicited, to provide ſpeedily ſome extraordinary remedy againſt ſo extraordinary danger, and execute the lawes without delay upon the chiefeſt of the Jeſuites and their maintainers, doing as if treaſon were intended againſt his Ma^s perſon and Crown. 3. If the p. 474Aſſembly shall think it expedient, theſe Noble men, Barons & others are willing, to go unto his Majeſty, and regrate the cauſe of the Church and Common wealth, and the danger wherein the liberty of this realm, and their lifes and conſciences ſtand in, by the craft of Jeſuites and ſuch others, which have ſeduced and ſtirred up enemies both inteſtine and forrein, to bereave them of the ſame; and they offer themſelves, their lifes, lands & friends to be employd at the Kings pleaſure, for preventing ſo dangerous attempts and bloody devices. In Seſſ. 6. The Nobles and others report, that they had conferred with the King, and had received good anſwers, as, that there is more need of execution againſt Papiſts than of advice; and that his Ma. is glad of the ſolemnity and frequency of this Aſſembly; and before the diſſolving thereof he craves, that they would reſort unto him, and they shall heare more of his good will: but becauſe many particulares were comprehended under the few generals propounded, he had appointed ſixe of his Counſell to meet with as many as the Church shall appoint, the next day. The Aſſembly nameth certain perſons to conveen accordingly. In Seſſ. 14. A Supplication was ſent unto the K. in this tenor; Sir, Your Ma. remembereth, the cauſe of the conveening this Aſſembly at your command, conſiſts principally in two points; one, for repreſſing the Jeſuits and other Papiſts which are entred into this realm, and practize with their complices, to ſubvert the ſincerity of religion publickly profeſſed, another to provide ſuch meanes, that in time coming ſuch enterpriſes may be avoided. As to the firſt, wee humbly crave 1. That ſome of the chief Jeſuits and others shall inſtantly be taken order with, to give exemple unto others, viz. Ja. Gordon & Will. Crichton; which are now in this town, that they may be incontinently called before your Hi. and Counſell, and there it may be declared unto them, that their lifes are in your Ma…hand, for contraveening your lawes, and yet of your clemency you do ſpare them, charging them in the mean time, to remain in warde within Edinburg untill the paſſing away of the firſt ships, wherein they shall be entred, and ſent away; And that it be denounced unto them, that if they return at any time hereafter without your ſpeciall licence, the law shall be execut againſt them to death, without any more proceſs. 2. That the Lairds of Fentry, Glenbervy younger and other excommunicated Papiſts, which shall be given up in writ, may alſo be called before your Majeſty & Counſell, and ſuch things be laid unto their charge as they are culpable of according to the Acts of Parliament, that the penalty thereof may be executed upon them; and other apoſtates from the true religion, which once they had embraced, be called alſo, and punished▪ 3. That ſummons be preſently directed againſt all receipters of Papiſts, Jeſuits, Seminarie-prieſts and all traffiquers againſt true religion; and likewiſe to ſummon witneſſes, by whoſe depoſitions they may be convict of the foreſaid crimes, and ſpecially that ſuch as are of the Eſtates and are culpable of apoſtaſy or papiſtry, shall no way be ſuffered, but called and convict thereof, and if they be apprehended for other crimes, shall on no way be pardoned, untill they have ſatiffied both your Majeſty and Eſtates, and alſo the Church; And generally that all Noble men whatſoever without exception, known to be entertainers of Papiſts or enterpriſing any thing againſt the true Religion, shall be put preſently in ward, or exiled, Concerning the planting of Churches, this is our advice, that Commiſſioners be directed from your Majeſty and this Generall aſſembly into the north and ſouth parts of the country, to viſite, and plant Miniſters, where need requires for repreſſing Papiſtry; and having Commiſſion p. 475alſwell from your Majeſty as from the Church, to call before them all that are ſuſpected of perverting true religion or revolting from it; and to do all other things for reformation of theſe parts; And becauſe this work can not proceed, unleſs proviſion be made alſwell to the Commiſſioners of the Church, as Miniſters to be planted in neceſſary places, that certain perſons be deputed from the Counſell, and ſome of the Miniſtry, To conveen with all expedition to ſight the rols of the thirds, that it may be conſidered, what may be ſpared unto that effect, and where theſe thirds have been abuſed, to ſee how they may be reformed, and that the Act made for diſcharging penſions out of the thirds and ſuperplus▪ and proclamation that hath paſſed thereupon, may take full effect; Likwiſe giving power unto theſe Commiſſioners, to reform Colledges & Schools, and where the rents thereof have been abuſed, to put convenient remedy thereunto; and where it can not ſerve, to ſee how it may be helped, and that qualified men be placed in the roume of id…e bellies; and to depoſe from the Miniſtry and from their Benefices all that shall be found unworthy or ſcandalous in life or doctrin, alſwell Bishops as others. Laſtly that it would pleaſe your Majeſty take ſome ſolide order, that the lawes made for punishing vice, and Commiſſioners appointed thereunto, may take ſome good effect; And that order be taken with the poore▪ that wander up and down the country without law or religion. With this Supplication was alſo ſent a catalogue of the Papiſts in every Province. II. In Seſſ. 5. Rob. Rollok, And. Melvim, To. Buchanan and Pa. Sharp are ordered to viſite the Reply of Peter Blackburn unto the book of the Jeſuire Ja. Gordon. In Seſſ. 14. They report, that on the part of the Jeſuir, they have found much diligence and ſophiſtry, and they praiſe God for the Reply, where in they have found ſolide judgement and great light, to the praiſe of God, and overthrow of the enemy. In Seſſ. 8. The Aſſembly directes the Miniſter of Diſert to charge Patrik Adamſon to compear perſonally, and preſent his own petition. In Seſſ. 16. Patrik Adamſon Bishop is convict of tranſgreſſing the Act of Conference; and therefore deprived of his office of Commiſſion; and Thomas Buchanan is placed in his roome untill the next Aſſembly. IV. The Aſſembly takes into conſideration the proceſs led againſt Robert Mongomery, and the Supplication given-in by him; and they declare that he may be admitted Paſtor of a flock, where he hath not been ſcandalous, Providing that he be found qualified in life and doctrin. V. In Seſſ. 9. The Lord Chancellor craves, that the Aſſembly would weigh, whither James Gibſon hath not offended the King not only in that he had ſpoken in Sermon theſe words following, that he weened, that James Stuart, the Lady Jeſabell and William Stuart had been perſecuters of the Church; but now he finds by experience, that the King himſelf hath been the perſecuter; and as Jeroboam for erecting idolatry and permitting thereof was the laſt of his poſterity, ſo he feareth, if he continue, he shall conclude his race: But alſo in that he acknowledging before the brethren of the Conference, that he had offended his Majeſty, he promiſed to make ſatisfaction, and had failed, and broken promiſe. James Gibſon is called, and compeares not. Then the Chancelor craves, that the Moderator put it to the vote of the brethren, whither theſe words vvere offenſive? None offereth any reaſon in the contaary. It is propounded eiſdem terminis: and is voted affirmativè, theſe words were offenſive. In Seſſ. 11. Becauſe before noon Iames Gibſon being preſent was ſummoned by the voice of the Moderator to be preſent after noon, to heare his cauſe reaſoned, and as it was …eſtified p. 478by ſundy brethren then ſitting by him, that they heard him promiſe to compear; and nevertheleſs compeares not, The aſſembly declares him contumacious for not compearing nor ſending any reaſonable excuſe of his abſence. In Seſſ. 13. the Aſſembly judgeth James gibſon to be ſuſpended from the function of the Miniſtry, during the will of the Church. VI. Theſe who were wont to compear before the Synodes to declare their repentance of adultery, homicid or ſuch crimes, shall hereafter compeare before the Presbytery of their own bounds for …hat end. VII. In Seſſ. 1…. All Miniſters shall with all diligence travell within their parish with the Noble men & Gentle men, to ſubſcribe the Confeſſion of faith, and report their diligence unto the next Aſſembly. VIII. In Seſſ. 16. A generall faſt is appointed to be keept the firſt two Sundayes of July for theſe cauſes. 1. the univerſall conſpiracies of the enemies of the truth, to put in execution the bloody determination of the Councell of Trent. 2. The flocking of Jeſuits & Papiſts. 3. The defection of a multitude from the truth. 4. The conſpiracies intended againſt the ſame by great men of the Land, maintainers of Ieſuits and Papiſts. 5. The coldneſs of all ſorts. 6. The wrack of the patrimony of the Church. 7. The abondance of bloodshed, adultery, inceſts and all kind of iniquity, whereof the particulare Churches have their experience. For clearing the proceedings of the Aſſembly, wee may learn 1. The occaſion of their meeting, from B Spotſwood P. 306. where he declares, that in the end of the preceeding year many Icſuits and Prieſts (he nameth ten of them) came to deal with the Popish Noble men for aſſiſting the Spanish Armada, which was then in preparing to invade England, if they shall land in Scotland: for their hope was, to find the King favorable, becauſe of the Queens proceedings againſt his mother, and that he would joyn his forces with the Spanish, for revenge of that wrong. But the King conſidering his own danger if ſtrangers ſet foot in in the …ſle, and not truſting that the Spaniards would take ſuch paines to purchaſe the Crown of England for him (for that alſo was profered) refuſed to give eare unto ſuch motions. But the Bishop (as an aduerſary of Aſſemblies) failes in ſundry particulars here; namely, that he ſaith, This Aſſembly was called by the Miniſters; whereas the Letter that was ſent unto the King, ſaith expreſſly, that they were conveened at his command; and his Commiſſioners were preſent in the firſt Seſſion, and were Aſſeſſors in the Privy Conference; as alſo the King gave the Noble men thankes for that they had conveened ſo ſolemly. Then he ſaith, Robert Bruce was choſen Moderator, though he had not as yet entred into the Miniſteriall function. I know not what year he was admitted into the Miniſtry: but he was not only a member of the Aſſembly in the year preceeding, but was choſen an Aſſeſſor unto the Moderator: vvhichwhich certainly had not been done, if he had not been an eminent Miniſter, ſeing he vvas not Commiſſioner from a Province or Burgh: but he never loved Bishops, nor did the Bishops love him. The vanity of ſome other particulares appeares by vvhat is vvritten out of the books of the Aſſembly. …. Concerning Rob. Mongomery the Presbytery of Glaſgovv vvas called to an account of their admitting William Erskin unto the Biſhoprick of Glaſgovv, ſeing he vvas not a Miniſter, but only titulare Parſon of Campſy. They anſvvered, Seing church-men vvere not permitted to enjoy the Bishoprick (as is ſaid before) they eſteemed it better, that he have the title than any other; and he had given his bond to renounce the title, if the Generall Aſſembly did not allovv his admiſſion. This vvas not allovved, and they vvere ordained p. 477to perſue him to renounce according to his bond: and Robert Mongomery having renounced epiſcopacy before the Aſſembly, was thereafter planted at a church in Cunigham. Of Pa. Adamſon and Ja. Gibſon, more followes. After this Aſſembly the King intended an expedition into the Weſt Marches againſt the Lord Hereis, of whom the Aſſembly had complained: but he came and offered himſelf unto the King, and upon his p…omiſe to amend, and ſurety given that he shall reſort to Sermons, and ſuffer nothing to be done in his Wardenry in prejudice of religion, he was …ent back to his charge. At the ſame time the Lord Maxwell (who had gotten licence to go into other countries, and with aſſurance, that he shall not return without licence) having ſeen the preparation of Spain for invading England, returneth by advice of ſome Scots Papiſts, and landeth at Kirkudbry, in Aprile; and immediatly gathereth men. The L. Hereis advertiſeth the King: Maxwell was charged to appear before the Counſell: he diſobeyd. Wherefore the King went with ſuch force as he could for the time, againſt him: he fled to ſea, and was brought back priſoner to Edinburgh. In this ſommer, that Spanish Navy, which had been ſome years in preparing, and was called Invincible, was overthrown by weak means of men, and principally by ſtorm, when they were lying at anchor in the road of Callais. So it pleaſed God to diſappoint the attempts of Papiſts with great loſſe unto them, and no harm unto this Iſland. Before the report The 50. Aſſembly.of this overthrow came, the Aſſembly conveenes at Edinb. Auguſt 6. Thomas Buchanan is choſen Moderator. I. The Aſſembly conſidering the dangers imminent to the Church generally, and ſpecially unto the realm by the intended coming of Spainards; as alſo the decay of religion by the rarity & poverty of Miniſters, appointes that a faſt be proclamed to morrow by the ordinary Teacher in the Church, to be continued all this week. II. Becauſe univerſally throughout this realm there is no religion nor diſciplin among the poore, but many live in filthy adultry or inceſt, and their children are nor baptiſed, nor do they reſort unto the preaching of the word, Therefore Miniſters shall make intimation and denounce unto all the poor that either be parishoners by birth, or reſort unto their parishes, if they have woman & children, that they shew teſtimoniall of their mariage, or els shall be refuſed of almes by all godly perſons; And that they exhort their parishoners, to extend their liberality rather unto theſe that are of the houſehold of faith, and judge diſcreetly in giving almes unto others, who have not ſuch evidents, as is ſaid. III. A citation was directed by the Moderator of the preceeding Aſſembly againſt Pa. Adamſon called Bishop of Santandrews, making mention, that ſeing by an Act of the Presbytery of Edinburg it was ordained concerning the marriage of George Earle of Huntle, his bans should be proclamed upon his ſubſcribing certain articles of religion, and under promiſe, that he shall ſubſcribe the reſt before his marriage, and inhibition was made unto diverſe of the Miniſtry, and namely to the foreſaid Patrick, that they should not celebrate the foreſaid marriage, untill the foreſaid Earle had ſubſcribed the Confeſſion of faith contained in the Acts of Parliament, With certification unto every one of them, if they do ſo, they should be called for diſobedience to the voice of the Church, Before the G. Aſſembly; And notwithſtanding the ſaid inhibition, the ſaid Patrick hath proceeded to ſolemnize the ſaid marriage upon Iuly 21, thereby diſobeying the foreſaid inhibition, Now the ſaid Patrick is called: and for him compeares his proctor Tho. Wilſon, producing a teſtimoniall of his ſicknes ſubſcribed by Do. Robert nicoll and p. 478two of his Bailives, and craves that they would not diſquiet him in time of his ſicknes. This teſtimoniall is judged not to be ſufficient. IV. For ſomuch as ſince the late Act of annexation, his Majeſty hath transferred the right of patronage of ſundry Benefices from himſelf unto Earles, Lords, Barons and others, and hath annexed them to their lands, of whom ſome have gotten confirmation in Parliament, others have obtained them ſince the Parliament, and a third ſort hath gotten gift of the naked patronage, to the evident hurt of the Church; Wherefore it is thought expedient, to entreat his Majeſty by earneſt ſute, that the ſaid diſpoſitions may be annulled in the next Parliament; and in the mean time, that it may pleaſe his Majeſty to deny the diſpoſing of patronages, which remain as yet undiſpoſed; and that his Majeſty would provide, that the Commiſſioners and Presbyteries, unto whom the Collation of theſe Benefices appertaineth, be not proceſſed nor horned [or outlawed] for not giving admiſſion thereupon; Inhibiting in mean time all Commiſſioners & Presbyteries, that they give not Collation or admiſſion to any perſon preſented by theſe new patrones, Untill the next Generall Aſſembly. V. James Gibſon preſenteth a ſupplication, craving, that he may be heard to purge himſelf of contumacy for not compearing in the laſt Aſſembly, and to repone him into his function. And being admitted, he declares firſt before the brethren of the Conference, which report, that he had declared upon his conſcience, that the cauſe of his abſence was not rebellion, ſtubborneſs or ill will, but only in reſpect of the good affection he had to the weel of the Generall Church, being informed, that if he had compeared, and had not been punished, the affaires of the Church would been caſt off. The Brethren judge this reaſon ſufficient to purge him of contumacy, but not to be reponed. VI. Three Miniſters were directed unto his Majeſty to conferr and underſtand by what meanes Religion may ſtand and be continued unto Poſterity. VII. All Miniſters are exhorted, in their Sermons to declare the prejudice done unto the Church by the ſpoil of the patrimony thereof, and publickly to oppone againſt ſuch abuſe. VIII. The Aſſembly conſidering the appearing ruin of the Evangell within the realm for want of proviſion unto Miniſters and Schools and Colledges, Give their Commſſion unto certain Miniſters, to compear before his Majeſty and Counſell on ſuch dayes as his Majeſty shall appoint To conferre and adviſe upon this Head; and to crave humbly of his Majeſty that the aſſignations may be given about Novenber. 1. unto Miniſters & Readers; and that theſe which are already provided ad vitam, and that others which are content with their aſſignations be not altered, untill they may obtain better proviſion; and to report anſwer unto the next aſſembly. IX. The aſſembly gives commiſſioon and authority unto the Presbytery of Edinb. to call before them, Papiſts and apoſtates, which shall happen to reſort into that town or bounds, and ſpecially to ſummon the Lords Huntly, Seton, &c. X. The Aſſemby thinketh meet and ordaines that in time coming ſo oft as it shall pleaſe God to conveen the Gen. church of this realm, the firſt day of the aſſembly there be a publick faſt and humiliation both of the inhabitaints and Paſtors there conveening, and the pulpit both before and after noon be occupied by the ordinary Paſtors of the place, To the effect it may pleaſe God to give his bleſſing unto the convention, and good iſſue unto their travells; And intimation hereof to be made in that town the Sunday before the aſſembly. After this Aſſembly James gibſon ſeeing that he could not be reſtored into his function, went into England, and lived there. When certain newes p. 479was brought of the diſperſing of the Spanish Navy, the king cauſed ſolem thankes-giving unto God for this deliverance to be given in all the Churches of the kingdom, beginning in his own Court for example unto others.

XXVI. The hope of the Papiſts now failing by the overthrow of that 1589. Huntly ſubſcribes the Confeſſion, & practized contrarilyNavy, they begin to make a form of ſubmiſſion: Huntly at the Kings deſire ſubſcribes the Confeſſiō of faith and was reconciled unto the Church: But immediatly he excuſed himſelf by a Letter unto the Prince of Parma then Governor of Flanders, profeſſing that he was ſo preſſed by the King that hee muſt either yeeld, or depart out of the Countrey, or to have taken the fields, which he could not weel do, all hope being taken from him by the return of the Navy: but in what he had failed, he shall endeavour to amend by ſome good ſervice, ſeing God had put him in ſuch credite with the King, as he had broken his former guards, and made him eſtablish others about his perſon, by whom at all occaſions he might aſſure himſelf, and be Maſter of the King; and ſo when the promiſed ſupport shall arrive, he shall ſpoil the heteticks of his authority, and make ſure the Catholick enterpriſes, &c. This Letter was dated at Edinburgh Januar 24. 1589. Others alſo ſent Letters to the ſame purpoſe. And the Jeſuites lurking in the Countrey, adviſed theſe Lords, to attempt ſomewhat by themſelves, which might move the King of Spain more readily to ſend them ſuccourſe: a plot was layd to take the King from the Chancelor Maitlane, and the Treaſurer the Lord Glames, under pretence, that the Nobility were neglected, and publick affaires ill mannaged. They ſaid, this way they might procure the aſſiſtance of other Noble men, and the country would reſiſt the leſs, when no mention is made of religion. This plot goeth-on; and in the very nick of time, when Huntly thought to have catched the Chancelor in the Kings chamber of preſence, the Chancellor upon ſuſpicion retieres, eſcapes, and advertiſeth the King of his ſuſpicion. The next day the King examineth Huntly, and finding the truth, committes Huntly into the caſtle of Edinburgh: but after a few days upon new promiſes gives him liberty. Theſe Papiſts will not yet ceaſe: in Aprile Huntly and theſe Lords in Anguiſe make an open inſurrection at Aberdien. The King goeth againſt them, when they heard, that he was at Cowy, they come to the bridge of Dee: but their courage failes, and they evanish: afterwards they offer themſelves unto any punishment, the King wil impoſe. They were put to an aſſiſe, convict, and warded: the King delayeth to pronounce ſentence. At this time the Aſſembly conveenes at Edinb. Juny 17. James melvin is choſen Moderator. The 51. Aſſembly.I. The King gives his preſence: he ſpeakes of his good affection toward the Church, and craves that Patrick Galloway be appointed one of his Miniſters, The Aſſembly by the mouth of the Moderator rendreth his Majeſty humble thankes for the beginnings he had made in ſuppreſſing the enemies of religion: they entreat to proſecute the buſineſs, and made offer of their humble ſervice to the uttermoſt of their power; As for that he craves, they acknowledge, his Majeſty may command any Miniſter within the realm, to attend himſelf and …his Court. II. It is appointed, that at the conveening and looſing of every Aſſembly, the role of Commiſſioners shall be called. and all abſents be cenſured. III. Univerſall tryall shall be made of all the Miniſters within every presbytery; and the tryall to be of their life & doctrin, eſpecially of ſimony if any be ſuſpect, to have entred that way: the tryall shall be by queſtions and preaching; and where any shall be found unqualified, he shall be depoſed without reſpect of age p. 480or other condition: And this tryall shall be concluded before the next Provinciall Synod, which is now appointed to be Septemb. 3; As every preſbytery will anſwer unto God and his Church. IV. It is appointed, that in every presbytery they shall diſpute concerning the mariage of adulterers; and report their judgement unto the next aſſembly. V. The Act made in the laſt aſſembly concerning the giving of admiſſion upon the preſentation of late patrons, Shall ſtand untill the next aſſembly; with this addition, That the perſon, who shall admit shall incurr the cenſure of the Church. VI. Violaters of the ſabbath (under which are comprehended parishoners abſenting themſelves from the Sermons of their own parish, without a juſt cauſe) and blaſpheemers of God, are ordained to be tryed and cenſured by the particular Seſſions of the parish: and who shall be convict of theſe offences, shall be denied of the benefits of the Church, with further cenſure, as the word of God will allow▪ VII. The aged and weel meriting in the Miniſtry should be preferred to young men caeteris paribus, being found qualified by the Presbyteries, where Churches are vaiking, and they agreeing with the Congregation. VIII. The Presbytery of Edinb. having received commiſſion from the former Aſſembly to call Pa. Adamſon before them for ſolemnizing the marriage of Huntly, now deliver their proceſs, shewing that for his contumacy in not compearing after citations, they had deprived him from all function in the Church. The Aſſembly judgeth the proceſs formall, ratifieth their ſentence, and ordaines it with other ſentences that were pronounced againſt him; to be published in all the churches. B. Spotſwood ſaith, The Bishop complained unto the king, who shewed himſelf extreamly diſpleaſed with their doings: but eſpying no better way, he reſolved to diſſemble his anger toward them, and to take the impriſoned Lords in favor, leſt he make himſelf too much buſineſs. Thereupon he returnes to the North; gives Arroll a pardon, puts Crawford to liberty, and fully remits him: Huntly and Both well he freeth from impriſonment: but to hold them in awe he deferres the declaration of his will concerning them. The Lord Maxwell, upon his bond, not to practize againſt religion under pain of a hunder thouſand pounds, is likewiſe dimitted. So far he. In many other paſſages he ſaith, that, what good the king had done for the Church, he did it againſt his own mind, and diſſembling for the time; and here he forgeth, that for envy againſt the Church, the king takes the Popish Lords into favor. What could an enemy of the religion write more perverſly againſt the fame of the king? But the truth is as he alſo expreſſeth it (but mixed with theſe calumnies) the king at that time was every day expecting the arrivall of his Queen. and was deſirous to have all things quiet at her coming: and therefore he took that courſe with the Popish Lords. As for Pa. Adamſon, the king knew, what commiſſion the aſſembly had given unto the Presbytery of Edinburg, and he knew their proceedings, and nevertheleſs in the beginning of this Aſſembly (as this Bishop ſpeakes) he ſpoke of his good affection toward the Church, and in the Aſſemblies following he declared his good affection more and more, But (as the hiſtoricall Narration shewes) the King was ſo vexed with complaints againſt Pa. Adamſon, eſpecially for debts, for which he was lying regiſtred at the horn, and he was ſo ashamed of him becauſe he was ſo odious for others faults, that he rejected him: and diſponed his life-rent unto the Duke of Lennox: whereby the man became miſerable, that enduring his ſicknes he had not to maintain himſelf, and was b…ought into ſuch neceſſity, to ſeek relieff of others whom before he p. 481had accounted his enemies: he ſent alſo to the presbytery of Santandrews, and craved to be abſolved from the Sentence of excommunication. Some Miniſters were ſent unro him, to try his ſincerity; before them he cried often and pitifully, Looſe mee, for Chriſt's ſake. Upon their report he was abſolved. His recantation in certain articles was preſented in his name by a Miniſter John caldcleugh unto the next Synod of Fife: thence ſome were directed unto him again, and he gave them a more ample and clearer recantation ſubſcribed with his hand, and (as the Writer of Vindic. Philadelp. pag. 62. shewes) it was ſubſcribed before many witneſſes, of whom ſome were, Noble men, ſome Miniſters, ſome Lawiers, ſome Burgeſſes, all of good credite. Here alſo wee ſee (as it is written in that place laſt cited) the force of excommunication: howbeit before he had deſpiſed the Sentence, yet ere he died, all his wretchedneſs did not ſo much grieve him, as that did; and he wished nothing on earth more, than that he might die in the boſom of the Church. In another place the enemy of the Church diſcipline ſaith, Whether he knew what was contained in theſe articles, it is uncertain. If it be uncertain unto that writer, why doth he oppoſe it, ſo denying the credite of ſo many famous witneſſes. But I goe-on. Becauſe the Queen having once taken the ſea, was put back by ſtorm to Norway, the King would go unto her, and without knowledge of the Counſell, takes the ſea October 22. and ſome Noble men with him on the fourth day he landeth In Norway, and ſtayd there and in Denmark untill May. All that time was no ſturre in the country: which was matter of great joy unto him, when it was reported unto him.

XXVII. When the king retured with the Queen May 20. 1590. he went ſtraight way to Church, and cauſed publick thankes be given unto God for his ſave return: then he gave thankes unto the Noble men and Counſell for their care of the publick quietnes. Then was great joy in the Country, and a great concourſe of people unto Court. The Aſſembly conveens The 52. Aſſembly.at Edinburgh Auguſt 4. very frequently; the kings Commiſſioners the Lords Chancelor and Blantyre. Patrick Galloway is choſen Moderator. I. Commiſſioners were particularly enquired, what diligence they had uſed in the execution of the late Act againſt Papiſts, excommunicat perſons, profaners of the ſabbath, non-reſidents, and other heads, that were committed unto the Presbyteries and Commſſioners▪ II. In Seſſ. 3. John Inneſs Commiſſioner of Murray was accuſed for admitting Robert Dumbar to the Miniſtry without the advice of the Presbytery of Forreſs: he anſweret…, he had done it by the advice of the presbytery of Elgin, wherein he confeſſes he had done rashly. The Aſſembly ordaines Robert Dumbar to be tryed de novo by ſo many as be preſent of the Presbyteries of Edinb. & Forreſs▪ In Seſſ. 12. the admiſſion of Robert Dumbar without the advice of the preſbytery of Forreſs is declared null. III. Becauſe the Earle of Montroſe is ſaid to entertain Fentry an excommunicat Papiſt, it is ordained, that the Presbytery, where he dwelleth for the time, shall charge him before them, try the matter, and accordingly proceed againſt him according to former Acts, IV. A ſentence of excommunication pronounced againſt the Earle of Anguiſe is reduced, becauſe of informality: but becauſe in the Sentence was ſufficient cauſe of ſuch cenſure, (if the proceſs had been formally led) the Church now craves, that he would remove the cauſe, eſpecially, that he will have care in time coming, that the ſabbath be not profaned within his bounds by faires or markets, that no working nor carrying of burdens therein; that vaſalls compell not their tennants to cariage on the ſabbath; p. 482and to cauſe them give one day of the week unto their tennents▪ in time of harveſt for winning their cornes, leſt they be neceſſarily abſtracted from the Service of God on the ſabbath. The Earle's anſwer was, he shall uſe all diligence, that the ſabbath be not profaned; and ſo ſoon as he returnes, he shall in his Court eſtablish Acts and penalties, for reſtraining the violation of the ſabbath. In Seſſ. 11. John liverance for his rash excommunicating Wiliam Earle of Anguiſe, was ordained, to confeſſe …is offence unto God, and againſt the Noble man publickly, in the Church where the Sentence was pronounced; and the Sentence reducing that proceſs, to be publickly intimated by another Miniſter, in audience of the Congregation on a Sunday. V. The Lord Sommer well alledgeth the priviledge of holding the market at Carnwath on the ſabbath day: at laſt he condeſcendes that no ma…ket shall be held there any more on the ſabbath: And if he faile, the Presbytery is ordained to proceed againſt him, according to the generall Acts. VI. A generall complaint is made of manifold kindes of profaning the Lords day, by mills, ſalt pans, mowing and leading of cornes, carrying victualls into and from Burrowes. The aſſembly declares all theſe unlawfull; ordaines presbyteries to deal with their bounds, to grant ſome week-day unto their tennants, which upon neceſſity mowe and lead their corn upon the Lords day; And all the Miniſters preſent are ordained to give in writ the names of the perſons, which can beſt ſtopp the Markets within their bounds, to the end, his Majeſty may be ſupplicated to interpon his authority, and command them to do ſo. VII. In Seſſ. 8. His Majeſty praiſeth God that he was born in ſuch a time of the light of the Goſpell, and that he is a King of a Country, where is ſuch a Church, even the ſinceereſt Church on earth: the Church of Geneva not excepted, ſeing they keep ſome feſtivall dayes as Eaſter and Chriſtmes: what have they for them, where have they any inſtitution for them? as for our nighbours in England, there Service is an ill-mumbled Maſſe in English: they want litle of the Maſſe but the liftings: Now I charge you my good people, Barons, gentle men, Miniſters and Elders, that yee all ſtand to your purity, and exhort the people to do the ſame; and ſo long as I have life and Crown, I shall maintain the ſame againſt all deadly. For a quarter of an hour or thereby was nothing heard▪ but praiſing of God, and praying for the King, by all the Aſſembly. Then the Moderator in name of the Aſſembly craves from his Majeſty a ratification of the liberties of the Church, the purging of the Country from prieſts and all Papiſts, and that every church may be provided with a Miniſter and mantenance. The King anſwereth, In all Parliaments the liberties of the Church are firſt ratified, and he will have care to ſee the ſame obſerved: for the ſecond, they knew what he had done before his going to Denmark, and he will do what lawfully he can do for purging the Countrey of Papiſts: and for the third, it concerned him but in part, and many mo have intereſt, and therefore they shall do weel, to appoint ſome of their number to wait upon the Counſell for anſwer thereof, and to conſerr upon the means of effectuating it. Then he ſpeaks of the barbarous feuds and odious murders, that thereby were committed, and did ſeriouſly commend unto them (as who should of all others moſt ſtudy to make peace) the removing of ſuch barbarities, ſo far as in them lay, wishing them in their Sermons to ſtrick oft on that point, and make people to underſtand, how ſinfull it is, and how shamefull to the whole Nation; as alſo to employ the diſcreeteſt among them for reconciling the variances that abound in the Countrey: for myſelf (ſayd he) I will employ all the power I have that p. 483way; and if yee shall apply yourſelfs to do the like, my work shall be the more eaſy, and have the better ſucceſs. This was greatly applauded of al. In the ſame Seſſion the King nameth Robert Bruce, Da. Lindſay, Ro. Pont and the Moderator, to attend the Counſell, and to preſent the petitions of the Aſſembly, to wit. 1. In reſpect many promiſes have been made, and no execution followed, that now performance may be made thereof. 2. A ratification is craved of all lawes, that have been made for the good of the true Church, and a new Act of Parliament, ſpecially eſtablishing the juriſdiction of the Church, their generall and Provinciall Synods, and presbyteries; and all Acts made contrary to the liberty and jutiſdiction of the Church preceeding the date preſent, to be annulled; and untill a Parliament be called, to conclude theſe by Act of Counſell or Convention of Eſtates, if any shall be in the mean time. 3. The purging of the Church and Countrey of all Jeſuites, prieſts and excommunicat papiſts, and a law againſt the abuſing of the holy ſacraments. 3. A law and meants whereby Miniſters may be poſſeſſed in their gliebs & Manſes, and peaceably poſſeſs them. 4. An order againſt them, who did conveen at the bridge of Dee. 5. A law and ordinance againſt all profanation of the ſabbath. 6. A law againſt them that trouble and hurt Miniſters going to the Church and executing their office. 7. A law for repreſſing murders in the countrey. 8. That all churches may be ſufficiently planted with Miniſters and others office-bearers, and competent ſtipends out of the tyths and other rents, that have been mortified for uſe of the Church, and what is over to be employed upon Colledges, upbreeding of youth, the ſuſtentation of the poor, the fabrick of churches and other common affaires thereof. VIII. Seing it is certain, the word of God can not be keept in ſincerity, unleſs holy diſciplin be obſerved, It is therefore by common conſent of all the brethren and Commiſſioners preſent concluded, that whoſoever hath born office in the Miniſtery of the Church, or preſently beare, or shall hereafter bear office here in, shall be charged by every presbytery, where their reſidence is, to ſubſcribe the Heads of the diſciplin of the Church, ſet down and allowed by Act of the Aſſembly in the book of Policy, which is regiſtred in the Regiſter of the Church; and namely, the controverted heads by the enemies of the diſciplin, before the next Provincial aſſembly, Under pain of excommunication to be executed againſt the non ſubſcribers; And the Presbyteries, which shall be found negligent herein, to receive publick rebuke of the Generall aſſembly; And to the end, that the diſciplin may be known (as it should be) it is ordained that one of each presbytery shall receive from the Clerk of the aſſembly a copy of that book under his ſubſcription, upon the expences of the Presbytery, before the firſt day of September next. IX. It is concluded, that where the presbyteries are well conſtitut, the order of Commiſſioners of Countries shall ceaſe; and an Act to be adviſed hereupon againſt mooneday, when every Presbytery shall have readie the names of ſuch, as they think meet for their presbytery, to attend the Plat for Churches, admit perſons preſented to Benefices, and to deſigne Manſes. In Seſſ. 15. Whereas before Commiſſioners of countries had the charge to enroll the Miniſters & their ſtipends at the Plat, to receive preſentations and to give collation, to deſigne Manfes and gliebs; henceforth the well conſtitute presbyteries and each one of them shall yearly (ay and while the neceſſity thereof craves) elect out of their number, a brother in name of the Presbytery for enrolling & expedition of their ſtipend at the Plat, authorized & inſtructed by them, with p. 484commiſſion ſubſcribed by the Moderator and Clerk of the Presbytery, To be shewed and produced unto the Modefiers; And the ſame Commiſſioner to deſigne Manſes & gliebs within the bounds of their presbytery; And in all things concerning the execution of his commiſſion, to be countable and ſubject to the judgement & cenſure of the Presbytery, from which he receives it; And that all preſentations be directed …n time coming unto the Presbytery, where the Benefice lyeth; Providing in admiſſion and deprivation of Miniſters within Buchan, Aberdien, Garioch and Marre, that Aberdien & Buchan proceed with mutuall advice; and ſo Marre & Garioch likewiſe with mutuall advice; and in caſe of wariance there, the matter shall be referred to the Generall aſſembly. X. It is thought meet, for the common profite of all the people, that an uniform order be keept in examination before the Communion; and to this end, that a short form of examination be penned before the next aſſembly: whereunto four perſons are named. XI. Becauſe the patrimony of the Church hath been waſted by theſe, who had the title of Benefices, and thereby the proviſion of the Miniſtry failes; All presbyteries are commanded, to try the Beneficed within their boundes, and in what condition they received their Benefice, and in what condition they are preſently; and who have ſet tacks, or have diſponed the title of their Benefice or any part thereof, without conſent of the Generall aſſembly; And to report unto the Provinciall Synod. what they have found: and the Synod to try, if any thing hath been neglected by them, and report unto the next Generall aſſembly. XII. G…eat ſlander lyeth upon the Church through manifold murders, notorious adulteries and inceſts; and the parties being brought under proceſs, oftymes elude the Church by shifting from place to place, ſo that the proceſs can not be brought well to a finall Sentence: therefore it is voted, Whither parties falling into ſo odious crimes may ſummarily, upon the notoriety of the crime, be excommunicated? and it is concluded affirmativè. XIII. Forſomuch as the dangerous in…urrection at the bridge of Dee being conſidered to have notoriouſly imported ſpeciall prejudice to the true religion; and the ſpeciall authours and enterpriſers thereof, continuing under that ſlander, have never intended to purge themſelves thereof, by confeſſing their offence: Therefore the Aſſembly gives their power and commiſſion unto the Presbytery of Edinhurgh with other nyne Miniſters (then named) to ſummon before them in Edinburgh, the Earls, Lords, Barous, and free holders, who were at that inſurrection, and to charge them, to confeſſe their offenſe againſt the true Church of God and his religion, and to make ſatiſfaction for the ſlander committed by them, Under the pain of excommunication, And that before the firſt day of February next; Referring to their diſcretion the particular dyets and order of proceſs to be keept therein: Providing that this commiſſion be execute before the ſaid day: and requiring John Craig, to remember this matter unto theſe commiſſioners, as he will eſchue the blame of the brethren, in caſe of negligence. Many things may be obſerved in this Aſſembly, as. 1. Their impartiality without reſpect of perſons, of whatſoever condition. 2. B▪ Spotſwood reportes the Kings preſence and many of his words in this aſſembly (whereby he confutes, what he had ſaid before of the Kings diſſimulation and indignation againſt the Aſſembly) but he omittes what was done concerning the diſciplin, becauſe though he and ſome others were preſent and voted unto …heſe Acts concerning the diſciplin, yet afterwards he and they became enemies thereof, and accepted Bishopricks: yea and the ſame year the K. p. 485hearing of the afflictions of the Antiepiſcopal party in England, wrote unto the Queen in their favors (as alſo he did again in the year following, as witneſſeth Fuller in Church-hiſto. li. 9. and expreſſeth the ſecond Letter) thus;

Hearing of the apprehenſion of M^r Vdall and M^r Cartwright and certain other Miniſters of the Evangel within your realm; of whoſe good erudition and faithfull travels in the Church we hear a very credible commendation, howſoever that their diverſity from the Bishops and others of your clergy, in matters touching them in conſcience, hath been a mean by their delation, to work them your diſliking; at this preſent we can not (weighing the duty which we owe to ſuch as are afflicted for their conſcience in that profeſſion) but by our moſt effectuous and earneſt Letter interpone us at your hands to ſtay any harder uſage of them for that cauſe: Requeſting you moſt earneſtly, that for our cauſe and interceſſion it may pleaſe you, to let them be relieved of their preſent ſtrait, and whatſoever further accuſation or ſuit depending on that ground, Reſpecting both their former merit in ſetting forth the Evangel, the ſimplicity of their conſcience in this defence which can not well be, their let by communion, and the great ſlander which can not fail to fall out upon their further ſtreighting for any ſuch occaſion. Which we aſſure us, your zeal to religion, beſides the expectation we have of your good will to pleaſure us, will willingly accord to our requeſt, having ſuch proofs from time to time of our like diſpoſition to you in any matters which you recommend unto us......

Dated Edinburgh June 12. 1591.

Fuller ſaith, One word from archb. Whitgift befriended M^r Cartwright more then both the Letters from the King of Scotland. But who can tell whither the archbishop was not moved with the earneſtneſs of theſe Letters from ſuch a Soliciter, to ſpeak a word for his antagoniſt, leſt he had been ſet at liberty, whither he would or not? Howſoever it was, theſe Letters shew the Kings affection unto the cauſe, and his eſteem of their perſons.

XXVIII. The Nationall Aſſembly conveens at Edinburgh July. 2. The 53. Aſſembly.1591. Nicol dalgleish is choſen Moderator. I. Becauſe the Aſſembly hath changed their place, whereupon ſome may doubt of the authority thereof; It is voted and coucluded, that there is a reaſonable and weighty cauſe for the change, and that nothing is done in prejudice of their power, ſeing the cauſe is the deſire of his Ma. who for ſundry reaſons hath willed the Aſſ. to ſite heerat this time: and if any brother craves to be further ſatiſfied, the brethren of the Conference will reſolve his ſcruple. II. The Act made in the Aſſembly An. 1588. concerning beggares, shall be published again in all churches by the Miniſter there, and put to execution by the Miniſters ſo far as concerneth them, as they will be anſwerable unto the Church. III. The ſubſcription of the book of poliey…, which was enjoyned by the preceeding, aſſembly, hath been neglected by many presbyteries: therefore the Aſſembly ordaines the former Act to be obſerved before the next Aſſembly; And the Moderator of each presbytery to ſee the execution thereof, under the penalty of 40. sh to be employd unto the uſe the poor, beſids other cenſure of the Church. IV. Seing ſacriledge is an univerſall ſin regning throgh the Countrey, and is eſteemed commonly to be no ſin, nor is known unto many, it is thought good, that this monſter be deſcribed in its own colors: and therefore Rob. Pont is appointed to take paines on that ſubject; and others are appointed to viſite and peruſe his travells, and to give him their judgements therein, that the ſame being perfected, may be preſented again unto the Aſſembly. V. Becauſe the order heretofore in giving power unto certain brethren, named to p. 486read and give anſwers unto the bils, that are brought unto the Ge. aſſembly; ſeemes unto ſome to be inconvenient, and derogative unto the Provinciall Aſſemblies, ſpecially in ſo far as the things that were doubtſom unto them, and were referred unto the full aſſembly, are committed to the deciſion of four or five brethren, Therefore it is appointed, that hereafter, that certain brethren be choſen by the Aſſembly, who shall have only power, to receive ſuch bills, read and conſider, if they be brought pertinently, and if they be impertinent, to give ſuch anſwer on the back of the bill: but if they be pertinent, to bring them before the Aſſembly, to be anſwered there; yet with their opinion by word, what they have conſidered thereof. VI. Theſe who have the name of Bishops, and ſomtime have been in the Miniſtry, and now neither will ſerve the Church whereof they take up the fruits, nor pay the ſtipends of them that ſerve, As they are appointed by the Plat; but ſpend the rents on profane uſes, should be cenſured by the church; and if they amend not, should be excommunicated. VII. In Seſſ. 11. compeare the Lord Provand Preſident with two other Lords of the Collegde of Juſtice, Culros & Barn barrow, and in name of the Seſſion declare, that they are informed, that the L. of Halyairds one of their number was yeſter day called at the inſtance of Pa. Simſon Min. at Sterlin, for calling him a ſuborner [or ſeducer] which matter is preſently depending before the Seſſion: being a Civill cauſe, and proper to their cognition, and the Church is not Judge thereof; and therefore they crave, that the Aſſembly should not proceed in that cauſe, untill it take an end before them, and do nothing in prejudice of the Colledge of Juſtice. Theſe were removed; and after conſultation, they were called-in again: anſwer was made, The Aſſembly will do nothing in prejudice or to the hurt of the Seſſion, nor medle with any Civill cauſe: but this being a matter of ſlander, they had reaſon to purge their own members thereof, without any prejudice of the Civill Judicature, and crave, that as their Lordships would not wish the hinderance of their own judicature, ſo they would not take it ill, that the Church proceed in purging their own members in an eccleſiaſticall way. In Seſſ. 13. it is propounded again, whether it be expedient to proceed in that cauſe, before that the Lords of the Seſſion had given out their Sentence deciſive? It was thought meet to demand the L. Juſtice, whither he doet… acknowledge the juriſdiction of the Church in this cauſe? He anſwereth, he acknowledges with reverence the judgement of the Aſſembly in all cauſes appertaining: unto them but this cauſe is Civill, whereof the Lords are Judges primariò, and preſently dependes before them; and the Church can not be Judges primariò. He is removed again; and after advice he is called-in: the Aſſembly declares, that they find themſelves Judges of this cauſe primariò; and therefore will proceed in it; Requiring, that he will declare, what, he can ſay in the contrary. He takes inſtruments of their interloquiture, and proteſteth for remede of law. Becauſe his proteſtation was made only verbo, and containes ſeverall heads, they crave that he give his proteſtation unto the Clerk in write. VIII. An Act of the Lords of the Checker upon a Supplication made by ſome Miniſters, dated at Halyrud-houſe Febr. 10. 1590. declaring their meaning, That all Miniſters, who have vitiate any Benefice of cure, in wholl or in part by purchaſing unto themſelves, their heires or aſſignayes, or ſet long tacks of it, within the worth thereof; Be compelled by cenſure of the Church to reſtore that Benefice to the own integrity, for the uſe of the Miniſter preſently ſerving the cure: And to that effect require the Generall aſſembly, p. 487Commiſſioners and presbytery of the bounds, where the Benefices lye, to take notice of ſuch perſons, and to proceed againſt them, as ſaid is, in moſt ſtrict form, as ſuch a great enormity requires, ay and whill they shall redintegrate the Benefice, without any other proceſs of law. The Aſſembly approves this Act, and ordaines it to be put into execution, by every Presbytery, according to the tenor of it. IX. Forſomuch as many things have been done by Miniſters and others pretending the title and name of the Church, greatly prejudicial, to themſelves, and the diſciplin and the Patrimony or living of the Church: And by priviledge of good lawes it is granted and lawfull unto them to remede themſelves, by revocation thereof: Therefore the wholl aſſembly after deliberation, have revoked, and by theſe preſents do revoke all and whatſoever thing done by them or others cloathed with the title & name of the Church, prejudiciall to themſelves, their diſciplin, their patrimony and living, as being enormely hurt thereby; And proteſts according to the diſpoſition of the ſaid law ſolemnely, that they may be heard in time & place, to ſeek remedy thereof. And it is ordained, that every Presbytery shall receive a copy of this revocation, and give command to the Miniſters within their boundes, to intimate the ſame from their pulpits. X. A form of examination before the Communion being penned by Iohn Craig, is approved, and ordained to be printed. XI. Commiſſioners are appointed to preſent unto his Majeſty and Counſell with all humility, the petitions of the Aſſembly, to wit, that the Acts of Parliament that are made for ſuppreſſion of the enormities (following) may be put to execution, as, againſt Ieſuites, namely, Iames Gordon; the reeeipters of them, and excommunicate Papiſts, namely the Laird of Fentry and the Maſter of Anguiſe; profaners of Sacraments; and privat men & women givers thereof; idolaters, pilgrimages, Popish Magiſtrats; ſayers & hearers of Maſſe, apoſtates, publick markets on the Lords day, violent invaders of Miniſters, profaning of the Lords day by playes of robinhood, murderers which overflow the Land. Item that the Miniſters already planted may be provided with ſufficient livings. Item the Act of annexation to be diſſolved; the new erections and patronages may be diſcharged; the Act of diſſolution of prelacies and Benefices conſiſting of moe churches to be ratified & eſtablished▪ The Act of February An. 1587. the exception of Juny 8. being added, may have place: That ſmall Benefices that are diſponed to Miniſters, may be free of taxation, &c. XII. The next Aſſembly is appointed to conveen at Aberdien, Auguſt 17. in the year 1592. but if a Parliament shall be called, the brethren being advertiſed by the presbytery of Edinburgh shall conveen two dayes before, in the Town where the Parliament shall be called. The conteſt between the Aſſembly and the Seſſion is recorded by B. Spotswood to have begun thus; John Graham of Halyairds within the parish of Kirkliſtoun (being then L: Juſtice, and one of the Colledge of Juſtice) had intended an Action of removing againſt ſome fuars; and to bear out his plea, ſuborned Ro. Ramſay a Notary in Sterlin, to give him an inſtrument, that made for his purpoſe. The defendents offer to diſprove the inſtrument: and in the mean time upon a Warrant obtained from his Ma. they apprehend the Notary, who confeſſed, that the inſtrument which he had ſubſcribed; was brought to him by William Graham brother to the foreſaid John, and that he knew nothing of the buſineſs: and being purſued criminally, was upon his confeſſion condemned of falshood: and p. 488execute to death. The purſuer, as he was a man bold and impudent, to maintain the truth of the inſtrument, did intend Action againſt Patrick▪ Simſon (who had dealt with Ro. Ramſay, to confeſſe the truth of that inſtrument) alledging, that he [Simſon] had ſeduced the man, and made him deny the inſtrument. The Miniſter regrates his caſe unto the Aſſembly: there upon John Graham is ſummoned, to anſwer for the ſcandall raiſed againſt the Miniſter. He compeares, and anſwereth, tha… he would prove what he had alledged before the Iudge competent▪ The Aſſembly replieth, He muſt qualify it befnre them, or they would cenſure him as a ſlanderer. Hereupon followed the conteſt. The iſſue was, the Lords eſteeming this an encroaching upon their priviledges, and that upon ſuch grounds all actions that touched any Miniſter, might be drawn from their Iudicatory, do reſolve to ſend a prohibition unto the Aſſembly, and diſcharge their proceeding: but by the mediation of ſome well diſpoſed perſons, that loved not to have queſtions of Juriſdiction moved, the buſineſs was ſetled, and both actions ordained to ceaſe. But the inſtrument was ſuſtained by the Lords, and judged to make faith: which in end turned to the purſuers undoing. So far he.

XXIX. The King was diligent to remove the broils of the Nobles by calling them before the Counſell, and cauſing them ſubmit their quarells, and partly by making ſtrict lawes againſt the troublers of the common peace: but it was long work; and new troubles wereay breaking out: as in the end of the year the Earle of Bothwell and ſome others envying the credite of the Chancelor, made a conſpiracy and ſturre in the Kings palace: and on February 7. year 1592. the Earle of Huntly killed the Earle of Murray in Dunibriſſell: and the Papiſt Lords were plotting a traiterous comſpiracy 1592.with the King of Spain by means of Scots Jeſuites ſome lying in Spain, and ſome in Scotland, interchanging letters for aſſiſtance, to invade firſt Scotland and then England: as the Letters were intercepted in the end of that year, that were ſome written, and ſome blank, and appointed to be filled up by the Jeſuits in Spain as the truſtees in that buſineſs: and all ſubſcribed by Huntly, Anguſe and Erroll. Theſe Letters were printed, and the diſcovery of the Confeſſion of George Ker and David Graham of Fentry, who was arraigned and be headed at Edinburg February 16. year 1593. Theſe (being Civil) I would have omitted: but theſe are the ground of other things following. The Nationall aſſembly conveenes at Edinburgh May 22. Robert Bruce is choſen Moderator. I. It was conſidered, to The 54. Aſſembly.propound unto the King & Parliament theſe petitions. 1. That the Acts of Parliament in the the year 1584. againſt the diſciplin of the Church and their liberty, be annulled: the ſame diſciplin whereof the Church hath been now in practiſe, may be ratified. 2. Abolition of the Act of annexation, and reſtitution of the patrimony of the Church. 3. That Abbots, Priors and others pretending the title of the Church, and voting in name of the Church without their power and commiſion, be not admitted to vote in name of the Church, neitherin Parliament, nor other convention. 4. That the Country may be purged of fearfull idolatry and blood-shed. Commiſſioners were named for this end. II. It is referred to conſultation, whither is be lawfull, that the Miniſtry should ſucceed in the place of Prelates to vote in Parliament. III. It is ordained, that Miniſters receiving Commiſſions from the Church, if they be ſlothfull in execution, shall be rebuked in the face of the Aſſembly for their negligence. IV. The Church conſidering their duty to God, p. 489and the neceſſity of the charge layd upon them, and ſeeing the dayly decay of religion and lack of juſtice, whereof the effects (to the regrate of all true Chriſtianes) do more and more fall-out in miſerable experience; And that the duty of their office burdeneth them, to diſcharge their conſciences in this behalf, unto their Soveraigne, unto whom it chiefly appertaines to procure remedy there of; Therefore they direct certain brethren, to paſſe immediatly unto his Ma. and to lament the dayly decay of religion, diſorder and lack of juſtice within this realm; and to admonish gravely, that he will do for remedy of theſe evills, as he will anſwer unto God; and like wiſe to admonish in name of the Eternall, to have reſpect in time unto the eſtate of true religion perishing; and to the manifold murders, oppreſſions & enormities dayly multiplied through impunity; And to diſcharge his Kingly Office in both, as He would eſchue the fearfull challenge of God, and turn his wrath from his Ma. and the wholl Land; And to the end, his Ma. may be the better enformed, they are ordered, to declare the particula…es. V. Alexander dickſon being ſummoned, compeares: he is asked, whither he had ſubſcribed the articles of religion preſently profeſſed & eſtablished within the realm? and whether he had communicat at the Lords Table? He anſwereth, he had done both when he was a Student in Santandrews. Then he is asked, In what heads he differeth now? He anſwereth, There be ſundry heads, wherein he agrees not with the Confeſſion of faith. He is bidden either now by word, or too morrow by writ declare the ſpecialls. He plainly avoweth and proteſts, he differeth from them, in all the ſubſtantiall points of religion, wherein the Papiſts controvert with them. Upon this his confeſſion, the Aſſembly findes that he hath committed apoſtaſy; and therefore to have incurred the cenſure of an apoſtate. The next day he ſendeth a ſupplication, offering to ſubſcribe the Confeſſion of faith, or within 40. dayes to paſſe out of the realm; and to this effect craving to be freed from captivity. The Aſſembly deſireth a Bailive of Edinburgh (preſent) to take order with him according to the Act of Parliament, and to ſet him free upon caution. VI. Concerning the hainous murder of the Earle of Murry committed by the Earle of Huntly and his complices; the Aſſembly gives order and ſtrait command unto the brethren of the presbytery of Brechin (who have already entered in proceſs with him) to proceed with concurrence of two brethren of each presbytery of Anguſe and Merns, againſt him for that cruell fact, according to the acts of the Aſſembly. VII. Whereas an act was made in the laſt Parliament, concerning depoſed Miniſters; it is thought meet, at the next Parliament or Convention of Eſtates, To crave, that becauſe it hat been enacted, that notwithſtanding a Paſtor be depoſed, yet the tacks and titles ſet by him, shall ſtand, It be now provided and added unto that Act, that if the tack or title be ſet after the committing of the fact for which the perſon is depoſed, that ſuch tacks, factories or titles whatſoever, shall be null or of none availl. In the Parliament begun Juny 5. The four petitions of the Aſſembly, were taken into conſideration▪ whereof the ſecond and third were denied: but for the firſt; all former Acts of Parliaments for liberty of the true Church were ratified; as alſo the Parliament ratifieth and approves the Generall aſſemblies appointed Act of Parliament concerning the diſciplin of the Churchby the Church, and declares, that it shal be lawfull to the Church and Miniſters every year at the leaſt and ofter pro re nata, as occaſion and neceſſity shall require, to hold and keep generall aſſemblies; Providing, that the Kings Majeſty or his Commiſſioners, with them to be appointed p. 490by his Hieneſs, be preſent at each generall Aſſem. before the diſſolving thereof, nominate & appoint time and place, when or where the next generall aſſembly shall be holden: and if neither his Ma. nor his ſaid Commiſſioners be preſent for the time in that Town, where the Aſſembly shal be holden, in that caſe it be lawfull to the ſaid Gen. aſſembly, by themſelves to nominate & appoint time & place, where the next Gen. aſſembly shall be keept; as they have been in uſe to do in time by paſt: And alſo ratifieth and approves the Synodall or Provinciall aſſemblies, to be held by the ſaid Church and Miniſters twice every year, as they have been, and preſently are in uſe to do, within every Province of this▪ realm; And ratifieth & approves the presbyteries, and particular Seſſions appointed by the ſaid Church, with the wholl juriſdiction & diſciplin of the ſaid Church, agreed upon by his Majeſty in Conference had by his Hieneſs, with certain of the Miniſters conveened for that effect: of which articles the tenor followes, Matters to he treated in the Provinciall aſſemblies: Theſe aſſemblies are conſtltute for weighty matters neceſſary to be treated by mutuall conſent and aſſiſtance of brethren within the Province, as need requires: This Aſſembly hath power to handle, order & redreſſe all things omitted or done amiſſe in the particular aſſemblies: It hath power to depoſe the office-bearers of that Province fot good & juſt cauſe, deſerving deprivation: and generally theſe Aſſemblies have the whol power of the particular Elderships, whereof they are collected. Matters to be treated in the Presbyteries, The power of the Presbyteries is to give diligent labors in the bounds committed to their charge: that the Churches be keept in good order, to enquire diligently of naughty & ungodly perſons, and to travell to bring them into the way again, by admonition or threatning of Gods judgements, or by correction: It appertaines unto the Eldership, to take head, that the word of God be purely preached within their boundes; the Sacraments rightly adminiſtred, the diſciplin entertained, and eccleſiaſticall goodes uncorruptly diſtributed; It belongs unto this kind of aſſembly, to cauſe the ordinances made by the Aſſemblies Provinciall, Nationall or Generall, to be keept and put in execution; to make conſtitutions, which concern TÒ PREPON in the Church, for decent order in the particular Church, where they govern; Providing that they alter no rules made by the Provinciall or Generall Aſſemblies; and that they make the Provinciall privy of the rules, that they shall make; And to abolish conſtitutions tending to the hurt of the ſame; It hath power to excommunicat the obſtinat, formall proceſs being led, and due intervall of times obſerved. Of particular Churches, if they be lawfully ruled by ſufficient Miniſtry & Seſſion, they have power & juriſdiction in their own congtegation in matters ecceleſiaſticall, And decernes and declares the ſaid Aſſemblies, presbyteries and Seſſions, juriſdiction & diſciplin thereof foreſaid, to be in all time coming moſt juſt, good and godly in the ſelf, Notwithſtanding whatſoever Statutes, Acts, Canon, Civill or Municipall lawes made in the contrair; To the which and every one of them; theſe preſents shall make expreſſe derogation. And ſo followes an abrogation of many Acts made in time of Papiſtry in favors of the Papiſticall Church; Alſo the 129. Act of the Parliament An. 1584. was annulled, that it should in no way be prejudiciall nor any way derogatory to the priviledge, that God hath given to the ſpirituall Office-bearers in the Church, concerning heads of Religion, matters of hereſy, excommunication, collation or deprivation of Miniſters, or any the like eſſentiall cenſures ſpecially grounded and p. 491having warrand of God's word. Item then was annulled the act of that ſame Parliament; granting commiſſion to Bishops and other Judges conſtitute in Eccleſiaſticall cauſes, to receive his Hieneſs preſentations unto Benefices, to give collation thereupon, and to put order in all cauſes eccleſiaſticall: which his Majeſty and Eſtates foreſaids declare, to be expired in itſelf, and to be null in time coming, and of none availe, force nor effect; And therefore ordaines all preſentations to Benefices, to be directed unto the particulare Presbyteries in all time coming, with full power to give collation thereupon; and to put order to all matters eccleſiaſticall within their boundes, according to the diſciplin of the Church; Providing. the foreſaid Presbyteries be aſtricted & bound, to receive and admit whatſoever qualified Miniſter preſented by his Majeſty or laick patrones. Lykwiſe an act, that unqualified perſons being deprived, the Benefice vakes, and the Patron not preſenting, the right of preſentation pertaines to the Presbytery, without prejudice of the tacks ſet before the deprivation. Lykewiſe an Act concerning Manſes and glebes at cathedrall and Abbey-churches▪Item an act ratifying & approving all acts of Parliament, Secret Counſell, and all Proclamations made before againſt Jeſuits, Seminary-prieſts and receipters of any of them: & alſo decerning that in all time coming the ſaying of Maſſe, receipting of Jeſuites, Seminary-prieſts, trafficquing Papiſts againſt the K…Ma. & Religion preſently profeſſed within the realm, is and shall be a juſt cauſe to inferr the pain & crime of treaſon, both againſt the Jeſuits, Maſſe-prieſts, trafficquing Papiſts, and receipters of them; providing, how ſoon the Ieſuites and prieſts ſatisfy the Prince and the Church, the foreſaid penalty shall no way ſtrick againſt the receipters. Item an Act ratifying the Act made in February 1587. infavors of Miniſters their ſtipends & rents. Item an act forbid-bidding markets on the ſabbath, & allowing to chuſe a week day for them. Item who give not Confeſſion of faith, shall not enjoy the benefite of any act of Parliament. Likewiſe an act was made againſt erection of Churchlands and tyths into Temporall Lordships, with exception of all that were before erected. Here Bishop Spotſwood affirmes that the King was unwilling either to abrogate the acts of the year 1584. or to grant the ratification of the preſent diſciplin; but Bothwels buſineſs and the many diſcontentments within the realm, moved him to give way, leſt he be troub…ed with their outcry. But this is clearly contrary unto the K^s own promiſe made in the Aſſ. year 1590. And in a few pages before, he objectes againſt the diſciplin a diviſion, that hapned in the presbytery of Santandrewes, for planting the Chu…ch of Luchars, and upon this occaſion that presbytery was divided in two whereof the one went to Couper. He had objected this long before againſt Epiſtol. Philadelph. and it was anſwered in Vindiciae. Pag. 25. that the queſtion was for the gifts or abilities of the two perſons, and not for any bribe, that either of the parties looked upon: but the Bishops were not wont to try the Spirits of men in that manner, but principally looked upon their friendship or money: as for the diviſion of the presbytery into two, it is ſaid there, two others cauſes moved them: they were many in number, and ſo the turnes of their Exerciſe coming ſeldom, ſome were thought to be negligent▪ another cauſe was, that many pretended excuſe of their abſence, becauſe of the diſtance of place and difficulty of the way. At firſt there were but two Presbyteries in Fife, to wit, Santandr. & Dunfermlin. any man who knowes the boundes, will eaſily grant theſe reaſons, as the like cauſes made diviſion of Presbyteries in Anguſe, and other places. But moreover can all inconvenients be eſchued in any ſort p. 492of Government either political or eccleſiaſticall? then was a difference among them: but it was ſoon remedied. Here I borrow of The Hiſtoricall Narration in the title Of the third courſe of Viſitors ſect. 18. where on the margine it is ſayd, Presbyteriall Government is proved to be better than Epiſcopall: Presbytery is better than Epiſcopacy.and in the Section it is ſayd; Seing Paſtors are equall in power by Gods ordinance, the Government can not be lawfull, which bringeth Superiority of one above others. Whereas this parity in power is charged with anarchy & confuſion, it is an unjuſt imputation, proceeding from ignorance or malice: for notwithſtanding this parity among Paſtors conſidered ſeverally, there is a ſubordination of the eldership of particular churches unto a presbytery; and of presbyteries unto Provinciall Synods, and of Synods unto the Nationall Aſſembly. Again every Paſtor is ſubject to the joynt fellowship of Paſtors in the presbytery, Synods and Aſſemblies. Thirdly there is a priority of order, in that one is Moderator or preſident in every meeting or Aſſembly. It is not then looſe or ſingle, but compact parity, and ordered. This comely order preſerves that parity, which Chriſt hath allowed, to be among Paſtors, conſidered with reſpect of one to another ſeverally, and is more convenient for the Church of God, than the ſuperiority of a dioceſian Bishop. It can not be denied, that many eies ſee better than one, either in trying Miniſters, or finding hereticks, or deviſing remedies for evils, or examining delinquents. Next put the caſe, the ſight of one may be sharper than of many, yet many having equal power are not ſo equally nor eaſily corrupted to pervert diſciplin & judgement, as one judging and ruling by his ſole power or with power by his negative voice, to fr…ſtrate the voices of many. One who is a ſtranger, and not a kindely Paſtor, may be more eaſily enduced to wink at hereticks, to admit or tolerate vitious Miniſters, or to …uffer atheiſm or Popery to waxe, than a number of Paſtors watching over their own flocks. Again the zeal of one ſtirreth up the coldneſs of another, and his zeal is tempered by the mildneſs of a third: the contempt of the world in one beareth down the covetouſneſs of a worldling: the graces and gifts of God in ſundry perſons, like ſundry ingredients in one ſalve, meet together, and temper one another. It is expedient (ſay prudent Politicianes) that in Aſſemblies there be ſome like Cato, Claudius or the like, to correct with their ſeverity the gentle voices of others. Thirdly will not the kindly Paſtors be more vigilant or carefull of the weel of their own flocks, than an idol sheepherd, ſet over many with a generall overſight? Fourthly is there not greater liberty, and conſequently ſinceerer Government, where men may utter their mindes freely in propounding, reaſoning and voting, when all are of equall power; than when one hath power to preſent others to Benefices, preferr, tranſferr, and on the other ſide to depreſſe, vexe and perſecute? 5. Is it not more convenient for the eaſe of Gods people, that cauſes be pleaded, offenſes be tryed, and offenders cenſured, where the offenſes is committed, without charges to parties & witneſſes, and with expedition, than to trouble the ſubjects with journeying unto the Bishop, and to wait upon his leiſure for tryall and determination? 6. Is not the Government more Presbytery is more effectuall, i… en Epiſcopacy againſt here…y & ſ…ſm.convenient for the Church, where no man is exeemed from cenſure, than where Prelates rule without controlement, either of Preſbytery or Synod, from whoſe cenſure they are exeemed, or of Nationall aſſembly, which are not, but when it pleaſeth them, and then overruled by them? It is oft alledged, that parity is ſubject to ſchiſm and breeding of hereſies. I anſwer, That may be true, where parity is not qualified and ordered with p. 493the ſubordination above mentioned, or if every man be ſuffered to live as him liſteth: but when it is ordered, as ſaid is, experience in our own Church is a ſufficient evidence of the moſt powerfull mean to ſuppreſſe ſchiſm and hereſy: and that was the reaſon, that K. James alledged unto an English Divine, (admiring why our Church was never troubled with hereſy:) for [ſaid he] if it ſpring up in a parish, there is an eldership, to take notice of it, and ſuppreſſe it: if it bee too ſtrong for them, the Presbytery is ready to crush it: if the Presbytery can not provide againſt the obſtinat, in the Synod he shall finde moe witty heads: if he be not convinced there, the Generall Aſſembly will not ſpare him. But wee never heard, that any error was ſo obſtinatly maintained; as to be brought to the cenſure of a Synod, far leſs to the Gen. Aſſembly, excep only two uſurping Bishops, and Tho. Hepburne, yet he was ſuſpended, and after conference with ſome, which were appointed to argue with him, he corrected his opinion. Wee have the like experience of the Church of France: and if the Reformed Church of the Low Countries had enjoyed the liberty of ſet and generall Aſſemblies as the Church of Scotland did, and France doth, Arminianiſm had not go…e ſuch footing among them: and if that extraordinary Nationall Councell had not been held at Dort, in all liklyhood it had prevailed. But epiſcopall Governument hath bredd and entertained ſchiſm, hereſy, tyranny. Among presbyteries if one had hatched an hereſie, it was ſoon crushed; unleſs a Bishop had taken the patrociny of it: but if a Bishop hatch an hereſy, or take upon him the defenſe of one hatched by another, he drawth commonly all the Diocy after him, as may be cleared by infinite inſtances; and when the univerſall Bishop was ſet up, a Generall apoſtaſy followed. All the world hath been shaken with contentions of Bishops, patriarcks and popes for preferment to their places, or advancement of their honors. So that wee may juſtly averr, that ſuperiority of Bishops hath been the Knife, that hath cut the ſtrings of concord & peace. The heathen Emperours have not been g…eater perſecuters, that Lordly Prelats: Catilina did not diſturbe the common wealth, more than Bishops have done in ſome Nations, I as witneſſeth Thomas Becket and Anſelm, thogh even for the ſame cauſe principally they were called Saints] And if we will caſt our eyes on our neighbour Church, there we may find Familiſts, Anabaptiſts, Lutherans, Arminianes, and preachers popishly affected, to live without controlement, but ſound & orthodoxe preachers to be (for not conformity in ceremonies, &c.) ſilenced, impriſoned, banished or otherwiſe hardly uſed. Since the golden ring of equality among Paſtors was broken in our Church, and the liberty of holding aſſemblies was re…t from her, a fearfull ſchiſm hath entered with obtruding of Popish ceremonies; popery and Arminianiſm is taught in churches and Schools; and none ſo readily preferred to Bishopricks or inferior Benefices as Arminian and Popish preachers, which (unleſs God prevent it) in end will draw all the body into apoſtaſy and defection, which is more dangerous than a meer ſchiſm. This the Author did write about the year 1635. Certainly ambitious men and all who will not be curbed in their looſe carriage, are enemies of this Diſcipline.

XXX. The plots of the Popish Lords (at which I hinted before) being 1593.ſo manifeſtly diſcovered, to tend for the overthrow of religion and of the Realm, did animate the King much againſt the Jeſuits, and he published his reſolution to ſpare none, that were tryed guilty of that treaſon, but make them example to all poſterity, in moſt ſerions manner requiring all good ſubjects to beware of theſe Jeſuites, and in their prayers to p. 494implore the mercy of God, for preſerving themſelves, their wifes and chlildren from the conſpiracy intended. The Miniſters of Edinb. eſteeming it their duty, to make the conſpiracy known unto the churches of the countrey, wrote letters unto the neareſt Miniſters, deſiring them to meet at Edinb. January 8. to give their advice in theſe dangers. The meeting was frequent: for the report of the diſcovery dr…w many of every condition thither. Robert bruce declared the danger, whereinto the Countrey and Church were brought. It was thought meet to entreat his Majeſty by ſome Commiſſioners, to execute the Lawes againſt Jeſuits & their abettors. The King accepteth them, that were ſent unto him, and gives thankes unto them all for their readineſs to aſſiſt him at that time, and wished them not only to give their advice for the courſe that shall be taken, but to let him know, what help they would contribute for ſtrengthening him. This being reported to the meeting, their advice was, that a Parliament be called, and the ſubſcribers of the blanks be ſummoned; and becauſe it was not likly, they will appear, and ſo his Majeſty shall be forced to purſue them by force of armes, they did humbly offer their attendance upon his Majeſties perſon, till theſe be apprehended or expelled out of the Countrey; as alſo they will entertain a guarde to his Majeſty of 300 horſemen and 100 foot, ſo long as any neceſſity shall be, and eſpecially till the lawes have taken effect againſt the rebells; Providing, it be not drawn into a cuſtom, nor prejudge the liberty of the realm. This offer was accepted, and proclamation was made to meet the King at Aberdien February 20. for ſetling the North. Anguſe was impriſoned upon another occaſion: yet eſcaping went to the North. So ſoon as they heard of the Kings coming, all theſe fled unto the hills, and ſent their Ladies with the keies of their houſes unto the King. He appointes his Lieutenants in the North, and returnes to Edinburgh, March 26. The Aſſembly conveenes at Dundy Aprile 24. David Lindſay is choſen Moderator I. A ſupplication was Teh 55. Aſſembly.ſent unto the King and Counſell, for execution of the lawes againſt all manner of Papiſts, and regrating the prejudice done to the planting of Churches, by erection of prelacies into temporall Lordships, whereof they ſupplicate for remedy. II. An inventary is taken of all presbyteries throughout all the Country: none in Argyle and the weſt or north Iſles; as alſo an inventary of all vaking and unprovided Churches. III. Commiſſioners are appointed to try all Miniſters in every presbytery who are not qualified, not reſident, ſcandalous, &c. And to proceed againſt ſuch by advice of their own presbytery according to Acts of the Church; and for shortening the Commiſſioners travels, it is appointed, that before their coming every presbytery shall uſe diligence among themſelves; and that every presbtery shall provide for the Churches of theſe commiſſioners enduring their abſence in viſitation. IV. In Seſſ. 7. S…r James melvin of Hallhill Commiſſioner from the King preſenteth a Miſſive containing the articles following, and the Act of the late Parliament concerning the juriſdiction of the Church theſe were thankfully accepted, read and otdained to be regiſtred. The articles were. 1. His Majeſty declares, that ſeing he can not with honor ſee the priviledges of the Crown hurt, therefore he will ſee the Act of the Parliament keept concerning the conveeing of the Generall Aſſembly by his appointment, willing them therefore before their diſſolving to direct two or three unto him to crave of him to appoint time and place of their next meeting. 2. To make an Act prohibiting all and every Miniſter, under the pain of depoſition, to declame in pulpit againſt his Majeſty or Counſell's p. 495proceedings, ſeing they know his good intention, to ſet forth piety & juſtice, and he at all times gives ready acceſſe to ſundry Miniſters for informing, delating or complaining either in their own name or in name of any of the Brethren. 3. Becauſe M^r Craig is old, he craves, that shey would give in liete five or ſixe Miniſters, out of which he may chuſe two, to ſerve his houſe. 4. Seing the ſtanding of religion and the welfare of his Ma^s perſon are ſo inſeparably joyned, that whoſoever are enemies to the one, are common enemies to both; therefore let ſome be appointed in every Presbytery, to advertiſe & inform him diligenly for the more ſpeedy remedy, not only of whatſoever practiſes they can hear of Papiſts and the Spanish faction, but of their receipters, and of the practiſes of Bothwell, whoſe wholl courſes as they are directly againſt his perſon, ſo they tend wholly to the ſubverſion of religion; With directjon alſo unto them, to inform all the Barons and honeſt men tenderers of his Ma^s wee fair, to atrend and give inteligence of theſe practiſes as they can learn from time to time. 5. That where is any port or landing place, ſome brethren be ſpecially appoinred, to deal ſo with the Burghs, that they take ſufficient tryall according to the law made, of all who shall come into, or paſſe forth of this eountrey, from whence they came; whither they intend, what is their purpoſe; and ſo after good and ſufficient tryall, if there be any thing of weight & importance, that they fail not to acquaint his Majeſty there with, to the end, he may the more readily diſcover all forrein or inteſtiue practiſes, which are or shall be plotted againſt the eſtate of the preſent religion; And this he craves to be done ſo faithfully, as he hath good opinion of their earneſt affection no leſs to the preſerving of his perſon, as to the defence of the common cauſe; As alſo he promiſeth to aid and aſſiſt you in all your good reſolutions, that may tend to the furtherance of peace and quietneſs with the advancement of true religion preſently profeſſed within this realm. The humble anſwers of the aſſembly. 1. Unto the firſt, it is agreed according to the Act of Parliament, which was delivered with the Articles. 2. It is ordained by the wholl Church that no Miniſter utter from pulpit any rash or unreverent ſpeaches againſt his Majeſty or Counſell or their proceedings: but that all their publick admonitions proceed upon juſt & neceſſary cauſes & ſufficient warrant in all fear, love and reverence, Under the pain of depoſing thoſe, that do in the contrary, from the function of the Miniſtry. 3. The Commiſſioners that are directed unto his Majeſty shall nominate the Brethren, and whom he shall chuſe, shall be admitted by the presbytery where his Majeſty makes reſidence for the time. The 4 & 5. are condeſcended unto, and order taken, as the Commiſſioners will give particular information. V. No Colledge shali make diſpoſition of their rents or livings by tack or any other title, without the advice & conſent of the Generall aſſembly, VnderUnder the pain of depoſition of the perſons diſponing. VI. For furtherance of the reſidence of Miniſters, it is appointed, that all parishes shall build manſes, where are none, or where they be ruinous, upon their own expences: or if they refuſe after they are duly required, not only shall they be judged the only cauſe of the Miniſters not reſidence: but it shall be lawfull unto the Miniſter, his aires exequitors or aſſignayes departing, to retain the poſſeſſion of the Manſe built by him, if he build or repair the ſame upon his own expences, ay and whill the Intrant Miniſter refound unto him or his foreſaids the wholl expences, at leaſt ſo much as the Parish can not be moved to refound: And that the presbytery at the Intrants admiſſion take order for performing this: providing that the expences p. 496exceed not 400. marks: And the presbytery, after the repairing or bigging of the Manſe, shall take exact tryall and account of the expences, and give him their allowance to be regiſtred in their books; And likewiſe the Miniſter ſucceeding shall have …he like title to crave of the Intrant after him the like expences, ay untill the Parish shall outquite the Manſe. VII. Commiſſioners are appointed to attend the Parliament with the petitions of the Aſſembly. VIII. As the books of Presbyteries are tryed in rhe Provinciall aſſemblies, ſo the books of the Synods should be brought unto every Generall aſſembly for the better underſtanding of their proceedings, Under the pain of the cenſure of the Church. IX. For remedying controverſies among Miniſters, it is concluded, that where any plea thogh in a civill matter, ariſeth betwixt two brethren, if they be both of one presbytery, they shall chuſe what number they pleaſe thereof, and the elected shall chuſe an overman, and they shall ſummarly decide and give Sentence, which shall be irrevocable or without appellation. And if they be of ſundry presbyterics, they shall chuſe equall number out of them both, and the elected shall elect an Overman; and theſe shall give Sentence as ſaid is without appellation. And if any shall refuſe this form & ſubmiſſion, he shall be held by the Church, to be contumatio…s. X. The Generall aſſembly by the authority given by God unto them, diſchargeth all and every Chriſtian within the Church of Scotland from reparing to any of the King of Spain his dominions, where the tyranny of Inquiſition is uſed, for merchandice, negotiation or exercing of ſea-faring occupation, Untill the Kings Majeſty by advice of Counſell have fought and obtained ſpeciall liberty from that King for all his ſubje&s to negotiat there without danger for the cauſe of religion, Under the pain of incurring the cenſures of the Church, untill the laſt Sentenee of excommunication. The reader may judge of the fyve articles, and the anſwers. B. Spotſwood ſaith, the firſt two articles were ſavouring of diſcontent: but he gives not a reaſon: and he ſaith, the King eſteeming the ſecond anſwer to be no reſtraint, but rather to Miniſter an excuſe to the unruly ſort, when they tranſgreſſed, rejected it as not ſatiſfying his demand: whereupon the petitions of the Church againſt the Papiſts at the ſame time, and againſt the erections of tyths into temporalities, were not regarded. And the merchants (ſaith he) offending at the Act made concerning them, did petition his Majeſty and Counſell for mantaining their liberty: which was granted: and nevertheleſs the Church proceeded in their cenſures, till the merchants promiſed to ſurceaſe their trade with Spain, how ſoon their accounts were made: and they be payd of their debitors in theſe parts. As for Bothwell, he had fled into England, when his treaſonous attemps were diſcovered: and when the English Ambaſſador did interceed for him, the King ſaid, His offenſes were unpardonable, and to be abhorred of all Chriſtian Princes. In Juny he returned privily into Scotland, and found rhe means to ſurpriſe the King within Halirud houſe, and cauſed him ſubſcribe articles: which the King afterward did revoke in a Convention of the Eſtares, as diſ-honorable; and made offer to grant the ſame upon a new ſupplication, when he is now at liberty. But Both well falleth to his wonted formes, and threatned to make the King obſerve the conditions. Wherefore he was cited to compear before the Counſell, and not compearing, was denounced rebell. Much trouble followes with the Popish Lords, whereof is mention in the next Aſſembly.

XXXI. The Aſſembly conveenes at Edinburgh May 7. 1594. Andrew p. 4971594.Melvin is choſen Moderator. I. James Drummond and other Burgeſſes of The 56. Aſſembly.Perth being cited by the Preſbytery there, for receiving the excommunicated Lords into their houſes, do compeare. They are demanded, whither they had received and entertained theſe Lords? They anſwer, They did receive them, but …ore againſt their wills, and in obedience unto the Kings charge: and before the coming of the charge, the greateſt part of the town had condeſcended to receive them. They were urged with rheir own promiſe, not to receive them; and that they had violate their promiſe. They anſwer, A promiſe of aſſiſtance was made unto them, and that promiſe was not keept unto them. They were removed, and after they had conſulted with ſome others, they return; and confeſs for themſelves and in name of the town, to the glory of God and fatiſfaction of the Aſſembly, that they were too rash and ſuddain in receiving theſe notorious enemies of God; craving moſt earneſtly, that none take offenſe nor evill example by their doing, proteſting before God, that theſe had entred the town againſt their hearts, who are here preſent; and promiſing in time coming to maintain and aſſiſt the Church and true religion preſently profeſſed within the realm, and to reſiſt the enemies thereof, to the uttermoſt of their power, This eonfeſſion and promiſe they gave in writ, and ſubſcribed in the face of the Aſſembly: and the Miniſter of Perth is ordained, to declare in pulpit of that town, the ſatiſfaction accepted, &c. II. The Sentence of excommunication pronounced by the Synod of Fi…e in October, againſt the Apoſtate Lords, Anguſe, Huntly, Arroll and others; the Aſſembly in one voice ratifieth and allowes, as alſo the proceſs led againſt them: and ordaines all Paſtors within the realm, to publish at their churches the ſame Sentence, leſt any man pretend ignorance of it; Exception is made of Alexander Lord Hume, who hath ſatiſfied the Church, as followes. III. After particular ſearch of diligence uſed by Preſbyteries, for extirpation of papiſtry, and what diſciplin they had uſed againſt papiſts and the receivers of excommunicats and prieſts; that ſo the danger of true religion may be the more known and conſidered: It was thought meet, to conſider his Ma^s good endeavours: and here they remember his Ma^s good deſigne at Aberdien, where He and the Noble men and Barons made a Bande for defence of religion, took the houſes of the Apoſtates, and put men to keep them: he called ſome Papiſts and ſent them to Edinburgh: he gave commiſſion unto the Earle Marshall of Lieutenentry for ſuppreſſing Papiſts, and had called ſundry Barons before him, for cognoſcing the ſubſcription of the blanks, which had verified, that theſe ſubſcriptions were the hand-writs of the Apoſtat Lords: and after his return, an Act of Counſell was made, that none preſume, to procure any favor unto them, and a charge was given to his Miniſters, to take the oaths of his domeſticks, that none of them shall interceed at his hand for them: which was alſo done. And that it may be evident, that the Church hath not been idle in time of theſe dangers, it was declared, that they had propounded articles unto the Parliament, for forfeting the Apoſtates: they had directed their petitions unto the King at Iedburgh, and again articles unto Lithgow: of all which ſmall ſucceſſe hath followed, and the danger is no way diminished. The tenor of the Act and Bande above named, is; Wee Noble men, Barons and others ſubſcribing, being fully and certanly perſuaded of the treaſonable practiſes and conſpiracies of ſundry his Hieneſs unnaturall & unthankfull ſubjects againſt the eſtate of the true religion preſently profeſſed within this realm his Ma^s perſon & Crown, p. 498and liberty of this our native Countrey; and finding his Ma^s good diſpoſition to prevent and reſiſt the ſame, and to repreſs the chief authors thereof, his Majeſty having our concurrence and aſſiſtance to the ſame effect, Therefore and according to out bond duty and zeall wee owe unto Gods glory, love of our native Countrey, and affection to his Ma^s perſon, crown and eſtate, Wee have promitted, and by theſe preſents promit, faithfully bind & oblige us and every one of us to concurre and take ſinceer and true part with his Maj. and each one of us with another, to the maintaining and defence of the liberty of the ſaids religion, Crown & Countrey, from thraldom of conſcience, conqueſt and ſlavery by ſtrangers, and for repreſſing and purſuit of the chief authors of the ſaid treaſonable conſpiracies, ſpecially Geoge Earle of Huntly, William Earle of Anguſe, Francis Earle of Arroll, Sir Pa. Gordon of Achindoun, Sir James Chisholm of Dundaruy, M^rs Ja. Gordon, William Ogilvy, Robert Abercromy and all other Jeſuits, Seminary-prieſts, trafficking papiſts and others his Hieneſs's declared traitors, rebellious and unnaturall ſubjects, treaſonable practiſers againſt the eſtate of the true religion, his Ma^s perſon & Crown, and liberties of this our native Countrey; And to that effect wee and every one of us shall put ourſelves in arms, riſe, concur and paſſe forward with his Majeſty, his Lieutenentents or others having his Ma^a power and commiſſion, at all times, when wee shall be required by proclamations, miſſive or otherwiſe; and shall never shrink nor abſent ourſelves for any particicular cauſe or quarell among ourſelves; Wee shall not ride with, aſſiſt, shew favor, give counſell nor take part with the ſaids Earls, Jeſuites nor others foreſaid, nor with the perſons denounced, or that shall be denounced to the horn, or fugitives from his Majeſties lawes for the treaſonable raiſing of fire and burning of the place of Dunibriſſell, and murder of …mquhil James Earle of Murray, nor receive, ſupply nor entertain them, nor furnish them meat, drink, houſe, nor have intelligence with them privatly nor publickly, by meſſages, letters nor any other way; The skaith and harm of others wee shall not conceile, but diſcloſe and impede to our power; The quarell or purſute of us or any of us wee shall eſteem, as preſently wee do eſteem as equall to us all; And by ourſelves, our wholl forces, like as his Maj. with his force and authority hath promitted and promits to concur & aſſiſt together, each one in the defence of others to our utter powers: and if any variance shall happen to fall out among any of us for whatſoever cauſe we shall ſubmit, as we preſently ſubmit us to the judgement & deliverance of any two or three of the principals of us ſubſcribers of this preſent Bande, fulfill whatſover band shall be declared by them without reclamation; Atover his Ma. by whoſe direction & command with advice of his Counſell certain Barons and gentle men are directed to remain in the ſouth parts of this realm, hath promitted and by theſe preſents promits in the word of a Prince, that the ſame Barons shall not be licenced to return unto the ſaid north parts, nor shall any favor or pardon be granted unto the ſaid Earles, Ieſuits nor other above ſpecified, any order be taken, nor diſpenced with, without the ſpeciall knowledge and advice of the Lieutenent or Commiſſioner for the time, and ſixe of the principall Barons at leaſt, inhabitants of the ſaid north parts, ſubſcribers of this preſent Band; And this to, do wee the ſaid Noble men, Barons and other foreſaids have ſworn and ſwear by the great God our Creatour, Jeſus Chriſt his Sone our Redeener, and the Holy Ghoſt our Sanctifier, witneſs of the verity here agreed upon, add revenger of the breach thereof; and further wee oblige us thereunto under the pain of periury, infamy, p. 499and loſſe of credite, of honor & eſtimation in time coming, beſides the Lawes, to be executed againſt us. In witnes whereof we have ſubſcribed theſe preſents with our hands, as followes, even as his Ma. in token of allowance and approbation of the premiſſes hath ſubſcribed the ſame Act, At Aberdien the day of March 1592. Sic ſubſcribitur, Ja. R. Lennox, Athol, Mar, Marshall, James L. Lindſay, John L. Innerneſs, John M^r of Forbes, &c. With this is written the Proclamation made at Halirudhouſe Jan. 5, 1592. [1593. according to the reckoning now] Forſomuch as albeit the dangerous effects of the couered and buſie travells of Jeſuits Seminary-prieſts born ſubjects of this realm, and others ſtrangers in theſe late years have been feared and eſpied, and for that cauſe by ſundry lovable lawes, Acts & proclamations, both their own remaining, and the receiving of them, have been prohibited under diverſe high paines; yet their coloured ſimplicity hath ſo far prevailed, as they have not only purchaſed unto themſelves favor & credite to be keept, huirded & entertained in ſundry parts of the realm, After many promiſes made, that they shall depart forth of the ſame, but alſo have taken occaſion and leiſure to perſuade ſundry of his Hieneſs's ſubjects to apoſtaſie from that religion, wherein they were once inſtructed & grounded, and have confirmed in their errors, and at laſt have ſeduced them to caſt off their due obedience, which they owe unto his Majeſty, and enter into a treaſonous conſpiracy for in-bringing of ſtrangers, Spainards into this realm the next Spring or ſooner, to the overthrow of his Hieneſs and all profeſſing the true religion with him, and to the ruin and conqueſt of this antient Kingdom, and liberty, which this Nation hath enioyed ſo many ages; that it may be ſubject hereafter to the ſlavery & tyranny of that proud Nation, which hath made ſo unlawfull & cruell conqueſt in diverſe parts of the world, al…well upon the Chriſtians as infidels, whereſoever the aid of Spain hath been ſought, Regarding in end no better the inbringers than them againſt whom they were brought, being once victors & commanders, as eaſily may be proved by ſpeciall exampls which the malitious a…d minaturall ſubjects of this Land would repute but as generall and improbable diſcourſes, published in hatred of that Nation, to which they have already ſold themſelves ſlaves; and are their friends & factors in this Land as they ſpeak and write, Were it not, thath it pleaſed the almighty God, to make the proof heerof certain and without all doubt, by detecting of the ſimple trueth of the intention & finall cauſes of all the crafty practiſes of theſe pernicions trafficking Papiſts, Jeſuites and Seminary-prieſts, againſt God, true religion. his Ma, and liberty of this Country, namely, M^r Iames Gordon father-brother to the Earle of Huntly, Ro. Abercromy father-brother to the Laird of Murtle; whoſe letters, directions, advices; yea and the meſſingers or carryers of their credits, and certain others chieff inſtruments and furtherers of their trade, God hath caſten into his Hieneſs hands, when the ship appointed for their tranſporting was in full readineſs: Whereby his Majeſty is now not only ſufficiently forewarned of the imminent danger to the true religion, his own eſtate & perſon, his realm and faithfull ſubjects, but reſolved with Gods help (by whoſe providence he hath been ſo wonderfully delivered from many former perrills) to try the full circumſtances of this ſo high a conſpiracy and deteſtable treaſon; To withſtand it, and punish it and on all guilty thereof, in example to all poſterity, that none of his ſubjects heretofore abuſed and deceived by the crafty illuſions of theſe pernicious and buſie workmen, shall remain any longer doubtfull of the truth of his Majeſties mind & intention, Ordaines Letters to be directed to p. 500Officers of arms, shirrefs in that part, to make publication of the premiſſes by open proclamations at the market-croſſes of the head burghs of this realm and other places needfull, for warning them of the many dangers, if they shall ſuffer themſelves to be any longer in error by theſe deceiving ſpirits, to the perrill of their ſouls, landes and goods; And therefore to abſtain from further hearking to their treaſonous perſuaſions, and from all entertaining, receiving, ſupply, intercommoning or having intelligence with them directly or indirectly, under whatſoever pretext or color; Under pain of treaſon; Commanding alſo all & ſundry his Ma^s faithfull & obedient ſubjects, that love & feare God, wish the ſtanding & wel fare of his Majeſty their Soverain Lord & King, profeſſing with him the true and Chriſtian religion, and deſire that their own wifes, chidren and poſterity should now and hereafter enjoy the commodities of this their native Countrey unconqueſt, and made ſlaves in ſouls & bodies to mercileſs ſtrangers, That they implore the mercy & protection of the Almighty God for their defenſe & ſave guard; and put themſelves in arms by all good meanes they can, remaining in full readineſs to purſue or defend, as they shall be certified by his Majeſty, or other wayes find the occaſion urgent, in the mean time diligently eſpying and getting intelligence of the treaſonable courſes and proceedings of the ſaid Jeſuits, prieſts, their favorers, mantainers and receipters, and make advertiſement to his Counſell thereof, with all ſpeed & celerity, as they will anſwer unto God and his Majeſty thereupon. Sic ſubſcribitur, James R. Theſe being read, the Aſſembly gives their power & commiſſion unto Pa. Galloway, Pe. Black burn & Pa. Simſon, to give information unto his Majeſty [reſiding then at Sterlin] of the evident dander imminent to the Church of God within this realm, according to the inſtruction given unto them, and to preſent unto his Majeſty their humble articles & petitions for removing the ſaid dangers; and to inſiſt with all humility and due reverence for hit Ma^s good anſwer thereunto, and to report with all diligence his Ma^s anſwer, before the Aſſembly diſſolve. The tenor of the articles followes; The ſame dangers which before by the crafty & pernicious practiſes of the Jeſuits, and malicious, unnaturall & treaſonable conſpiracies of the Earls, Arroll & Anguſe with their compſices, threate the ſubverſion of true religion and the profeſſors thereof, his Ma^s Crown & perſon, and betraying of this our native Countrey to the cruell and mercileſs Spaniard, and were at that time diſcovered ſo evidenly, that none can pretend ignorance, At this time are imminent, more urgent and more to be feared than when the danger ſeemed to be greateſt, as may evidently appear by the reaſons following. 1. It is certain, that the Spaniard, who with ſo great preparations in the year 88. interpriſed the conqueſt of this Iſle, remaines as yet in that firm intention, and waites only upon a meet occaſion, to accomplish that his purpoſe, as appeares clearly by his continuing in this entertainment of intelligence and trafficking with the foreſaids excommunicates ever ſince the diſſipation of his Navy. 2. The manifeſt rebellions of the foreſaid excommunicates, and defections from his Ma^s obedience after ſo evident appearances of their wrack for their manifeſt & treaſonable attempts, at the bridge of Dee, Faulkland, &c. And the proof of his Ma^s clemency and favors toward them in pardoning their ſaids treaſons, declare that their malicious & reſtleſs ingines in proſecuting their unnaturall conſpiracies againſt the religion & Country, can not leave off nor ceaſe, ſo long us they are not punished and reſtrained by execution of juſtice. 3. Whereas the Church hath at all occaſions, inſiſted to declare p. 501unto his Maj. Counſell, and Eſtates the danger evident for the time; and to craue convenient remedies thereunto, yet in effect nothing hath been obtained, notwithſtanding whatſoever promiſes, Acts, proclamarions and levying of Armies, whereby they have been always put in great ſecurity, and take liberty & boldneſs of further practiſes & astempts. 4. Notwithſtanding it was expreſſely provided by Act of Counſell, that none should preſume to traffick or ſpeak in favors of theſe excommunicates under the pain of loſing their Offices, yet now they are advanced in greater credite of his Maj. that are known, to have been their chiefeſt favorers; and they ceaſe not as yet, contrary to their promiſes, to procure them all favors, overſicht & immunity, as it appeares in effect, whatſoever they pretend. 5. The erection of the idolatry of the Maſſe in ſundry places of the Land, as in Wal. Lindſay's houſe of Balgay in Anguſe, in the young Laird of Boniton's houſe of Birnes, in the Earle Anguſe his houſe of Bothwell in Clidſdeall and other places of his reſidence in Douglaſdeall, in the Earle of Huntly's houſe at Straboggy; in the Earle Arrols houſe of Logy-amount and Slaines, prove clearly, that either they find themſelves ſufficienly aſſured of ſuch favor & aſſiſtance within the Country as may plainly maintaine their cauſe by force, or that they are perſuaded of the aid of ſtrangers, to be in ſuch readineſs, that in due time may ſerve for their relief, before his Maj. and the profeſſors of religion perform any thing to purpoſe in their contrary: for otheirwiſe they durſt never diſcover their idolatry ſo openly. 6. The refuſing the act of abolition offered unto them by his Maj. to the great grief of his good ſubjects, proves ſufficiently the ſame: for it is very probabile & manifeſt, that they would not have refuſed ſo great a benefit, unleſs they had thought themſelves fully aſſured of a better, either by favor of court & aſſiſtance within the Countrey, or by concurrence & and of ſtrangers. 7. Their refuſing to enter in ward, notwithſtanding his Ma^s indignation, and all that may follow thereupon, proves the ſame. 8. The late arriving of a ship at Montros evidently shewes, that their dangerous practiſes are preſently at the point of execution againſt religion and the Country, and on an haſtily bringing forth ſome great inconvenient; unleſs they be prevented and reſiſted by a preſent remedy. 9. The open conventions of the forenamed excommunicat Earles holden at Brechin and other places ſince the arrivall of that ship, declare, that they eſteem their courſes to be ſo ſubſtantially layd, that they fear not, what may be done for reſiſting them. 10. The diligence of the ſaid excommunicats in preparing & putting their wholl forces in the north, in armes & readineſs upon advertiſment, shewes that they have ſome preſent enterprice, and attend only upon concurrence, which appearingly they are very much encouraged to expect, ſince the arrivall of that ship. 11. Whereas his Majeſty and Eſtates at the firſt diſcovery of their conſpiracies apprehended a very great danger to true religion, the Kings eſtate & Crown, and liberty of the Countrey; and albeit the ſame cauſes of danger as yet remain wholly unremoved, there is no apprehenſion of any danger, nor earneſt care to with ſtand it; It is evident, that either there is a great inclination & purpoſe to cover, extenuat and bear forth the evill cauſe, which they will not ſee, or els the Lord in judgement hath blinded and hardened the hearts of all Eſtates, to grope in the mid day that which they can not ſee: which is the greateſt danger of all, and a moſt certain argument of the wrath of God and his heavy judgement hanging over the Land, and ſo much the more to be feared, becauſe no cauſe of fear is apprehended. Follow the remedies of the ſame, with the Kings anſwers on the margine. For remedy of theſe dangers, the aſſembly ordaines the Commiſſioners, to deal earneſtly with p. 502his Majeſty, that he may apprehend the perrill, and be moved with a bent affection to proceed againſt the forenamed excommunicates, papiſts, traitors, as followes. 1. That theſe excommunicates To proceed againſt the excō. There shall nothing of that be undone on my part, as If have at length declaired to the bearers.be forfeited without favor and to that effect, the Parliament appointed to the 27. of this Inſtant, be held preciſely without any delay: the advocat be ſufficiently inſtructed in every point, that the ſummons may be found relevant, and ſufficient probation provided. 22Great reaſon & further as I have shewd the bearers.That none ſuſpect of religion be choſen upon the articles. 33Great reaſon, the forfeitry being ended.That they be purſued after the forfeitry with all extremity, and their lands and rents annexed to the Crown, to remain with his Majeſty and ſucceſſors for ever, and no part thereof diſponed to any in favors of the perſons forfeited. 44How willing I am to be employed in apprehending any practizing Papiſts, I remitt mee to the bearers declaration.That in th… mean time his Ma^s Guard, be employd for apprehending Walter Lindſay, the Abbot of New-abbay, Boniton younger, Ge. Ker. Alex. Leſly, Tho. Tyrie with all other traffickers, Jeſuits, prieſts not contained in the ſummons of forfeitry. 55Great reaſon, how ſoon theſe are forfeited, and I thank them for their counſell.That the rebells houſes be taken, charged and manned, and their living intrometted with to his Majeſties uſe without favor, and no part thereof be diſponed to their friends or any other perſon for their commodity. 66Great reaſon, their forſciture alwaye preceeding.That all perſons be inhibited under the pain of treaſon, and loſſe of life, lands and goods to receipt, ſupply, riſe-with or concurr, or have intelligence with the foreſaid excommunicats, under whatſoever pretenſe of vaſalls or dependes. 77To be ready at my charge, it is very meet: But I underſtand not the laſt clauſeThat all the ſubjects be charged to put themſelves in arms by all good means they can, remaning in full readines, to purſue and defend, as they shall be certified by his Majeſty or otherwiſe finding occaſions urgent. 88I shall omitt no diligence in that which can be required at my hands, as I shall anſwer to God.That the ship arrived at Montros be apprehended, and the perſons which were within her, together with others which have had any dealing with them, according as they shall be given up in writ, be called and diligently examined, for diſcovery of the practiſes and purpoſes which they have preſently in hand. 9,9,Diſtingue tempora, & conciliabis Scripturas: The meaning of this the bearers will expound unto you.Forſomuch as the Lord Hume hath controveened ſundry points, wherein he was obliged unto the Church of Edinb. by his promiſe at the receiving of his ſubſcription, as, in not ſatiſfying the Synod of Fife, in not receiving a Miniſter into his houſe, in not removing out of his bounds Captain Andrew Gray and Thomas Tyry, whereby (as alſo by his ſcandalous life ſince his ſubſcription) he hath given juſt cauſe of ſuſpicion unto the Church and all good men, that as yet in his heart he is not ſanctified truly, or converted to the true religion; Therefore that his Majeſty would take earneſt tryall of the premiſſes and thereby judge, if there appear in him ſuch ſincerity of religion & life, as his Majeſty may truſt him, and the Church may expect true friendship in ſo dangerous a time in the cauſe of religion, and if that be not found, that his Majeſty would remove him from his company, and diſcharge him of all publick office and command. 1010The complaints belong not unto your offices alwayesThat the guard preſently taken up, be tryed together with the Captaines, becauſe many complaints p. 503are given unto the Aſſembly againſt them. IV. I have ſatisfied the bearers. Subſcribitur, Iames R.Whereas a horrible ſuperſtition is uſed in Garioch and in other parts of the Countrey, in not labouring a parcell of ground dedicated to the devill, under the name of the good mans croft; the Church for remedy hereof hath found meet, that an article be propounded unto the Parliament, that an Act may proceed for ordaining all perſons poſſeſſors of ſuch lands to cauſe tille and labour them before a certain day to be appointed thereunto: or in caſe of diſobedience, the ſame landes to fall into the Kings handes, to be diſponed unto ſueh perſons, as shall pleaſe his Majeſty, who will labor them. V. Alexander Lord Hume compeares; and is asked by the Moderator, Whither he confeſſeth with his heart and mouth as before the Lord, that he was juſtly caſten out of the Church, by the Sentence of excommuniation pronounced againſt him by the Synod of Fife? and as he will anſwer upon pain of ſalvation & The from of abſolution of excommunication.damnation, to ſpeak the truth ſimply. He proteſtes and acknowledges, that he was juſtly excommunicat, and confeſſes his fault in deſerving it. Then he is asked, Why he ſought not to be relaxed from that Sentence, according to the direction to the Presbytery of Edinburgh? He excuſeth himſelve by ignorance of that part of the Act. And being accuſed. Why he detained the ſtipends of ſome Miniſters, namely, of Chirnſide? he anſwereth, he is ready to pay whatſoever he oweth by law. Why he hath no obſerved the conditions named in the Act of the Preſbytery of Edinburg, to wit, that he should have a Miniſter in his Family, and remove Tho. Tyry out of his company? He remembreth not, that he was required to have a Miniſter in his family, but now he is willing to accept any, whom the Church shall appoint; as for Tho. Tyry, he was in was in his ſervice after that time, but underſtood not that he was obliged to remove him, untill the Church did excommunicate him, and ſince that time he hath diſcharged & removed him. He is asked, Whither he knew a prieſt named Cowy? or any that was ſet on land out of that ship coming lately from Flanders? He denieth both. He is asked Whether the Jeſuit Mackwherry was in his houſe lately? He confeſſes that he was in this houſe within theſe five dayes, and came without out his knowledge, nor had he any miſſive or commiſſion unto him, and he ſtayd not above an halfhour. Laſtly the ſaid Lord confeſſeth and proteſtes in the preſence of God, whom he takes to witneſs, and the Lord Jeſus, who will judge the quick & the dead, that he profeſſeth from his heart the religion p…eſently profeſſed by the Church here preſent, whereof he hath already ſubſcribed the Articles before the Preſbytery of Edinburgh; and now acknowledgeth to be the only true & infallible religion which leadeth unto ſalvation, and wherein he intends to live and dy, and which he shall to his uttermoſt defend againſt all the enemies thereof; and as he shall anſwer to the dreadfull God, he forſakes the Romane religion as Antichriſtian and directly oppoſite to the truth of God and his true Service. And theſe things he teſtifieth by lifting up his hand, and declaring before God, that he hath no diſpenſation nor indulgence, to ſubſcribe or ſweare. Certain brethren are appointed to conferre with him at his own lodging, for the fuller tryall of his reſolution. On the ſecond day thereafter, Alex. L. Hume compeares, and humbly craves to be abſolved from the Sentence of excommunication, proteſting, that in time coming he will give proof of obedience and ſervice unto God, and maintain the truth of His religion preſently profeſſed by the Church here preſent, unto his lifes end, and howbeit ſome p. 504time he had been of a different religion, now he avoweth (ſince he hath been better informed in the Heads, wherein he differed) the Confeſſion of faith and religion preſently profeſſed by the Aſſembly; and if hereafter he shall decline from it, he ſubmits himſelfe unto the Cenſure of the Church, hoping by Gods grace, that he shall never make defection. Becauſe all theſe anſwers and profeſſions have been paſſed by word only, the Aſſembly judgeth it meet that ſome articles be written, and then ſubſcribed by him, and thirdly to conſider of his abſolution. The next day theſe Articles were propounded in write unto him; 1. That Alexander L. Hume ratify & approve the ſubſcription and oath given by him unto the Confeſſion of faith at Edinburgh December. 22. laſt, or ſubſcribe again in face of the Aſſembly, 2. That he remove and hold out of his company all Papiſts and traffickers againſt the true religion, and whatſoever perſons shall be delated unto his Lp. to be corrupt in religion: and that he shall receive and entertain within his family Archbald Oſwall as his ordinary Paſtor, and failing him, another godly Miniſter by advice of the Preſbytery of Dumbar; and that he make his family ſubject unto the word and diſciplin. 4. That he reſort unto the publick hearing of the word in all places, where he shall repair, or have his reſidence; and that he communicate, when occaſion offereth. 4. That he make all his ſervants & tennants ſubject to the diſciplin of the Church, where they remain. 5. That he repaire all the ruinous churches within the Priory of Coudingam, and provide ſufficient livings for Paſtors planted or to he planted at them, according to the Act of Parliament, and ſo of all Churches within his bounds, ſo far as law and reaſon require. 6. That he make ready payment to the Miniſters of Chirnſide, Swintoun and Fiſshak of their ſtipends, according to their aſſignations and decreets, if he be obliged thereunto by law. 7. That he concur by his counſell, credite and aſſiſtance, for maintenance of the true religion publickly profeſſed within this realm; and the maintainers thereof againſt all who within the Country or without shall come in the contrary. 8. That he neither receive maintain nor intercommone or have intelligence with the excommunicat Papiſt Lords, Jeſuites, prieſts or trafficking papiſts, nor ſolicite for them, nor shew them favor directly nor indirectly in judgement nor out of judgemen…. 9. That he neither argue, nor ſuffer any arguing to be againſt the true religion or any point thereof, in the places where he may inhibite it. 10. That he employ himſelfe carefully, to apprehend and preſent to Juſtice Alexand. Macquirrhy and whatſoever Jeſuits, Seminary-prieſt and trafficking Papiſts, that shall reſort within his bounds; and that he do nothing, which may be found by the Miniſter appointed for the tryall of his behavior, to be prejudiciall unto the true religion preſently profeſſed by the Generall aſſembly now convened; And if he shal be found to contraveen any one of the foreſaid points, in that caſe he conſent to be ſummarily excommunicate upon the notoriety of the fact. And in teſtimony of his acceptation of theſe conditions, that he ſubſcribe theſe preſents with his hand. Theſe articles being read ſeverally, he conſenteth unto, and in token of his acceptation of them all, he proteſts that he doth it ſinceerly, and ſubſcribes them; earneſtly craving, that in reſpect of his repentance & obedience, the Church would relaxe him from the Sentence of excommunication. In reſpect that Alexander L. hume hath ſo profeſſed and ſubſcribed, the Generall Church gives commiſſion unto whatſoever preſbytery, that shall underſtand of his contraveening of the ſaid conditions, To p. 505call him, and try him, in that contravention, and convict him thereof, if he shall be found guilry, and the Sentence of conviction to be directed and ſent unto the Preſbytery of Edinburgh, To whom the Church gives commiſſion to pronounce the Sentence of excommunication ſummarily againſt him. Then the action of his abſolution is committed unto David Lindſay. After exhortation unto ſincerity and conſtant walking, the ſaid Lord is asked, Whither he be ſory in his heart for the offence he had committed, and that he had deſerved the Sentence, and that he was ſeparated from the Church ſo long time? and if now he thirſteth earneſtly to be joyned thereunto, as a member of Chriſts body? and doth promiſe, as he shall anſwer unto God, to continue in time coming a conſtant profeſſor of the true religion preſently and publickly allowed by the Church of Scotland, to his lifes end? and to shew the fruits of a true Chriſtian in his life, and remove all ſcandalous perſons out of his company? He anſwereth, proteſting before God, it is his true meaning, and he intendes to shew the ſame by evident effects in time coming. The foreſaid David gives thankes unto God, and prayeth for increaſe of grace unto the penitent; then ſolemly abſolves him from the Sentence of excommunication, and in name of the Aſſembly embraces him as a member reconciled unto the Church. VI. In Seſſ. 13. Becauſe the King had conceived an offence (as was made known unto the Aſſembly by ſome) againſt John Roſs a Miniſter, The aſſembly ordaines, that the Kings Miniſters with other twelve shall conveen immediatly after the riſing at this time, in the preſent place, and enquire the matter, and handle it narrowly, and thereafter bring it before the aſſembly publickly; And ſo many of the Synod of Perth as are here preſent, are warned to attend them, when they shall be called. In Seſſ. 18. theſe brethren report their proceeding & advice in write, as followes. 1. They have found that the people departed not out of the church before the end of the doctrine, as it was reported unto his Majeſty; and that the Synod had pronounced no damnatory ſentence againſt the young man, but that they admonished him, upon ſuch cauſes and conſiderations following. 1. That he delivered that doctrine at that time, when rebells and enemies of the King were on the fields, and ſo it might ſeem unto the people, that the Church allowed Bothwells treaſonable attempts, and that the Aſſembly had placed him in that place, to alienate the mindes of the people from his Ma^s obedience. 2. In reſpect of certain ſpeaches delivered by him without a ſufficient warrand, ſo far as they could ſee or underſtand, and namely, that ſentence pronounced againſt the Houſe of Guiſe de futuro. 3. In reſpect of the hard expreſſions concerning his Majeſty, which were thought to have craved greater years and more experience. And all the brethren both of the Conference and of the Provinciall of Perth in one voice acknowledge that there is juſt cauſe of a sharper rebuke, and threatning of heavy judgements out of that text, than hath been or should have been uttered by him; and what he uttered, as he depones before God and upon his conſcience, he ſpoke it out of love, ſeeking his Ma^s ſtanding, and not of a preoccupied mind, prejudged opinion or troubled affection, but with his ſoul thirſting and ſeeking alwiſe his Ma^s honor and weel in God; And therefore approve his wholl doctrine in that point, as it hath been read and declared by himſelfe in ſuch heads, as might ſeem moſt offenſive: And as concerning the admonition of the Provinciall of Perth, and the cauſes moving them thereunto, the brethren do reverence & allowe their judgement in all things, upon conſideration, as is p. 506before expreſſed; Only concerning that ſentence of the Houſe of Guiſe de future, becauſe none of the brethren heard it, and he himſelf profeſſeth, that to his remembrance he ſpoke it not, nor had he ſuch meaning at any time; and confeſſes it a fault, if any ſuch word hath eſcaped him; The brethren think, that in that point, if he hath ſpoken ſo, he hath failed, having no juſt warrant; And being minded to ſatiſfy his Majeſty in all reſpects ſo far as poſſibly can be done with a good conſcience, after earneſt calling upon the name of God for aſſiſtance of his Spirit, and after long advicement, hath found it good, that the admonition of the Provinciall of Perth be reverenced of the ſaid Generall Aſſembly; and that the Aſſembly at this time give further admonition to John Roſs, to ſpeak at all time reverently and with ſuch wiſdom, of his Majeſty, that he alwayes may have ſo clear warrant of his ſpeaches, as may fully ſatiſfy his own conſcience before God, and have the approbation & allowance of all his godly brethren; And this admonition be extended to all young men of the Miniſtry, yea and to all the Aſſembly. This judgement of the brethren being read and conſidered, is voted by the Aſſembly, to be followed in all points. The ſaid John Ro…s is called-in, and proteſts before God, that whatſoever he ſpoke at that time, he ſpoke it not, of any reſpect to the traitors being then in the fields, but in love to his Ma^s weell and ſtanding, and ſo forth as is written above. The Moderator in name and at command of the Aſſembly admonishes him and all the Aſſembly, in the name and fear of God, that in all time coming he and they all ſpeak ſo reverently of his Majeſty that they may have ſo clear warrant of their ſpeaches, that may fully ſasiſfy their own conſciences before God, and have approbation of all the godly, and that his Majeſty have no juſt cauſe of complaint or miſlyking in time coming. This admonition this ſaid John acceptes with humble reverence. VII. In Seſſ. 17. Androw hunter is delated to have deſerted his flock, and bruited to have joyned himſelfe with the rebells of the King: wherefore the Aſſembly preſently depoſeth him from the function of the Miniſtry, ay and untill he shall ſatiſfy the King and Church, for that offence. VIII. In Seſſ. 15. the aſſembly ordaines a faſt to be keept within the preſbytery of Edinburgh and other parts, where advertiſement can be made, upon ſunday next, immediatly preceeding the Parliament; and that his Majeſty be entreated, that Exhortation may bee according to the former laudable cuſtom in the firſt day of Parliament, and a thankſgiving at the concluſion thereof, by ſome Miniſter; and alſo that the ſaid faſt be made known unto his Majeſty, and entreated that he and his houſe would keep it. It is alſo ordained, that a generall faſt be univerſally obſerved through the realm the two laſt ſundayes of July coming, becauſe, &c. IX. In Seſſ. 18. Sir Rober Melvin of Murdo-Cairny and Alexander Hume of North-Berwick in name of the King, preſent to the Aſſembly theſe their inſtructions; 1. To proteſt that his Ma^s royall priviledge ſet forth by act of Parliament be not prejudged in appointing the next aſſembly, and to that effect, that before their diſſolving at this time, they direct ſome of their number, unto his Majeſty to be reſolved by him, of the time & place of the next meeting; According to his Ma^s propoſition, and their promiſe in the laſt Aſſembly at Dundy. 2. That they will ratify and approve by Act of this preſent aſſembly their promiſe made to his Ma. in their foreſaid Aſſ. in any thing that any of the Miniſtry, had to crave or …omplain to his Majeſty in any thing, that they should do it by particular conference, and not utter publickly in pulpit any unreverent ſpeaches againſt his Ma^s perſon, Counſell or eſtate, Under the pain p. 507of deprivation; And for this cauſe, that they will preſently try and cenſure one of their number, who hath contraveened the ſaid Act, and ſpecially they will examine ſo many of their number as were preſent at the laſt Synod at Perth, and charge them upon their great oath, to declare what treaſonable and unreverent ſpeaches they heard John Roſs utter in all their audiences; and next whither they cenſured him for them thereafter, or not; and to deſire them, in his Mas name, that according to the Synodall cenſure of him; they will judge him, as he demerits on the one part. and his Ma^s modeſt behaviour ever ſince that, hath deſerved. 3. That they will excommunicat Andrew Hunter for bringing a ſcandall upon their profeſſion, as the firſt open traitor of the function againſt a Chriſtian King of theyrown religion & their naturall Soverain. 4. That by Act of their aſſembly they will ordain every particular Miniſter within their charge to diſſuade alſwell by publick as private exhortation, their flock committed to their cure, from concurring with the treaſonable attempts of Bothwell or any other traitors, that raiſeth ot shall raiſe up themſelves againſt the lawfull authority placed by God in his Ma^s perſon; And ſpecially that they shall narrowly take heed, and not ſuffer any of their flock be ſeduced under color of religion or whatſoever falſe pretext to receive wages, and becom ſouldiers for ſervice of any perſons; excep they ſee his M^s warrant thereunto, and namely of Both well, who preſently in ſundry parts of this realm hath attempted the ſame. 5. That in reſpect the time of Parliament is at hand, and the occaſion will ſuddanly ſerve for declaring his Ma^s godly and honeſt intention in perſecuting the Papiſts & excommunicate Lords both by law and other ways; therefore they will ſelect one or two Commiſſioners of the diſcreeteſt & wiſeſt of every principall Preſbytery, and give them Commiſſion to attend upon his Ma. at this time, alſweell that his Ma. may have their good advice & aſſiſtance in this good buſineſs, no leſs concerning the eſtate of religion than the eſtate of his Ma^s Crown and Countrey; and lykewiſe that his Ma. may by their means direct and inform what he would wish to be don by all the reſt of the Miniſtry, as occaſion shall from time to time preſent. The humble anſwers of the Aſſembly unto theſe articles. 1. The time and place of the next Gen. aſſembly is appointed by the advice of his Ma^s Commmiſſioners, according to the Act of Parl. to be at Montros the laſt tuyſday of Juny come a year. 2. The act made by the Gen. aſſembly at Dundy is ratified de novo; and the particulare of Jo. Roſs is reſolved, as his Ma. shall be informed more by the Commiſſioners of the Church. 3. The Aſſ. hath pronounced the ſentence of depoſition againſt An. Hunter, untill he ſatiſfy his Majeſty and the Church. 4. Every Miniſter is ſtraitly commanded to diſſuade their own flocks, alſwell by privat as publick exhortations, from concurring in the treaſonable attempts of Both well or other traitors to his Maj. &c. As in the demand. 5. A certain number is appointed to wait on his Maj. for ſatiſfying the laſt article. Againſt the Sentence of excommunication pronounced by the Synod of Fife againſt the Papiſt Lords, B. Spotword P. 396. objecteth, it was unlawfully done by them having no power. And nevertheleſs not only did the Aſſ. approve it, but the K. alſo in his fifth article calleth them the excommunicate Lords; and albeit the L. Hume was at the ſame time excommunicated, yet when he came into the Aſſ. he named not that exception, whereupon he might have had ſuch benefite as the Earle of Anguſe had found in the Aſſembly of the year 1590: he was guilty of the objected crime, and yet the Sentence was declared to be null, becauſe of informality. But an enemy is ever objecting, whither true or falſe. What p. 508he hath of the Aſſembly ſlighting the buſineſs of John Roſs and An. Hunter, is clear by what is above, In the Parliament following in Iuny the excommunicated Lords were forfeited, and Lawes were made againſt all willing hearers of Maſſe; againſt all that are or shal be excommunicated by the Church. After the Parliament, becauſe Both well had failed of his attempts by himſelf, he joyned with the Lords in the North: whereupon followed more troubles; yet ſo, that the rebells were fain to leave the Country, before February.

XXXII. The Aſſembly conveened at Montros Juny 24. James 1595. The 57. Aſſembly.Nicolſon was choſen Moderator. I. The Aſſembly declares themſelves Judges of marriages, what are lawfull, and what are unlawfull in ſo far as concerneth the ſpirituall part thereof. In Seſſ. 9. they declare two ſorts unlawfull. 1. When a perſon marryeth another, whom he had before polluted by adultery. 2. If the innocent perſon is content to remain with the nocent, and the guilty or adulterer will take another. Likewiſe marriages made by prieſts, or by them who had ſerved in the Miniſtry and are depoſed from the function, or by a private perſon: ſuch marriages are unlawfull. II. All preſbyteries are ordained to proceed againſt Papiſts within their bounds; and againſt all their receipters or entertainers, Under pain of depoſition of the Miniſter, in whoſe default the diſciplin of the Church shall not be executed; And the ſame diſciplin to be uſed againſt all that have intercommoning, intelligence or familarity with excommunicates. III. Becauſe many profeſſing the truth of the Goſpell, do abſtain for many years from participation of the Lords table, under pretence of …eud; thereby declaring how litle they eſteem that great benefite, and in very deed cut off themſelves from the communion of the Church; Therefore ordinance is given unto all preſbyteries, to charge all ſuch perſons within their boundes, to do as it becomes the members of Chriſt, And if any perſon throgh infirmity or weakneſs of conſcience shall refuſe, the Preſbytery shall by information bring them into duty, granting them ſome competent time, to reſolve themſelves: and if they continue obſtinat, to proceed againſt them to the ſentence of excommunication. IV. Sundry Seſſions were taken up wi…h adviſing upon a way and meanes of a conſtant Plat for ſetling of Miniſters ſtipends or aſſignations, which were wont to be changed yearly. V. Sir Iames Chiſsholm in humility confeſſes his offences namely, his apoſtaſy from the religion, for which he was excommunicated: he craves mercy from God: he declares that now he renounceth Antichriſt with all his errors, and reſolves by the grace of God to continue in the true religion; and he craves to be received into the boſom of the Church again. The Aſſembly appointes ſome to deal with him by conference; and others to draw up the form of his ſatiſfaction. In Seſſ. 9. he was received, and the Sentence of his abſolution was pronounced by the Moderator. VI. Some articles of inquiſition concerning the dilapidation of Benefices are preſcribed unto Preſbyteries. VII. The Kings Commiſſioners give the articles following, to be read and anſwered; 1. His Ma. craves, that an Act be made, ordaining that whoſoever shall practize any treaſonable enterprice or conſpiracy againſt his Ma^s perſon or eſtate, being found and declared culpable, by the Law, shall alſo for that incurre the Sentence of excommunication; That thereby an inſeparable union may be betwixt the two ſwords. 2. that an order be taken in excommunication; ſpecially in three points, firſt that it be not at the appetite of two or three perſons, but by a convenient number of the Church gravely aſſembled: p. 509ſecondly, that it be not for civill cauſes, or ſmall faults, ſpecially for any Miniſter's particular intereſt, leſt it be thought, they imitate the Pope's curſe, and ſo incurr the like contempt; thirdly, the form of ſummary excommunication without any citation to be abolished. 3. Becauſe M^r Craig is waiting in ſicknes, what hour it shall pleaſe God to call him, and is altogether unable to ſerve any more, and his Maj. intends to place J. Duncanſon with the Prince; and ſo hath no Miniſter but Pa. Galloway; therefore craves an ordinance granting two Miniſters whom he shall chuſe. The humble anſwers; 1. The Aſſembly grantes the firſt, Legitima cognittone Eccleſiaſtica praeeunte. 2. Concerning the firſt particular of the ſecond, the Aſſembly agrees; and the other two importing great weight, and requiring deliberation the Aſſembly thinks meet, to conclude nothing therein; untill the next Aſſemb. when by Gods grace theſe shall be determined; and in the mean while ordaineth, that none in the Miniſtry proceed to excommunicate without citation, niſi periclitetur Eccleſia. 3. It is agreed that his Maj. shall have his choiſe of godly and learned Miniſters: and to this effect ten Miniſters or any ſixe of them are directed to adviſe with his Maj. in his choiſe. VIII. In favor of the exequitours of Miniſters it is ordained, If a Miniſter dy after September. 29. quia fruges ſunt ſepara…ae à ſolo, his exequitors shall have all that years ſtipend or rent, and the half of the next. IX. Becauſe there is great cauſe of humiliation before God, whoſe anger is viſible on this Land, and is litle regarded by the moſt part, therefore the Aſſembly indictes a generall faſt and humiliation to be obſerved univerſally in all churches upon the firſt two ſundayes of Auguſt next, and the cauſes thereof to be gravely declared according to the grounds they ſee and conceive. X. It is ordained, that Preſbyteries take order within their own boundes for viſitation of Grammer Schools, and reformation of them, as occaſion shall require. And certain brethren are ordained to viſite Colledges, to examine the life and doctrine of the Maſters, the diſcipline and order there; and where they find any abuſe, to reform it ſo far as they can; and to report both what they shall do, and what abuſe they can not reform. That year was quietneſs in the countrey, excepting great troubles betwixt the Maxwells and Johnſtons in the South; and the like in the Hielands: and by windy harveſt followed great ſcarcety and dearth.

XXXIII. The King knowing that the Gen. Aſſembly was to conveen 1596.in March, ſent for Robert Bruce one of the Miniſters of Edinburgh and (as B. Spotſword hath it) hoping that by the ſway he carried in theſe meetings, ſome propoſition that tended to the reclaiming of the exiled Lords should be made by the Aſſembly, shewed, how much it concerned his eſtate, to have them called home, that the Queen of England was grown old▪ and if any after her death shall withſtand his Title, he would have need of his ſubjects aſſiſtance: and that having many Nobles exiled, he might be leſs reſpected of ſtrangers, and be a great deal weaker at home: If therefore he could wonne them to confeſſe their offence, & ſo embrace the true religion (without which they shall never get any favor from him) he believed the courſe would not be diſ-allowed by wiſe men, and theſe that loved him: and he deſireth to know his judgement: for as yet he had not shewed his mind in that matter unto any perſon. M. Bruce anſwered, he thought well of the reaſons: and that it were not amiſſe to bring home Anguſe and Arroll, if they will conform themſelves to religion: but Huntly could not be pardoned, becauſe he was ſo hated of the ſubjects. The King reaſoneth in the contrary, If Huntly be will perform what may be required p. 510of him, he ſaw no reaſon. why he should not be received alſwell as the other two: and as he could not but know, that his care of that man was great, ſeing he had married his Couſine, whom be accounted his own daughter, ſo was he the man of greateſt power, and one that could be moſt uſefull unto him: therefore he willeth, that Robert think of that matter, and after a day or two give him his advice. I have not found this communication in any other: but for the next day, that a Miniſter could ſpeak ſo ſawcily unto his Soverain, it is the more unlikly, that it comes from the penn of the adverſary both of his perſon and of the diſcipline, of which he was ſo zealous. This yeare was remarkable for two things, great The originall of variance twixt the King & Church.dearth, and the beginning of the diviſion betwixt the King and the Church. The ſcarcety and dearth preſently feelt, and the feare of enterprices by the Papiſt Lords, was apprehended by the aſſembly, as tokens of Gods wrath: and therefore they took ſuch courſe, as followes. The King was not pleaſed with the courſe: and therefore he would have a change of that diſcipline. The Aſſembly conveenes at Edinburgh March 22. year 1576. Robert Pont is choſen Moderator. I. In Seſſ. 4. the King is preſent, and the Moderator declares unto him the two heads of which they had The 58. Aſſembly.been treating, and how they had proceeded, to wit, firſt the ſubſtantiall wayes and means, how to reſiſt the enemy. This was recited by the Lord Kinloſs in name of that number of Noble and Gentle men, which were deputed to conſult thereupon. The other was the purging of the Church from enormities. Becauſe the firſt was not as yet throughly weighed, the Aſſembly thought expedient, that the deputed Barons should further adviſe of it in the afternoon, and report their advice unto the Aſſembly in writ. The King anſwereth, Albeit there was no great cauſe to fear any ſuch invaſion at that time, yet they shall do well to give their advice, as if the danger were at hand, and it might ſerve, when neceſſity shall require. And he propoundeth a lamentable diſorder and inconvenient by the yearly alteration of Miniſters aſſignations by the Plat; and he is deſirous of a more conſtant courſe. In Seſſ. 5. The Barons give their Overtures for reſiſting the enemies of Religion and Countrey, both forrein and inteſtine. 1. All which have appeared in action with the forfeited rebells, and all their known favorers may be charged to enter in ward, and continue there, untill they shall finde ſufficient caution, that they shall not medle nor entertain intelligence with theſe rebells nor any other enemies of the realm or religion, nor shall joyn with them, nor give them any aſſiſtance. if they repair into the Countrey: and that they give their eldeſt ſones or neareſt friends as pledges of their ſure obſervance. 2, That all the revenues of the rebells be taken up exactly by his Ma^s officers, and be employd for the entertaining of ſouldiers for defence againſt the enemies, and for other charges neceſſary unto the advancement of the good Cauſe: As an effectuall means to encourage them all, who are affection at unto the good cauſe, and to procure their heartly concurrence to their uttermoſt. 3. That there be choſen in every parish by his Ma^s authority, and vote of the Seſſion and chiefmen of every parish, Captaines, who are known to be moſt meet and of beſt affection, to conveen all the parishonars monthly in muſters, and to ſee, that they be ſufficiently armed according to their ability, and trained up in the exerciſe of their arms; And that there be choſen Generall Commanders in Shyres and ſeverall quarters of the Country, to conveen in arms at all occaſions needfull. 3. That a ſubſtantious order be provided for bringing home a ſufficient p. 511number of weapons, and that the ſame may be bought and received from the merchants with all expedition. 4. That all the cautioners which are bond for the good behavior of theſe rebells without the Countrey, be charged before the Counſell, and convicted in the penalties contained in the acts of cautionry: and that theſe penalties be employd upon the relieff of burdens neceſſary for the weell of the Cauſe. II. It was conſulted betwixt the aſſembly and the Counſell of Edinburgh for diviſion of the town into moe parishes, and of dividing the great church into two, and of building moe churches. III. Becauſe Nidſdeall, Annandeall, Galloway are deſtitut of Miniſters, the Kings Commiſſioners propound that the Aſſembly would appoint ſome qualified men, for the Miniſtry there, as the King will provide for their living and indemnity. IV. Concerning The Aſſembly ſearches into the vices of the Lande; firſt in the Miniſtry.the defection in the Miniſtry, the advice of ſome deputes, and their overtures were read, and the Miniſters conſenting thereunto, they were concluded: and becauſe by Gods grace. they intend a Reformation, and to ſee the Church and firſt the Miniſtry purged, therefore and that the work may have the better ſucceſs, they judge it neceſſary, that this Aſſembly be humbled for the want of ſuch caire as it became them in theſe points, that are named or marked; and that ſome zealous brother lay them out in a Sermon, for the better humiliation; and that all make ſolemn promiſe before tbe Majeſty of God, and renew their Covenant with him, for a more diligent and reverent diſcharge of their Miniſtry. To this effect John Davidſon was choſen, and thuyſday next in the morning appointed in the new church for that effect: whereunto all Miniſters that are preſent in the town shall reſort; and the manner to be reſolved to morrow in the Privy Conference. The tenor of the advice concerning the corruptions in the Miniſtry, and remedies thereof followes. 1. Becauſe by too ſuddain admiſſion and ſlight tryall of Intrants, it comes, that many ſcandalls fall out in Miniſters; it would be ordained, that in time coming more diligent inquiſition and tryall be uſed of all, that shall enter into the Miniſtry, eſpecially, that the Intrant shal be poſed upon his conſcience in a moſt grave manner before the great God, what moveth him, to accept the office and charge of the Miniſtry. 2. That it be inquired, whither by any ſolicitation or moyan directly or indirectly he hath ſought to enter into that office; and if that shall be found, the Preſbytery should repell all them of their number from voting in the election and admiſſion, who shall be tryed to deall for the ſoliciter and give their oath to declair the truth in that matter. 3. Becauſe by preſentations many are forceably thruſt into the Miniſtry and upon Congregations, who thereafter shew, that they were not called by God; it would be provided that none ſeek preſentations to Benefices without advice of the Preſbytery; and if any shall do in the contrary, they shall be repelled as Rei ambitus. 4. That the tryall of perſons to be admitted into the Miniſtry, conſiſt not only in their learning and ability to preach, but likewiſe in conſcience and feeling and ſpirituall wiſdom, namely, in the knowledge of the bounds of their calling in doctrin and diſciplin, and wiſdom to behave himſelfe accordingly with the diverſe ranks of perſons within his charge, as with Atheiſts, rebellious, weak conſciences, and ſuch others: (in theſe the paſtorall charge lyeth much) and that he be able to ſtop the mouths of adverſaries; And who are not found qualified in theſe points, should be delayd untill further tryall, or be more qualified; And becauſe men may be found meet for ſome places: which are not meet for another, It should be conſidered, p. 512that the principall places of the realm be provided with men of beſt gifts, wiſdom and experience: And that none take the charge of greater number of people, than they are able to diſcharge. 5. Who are not given to their book or Study of Scriptures, not carefull to have books, not given to ſanctification and prayer: who ſtudy not to be powerfull and ſpirituall, not applying doctrin to preſent corruptions (which is a chief paſtorall gift,) obſcure or too Scholaſtick before the people, cold and wanting zeal, negligent in viſiting the ſick and …aring for the poore, or indiſcreet in chuſing parts of the word not fitteſt for the flock, flatterers, and diſſembling ſines; eſpecially of great perſons in their congregations for flattery or fear: all ſuch perſons should be cenſured according to the degrees of their faults: and if they continue, should be deprived. 6. If any be found to ſell the ſacraments, or collud with ſcandalous perſons, by diſpenſing with them for money, should be depoſed ſimpliciter. 7. Every Miniſter should be charged to have a Seſſion eſtablished of the fitteſt men of his congregation: and that diſciplin ſtrick not only againſt groſs ſins, as whoordom, bloodshed, &c. but againſt all repugning to the word of God, as blaſphemy, banning or ſwearing, profanation of the Lords day, diſobedience to parents, idle and unruly without a calling, drunkards, and ſuch deboshednes. and all that make not conſcience of their converſation, ruling their families, eſpecially in education of their children, ſlanderers, backbiters, flatterers, breakers of promiſe; And this should be an univerſall order throghout the realm; and who are negligent, and continue therein should be depoſed. 8. none falling into open ſcandalls should be received into the fellowship of the Church, unleſs his Min. have an appearing warrant in conſcience, that he hath a feeling of ſin, and apprehenſion of mercy: and to this end the Miniſter should deall with him by private information, eſpecially in the doctrin of repentance: if this be neglected, publick repentance is turned into mocking. 9. Dilapidation of Benefices dimitting them for favor or money, that they becom as laick patronages, without advice of the Church; and interchanging of Benefices by tranſaction, and tranſporting themſelves without knowledge of the Church; should be punished preciſely; as alſo the ſetting of tacks without conſent of the Aſſembly, should be punished according to Acts of the Church. Follow corruptions in their perſons and lifes. 1. Who are wanton and light in behavior, as in gorgeous or light apparell, in ſpeach, uſing light & profain company, unlawfull games, as dauncing, cardes, dice and the like not beſeeming the gravity of a Paſtor, should be gravely & sharply rebuked by the Presbytery, and continuing therein after due admonition should be deprived, as ſcandalous to the goſpell. 2. If Miniſters be found ſwearers, profaners of the Lords day, drunkards, fighters, guilty of any of theſe should be depoſed ſimpliciter: and liars, detracters, flatterers, breakers of promiſes, brawlers and quarellers, after admonition continuing, should incurr the ſame punishment. 3. Miniſter uſing unlawfull or incompetent trades for filthy gain, as hoſtlers, uſurers, bearing wordly offices in Noble or Gentlemen's houſes, merchandice, buying victuall and keeping it to dearth, and all wordly occupations that may diſtract them from their charge, or may be ſcandalous in a Paſtor, should be brought to the feeling of ſuch ſins, and if they continue in them should be depoſed. 4. Not-reſidents should be depoſed, or the fault to be layd on the Presbyteries, and they should be conſured for it, and the Aſſembly should command that no Miniſters wait on the Court and p. 513affaires thereof, without the allowance of their Preſbytery. 5. No Miniſter should intend action of law without the foreſaid advice, eſpecially in ſmall matters; and for remedies of the neceſſity whereby ſome are compelled to enter into plea of law, it would be petitioned, that short proceſs be uſed in Miniſters actions. 6. Miniſters should have ſpeciall care in uſing godly exerciſes in their families teaching their wife, children and ſervants, uſing prayers ordinarily, reading the Scriptures, removing ſcandalous perſons out of their families, and in other points of godly converſation; and Preſbyteries in viſitation should try Miniſters and their families in theſe particulares; and if they be negligent, they should be judged unfit to rule the houſe of God. 7. Miniſters should ſtrive to be ſpirituall and profitable in all companies, and talk of things appertaining to godlineſs, to wit, which may ſtrengthen themſelves and others in our Chriſtian calling; of the means, how to have Chriſts Kingdom eſtablished in our congregations, and to know how the goſpell flourishes in our flocks; and of the hinderances and remedies that wee find or know: herein are manifold corruptions and the contraveeners should be …ſpied and sharply rebuked. 8. No Miniſter should countenance nor aſſiſt a publick offender challenged by his own Miniſter for a known offence, as if his own were too ſeveer, Undet pain of admonition and rebuke, In Seſſ. 12. As the brethren have conveened this day in great humiliation acknowledging their ſins, and have entred into Covenant with God a new, proteſting to walk more warily in their waies, and a great part of the Miniſtry is not here preſent, therefore the Aſſembly commandeth that in all Provinciall Synodes the like humiliation be obſerved, and the like proteſtation, and ſo many as shall not be at the Synods, shall be required to do the like in their Preſbytery. V. In Seſſ. 13. three Miniſters were ſent to conferre Next in the King & Queen.with the King and Queens Majeſties upon theſe articles following. 1. As ſtrangers and good ſubjects repairing to Court have been conforted, to ſee Chriſtian religion religiouſly exerciſed, ſo now they are ſomewhat troubled, when they ſee the exerciſe of reading the word at table, and the reverent ſaying of grace before and after meat, omitted. 2. On the week dayes repairing to hear the Sermon is more rare than before; and that the King wold forbear to ſpeak with others in time of Sermon. 3. To recommend unto his Ma. privy meditations with God and conſcience. 4. His Ma. is blotted with ſwearing, and the Courteours are moved to do ſo commonly by his ill example. 5. His Ma. would be pleaſed to have ſuch company about himſelf as himſelf is and according to his own profeſſion: this is to be prudently recommended unto his Ma. that he would put it in practiſe, and remove murderers, papiſts and all profain perſons. 6. The Queens Ma. is to be informed, eſpecially concerning her company, her not repairing to preachings and ſacrament, and concerning her gentle women. 7. Becauſe it is lamented by the Brethren of the North, that gentle men and burgeſſes are ſpeaking of leaving their houſes and that part of the Countrey for fear of the enemies, and ſeeing their in…olency unrepreſſed by returning of their wifes, and by providing of their houſes & caſtles for their own home-coming, againſt which it is greatly murmured in all the Countrey; For remedy, it is to be craved, that the Ladies of Huntly & Arroll be brought back and placed in Santand, and the Lord Gordon be put to the Schoole there; and their friends to be confined in the South, as, Cluny, Giecht, Aberyeldy, Cowbairdy, Bonitoun younger, Craig younger, Alexander hay of Achmader, Alex. Leſly of Piell, Jo Gordon p. 512duplicate page p. 513duplicate page p. 514of Newtoun to be apprehended, Towy-barclay, Patrick con; And it were good that ſome were directed into the North as commiſſioners for the good of religion. VI. The common corruption of all Eſtates within the realm; Thirdly in all Eſtates generally.1. An univerſall coldneſs and decay of zeall in Eſtates, joyned with ignorance, and contempt of the word, Miniſtry and Sacraments; and where no knowledge is, can be no ſenſe or feeling: which appeares moſt manifeſtly, that they have not religious exhrciſe in their families, as prayer and reading of the word; and where it is, it is but abuſed by the cooks, ſtewarts and other attendants; and the Maſters of families are ashamed to uſe theſe exerciſes of godlineſs in their own perſons; and no conference is at their tables, but of profain, wanton or worldly matters▪ 2. Superſtition and idolaty is entertained, as is manifeſt by keeping feſtivall days, bonefyre, pilgrimages, ſinging of carols at ſuch and ſuch days. 3. Great abuſe of the name of God with horrible curſing uſed by all eſtates in all their ſpeaches. 4. Profanation of the Lords day, ſpecially in Seed time & harveſt, and by common journying on that day, and tryſting about earthly buſineſs, exercizing all ſort of wanton games, keeping of markets, dauncing, open drinking and the like. 5. Small reverence and obedience of inferiors unto their ſuperiors, and litle care of Superiors in diſcharging their duty to inferiors, as children plead in law againſt their parents, and many of them do marry againſt their fathers will; and parents have litle care of their education in godlineſs. 6. A flood of bloodsheds and deadly feuds ariſing thereupon, and univerſall maintaining of bloodshed for eluding the law. 7. Adulteries, fornications, inceſts, unlawfull marriages and divorcements allowed by Judges under color of law, and children begotten in ſuch marriages declared to be lawfull, exceſſive tipling and carowſing: theſe (no doubt) are the cauſes of this dearth and famine; ſo, gorgeous and vain apparell, filthy and bawdy ſpeaches. 8. Sacriledge in all Eſtates without any conſcience, growing continually more, to the undoing of the Church and ſtaying the plating of the goſpell. 9. Cruell oppreſſion of the poor tennents, whereby all the commones of the Countrey are wrecked, by extream dear ſetting of lands, and holding forth their corne be untimous tything, and extreme thraldom in ſervices. 10. Oppreſſion under pretext of law by uſury and contracts againſt law, foreſtalling of markets, albeit regrated by gentle men, burgeſſes & commons; whereby prices of victuall are marvelouſly raiſed to the great hurt of the poor, and keeping up of corn or holding it from the markets, and not threſshing it in due time. 11. A great number of idle perſons without a lawfull calling as pypars, fidlers, ſongſters, ſcorners, pleaſants, ſtrongbeggras living in harlotry, and having children without baptiſm, and never reparing to the publick ſervice of God. VII. Offences in Courts or judgement-ſeats. 1. Univerſall Fourtly in Courts or judgemēt.neglect of juſtice both in civill & criminall cauſes, as, granting remiſſions or reſpit-for blood, and inceſts; no execution of good lawes made againſt vices or in favor of the Church; and in civill matters the Judges (in a great part) unfitt either for want of knowledge, or conſcience, or both, and when an office vaikes, the worſt men advanced both in higher and inferior roomes. 2. No execution of lawes againſt the adherents unto the detected enemies, nor againſt the enemies themſelves, nor employing of their revenues to the uſe of reſiſting enemies, but the enemies are rather helped in their eſtate than hurt. 3. Theodious murder at Dunnibriſſell. 4. In Parliament, ſacrilegious perſons, as Abbots, Priors and titular Biſhops voting in name of the Church, contrary to the law of the Country, and p. 515by whom the law of the Church is damnified. 5. The Seſſion is charged with buying of juſtice & bribry, as is evident by their extraordinary and ſuddan conqueſts. VIII. Grievances to be humbly meaned unto his Maconcerning Grievances propounded unto the King.the chieff offenſes in the Eſtates of the Country, that by his Majeſties counſell and authority ſufficient remedy may be provided in time. 1. It is humbly meaned, that, to the great hazard of religion, and peace of the Countrey and grief of all good men, the forfaited rebells and enemies of his Majeſties eſtate do enjoy their lands and livings als peaceably and to their greater advantage, than if they were at his Majeſties peace within the Countrey; and their confederats & friends, partakers and aſſiſters with them in their treaſonous attempts, are ſuffered in ſo great liberty, never ſo much as entring their perſons into warde, nor giving ſurety nor pledges for their good and dutifull behaviour and obedience unto his Majeſty, if theſe rebells or any other forrain enemies shall repair into the Countrey, and diſquiet it; As if they had exemption and immunity from all lawes, to confirm themſelves, to ſtrengthen the hand of the enemies, when they shall arrive; As appeares, their intention is, by their preparation, force and armour, and leagues of friendship, which they are dayly binding up. 2. Many Jeſuites and excommunicat Papiſts are keept within the Country, detaining ſuch as they have perverted, in their errors, and ſeducing others into the ſame corruption, and holding them in hope of the Papiſt Lords, with aſſiſtance of ſtrangers; ſuch are, Robert Abercromy, Alex. Macquhirry, the Abbot of New-abbay, John Gordon of Newton, Pat. Con, Alexander Leſly of Piell, young Bonitoun, Alexander Ramſay and many others. 3. In many places people are altogether ignorant of their ſalvation, and that for want of Paſtors and maintenance; nor know they their duty unto God, or their King; and ſo the Land is overflowed with atheiſm and all kind of vice: There be 400 Pariſ-churches deſtitute of the Miniſtry of the word, beſids the Churches of Argile and the Iſles 4. It is univerſally lamented by his Majeſties ſubjects, that by delaying, perverting and eluding of juſtice, murders, oppreſſion, inceſts, adulteries and all kind of hainous crimes abound. 5. It is heavily lamented, that the Miniſters, who have obtained ſome ſmall proviſion by aſſignation in An. 1595. are fruſtrated by the Lords of Seſſion refuſing to decide the ſuſpenſions, according to the Act of February 1587 year. The overtures for remedy were adioyned, as they are related before in Seſſ. 5. IX. In Seſſ. 10. John Preſton and Edward Bruce Commendator of Kinloſs Commiſſioners from his Ma. do give-in theſe articles, or inſtructions. 1. Yee shall shew unto the Aſſembly our good will to have al the Churches of Scotland planted with Miniſters and ſufficient livings, to the great hurt of our own revenue and that portion of the thirds, which was aſſigned to our houſe, and our Counptrollars in poſſeſſion thereof: but finding that all the thirds is not ſufficient to plant all the Churches, nor is it commodious for Miniſters to ſerve in one, place and have their livings in another far diſtant from their cure; Therefore we have thought good, to ſet forward an order for locall ſtipends, founded on this ground, that all the churches of Scotland shall have Miniſters, and all Miniſters shall have ſtipends within their own parishon, of ſuch value as by our authority on the one part, and by concurrance and procurement of the Church on the other, may be obtained from the tacks-men of tyths and preſent poſſeſſors of them: for which effect wee have cauſed an Act of Parliament to be made in the year 1592. granting Commiſſion to certain Noble men, Counſellers, Officers, p. 516and Miniſters on the one and other parts, To treat of and proſecute this matter; and alſo have given command particularly to certain of our Lords of Checker, to help by their advice and labors, to bring this matter unto ſome perfection: wherein, as wee underſtand, ſome thing is done as part of the brethren can teſtify; As wee continuing in our good mind, to have in our time the Church ſetled with livings, and not entangled yearly with proceſs, and to have all our churches planted within the realm; By theſe preſents offer and promitt unto the Aſſembly, to cauſe our Commiſſioners, Counſellers and Officers, to conveen preſently before the expiring of this Aſſembly, with the ſaids Commiſſioners from the Church, to begin this good purpoſe, and to lay the ground, and to ſet down the order time and place of conveening, to proſecute the ſame unto the end, conform to the Act of Parliament, So that if any ſtay shall bee, it shall be on the Church's part, as oft before, and not on our part. 2. Yee shall shew them, that it is a ſtay of this good work, that by ſome of their preachings the people are made to underſtand, that wee and our Counſell would ſtay the planting of churches, and take away the livings poſſeſſed by Miniſters albeit the contrary is true, that wee and our Counſell are moſt willing, that the churches be wholly planted, and the proviſion of Miniſters be augmented, ſo far as lawfully may be obtained, with conſent of our Nobility and other tacks-men of tyths, whoſe rights without order of law wee can not empare: and therefore this form of preaching diſcourageth our good Counſellers moſt willing of the work, and is an heavy ſlander upon the Miniſters, wherein yee shall crave order be taken, and the like be not done in time coming. 3. Yee shall deſire thoſe your inſtructioes in our name to be regiſtred in the books of the Aſſembly as a perpetuall teſtimony of our good will; and alſo, that anſwers be given particularly by a generall vote of the wholl Aſſ. and no way to be referred to a privat Conference; and the anſwers ſo voted to each particulare head, to be regiſtred in like manner; and the extract of all theſe articles and the anſwers to be delivered unto you, and to be reported unto us. Sic ſubſcribitur, James R. In Seſſ. 13. with the above named overtures, theſe petitions were ſent unto the King; 1. That his Maj. would proſecute his good purpoſe and intention, declared concerning the planting of all the churches with qualified Miniſters and ſufficient proviſions for their entertainment; And for that effect, that he would give commiſſion to the Viſitors named by the Aſſe…bly, to take inquiſition of all churches within the boundes of their viſitation and to deal in his Majeſties name with the tacks-men & poſſeſſors of the tiths, for ſufficient proviſion unto the Miniſters out of the every parish, and to report their diligence unto his Majeſties Commiſſioners appointed for the work of the Plat; and to provide for the charges of the Viſitors in that journy. 2. That his Majeſty would be pleaſed, to take order ſubſtantiouſly by advice of his Counſell and Eſtates; how the Principall Judgementſeats, and other inferior Judicatories may be purged of unqualified and corrupt perſons, and filled with others, meet to diſcharge that Calling faithfully, for the comfort of his Majeſties peaceable and well diſpoſed ſubjects. 3. That his Majeſty would command and ordain the Lords of Seſſion; to adminiſtrat juſtice unto the Miniſters, who have obtained a ſmall augmentation of their ſtipends or new proviſion by the Modefiers in the year 1595. and according to the Act of Febru. in the year 1587. as they are bound by their ſolem oath and promiſe, Seing the extraordinary dearth urgeth them with ſo great neceſſity, that unleſs his Maj. have conſideration p. 517of their eſtate, they and their families are driven to extream poverty and want. X. Articles propounded by the Commiſſioners of the conſtant Plat, to be adviſed by the Aſſembly, and paſſed in Acts; 1. It is thought requiſit, that the Aſſembly would ordain, that the Moderators of each Preſbytery should give preſentations jure devoluto of all Benefices of cure, belonging to Laick patrons that have not preſented qualified perſons within ſixe months after the deceaſe of the laſt poſſeſſor, and alſo of theſe Benefices, which heerafter shall vaik, if theſe patrons neglect to preſent within ſixe months, Under the pain of deprivation; And if there be not actuall Miniſters preſently at the ſaid churches, that the ſaid Moderators deal effectuouſly with other qualified perſons, to accept preſentations, and to proſecute the ſame by law. 2. That all Beneficed perſons here preſent be moved preſenly to interdite themſelves from all ſetting and diſponing any part of their Benefice to whatſoever perſons, without the ſpeciall allowance of the Generall Aſſembly; and the interdiction to be ſubſcribed by them; and others which are abſent, be urged by their preſbytery to do the like immediatly after this aſſembly. 3. Becauſe churches in many places ſuſtain great hurt throgh want of qualified Miniſters inſtructed in the Schools of Divinity, therefore it is craved, that an Act be made, ordaining every Provinciall aſſembly to furnish all ſufficient entertainment unto a Student in the New colledge of Santandr. this 1596. year, and ſo forth yearly in all time coming; and that every Provinciall aſſembly shall have the priviledge, to preſent their Student ſo oft as the ſaid place shall vaik; and if any Miniſter within the Province have a ſon of meet gifts, that he be preferred to all others; And after the expiring of his courſe in the ſtudy of Theology, that he be bound to employ his travells within the Province, to the which his gifts may be anſwerable; and that it be not leeſom unto the ſaid Student to employ his travells in any other place, but by the ſpeciall advice and conſent of that Province. 4. Seing the neceſſity of the common affaires of the Churches craveth that there bee a continuall attendance at Court both for the furtherance of the preſent work in hand for planting the churches, as alſo in reſpect of the continuall diligence of the enemy waiting all occaſions, ſpecially when they find any ſlackneſs upon the part of the Church, in the diſcovery and reſiſting the enterpriſes of the ſaid enemies; Therefore it is craved, that a care and burden of the common cauſe be layd on ſome brethren, by the Gen. aſſembly, either of them who are reſidents here about Court or ſome others to be appointed out of ſundry parts of the Countrey; becauſe otherwiſe none find themſelves bound in conſcience to have any care heerof, or to take paines heerin. The aſſembly accordeth unto all four, but ordain the third to be firſt moved in the Synodes.

XXXIV. Here I adde what is written in The Hiſtoricall Narration, at the title, The firſt courſe of epiſcopacy; and firſt of the occaſions of altering the Eccleſiaſticall Government. The beauty of this Church both for purity of doctrin and order of diſciplin was becom admirable to the beſt Rrformed Churches: The Aſſemblies of the believers were never more glorious and confortable; the parochiall and Claſſicall elderships, the Provinciall and Nationall Synods never in greater authority than in the beginning of the year 1596. For when the apoſtat Earles traffickers with the King of Spain were excommunicat, and at procurement of the church at home and of the Queen of England, were for their unnaturall conſpiracy forfeited and expelled out of the Countrey; their chief care was to was to p. 518ſearch out the ſins of the Land, corruptions and abuſes in whatſoever eſtate, Calling or Judicatory, that they might be repented-of and amended; and to advert unto the ſavety and preſervation of religion and liberties of the Church: which at that time required oppoſition to the reentry and reſtoring of theſe Earles. Whereupon in this Aſſembly the corruptions and enormities found in Miniſters, their calling and converſations, as alſo the offenſes of others without any partiality were conſidered [as is above written.] On thuyſday March 30. they had that humiliation, wherein were preſent 400. perſons, Miniſters, Commiſſioners and others profeſſors: within one hour they looked with another countenance, then that wherewith they entred, being moved at the Exhortation: ſuch ſighes and groanes were not heard at any other faſt ſince the Reformation for any imminent danger; and teares were shed ſuch inabundance, that the place might juſtly been called Bochim. They teſtified their new entring into leagve with God by holding-up their hands............Their next care was, to …dvert, that the Church were not endangered by any enemy [as is written before.] Commiſſion was given unto ſome btethren, to aſſemble as they shall find urgent occaſion, To conſult, reaſon and adviſe upon, and propound articles unto the King for preventing all dangers, which in all liklyhood might befall the eſtate of religion [It is clear before, that this The beginning of the variance next the K. and Church.courſe was motioned firſt by the Lords of the Plat: and (as followes) was ill taken by Courtiers] The Devill envying the happineſs and laudadle proceedings of our Church, ſtirreth up Papiſts and Politicianes to diſturb her peace, and to deface her beauty. The Pipiſts ſaw, there was no peace for them in Scotland, if that power of the Church shall continue. Politicians feared, that their craft and trade (which is to uſe indifferently all ſorts of men and means, to attain their own ends, and to ſet up themſelves in the thron of Chriſt) should be undone......Huntly returnes ſecretly in Juny, whereof the King was advertiſed in July: at the entreaty of his Lady, the King calleth a Convention of the Nobility, (ſpecially ſuch as favored the exiled Lords) at Falkland in Auguſt. Offer was made in his name, and it was concluded, that he shall return and remain in the Country upon the performance of ſuch conditions, as his Majeſty propound to be performed by him; Notwithſtanding, that Miniſters An. Melvin, Ja. Nicolſon, Pa. The firſt debate.Galloway, Da. Lindſay and other Miniſters proteſted in the contrary, in reſpect it could not ſtand with the Kings honor, to hearken unto any conditions, till firſt it were manifeſt, that he is not in the Countrey, as they do alledge, who ſute for him; nor could it ſtand with the aſſurance of religion, and peace of the Countrey, in reſpect, his apoſtaſy (which was the ground of his excommunication) or his conſpiracy with the Spaniard (the ground of his forfeitry) were not confeſſed offences by him. Another Convention was held at Dunfernlin in Septenber, where the conditions were agreed upon: which were tendred unto him without conſent of the Miniſtry. Arroll returnes in the ſame month. Their friends and abbettors vanted, that they had obtained his Majeſties protection and peace paſſed and ſubſcribed in Counſell, and that they hoped aſſuredly for advancement to Offices, charge of guards, and Lieutenent…ies, as they had before. Some Commiſſioners of the Generall aſſembly and ſome other Miniſters The next debate.conveening at Couper directed ſome of their number unto the King at Falkland, namely, An. Melvin, Ja. Melvin, Ia. Nicolſon and Pa. Galloway, to crave, that the dangerous enterpriſes of the enemies might be prevented. The King ſeemed to be offended at their meeting, and commiſſion. p. 519And. Melvin anſwered with great liberty; Sir, there are two Kings and two kingdoms in Scotland: Chriſt is a King, and the Church his kingdom: you are a ſubject unto Chriſt, and a member of his Church, and neither Head nor King: the ſpirituall office-bearers, to whom He hath committed the Goverment of his church, have power and warrant to conveen, which you ought not to controll nor diſcharge, but rath to aſſiſt: Sir, when you were in your ſwadling cloaths, Chriſt reigned freely in this Land in deſpite of the enemies; the office-bearers had their meetings, and their meetings have been ſteadeable unto your Maj. when the enemies were ſeeking your deſtruction; and now when ſuch neceſſity urgeth them, you will find fault with their conveening. The wiſdom of your Counſell (which is pernicious) is this; Becauſe Miniſters and Proteſtants in Scotland are too ſtrong, and controle the King, they muſt be weakned and brought low by ſtirring a party againſt them, and when the King is indifferent to both, both shall fly to him, and ſo he shall be ſerved, grow in grandure, and attain his purpoſe: But this wiſdom may prove foly, and in ſerving both, you shall loſe the hearts of both. The King ſetleth a litle, and dimits them pleaſantly, promiſing, that albeit the Convention had licenced them to make their offers, they shall not be licenſed, untill they be out of the Countrey again, and whatſoever they offer, they shall find no favor at his hand, till they have ſatisfied the Church. Nevertheleſs they were permitted to remain, and travell by their friends for reconciliation. The Commiſſioners of the Generall Aſſembly and Commiſſioners from ſundry Synodes meet at Edinb. Octob. 23. as was appointed at Couper. It was thought expedient, that ſome commiſſioners be appointed for every quarter of the country; and one of every quarter shall abide at Edinburgh monethly by turns, to communicate the advertiſements, that shall be directed from diverſe parts, and to conſult upon the moſt expedients in every caſe. Robert Bruce, Robert Pont, David Lindſay, Jac. Balfour, Pat. Galloway and Wal. Balcanquell Miniſters within the Preſbytery of Edinbugh were appointed to conveen always with them. From this conveention were ſent unto the Preſbyteries informations of the dangers ariſing from the forfeited Earles; and for remedy the Miniſters were deſired to make profeſſors ſenſible of the danger, to keep a publick humiliation the firſt ſunday of December to urge an univerſall amendement in all eſtates, beginning at themſelves, to intimate ſolemly in all the churches the excommunication of the Apoſtate Earles, to proceed with the cenſure of the Church againſt them, who entertain any ſociety with them, or take any dealing for them, quia periditatur ſalus Eccleſiae & Reipublicae. November 9. theſe who conveen, ſent Da. Lindſay, Pa. Gallowav, Ja. Nicolſon and Ia. Melvin The third debate.unto the King, to crave in all humility, that he would shew, what moved him take ſo hardly with the Miniſtry; to offer all ſatiſfaction, and to propound their grievances. November. 11. they report to the brethren the Kings anſwers, There can be no agriement betwixt him and the Miniſtry, till the marches of their Iuriſdiction wer rid; they should not ſpeak in pulpit of the affaires of State and Counſell, the Generall aſſembly should not conveen but by his authority and ſpeciall command; Synods, preſbyries and particular Seſſions should not medle with cauſes whereupon his lawes ſtrick, but fornication and the like ſcandalls; and he will be ſatiſfied in theſe and ſuch other heads. As for their grievances, his anſwer was; he had granted nothing to the excommunicate Earls, but what his Counſell and Eſtates thought needfull for the peace of the realm, and upon condition, p. 520that they ſatisfy the Church; The Lady Huntly, who was come to the baptiſme of his Daughter, is a good diſcreet Lady, as Papiſts may be honeſt folks, and his Mother was a Papiſt, and yet an honeſt Woman; The Lady Livinſton shall ſatisfy the Church, or els, she shall not come neer his Daughter: but he could not refuſe to concredite her unto the Lord Livinſton; And they reported, that they had replied, The free rebuke of ſin without reſpect of perſons was warranted by Gods Word; Miniſters ſpeak alway with reverence of his Majeſty, but can not ſpare the enemies of truth, nor comport with any favorable dealing shewd towards them; The diſcipline of the Church was eſtablished (after many conferences) upon evident grounds of Gods Word, by his Majeſties lawes and Acts of Parliament, and uſe and practiſe following; His Majeſty had not done well, in granting any favor to the forfeited Earls, till they had been out of the Countrey; and all that the favor shewd unto Papiſts moveth good men to ſuſpect his Majeſty; eſpecially if the Lady Huntly come to the baptiſm, pulpits would ſound againſt it; and the committing of his Daughter unto the Lady Livinſton's cuſtody will be thought a ſpeciall pledge of his favor unto Papiſts. When the brethren heard this report, they perceived clearly, that the ruine of the liberty of Chriſts Kingdom was intended, and ſeing the King had uttered his mind ſo plainly, they thought meet, to advertiſe the Presbyteries, and exhort the brethren to ſtudy diligently the grounds of diſciplin, and that they argue not upon articles, which are to be ſent unto them from the King, till their Commiſſioners be adviſed: For they feared to call into queſtion, the determined and undoubted diſciplin of Chriſts Church. Here yee may ſee, the alteration of diſcipline was intended before December; and I have heard [ſaith David Black.he there] that the King had a role of Miniſters, whom he purpoſed to preferre unto Bishopricks before December 17. The ſame elleventh day of November they were enformed certanly, that David Black Miniſter at Santand. was to be charged to compear before the King and his Counſell, for ſome words ſpoken in a Sermon in October. The next day the foreſaid Miniſters were ſent again unto the King to underſtand, what were his doutbs & A fourth debate.queſtions he had to propound, concerning the marches and calling of the Miniſtry, and to advertiſe his Majeſty how it is taken hardly, that Miniſters of Gods word be vexed and charged for calumnies and triffling delations, when the enemies of Gods truth are favored and over ſeen. They reported on November 15. that they had received no good anſwer, becauſe his own Miniſter Pa. Galloway had ſaid unto him in a private conference, The Church gote fair words and promiſes without effect, but the enemies gote the good deeds. Nevertheleſs the ſame brethren (excepting Patrick) were directed again, to inſiſt earneſtly upon this point, that order be taken with the common enemy, ere any controverſie be intended againſt the Church or any Miniſter; otherwiſe, to let him underſtand, that all the world will ſay, Nothing was intended, but benefite to the enemies, and trouble unto the Church. The King anſwered, He had thought much of that matter: only let David Black compear, and if he be innocent, purge himſelf in judgement, but take heed, that he decline not my judicatury: For if he do ſo, it will be worſe. The brethren A Declinature from the Counſell.conveennig on the 17 day, perceive that the Kings and the Counſell's aim was by this preparative, to draw Miniſters doctrine under their cenſure & controlment; And remembring that ſome decllnatures of this nature given-in by ſome brethren before, were forgoten or denied, p. 521becauſe they were only verball, do reſolve upon a declinature in write, and fortify it by good reaſons, and to be ſubſcribed by them with David, ſeing the cauſe is common David compeares upon the 18. day and gives-in the declinature. On the 20. day it was thought needfull to ſend a copy of the declinature, unto every Presbytery, and be ſubſcribed by all the members together with a miſſive requeſting them, to return it being ſubſcribed, with all poſſible diligence with ſome brother, who was able to aſſiſt them in ſo weighty matters: and alſo deſiring every one ſtudy diligently this queſtion and all the points of the diſcipline: for certanly Satan was making an aſſault on the hedge of the Lords vineyard, that at his pleaſure he may deſtroy and waſt the plants thereof. Diligence was uſed in gathering ſubſcriptions ſo that in short ſpace, the hands of about 400. were at it. None ſo diligent, as John Spotſwood afterwards Bishop of Santandr. howbeit even then he reveeled unto the King, all their counſels & proceedings, either by himſelf or ſomtimes by a Courtier with whom he was familiar: he was the only ſuſpected Judas among the Miniſters at that time: others were like Hazael, who underſtood not their own hollow hearts, till time diſcovered them. On November. 24. the Commiſſioners of the Church being for the moſt part preſent, and being enformed, that they were to be charged to go off the town, did reſolve, that ſeing they were conveened by warrant by Chriſt and his Church in ſo dangerous a time, to ſee that the Church receive no detriment; they wold continue, notwithſtanding any charge, ſo long as it shall be found expedient; and in the mean time they ſent Miniſters Da. Lindſay, Ro. Rollock and Ja. Melvin, unto the K. to shew him, what inconvenients may enſue, if he enter into hard dealing with the church, and diſcharge the Commiſſioners of the Gen. aſſembly; to beſeech him, to deſiſt from purſute of D. Black and all controverſies ariſing thereby, till order were taken with the common enemy, and a Gen. aſſembly be convocated, fordeciding all controverſies, and anſwering all his queſtions; And to move him to conſider the danger, wherein the Countrey lieth by Papiſts binding themſelfs together, aſſociating to themſelves ſundry Clanns, preparing arms and horſes, &c. The next day they report his anſwer, He was ſory, that matters have ſo fallen out betwixt him and the Commiſſioners: yet if they will paſſe from the deelinature, at leaſt make a declaration, that it was not Generall, but uſed particularly in that cauſe of David Black, being a caſe of ſlander, and pertaining by right unto the church, he will paſſe from the ſummons and all purſute of David Black. [By the way here we may underſtand, that the words wherefore he was charged, were not ſo odious, as ſome have reported them] Then diverſe formes of a declaration were adviſed, but they could not find one, which in their judgement would pleaſe the king. In end they condeſ…ended to make this offer, that if his Majeſty would paſſe from that ſummons, and ceaſe from all charging of Miniſters for their preaching till a lawfull Generall aſſembly were convocated, they will on the other ſide take up the declinature, and ceaſe to make any uſe of it, untill the ſaid aſſembly. The brether that were directed, report on the 27. day, how they had ſpent much time in reaſoning with his Majeſty, but could not agree, unleſs the Commiſſioners would paſſe from the declinature, and cauſe David Black anſwer, and acknowledge the Judicatory; But they would not undertake it. Upon the ſame 27. day David Black was ſummoned again by proclamation and ſound of trumpet at the croſs, for ſpeaches uttered by him in his Sermons theſe three years laſt by paſt. And becauſe ſomtimes p. 522Barons and others ſare with the Miniſters, all the Leedges were diſcharged by proclamation, to aſſemble at the deſire of Miniſters, Presbyteries or other eccleſiaſticall judgements, Under pretenſe of aſſiſting them in their defenſe, being accuſed of any cauſe, crime or offenſe, or when they repaire to any judgement ſeat or otherwiſe, Without his Majeſties licence. Letters alſo were given forth, upon Act of Counſell, charging the Commiſſioners of the Generall aſſembly, to depart out of rhe town within 24. houts after the charge, and diſcharging them to conveen any where els. Immediatly the Commiſſioners conveen and lay the proclamation open before the Lord the Judge of ſo odious imputations, as they were burdened-with in theſe proclamations, and uſurpation of Supreme authority over the Church: they adviſed them, who were to occupy the pulpits, to deale mightily by the word againſt theſe proclamations and charges, and to uſe ſuch arguments as may flow from good grounds, which were then layd befored them. November 29. they reſolve to give-in ſome articles unto the King and Counſell, the day following (which was the day of M^r Blacks compearance) wherein they do clear themſelves of theſe odious imputations, and they crave to ſlay that action, till a Gen. aſſembly be convocated: they thought it alſo expedient, in reſpect of the new libelled ſummons, that another declinature be formed and uſed by David in his own name and of the reſt of the Miniſtry. On the 29. day the hour approaching, the Commiſſioners appoint Robert Bruce, Robert Pont, Robert Rolock, David Lindſay & Pa. Galloway, to preſent their articles, and to aſſiſt David in his action: the reſt were exerciſed in the mean time in praying and confeſſing their ſins, which had procured ſuch trouble. The brethren returning about half an hour after twelve, reported, that ſome had entred into commoning with them, and condeſcended upon ſome grounds of agreement, that the commoners on the K^s part were to travell with his Majeſty againſt afternoon, and themſelves were to deal with the Commiſſioners. One ground whereupon they had condeſcended was, that they would take up their declinature, and the Counſell their ſummons, and uſe a form of proteſtation. After noon when there was no appearance of agriement, and the Counſell were ſitting, the ſecond declinature was given in; wherein David adhereth unto the firſt, and fortifieth it with moe reaſons; and the above-named articles were preſented. David was wonderfully aſſiſteth with courage and wiſdom, and the brether alſo who were appointed to aſſiſt him, eſpecially Rob. Bruce. Nevertheleſs the King and Counſell do paſſe to the Interloquiture, and declare themſelves Judges competent to all the points of the libell, except one which concerned the Religion of England; So ſcrupulous were they to medle with matters ſpirituall or eccleſiaſticall. The brether returning unto the reſt (who were exercized as before noone) report what was paſt. It was thought meet, that the doctrine be directed againſt the Interloquiture, as a ſtrong Fort ſet up againſt the freedom of the Goſpell; and to give thanks unto God for unity of Spirit among themſelves. Immediatly after the diſſolving, the Threaſurer & Proveſt of Edinburgh crave conference with Robert Bruce, Robert Rollock, James Nicolſon, James Melvin. They ſay, the King (notwithſtanding the Interloquiture) intendeth not extremity againſt that Miniſter, but for maintaining peace with the Church, he would pardon him, if they would bring him unto his Majeſty, and cauſe him declare the truth in all the points libelled. After deliberation, they anſwer, If it were but one mans particular, that were in queſtion or danger, his Majeſties p. 523offer were thankfully to be accepted: But it is the liberty of the Goſpell, which was grievouſly wounded in the diſcipline thereof by the proclamation on Saturday laſt, and now in the preaching of the word, by uſurping the judicatory thereof: If the King had taken that mans life, or of moe, he could not have wounded the hearts of the brethren more deeply, nor done ſuch injury unto Chriſt: they can no way be content, unleſs theſe things be retreated and amended, but muſt oppoſe ſuch proceedings with extream hazerd of their lifes. The Meſſingers taking up the weight of the matter, were much moved, and returned unto the King with their anſwer. The next day a gentle man of the kings Chamber came timouſly to one of the brethren, and craved, the bent of the doctrine might be ſtayd that day, not doubting but his Maj. will ſatisfy them. It was anſwered, The edge of the doctrin can not be blunted without evident appearance of amendement of wrongs: yet he and another went unto the king, and theſe returning, reported the kings mind and offers, to declare his meaning, concerning the proclamations and the Interloquiture. The brethren reioice not a litle: they ſet down his offers in writ, amending ſome points; they write the grounds & articles of agreement, that the k. might ſee, whither they were according to his meaning. The brether, which were directed unto him, found him well content w…th the articles: he ſaid, he wold abolish the two Acts which were proclamed, and not ſuffer them to be booked; and of his own accord he offered to write unto the Preſbyteries, and ſatiſfy them concerning the Interloquiture, if they shall give him a band of dutifulneſs in their doctrin on the other part; As for Da. Black, let him come, and declare his conſcience concerning the libell, before David Lindſay, James Nicolſon & Thomas Buchanan; and thereafter he shal be content, to do what they shall judge meet. In the afternoon they returning found the King changed: he directeth David Lindſay to crave of David Black, that he compear before the Counſell, and there confeſſe an offenſe done to the Queen at leaſt, and ſo receive pardon. David Black refuſeth to confeſſe: for in ſo doing, he shall acknowledge the Counſell to be Judges of his Sermons, and approve their proceedings to be lawfull, when they had ſummoned him, and admitted ignorant and partially affected perſons, lying under the cenſures of the Church at his procurement, to be witneſſes; albeit he hath ample teſtimonialls of Proveſt, Bailives, Counſell, Church-…eſſion, of the Rector, the Dean of faculty, Principalls of the Colledges, Regents and other members of the Univerſity, his dayly auditors: all which were produced for him, but if it would pleaſe his Maj. to remit him unto his ordinary Iudge the Eccleſiaſticall Senate, he will depone the truth willingly in every point, and underly their cenſure and ordinance, if found guilty. The King went to Counſell, David Black not compearing, the depoſition of the witneſſes is read: the points of the libell are declared to be proved, and the punishment is referred unto the King. The Acts of proclamation and whole proceſs is regiſtred. The doctrine in Sermon ſoundeth fr…ely in the old manner: The king craves conference again with the ſame Miniſters. After much reaſoning, they return unto Articles and grounds of agreement: then was produced a form of declaration concerning the proclamation, another of the charge; and a Miſſive unto the Preſb. of Edinb. concerning the Interloquiture. When theſe btethren had cauſed diverſe things to be amended, they received them, to be cōmuicated unto the commiſſioners and others waiting upon their returning. The formes and declarations being conſidered, were not found ſufficient to repair the injuries p. 524done, but rather ratified the ſame. Other formes and declarations were deviſed, and a Miſſive unto the Preſbytery; as alſo an Act of their dutifull obedience. Sundry conferences paſt betwixt the king and Counſell, and the three Miniſters above named, but without ſucceſs: for on wedneſday December …. theſe three Miniſters reported unto a frequent meeting of their brethren (come from ſundry Provinces, and joyning with the Commiſſioners) that the king in preſence of the Counſell refuſed to accept that form of Letter written by them, to be ſent unto the Preſbyteries, be…auſe it imported (albeit indirectly) an annulling of the Interloquiture. 2. He refuſed the Act of dutifull obedience, as not ſufficient, becauſe it contained not a ſimple Band of not ſpeaking againſt the King and his Counſell, but limited with certain conditions, which would ever come again into queſtion, and turn to the controverſie of the Judicatory [Note this.] 3. The formes of declaration (that was penned by the brethren) was refuſed, becauſe they imported a plain retracting of the proclamations, and an acknowledgement of an offenſe. 4. The King will no way paſſ from the interloquiture, nor ſuſpend the execution of it, untill a Generall aſſembly, but ſeing the punishment is in his will, he will declare it unto the brether in private, which was tranſportation or ſuſpenſion for a ſpace. They anſwered, They could not agree for the reaſons above named, In end the K craves to be reſolved of certain ſpeaches uttered by him, to wit, The treachery of his he art was diſcloſed: all Kings are the Devils children; and he required that David shall chuſe ſeven or eicht of 20. or 25. of his auditors, whoſe names shall be given him, that by their depoſition the cauſe may be reſolved; and in the mean time he shall deſiſt from preaching. They anſwered, They had no commiſſion for that, but to crave the acceptation of the formes propounded, and they will report the anſwers. December. 9. their report was heard: the brethren perceive, that nothing is done, and in the mean time the enemies do attain their will: therefore they think it not expedient, to uſe any more commoning, but by ſome brethren to let his Majeſty know, how they had humbly ſought redreſſe of wrongs done to Chriſt in his kingdom lately, by that charge, proclamations, interloquiture and proceſs againſt one of their moſt faithfull brethren, how they have been moſt willing, to have condeſcended to any conditions of peace, till the wounds which Chriſts Kingdom had received, might be throughly cured, to the intent his forces and the Churche's authority might be ſet againſt the common enemies: but ſeeing they are diſappointed, they are free of what shall enſue; and true paſtors can not without treaſon againſt their ſpirituall king, abſtain from fighting againſt ſuch proceedings, with ſuch ſprirituall armor as are given them, potent throgh God for overthrowing theſe bulwarks & mounts erected for ſacking the Lords Jeruſalem. Decemb. 10. Da. Black was charged to go north within ſixe dayes, and remain by north the Northwater, till his Majeſty declared his will, Under the pain of rebellion, and putting him to the horn. Decemb. 11. the Commiſſioners were informed, that a great number of miſſives were written and ready to be directed through the Countrey for calling a convention of Eſtates and a Generall aſſembly: the tenor followes; Wee greet you well. As wee have ever carryed a ſpeciall good will to the effectuating of the policy of the Church, of which wee have often conference with the Paſtors and Miniſtry, ſo wee and they both reſolving now in end, that the whole order of the ſaid policy shall be particularly condeſcended & agreed upon for avoiding ſundry queſtions p. 525& controverſies, that may fall out to the ſlander & danger of religion; Wee have for that effect, appointed alſwell a generall Convention of our Eſtates, as a Generall Aſſembly of the Miniſtry, to hold here in Edinb. the firſt day of February next, To treat and reſolve all queſtions ſtanding in controverſy! or difference between the Civill and Eccleſiaſticall judgement, or any way concerning the policy and externall governing of the Church: and therefore will wee effectually deſireand requeſt you, that you fail not (all excuſes ſet apart) to be preſent at our Convention the day & place foreſaid preciſely to give your beſt advice & opinion in that matter, as you tender the effectuating there of, the well of religion and Eſtate, and will shew yourſelves our dutifull and affected ſubjects. So wee committ you to Gods protection. From Halirud houſe the day of Decemb. 1596. Here the reader may more clearly perceive, that the alteration of the eſtablished government was intended before the 17. day of December, and that not only the marches of the Jurifdiction Civille and eccleſiaſtcall were ſought to be ridd, but the order of the church-government was to be called into queſtion, howbeit thereafter nothing was pretended (at firſt) but the reſtraint of application & of doctrine, and Miniſters vote in Parliament to vindicat them from poverty and contempt, becauſe otherwiſe ſtrong oppoſition was feared. On decemb. 14. the Commiſſioners of the Generall aſſembly exhorted the Miniſters of the preſbytery of Edinburgh as they will anſwer unto God and the Church in ſo neceſſary a time, To call before them ſuch perſons of higheſt ranks as are known or may be found to be malicious enemies, and to proceed againſt them to excommunication. The ſame day the charge; that was given out againſt the Commiſſioners of the Church, was proclamed with ſound of trumpet. After adviſement they thought it lawfull to diſobey ſo unlawfull charges, but nedleſs and not expedient, ſeing after them others might ſucced, and ſo the work might proceed. So they reſolve to depart, committing the cauſe unto God, and the diligent care of the preſbytery of Edinburgh: but fearing, the fearfull tentation of poverty micht prevaile with the weaker ſort, and move them to ſubſcribe a Band, which might captiouſly import the King and Counſells power, to judge of Miniſters doctrin, be cauſe the King had ſaid the day pr…ceeding, They who will not ſubſcribe, shall want their ſtipends; they thought it requiſite, to ſend unto every presbytery a declaration of their proceedings. The minute of their proceedings I have now ſet down. In their declaration they write plainly, that when they were inſiſting with his Majeſty to appear in action againſt the forfeited Earls, he had converted all his actions againſt the Miniſtry with hoter intention, than he could be moved againſt the adverſaries this long time, that ſo they may be driven from proſecuting their ſuits againſt the Papiſts, and to employ themſelves wholly in defenſe of preaching & diſciplin; that the reſtraint of rebuking & cenſuring ſin was the principall Butt aimed at in all this action, becauſe the myſtery of iniquity, which hath been intended, begun, and is going forward (whither the purpoſe be to thrall the goſpell by Injunctions or by a policy equivalent to injunctions, or to bring-in liberty of conſcience, or if to draw more papiſtry, which is to be feared for many reaſons, and will be reveeled in time) being ſuch as can not abide the light of reprehenſion, the only advantage of their cauſe is thought, to conſiſt in extinguishing the light which can diſcover the unlawfulneſs of it, that ſo they may walk-on in darknes without all challenge untill the truth be overthrown. And becauſe impiety dar not as yet p. 526be ſo impudent to crave in expreſs termes; that ſwine be not rebuked, it is ſought only, that his Majeſty and Counſell be acknowledged judges in matters Civile and criminall, treaſonable and ſeditious, which shall be uttered by any Miniſter in his doctrin, thinking to draw the rebuke of ſin in King, Counſell or their proceedings, under the name of one of theſe crimes, and ſo either to reſtrain the liberty of preaching, or to punish it under the name of ſome vice, by a pretenſe of law and juſtice, and ſo by time to bind the word of God, and let ſin paſs with lifted up hand to the higheſt, &c. Yee ſee now wha… was the controverſy betwixt the King and the Miniſtry. The ſum of all.The King would have the Miniſters to heare the offers made by the forfeited Earls, that they might be reconciled unto the Church. On the other ſide Miniſters urge, that they be removed out of the Country again, and that he do the office of a Magiſtrate, as becomes him for their treaſonous conſpiracy, the pardon whereof he had profeſſed in the beginning to be above his reach; and their offers import conference, but no confeſſion of an offenſe; nor were made in ſincerity; [as the event did prove.] This could not be obtained: therefore pulpits ſounded againſt the favorers of theſe; as became faithfull watchmen, to diſcharge duty in ſo dangerous a time. Publick rebuke of publick and crying ſins was called into queſtion, and ſo was the eſtablished diſciplin; and they were driven from the offenſive to the defenſive part. The Miniſtry craved but the tryall of Miniſters in the firſt inſtance to be appertaining unto the Eccleſiaſticall Judicatory, for application of doctrine to the rebuke of corruptions and publick offenſes, as they should be by the word of God, & practiſes in former times: but it was refuſed. What ſins did reigne in the land, the catalogue drawn up by the late aſſem. witneſſeth.....Had they not reaſon then to blow the trumpet, and forewarn the people of Gods judgements, and now when the chief enemies forfeited for unnaturall conſpiracy were ſuffered to return and abide in the Country? The wild border-men ſtood in greater awe of excommunication by a preſbytery, than of Letters of horning. I know, a Noble man confeſſed, that he was more afrayed for the Pr…ſbyteries officer [or Sumner] than for an officer of arms. Upon the 16. day of December the King ſent for four Miniſters of Edinburgh: but Robert Bruce refuſed to enter into any more commoning, untill the Commiſſioners of the Church were recalled by als publick & honeſt a proclamation, as it was unhoneſt and calumnious (ſo he called it) by which they were charged to depart. The Secretary after adviſement promiſed, it should be ſo. Whill they were thus under commoning, there was a purpoſe to charge of the moſt zealous Burgeſſes of Edinburg to depart out of the town, ſpecially theſe who did watch in the night for ſavety of their Paſtors: for ſome of the Cubiculares envying the Octavianes (who had the managing of the Kings revenues, whereby the Cubiculares were diſappointed of their penſions) had advertiſed the Miniſters, to be upon their guard night and day; and alſo give advertiſement to the chief Octavians to keep their gates shutt: So oile was caſten upon the flamm already kindled. The chief Octavianes were Preſident Setoun, Sir James Elphinſtoun, M^r Thomas hamilton, the Kings Advocate, and Secretary Lindſay: the cheif Cubiculares were Sir George hume (thereafter Earle of Dumbar) Sir Patrick and David Murrayes, brether of Balvaird. [Many of both theſe ſorts were alwiſe ſuſpected of Papiſtry.] December 17. the charge was executed againſt one of the twenty four. Walter The fray of December 17. An. 1596Balcanquell (being advertiſed before he went to pulpit) layd forth before the people all the proceedings betwixt the King, the Octavians, and the p. 527Miniſters; and according to a warrant he had from the Church, he requeſted Barons & gentle men preſent and others well affected, to conveen in the litle Church, and conſult how the imminent danger to religion might be prevented. When they were conveened, Robert Bruce layd forth the preſent dangers, and exhorted them to hold up their hands and ſwear to the defenſe of religion preſently profeſſed. Then they directed two Noble men, Lindſay & Forbes, two Barons, Bargainny and Blairwhan, and two Bailives of the town, unto the King with certain articles for redreſſing wrongs done unto the Church, and preventing imminent dangers. They entreat Robert Bruce to accompany them, and to propone the matter. Then hearing, that the King was come to the Tolbooth, they went unto him in the upper-houſe, and the Miniſter ſaid, The Noblemen, gentle men and others preſently conveened, apprehending the danger imminent to religion by hard dealing againſt the Miniſtry and zealous profeſſors, have directed ſome of their number unto your Majeſty. What appearance is there of danger? ſaid the King. The burgeſſes beſt affected to religion are (under commoning) charged to depart out of town; the Lady Huntly is entertained at Court, and there is vehement ſuſpicion, that her husband is neer at hand. The K. ſaid, What have yee to do with that? and ſo goeth from them, drawn (as appeared) by the Preſident and others about him. They who were ſent, return unto the reſt which had ſent them, and report thus, Wee went to his Majeſty as yee deſired: but were not well accepted, nor our gr…evance heard: and now yee have to conſider, what is next to be done. It was thought good, to reſerve their grievances to a better time, and for the preſent to knit up a covenant with God, to ſtand to their profeſſion and defenſe of the good cauſe to their laſt breath. Whereunto they all agree, teſtifying it by holding up their hands: then was a great applauſe of the preſent company. The Miniſter craves to behave themſelves quietly for regard unto the cauſe. At this time comes a cry from the ſtreet, to the Church-door, with theſe words, Save yourſelves, there is a tumult in the ſtriet. Another cry went through the ſtriet with theſe words, Arme, arme. I heard [ſaith my Author] a Noble man, a Counſeller affir…, that it was one ſuborned by the Cubiculares, who came to the door, and after went to the ſtriet, and raiſed the cry: but who it was, it is not yet known. The people within the Church, apprehending it was a fight among parties (as was frequent in theſe dayes) leap to the ſtriets. The greater number of Burgeſſes being in their houſes, ſent forth to enquire what the matter meaned: they hear, that the Miniſters were invaded, and the cry went, The Miniſters are ſlain: whereupon they run into the ſtriets in arms. The Gentle men which were in the Church, accompanied R. Bruce into his houſe, and then went to their lodgins, yet purpoſing to return into the Church-yaird: for they feared, the Miniſter was to be invaded. The other Miniſters went into the ſtriets, to try what it was: after a litle ſapce the gentlemen return into the church-yaird, they call for Robert Bruce, and tell him of the great diſ-order among the people by a falſe alarm, and none could know what was the ground of the fray. They all lament the caſe, they ſent for ſome of the Magiſtrates, and entreat them to pacify the people, running ſome one way, and ſome another; ſome to the church, thinking that the Miniſters were invaded or ſlain; and ſome to the Tolbooth doore (which was shutt] thinking that the King had been ſlain. Two or three cried at that doore, for three of the Octavianes, that they might take order with them. Another, cried, The ſword of the Lord and p. 528of Gideon. The King ſent a charge to the Proveſt and Bailives to ſtay the tumult. The people at command of the Magiſtrates went to their houſes, and layd aſide their weapons. Whill the Magiſtrates were doing their beſt, the King ſent the Earle of Marre and Lord Halirudhouſe, to the Barons & Miniſters conveened in the church-yaird with many and plauſible ſpeaches: but ſome hote words paſſed betwixt Lindſay & Marre. The Barons and Miniſters went into the litle Church again, ſate down, and directed the former commiſſioners (at leaſt the moſt part of them) to shew his Majeſty, that they were grieved at their heart for the tumult, and to beſeech him to provide ſome remedy againſt the preſent evills. The King ſeemed to be well pleaſed, willed them to ſet down their petitions, and promiſed a reaſonable anſwer. Soon thereafter the Lairds of Cesford, Traquair, and Col. Stewart wereſent to them, to put them in expectation, that all shall go well. So they diſolve with publick thanks giving to God for his gracious providence, diſpoſing ſuch an accident after ſuch a manner, that no man had received harm, and the people had reteered to their houſes at the voice of the Magiſtrates. The Lord Forbes, Bargainny, Blairwhan and Faldounſide were directed again with theſe articles, that ſuch Octavianes as favored the forfeited Earls, and were authors of the preſent troubls in the Church, be removed, the excommunicated Earls be commanded to depart out of the Country, before any of their offers be heard; and the commiſſioners of the generall aſſembly be recalled by a publick proclamation. When theſe came to the utter court of the Palace, they underſtood, the King was commoved for the diſ-honor, he apprehended done unto him that day: therefore they left off their commiſſion, and vvent to their lodgings. The next day the King vvent to Lithgovv: all that vvere not ordinary inhabitants in Edinburgh vvere commanded to leave it: the Lords of the Seſſion vvere vvarned to be ready to remove, and to ſit vvhere they shall be advertiſed by the next proclamation: the Magiſtrates vvere commanded to ſearch and apprehend the authors of that hainous attempt. Some of the burgeſſes vvere committed to ſundry vvards: the Miniſters of Edinb. were commanded to enter into the caſtle of the town, becauſe the Kings wrath was hoteſt againſt them, and to the end, the chief Octavianes might uſe them at their pleaſure. After advice with ſome others, it was thought expedient, they should withdraw themſelves till the preſent flamm were over. For all the diligent inquiſition which was made many daies, no ground could be found of any conſpiracy againſt the King or any other: only when the tumult was raiſed, one or two cried to have ſome of the Octavianes abuſers of the King, to take order with them: for which words they were fined. If there had been any intention, to do harm unto any man, what could have himdred then from doing it? there was no party in readineſs, able to withſtand them. Yee ſee then, the tumult of Decemb. 17. was no juſt cauſe to move the K. to charge the Government of the Church, nor to wrong the wholl Nationall Church for the tumult of one town, howbeit their fact had been grounded on bad intentions; nor may K^s thruſt Chriſts government to the door for the faults of men and bring-in what forms they pleaſe. But as no juſt occaſion was givē, ſo that tumult can not ſerve ſo much as for a pretence, ſeing as it is now diſcovered, the alteration was intended before December. 17. On the 20. day Pa. Galloway was ſent unto the K. at Lithgow: but was not ſuffered to come neer the King: only a copy of a Band was ſent unto him (whereof mention was made before) to be ſubſcribed by the Miniſters▪ Under pain of loſſe of p. 529their ſtipends: but he and others after him refuſed for many reaſons. The queſtions (whereof mention was made before) 55. in number came forth in print ſoon after: and the Convention of the Eſtates and of the Miniſtry was appointed to be held at Perth February 29. for conſulting upon and determining the juriſdiction ſpirituall of the Church, alſwell in application of doctrin as the whole policy: in all theſe queſtions the main point of policy, to wit, the ſuperiority of Bishops was conceiled, howbeit chiefly aimed at. In time of theſe ſturs in Scotland began throughout England the more ſolemne and pious obſervation of the Lords The keeping of the Lords day began in England.day, upon occaſion of a book ſet forth An. 1595. by P. Bound Doctor of Divinity [and enlarged with additions An. 1606.) wherein theſe following opinions were maintained. 1. The command of ſanctifying every ſeventh day, as in the Moſaicall decalogue, is moral and perpetual. 2. Whereas all other things in the Jewish Church were taken away [prieſthood, ſacrifices and Sacrament] this ſabbath was ſo changed, that it ſtill remaines. 3. There is a great reaſon, why we Chriſtians should take ourſelves as ſtreightly bound to reſt upon the Lords day, as the Jewes were upon their ſabbath, it being one of the moral commandements, whereof all are of equal authority. 4. the reſt upon this day muſt be a notable and ſingular reſt; a moſt carefull, exact and preciſe reſt, after another manner then men are accuſtomed. 5. Schollers on that day are not to ſtudy the liberal Arts, nor Lawyers to conſult the caſe, nor peruſe mens evidentes. 6. Sergeants, Apparitors and Sumners are to be reſtrained from executing their offices. 7. Juſtices not to examin cauſes for the conſervation of the peace. 8. Ringing of more bells then one that day is not to be juſtified. 9. No ſolemn feaſts, nor wedding dinners to be made on that day. 10. all honeſt recreations and pleaſures lawfull on other dayes [as shooting, fencing, bowling] on this day is to be forborn. 11. No man to ſpeak or talk of pleaſures, or any other worldly matter. It is almoſt incredible, how taking this doctrine was, partly becauſe of its own purity, and partly for the eminent piety of ſuch perſons as maintained it; ſo that the Lords day, eſpecially in Corporations, began to be preciſely keept, people becoming a law to themſelves, forbearing ſuch ſport as by Statute were yet permitted; yea many reioicing at their own reſtraint herein. On this day the ſtouteſt fencer layd down his buckler; the skilfull Archer unbent his bow counting all shooting to be beſides the Mark; May-games and Morish-dances grew out of requeſt, and good reaſon that bells should be ſilenced from gingling about mens leggs, if their ringing in Steepls were judged unlawfull: ſome were ashamed of their former pleaſures like children, vvho grovvn bigger blush themſelves out of their rattles and vvhiſtles. Others forbear them for fear of their Superiors, and many left them off out of a Politick compliance, leſt othervviſe they might be accounted licencious. Yet the learned vvere much divided in their judgement about theſe doctrines; ſome embraced them as antient truths conſonant to Scripture, long diſuſed and neglected, and now ſeaſonably revived for the encreaſe of piety. Others conceived them grounded on a wrong bottom; but becauſe they tended to the manifeſt advancing of religion, it was pitty to oppoſe them, ſeing none have juſt reaſon to complain, being deceived into their own good. But a third ſort flatly fell out with theſe poſitions, as galling mens necks with a Jewish yoak, againſt the liberty of Chriſtians; that Chriſt as Lord of the Sabbath had removed the rigor thereof, and allowed men lawfull recreations; that this Doctrine put an unequal Luſtre on p. 530the Sunday on ſet purpoſe to eclipſe all other holy dayes to the derogation of the authority of the Church; that this ſtrict obſervance was ſet up of faction to be a character of difference to brand all for Libertines, who did not entertain it. How ever, for ſome years together in this controverſy, D^r Bound alone carried the Garland, none offering openly to oppoſe; yea as he in his ſecond edition obſerves, many both in their preachings, writtings and diſputations did concurr with him in that argument: and though Archb. Whitgift in the year 1599. by his Letters had forbidden thoſe books any more to be printed, and Sir John Popham Lord chief Juſtice in their year 1600. did call them in, yet all their care did but for the preſent make the Sunday ſet in a cloud, to ariſe ſoon after in more brightneſs for the Archb. his known oppoſition to the proceedings of the [Anti-epiſcopal] Brethren rendred his actions more odious, as if out of envy he had cauſed ſuch a pearle to be concealed, and ſome conceived, though it was moſt proper for Judge Popham's place to punish fellonious doctrine (which robbed the Queens ſubjects of their law full liberty) yet he was no competent Judge in this controverſy: and though he had a dead hand againſt offenders, yet theſe doctrines (though condemned by him) took the priviledge to pardon themſelves, and were published more generally then before. Th. Fuller in the Church hiſt. lib. 9.

XXXV. The Synod of Fife meeting at Couper February 8. 3597. ordained every Preſbytery within the bounds to direct two of their number to meet at Santand february 21. to confer and reſolve with common conſent upon the moſt ſolide anſwers unto theſe queſtions, for ſtrengthening the brethren. They ſent alſo ſome Miniſters, to ſupplicat the King not to hold that Convention, which was appointed to be at Perth, or at leaſt to delay it untill the time of the ordinary aſſembly, which is to be in Aprile, and to shew unto him, that no preſbytery hath power, to give commiſſion unto any of their brether, to call in queſtion, or put into doubt the determinations & concluſions of the Generall aſſembly; as alſo to ſupplicat his Majeſty to relaxe the Miniſters of Edinburgh from the horn, and reſtore David Black to his own place. They ſet down inſtructions & limitations unto the Commiſſioners, that were to be ſent from the Preſbyteries to Perth, if the dyet shal be keept. The Preſbytery of Edinburgh and others did the like. The brethren that were appointed by the Synod of Fife, meet in Santandrews and reſolve upon anſwers to the queſtions: others alſo, namely, Pa. Galloway took paines there-in. The Miniſters come to Perth february 29; moe out of the north, than were wont to be ſeen at any Gen. aſſembly. Great paines was taken by Courtiers & Politicians to divide them into factions: they complain unto the Miniſters of the North. that the South Miniſters were ſeveer, undiſcreet, arrogant, and uſurp the government of the wholl, they commend the Miniſters of the North as men of better diſpoſition and more diſcretion, and doubted not, if they were acquainted with his Majeſty, they shall in short time ſee all matters brought to a good point. Sir Patrik murray was diligent in making their acquaintance with the K. and they had acceſſe late at night, and early in the morning. The cheif of theſe wrought upon others comming from the North: ſo they began to look bigg on their brethren, and blamed the Miniſters of the ſouth, namely (as they were informed to ſpeak) the Popes of Edinburgh, that they had not handled matters well, and had almoſt loſed the King. Others how beit grieved at ſuch ſpeaches, ſtood to their inſtructions both privatly and publickly, ſo that the ſitting of the Aſſembly was put off for p. 531two or three days. James Nicolſon had long conference with the King till midnicht, and when he returned to his chamber, he told James Melvin ſome of the Kings ſpeaches, inſinuations mixed with threatnings, and added, I perceive, the King will wreck himſelf and the Church both, unleſs we look better about us, and y…eld ſo fa… as wee may, rather than loſe all James Melvin perceiving him to be changed, ſaid. I ſee no better reſolution▪ than as they have done in former times, to ſeek God by prayer, and diſcharge our duties faithfully, committing the event unto God, to whom the cauſe belongeth; as …or my ſelfe, by Gods grace I will never yeeld …o any thing contrary to what we have ſufficiently warranted by his word▪ and have poſſeſſed ſo long with ſo confortable frutes: If wee paſſe at this time from the leaſt point, it will shake us looſe, diſarm us of the truſt we have in the equity of our cauſe, and break that unity, whereby we have ſtood ſo ſtrong untill now! On the third day the Miniſters were … Sir Patrick M…rray in the Kings name; to reſolve, Whether they would hold the Aſſembly, or not? Peter Blackburn Miniſter at Aberdien …aintained, that they might, and James Melvin held the neg…tive▪ The brethren ſeemed for the moſt part to encline unto the negative▪ but by the perſuaſive ſpeaches of James Nicolſon, and eſpecially by the Kings authority many were induced to conſent: Commiſſioners from eight Presbyteries voted in the negative, that the meeting could not be held for a Generall aſſembly; and commiſſioners from elleven allowed it for an extraordinary Generall aſſembly......They which were in the negative, acknowledged the meeting to be lawfull, and that they came in obedience unto his Ma. but not as having the power of a Gen. aſſembly, but rather to remitt the finall anſwer unto the Aſſembly; it was a meeting of the Miniſtry upon the Kings miſſives ſent unto them, and others than Miniſters should be members of the Generall Aſſembly according to the acts and practiſe of the Church, and whereas the Moderator of the preceeding Aſſembly was wo… to begin with exhortation and prayer, and then a Moderator was choſen, now by inſtigation of Courtiers David Lindſay Miniſter at Lieth took upon him the office of Moderator without election. The former Clerck being defunct, now another was not choſen, nor taken ſworn according to the former order. So here order and unity was broken. So for from the beginning of Section 34. I have written out of The Historicall Narration: Now I returnt unto the book of the Aſſemblies. I. In Seſſ. 3. March 2. The Kings Commiſſioners do preſent the articles following with this preamble; Seing the quietnes of the Church, and the freeing of the ſame from ſlander. which upon the contrary effects would neceſſarily follow, is the chief Butt and end, at which his Majeſty shuteth in the conveening & holding of this preſent Aſſembly: Therefore and for avoiding fashions and longſom diſputations, whereupon diverſe uncomely controverſies and debates may ariſe, his Majeſty hath thought good to remitt the deciſion of a great number of the pretended queſtions to a better opportunity, to be reaſoned in the mean time by ſuch as shall be authorized by commiſſion to that effect; and for the preſent shall content himſelf with the deciſion of theſe few articles following, having made choice of none but ſuch as neceſſity of time could not permitt to be delayd, without great harm and ſlander to follow. 1. That it be not thought unlawfuli either to the Prince or any of the Paſtors at any time heerafter, to move doubts, reaſon or crave reformation in any point of the externall policy & government or diſciplin of the Church, that are not eſſentially concerning ſalvation, or is not anſwered p. 532affirmativè or negativè by any expreſſe part of the Scripture, Providing it be done decenter, in right time and place, animo aediſicandi, non tentandi. 2. Seing the Civill & Politicall government of the Church belongeth alanerly unto the King, his Officers and Counſell, and is no way pertinent to the Spirituall Miniſtry of the word; that no Miniſter shall hereafter at any time medle with matters of the Eſtate, in the pulpit, or with any of his Maj. lawes, ſtatutes and ordinances; but if any Miniſter shall think any of them hurtfull to religion, or contrary unto the word, they shall privatly complain thereupon unto the King or his Counſell. 3. It shall not be lawfull to the Paſtors to name any particulare mans name in the pulpit, or ſo vively to deſcribe them, as may be equivalent with their naming, excep upon the notoriety of a crime; this not oriety may only be defined by the guilty perſon being fugitive for the time, or being condemned by an aſſyſe, or excommunicate, for the ſame. 4. Every Miniſter in his application shall have only reſpect to the edification of his own flock and preſent auditors, without exſpatiating upon other diſcourſes no way pertinent to that congregation. 5. Every particular preſbytery shall be commanded to take diligent heed unto their Paſtors doctrin, and that he keep himſelf within the bounds of the premiſſes. 6. That ſummary excommunication be diſcharged as inept, and that three lawfull citations, at leaſt of eight dayes intervall betwixt every one of them, preceed the Sentence. 7. That no Seſſion, Preſbytery nor Synod uſe their cenſures upon any, but them that are reſident within the bounds committed unto them; otherwiſe their decreets and Sentences to be null. 8. All ſummons shall contain a ſpeciall ca…ſe and crime, and none ſuper inquirendis to be ſummoned, quod eſt merè tyrannicum. 9. That no meeting or conventions be among Paſtors without his Maj. knowledge & conſent, excep their ordinary Seſſions, Presbyteries & Synods. 10. That in all the principall townes Miniſters be not choſen without the conſent of their own flock and of his Majeſty; and that order to be begun preſently in the planting of Edinburgh. 11, That all matters concerning the reſt of his Maj. queſtions be ſuſpended, unmedled-with either in pulpit or any other Judicatory, whill firſt all his Hieneſs queſtions be fully decided, ſpecially, that all matters emporting ſlander come not in before them in the mean time, wherein his autority Roiall is prejudged highly, but only in cauſes meerly eccleſiaſticall. 12. That ſeven or eight wiſe & diſcreet Miniſters be authorized by commiſſion to reaſon upon the reſt of the queſtions, as opportunity of time shall ſerve. 13. That they give commiſſion to the Miniſtry of the North to be at a point with Huntly; and if he ſatiſfy them, to abſolve him. For the better anſwering theſe articles, the Aſſembly ordaines certain brethren choſen …ut of every Shyre preſently conveened, to give their advice & Overture upon them, and thereafter to report them unto the Aſſembly. Theſe wer 21 in number, of whom nyne wer Bishops thereafter. In Seſſ. 5. the brether being deſired by the Kings Commiſſioner (ſent for that effect) to repair unto the place. where his Majeſty and Eſtates were preſently ſitting, to conferr on the foreſaid Articles; at his Maj. deſire they went to the Counſell-houſe: and there before any reaſoning (after his Majeſty had diſcourſed of the things to be propounded) proteſted in manner following, Sir, forſomuch as wee are come hither to teſtify our obedience unto your Majeſty, and to heare what shall be propounded by your Majeſty unto us, In all reverence we proteſt, that this our meeting be not eſteemed, as if wee made our ſelves an aſſembly with the Eſtates, or do ſubmitt any matter eccleſiaſticall either concerning doctrin or p. 533diſciplin unto this Judicatory, but after that wee have conferred and reaſoned with your Majeſty concerning the articles propounded unto us, we muſt return to the ordinary place of our aſſembly, there to reaſon, vote and reſolve in all theſe points according to the word of God and good conſcience; And this our proteſtation we moſt humbly crave, may be admitted in your Maj. books of Counſell, for eſchuing inconveniente, that hereafter may ariſe. This proteſtation was ratified, iterated, and confirmed by his Ma. So after ſome reaſoning upon the articles the brethren were dimitted. In Seſſ. 6. the ſame day, they gave their anſwers, agreeing ſimpliciter unto the firſt, ſecond, fourth, eight, tenth & elleventh; unto the third, with this addition, that the notoriety be defined, if the perſon be fugitive, convict by an Aſſiſe, excommunicat, contumax after citation or lawfull admonition; Unto the fifth with this change, That he keep himſelfe within the bounds of the word. Unto the nynth with exception of viſitations of churches, admiſſion & deprivation of Miniſters, reconciling of enmities and ſuch like: Unto the twelth alſo, and to that effect they appoint Miniſters Ja. Nicolſon, Jo. Cauld…leuch, An. Clayhills, D. Lindſay, Tho. Buchanan, Ja. Melvin, R. Wilky, W. Couper, Io. Couper, Ia. Briſon, Ro. Rolock, Pa. Galioway, Io. Duncanſon, & Ro. Howy, To treat of the queſtions, and report their advice unto the next Gen. aſſembly, Referring the time and place of conveening unto his Ma. The ſixth and ſeventh articles are refetred to the next gen. aſſembly. Concerning the 13. they give commiſſion unto the Miniſters of Murray and Aberdien Preſbyteries to inſiſt in conference with Huntly: and they adioyn five Miniſters out of Merns and Anguſe: and ordain them to report his anſwers to the articles given them in commiſſion for his tryall. II. In Seſſ. 7. the articles for tryall of the Earle of Huntly are 1. That from the day of his compearance before the ſaid commiſſioners, he shall make his conſtant reſidence in Aberdien, that he be not abſtracted from hearing the word and ordinary conference, enduring the time appointed for the ſame. 2. That he be well enformed with knowledge to condeſcend in the principall grounds of religion affirmativè, and the untruth of the errors contrary unto the ſame: and that he be able to give a reaſon of his knowledge in ſome meaſure. 3. That he be brought to a plain acknowledging of the Church within this Country, and profeſſe himſelfe adioined to the ſame as an obedient member thereof: and be content to hear the word, to participate the ſacraments, and obey the diſciplin of the Church, as preſently avowed by the K. and Eſtates. 4. That he ſolemily promiſe by word and written band to remove out of his company & wholl bounds under his power, all Ieſuits, prieſts and excommunicat perſons. 5. That he ſwear and ſ…bſcribe the Confeſſion of faith in preſence of all the Commiſſion…rs. 6. That he agree to ſatiſfy in the church of Aberdien in moſt humble manner for his apoſtaſy, and there renew the foreſaid promiſes and bandes in moſt ſolem manner. 7. That he declare his grief and repentance for the ſlaughter of the Earle of Murray, and promiſe to make aſſithment [or ſatiſfaction] unto the party, when it shall be accepted: and declare his foreſaid repentance and grief at th… time of his foreſaid publick ſatiſfaction. 8. Becauſe by occaſion of ſervice done to his Ma. in purſuing the ſaid Earle by force and otherwiſe, ſundries in theſe parts have incurred his diſpleaſure, that he be content, to remove all theſe occaſions with ſuch convenient diligence as theſe commiſſioners shall think expedient. 9. for declaratiō of his ſinceer adjoyning with us, that he be content at their ſight, and advice of his beſt diſpoſed friends to provide ſufficient ſtipends unto his churches. 10. That he shall acknowledge p. 536his faults, for which he was juſtly excommunicat, eſpecially, his apoſtaſy and the burning of Dunibr. 11. That he shall have an ord. Miniſter continually reſident in his family; With power to them, to conveen March 22. inſtant, or ſooner if they can; and to confer with Huntly, and to reſolve in the articles named, and to report his reſolution at the next Gen. Aſſembly to be holden at Dundy May 10. next. III. Upon petitions preſented in names of the Earls of Anguſe and Arroll, the Miniſters of Murray and Aberdien are ordained to confer likewiſe with Arroll, and the Miniſters of Anguſe & Merns are ordained to confer with the Earle of Anguſe, Upon the ſame articles, excepting theſe concerning the ſlaughter of Murray, and to report their reſolutions, as ſaid is, And theſe commiſſions to be extended unto the Lairds of Bonitoun and Newtoun, if they offer themſelves to ſatisfy the Church, And if theſe excommunicat perſons or any of them shall reſort to any other place within the realm, the aſſembly gives full power, and commiſſion to the Miniſters of the Presbytery where they shall happen to reſort, to travell and confer with them in the above written articles. IV. Articles ſent unto the King by the Miniſtry are. 1. It is humbly craved, that your Majeſty with advice of the Eſtates preſently conveened, conſidering how it hath pleaſed God, to give good ſucceſs to this preſent convention, and that all things here concluded tend to the peace and quietneſs of the whole eſtates within this Country, and the diſappointing of the expectation of the adverſaries, Would publish by open proclamation the good ſucceſſe of this preſent convention, Together with the declaration of your Ma^s intention uttered by your ſelfe at this time in preſence of your Eſtates, Declaring your good will, to maintain the true religion preſently profeſſed within your Country, with the diſciplin adjoyned thereunto, and the Miniſters to whom the charge of the ſame is committed; And to declare, that your Majeſties will is, that whatſoever law, Act or proclamation hath been made prejudiciall to the ſame, shall be eſteemed contrary to your Majeſties meaning, and to have no force nor effect in any time hereafter; And that none of your ſubjects pretend under color thereof, to moleſt or trouble any of the ſaids Miniſters, but that they be under your Majeſties protection, And that you will eſteem the controveeners as troublers of your eſta…e, and punish them accordingly. 2. That all Papiſts, Jeſuits and excommunicates remaining within the Countrey, be charged to paſſe out of it before May 1. next, or to ſatiſfy the Church: and if they obey not before that day, that Sherifs, Proveſts and Bailives be commanded to apprehend them within their bounds, and preſent them unto your Ma. or Counſell, to be punished according to lawes; And if theſe be negligent in apprehending them, that commſſion be given to certain moſt zealous perſons and willing to do the ſame. 3. That it may pleaſe your Majeſty according to your wonted clemency, to relaxe preſently the Miniſters of Edinb. from the horn, and ſuffer them peaceably to remain within the Country; as alſo to relieve and ſet at freedom the Gentle men Profeſſors of Religion, who now are under challenge, ſeing your Majeſty knowes, that their love to Religion moved them to theſe things, where with they are burdened. 4. Seing Edinburgh hath that honor, to be the chief Burgh of this country, and the place where Religion ſince the beginning hath been moſt florishing, and now are both deſtitute of their own Miniſters, and called from time to time before your Majeſty, which is no ſmall grief to their hearts, in reſpect, your Majeſty knowes, that the greateſt part of the Town are moſt willing, to give your Majeſty all obedience, p. 535and to hazard life and ſubſtance for your Majeſties ſtanding, That it may pleaſe your Majeſty favorably to deal with them according to your accuſtomed gentleneſs, that it may appeare, your Majeſty is more enclined to shew favor unto them who mean uprightly unto your Hieneſs, than to Papiſts: wee are moved to crave this, that all your ſubjects may ſee a generall agreement. 5. That it may pleaſe your Majeſty, ſeeing David Black hath obeyed the things were enjoyned unto him, to give him lyberty to return to his flock, and alſo John Welsh, and John Howeſon. 6. Becauſe many complaints of hurting & mutilating Miniſters, are given in before us, namely......We moſt humbly crave, that your Majeſty will take ſome ſubſtantiall order for punishing the offenders to the example of others. 7. That proviſion be made for planting of Churches, and that the augmentations and planting of new Churches ordained in the year 1595 be allowed, Follow the anſwers; The firſt is granted in ſubſtance: the 2. is granted: concerning the firſt part of the 3. the Miniſters of Edinburg are ordained to be relaxed upon caution, that they shall underly the law: as for theſe Gentle men, let them by mediation of friends be ſuiters for themſelves. As for the 4. his Majeſty will no way trouble innocent men, but only the guilty, and mindeth to be at a point with them shortly. Concerning the 6. a commiſſion is ordained to call and punish the offenders. And certain perſons are appointed to take order alſwell for planting churches as with the augmentations that are granted. So it is written in the book, B. Spotſwood shewes, that the advice of the deputed Miniſters concerning the 13. articles was conceived by them otherwiſe, as. 1. They held it not expedient to make any law or Act of that matter, leſt a door be opened to turbulent ſpirits, otherwiſe they did think it lawfull to his Majeſty by himſelf or by his Commiſſioners to propound in a Gen. aſſembly, what ſoever point his Majeſty deſired to be reſolved in or to be reformed in ſpecie externi ordinis ſeing ſubſtantia externae adminiſtrationis Ecceleſiaſticae eſt pleniſſime prodita inſacris literis......For the. 2. Their advice was, that that the Acts already made, which are hurtfull to religion, and prejudiciall to the liberty of the word should be diſcharged, and no Act to be paſt hereafter concerning religion without advice & conſent of the Church; As for matters of Eſtate mentioned in the article, they craved a further explanation of that point. He goeth on in the reſt of them, in that manner: and he ſaith, that the King held not theſe ſufficient: and a little after, he ſaith, Hereupon enſued a reaſoning, which keeped a long time, and ended in good agreement, and ſo the Miniſters were dimitted [to wit, from the Counſell] and aſſembling in the ordinary place, they corrected their firſt anſwers in this ſort, to wit, as it is written. But how long time that reaſoning did take up, it may be underſtood that the aſſembly did conveen firſt in the church, where the Kings Commiſſioners deſired them to go unto the King; and all the ſpeaches on both ſides, and all the reaſonings were ended before midday; and the ſame day they conveened in their ſixth Seſſion. But the author of The Hiſtoricall Narration ſaith, The advice of the brethren was approved, but again altered through pretended haſte, and otherwiſe conceived, and ſet down in the regiſter: no reaſoning was in publick. Which of the two is to be believed, I leave to decide. The fifth article which the Miniſtry propound unto the King, is not anſwered in the book and B. Spotſwood ſupplieth the third, ſaying, The King eſteemed the Miniſters moſt guilty, and knew not what courſe to take with them. It being replied, that by examinations taken, it appeared, that they all; p. 536eſpecially Robert Bruce was a chief inſtrument in ſtaying the tumult, and therefore they should be rewarded rather than punished. He anſwered, Granting they did ſtay the tumult, yet they were the cauſe of it, and if they were they were firſt corrected for that fault, he would not be much troubled with their reward: not the leſs at theaſſemblies requeſt, he will be contenr they be relaxed upon caution to underly tryall of law And in the next page he ſaith, The Miniſters were permitted to return, and had their peace granted, but not ſuffered to preach in their places; the King taking now the occaſion of finishing the work, which ſome two years before had been moved, for diſtributing the people [of Edinburgh] into ſeverall parishes, and planting moe Miniſters among them. Here I add a remarkable compariſon of preceeding Aſſemblies with this and others following, as it is word by word in The Hiſt. Narr. 1. Before the ſpiritual A compariſon of Aſſembliesoffice-bearers appointed time and place of meeting; after, they were appointed where & when it pleaſed the King. 2. They were directed by the word of God; after, by the Kings letters, commiſſions or ſpeaches. 3. Before, matters were propounded in ſimplicity of heart, and brethren were directed to ſeek light out of the word by conference, meditation, prayer; after, courſes were plotted in the Kings Cabinet, and all meanes were uſed for execution accordingly, and impediments removed: every man is obſerved, and either commended or cenſured, as, this man is the Kings man, an honeſt man, a diſcreet man, a peaceable man, he goeth this way; That man is ſeditious, brain ſick, factious, he reaſoneth in the contrary. 4. Before, matters were diſcuſſed at length, pleaſantly, without contrrolement, and the wholl number acquieſced to reaſon; Now, if a man that ſtands for the truth inſiſt, and can not be shifted with a frivolous diſtinguo, the King (if he be preſent) falleth upon him, beares him down, and puts him to ſilence. 5. Before, the common aim was at Gods glory, and the good of the Church: the preſence of ſuch as were learned, zealous, holy and powerfull preachers procured good order & reverence to the Aſſembly: Now the Prince's preſence or purpoſe is only regarded: an honeſt man is taunted & mocked either by geſture or ſpeach. 6. Men of beſt gifts (before) had free acceſſe, and their gifts were employd: Now plots are layd down, how none shall have place, but ſuch as will ſerve to the purpoſe. 7. Before, matters were put to deliberation and to voting freely & indifferently; now, nothing is ſuffered to be agitat in publick, but that which the Kings men are ſure to carry with plurality of voices: and to this the catalogue of Commiſſioners names muſt be viewed, that they may know, who will vote with them, and who againſt them; and when the roll is called, the wonted order is not obſerved, but as at this laſt Aſſembly, ſuch are called as favor the courſe. 8. In a word, the advancement of Chriſts Kingdom was ſought before; now the chief care is to frame & conform the policy of the Church to the eſtate of a free Monarch, and to advance his ſupream and abſolute power in all cauſes. Wee shall have occaſion to point at more in parriculare afterward. The ſame author shewes, that the innocency of the Miniſters of Edinburgh was tryed and found by the tryall of others. D. Black was ſuffered to return out of his confinement to Santandrews. This shew of calmneſs made many the more ſecure: and in the m…an time the plots were a laying. The next Generall aſſembly was held in May at Dundy: when it was lawfully begun by the doctrine of Robert Pont the laſt choſen Moderator, the members were wearied with attending on Robert Rolock's coming, whom the King intended to have Moderator: he was a godly & p. 537Iearned man, but credulous, not ſo fitt for Government and diſciplin as for the pulpit and ſchools; nor was made privy to all the myſteries of iniquity, The 60. Aſſembly.that were then in working, but only ſo far as the plotters thought needfull. His old Maſter, Thomas Buchanan was now wonne to the Kings ſide, and tooned & tutored him as he ſaw fitting: they thought, the eſtimation men had of him, would enduce many to their courſe: ſo much travell was taken in his election. The Miniſters that were acquainted before, brought others of any note to be acquainted with the King: this was their exerciſe morning & evening. After that terrors and threats were carried to Andrew Melvin to drive him out of the town: the King ſent for him, and after ſome rough conference, was dimitted calmly. So far in that place. Before I enter upon the Acts of this Aſſembly, it is to be marked, that B. Spotſwood ſaith here, In this Aſſembly M^r Robert Rolock was elected to Preſide, thogh he was not as yet in orders. It is doubted, what he meaneth here, ſeing the Chriſtian world knowth, that Robert Rolock was a famous Miniſter many years before that time, as is cleare by his learned Commentaries, namely, that on the Epheſians was published in the year 1590. as the epiſtle in the reprintings do ſtill carry, and the tittle page calleth him Miniſter of Edinburgh: I omitt that he was a member of ſeverall aſſemb. before. Wee may gueſſe at one of two cauſes, why he hath wirtten ſo; one, that he thought impoſition of hands to be the proper work or prerogative of prelats; and ſo where is no prelate, can be no ordination. But by what law? certainly not by a law of God. Where is it? By the ordinance of man, he would ſay. That was not univerſall, before Popery prevailed, as is before in Century XI; nor after the Reformation, as appeares by the Churches of France, Low Germany, Helvetia, &c. and alſo of Scotland, where epiſcopacy was abjured, and alſo condemned by Acts of Parliament, yea and the word Order in that ſenſe is a meer Popish term, never known in the world but ſince they deviſed the degrees of the Catararchy or (as they call it) Hierarchy; yea and the Papiſts hold that impoſition of hands is but accidentary or not neceſſary unto Orders, ſeing our Savior layd not hands on this Apoſtls; as Bellarmin de ordin. ſacram witneſſeth of ſome PP. and Schoolmen judging ſo. For clearing this doubt is a queſtion, Which of theſe two is moſt properly a Paſtor, he that hath not received impoſition of hands, and hath received from Chriſt paſtorall gifts, and a call from a flock, & obeyth the call in feeding that flock conſcienciouſly; Or he that hath received impoſition of hands, and hath the charge of 100 or 200 flocks, and they never ſeek him, nor ſee him, but he waites upon other affaires not belonging to a paſtorall charge? I grant, in the Court of Rome, and in the judgement of Satan, a ceremony is better then ſubſtance. But the queſtion is, Which of the two is the trueſt Paſtor in the ballance of the Sanctuary? Can any conſciencious man think, as the Court of Rome judgeth? Another motive may be thought, that ſince, that Writer was guilty of perjury (for many times had he ſubſcribed that Confeſſion abjuring Hierarchy, and yet took a Prelacy one after another) he could not ſpeak nor write a good word of that diſciplin, into which he had ſworn ſo oft, nor of the maintainers of it, but with ſome ſpight, as appeares throgh all his booke, which he calleth The Hiſtory of the Church of Scotland, but may rather be called, The calumnies and railings againſt the Church of Scotland, whereof he was an enemy, and by which he was juſtly and ſolemly excommunicated in the year 1638. What is in that book, of the faith, doctrine or piety of the Church? Many of theſe calumnies p. 538in this poſthum book, he had written before in a Reply ad Epiſt. Philadelphi, and it was told him in the Vindiciae, that he had written againſt his conſcience: It is, ſaid Pag. 50. Why ſhould one believe a man, who makes not conſcience of his words? And Pag. 56. Whatſoever may have the shew of a reproach, this ingrateſon ſcrapeth together, to ſpue it out against his Mother, the Church. In which words envy, which appeares throughout, vented it ſelf wholly: for what can be ſaid or forged in a Narration more wickedly, than to be ſilent in that which is good, and to proclame what is evill, [or which may make a shew of evill?] And Pag. 67. Should not a Bishop, whe, though he were a Papist, yet should at leaſt have the shaddow of gravity, be ashamed to fain [like a brawling wife] what all men know to be falſe? And becauſe in that pamphlet he had written (as he doeth oft in this later book) that the King applied himſelf (contrary to his mind) unto the will of the Miniſters, it was told him, Pag. 59. What can be ſpoken more vilely and unworthily, againſt the Royall honor, then that he applied his will unto the wicked endeavours of his ſubjects, and looſed the raines unto the boldneſſe and crimes of wicked men? But this is the imprudence (by the juſt judgement of God) of flatterers, that when they wold moſt earneſtly catch, they do most offend. So that in a word, whoſoever regardeth the honorable memory of K. James VI. or the credite of the Church of Scotland, will not believe that book of lies and calumnies. I return unto that Aſſembly. I. The firſt three Seſſions were taken up with the election of a Moderator and Clerk, and one ordinance, that Acts of every Aſſembly should be formed by certain brethren, and be publickly read before the diſſolving of the Aſſembly, and be in-booked. II. The 4. and 5. Seſſions have ſome particulare references. III. In Seſſ. 6. The Commiſſioners that were appointed to deall with the excommunicat Earles, report their diligence ſeverally, and that they ſubmitt themſelves unto the Church in all the preſcribed articles. The Aſſembly ordaines the ſame Commiſſioners to ſee the performance of their promiſes in all the articles, ſo far as poſſibly can be performed for the time; and after performance, to abſolve them from …he Sentence of excommunication, and to receive them into the boſom of the Church. IV. In Seſſ. 7. Notes in form of declaration of certain of the Acts of the G. Aſſ. holden at Perth in Febr. laſt, for explaining his M^s and the Aſſemblie's meaning for the ſatiſfaction of them, which were not acquainted therewith, and which are ordained to be regiſtred in the Acts of this preſent aſſemb. 1. Concerning the lawfulneſs of the ſaid Aſſ. holden at Perth, it's declared, that one of the reaſons moving the brethren, to acknowledge the lawfulnes of that Aſſ. is found to have been, that the Commiſſioners of the Church had accorded with his Maj. therein, as is expreſſely ſet down in his Maj. Letters. 2. The reaſon moving the Aſſ. to grant the more willingly to the ſecond article concerning the reproving his Maj. lawes, was that his Maj^s earneſt & conſtant affection to the religion, and obedience to the word, was evidently known unto the ſaid Aſſ. and that it was his M^s declared will & intention, alwayes to frame his lawes & wholl Government according to the ſame: for this cauſe the Aſſ. agreeth to the ſaid article. 3. Concerning the article ordaining no mans name to be expreſſed in pulpit, excepting notorious crimes, &c. the point of notoriety is further defined, If the crime be ſo manifeſt and known to the world ut nulla tergiverſatione celari poſſit. 4. Concerning the Article ordaining that no convention of Paſtors bee without his Ma. conſent, &c. His Ma^s conſent is declared to be extended to all and whatſoever form of G. Aſſ. or ſpeciall, permitted & authorized by his law, and as they have warrant in the p. 539word of God; As being the moſt authentick form of conſent, that any King can give. 5. Concerning the article of providing Paſtors to Burghs, It is declared, that the reaſon thereof was & is, that his Majeſty was content and promiſed, that where the Gen. aſſembly findeth it neceſſa…y to place any perſon or perſons in any of the ſaids townes, his Majeſty and the flock shall either give their conſent thereunto, or a ſufficient reaſon of the refuſall, To be propounded either unto the wholl Aſſembly, or to a competent number of the commiſſioners thereof, as his Majeſty shall think expedient. V. Anſwers to the reſt of his Maj^s queſtions, as they were propounded by his Majeſty and his Commiſſioners in the preſent aſſembly. 1. Concerning the propoſitions craving that before the concluſion of any weighty matters …oncerning the eſtate of his Hieneſs or of his ſubjects, his Ma^s advice & approbation be craved thereunto, that the ſame being approved by his Ma. may have the better execution, and if need require, be authorized by law; the aſſembly craves moſt humbly, that his Ma. either by himſelfe or his Commiſſioners, in matters concerning his eſtate or the wholl eſtate of his ſubjects, and others of great weight & importance, that have not been treared before, would give his advice and approbation thereunto, before any concluſion of the ſame; And for the better obedience to be given to the like ſtatutes in all time coming, that his Majeſty would ratify the ſame either by Act of Parliament or Secret Counſell, as shall be thought needfull. The which his Majeſty promiſeth to do, according to his propoſition: which was accepted and allowed by the wholl aſſembly. 2. The Aſſembly ordaines that there be an uniformity in the ordination of Miniſters throghout all the Country by impoſition of hands: and that they be admitted to certain flocks, upon the which they shall be aſtricted to attend according to Acts of Aſſemblies made before; And ordaines that none who is not admitted to the Miniſtry, be permitted to teach in publick and great places, except upon very urgent neceſſity in defect of actuall Miniſters they be ordained to ſupply ſuch wants, by the preſbyteries, provinciall or generall aſſemblies: who shall take diligent order, that they keep themſelves within the bounds of their gift, and ſpecially in application. 3. That no Paſtor exerce any juriſdiction either in making conſtitutions, or leading proceſs without advice & concurrence of Seſſion, Preſbitery, Provinciall or Generall Aſſembly. 4. That all Seſſions be elected with conſent of their own congregations. 5. That all Seſſions, Presbyteries and Provincialls uſe ſuch form in all their proceſſes, as may be found lawfull & formall, and able to abide tryall: the which shall be regiſtred in matters of importance: And to this effect ordaines the proceedings of privat Seſſions to be ſighted at Presbyteries; and the proceedings of Presbyteries at the Provinciall Synods, and the proceedings of the Synods at the Generall Aſſemblies. 6. That in the Exerciſe, when the Miniſtry are conveened at their Preſbyteries, no application be uſed. 7. That in the determination of matters of importance, where the votes shall be different upon two or three only, nothing be concluded, till better reſolution; and that in ſuch difference he who ſuſtaines the negative, shall give Rationem negandi. 8. The Preſbyteries shall meddle with nothing in their judicatory, which shall not befound without controverſy proper to the Eccleſiaſticall judgement; and that in this an uniformity be keept in all the Countrey. 9. That all proceſſes and acts be extracted unto all parties having intereſt, where is a written proceſs. 10. Aſſembly delayes to anſwer the article concerning p. 540ſummary excommunication, untill the next Generall Aſſembly; and in the mean time ſuſpends all ſummary excommunication; Yet in great crimes, a publick intimation thereof is to be made, and the committer is to be ſuſpended à ſacris, and prohibited à privato convictu. 11. If any Presbytery shall be deſired by his Majeſties miſſive to ſtay the proceeding of any thing prejudiciall to the Civill Juriſdictions or privat mens right, it is ordained, that the Preſbytery shall deſiſt in that matter, untill they ſend unto his Majeſty for his ſatisfaction therein. VI. In Seſſ. 9. The king being preſent declares, that ſeing the shortneſs of time hindreth ſundry things of weight not only concerning particular flocks, but the eſtate of the wholl Church, as the planting of particular congregations, and of all the Churches remaining as yet unplanted in default of honeſt entertainment, and a ſolid order to be taken for the ſuſtentation of all the Miniſtry, that they be not compelled (as heretofore) to wait upon the Modifiers of ſtipends, and his care and earneſt deſire ever hath been, and as yet continues, that every Church may have a Paſtor honeſtly ſuſtained; Therefore he willeth them to conſider, whither it be not expedient, that a generall commiſſion be granted to certain brethren to conveen with his Majeſty for effectuating the premiſſes. For this end fourteen Miniſters, are named, or any ſeven of them, to conveen with his Majeſty and to make ſuch Overtures, as they can beſt deviſe concerning the conſtant Plat; and generally to give their advice to his Majeſty in all affaires concerning the well of the Church, and entertainment of peace, and obedience to his Majeſty with expreſſe power & command to them, to propound unto his Majeſty the petitions & grievances of the Church in generall, and of every member thereof, as shall be shewd unto them Promitten, &c. VII. A ſupplication of John Retorford, who was depoſed by the preſbytery of Santand. was referred by the preceeding aſſembly unto this; and now is referred unto the above mentioned commiſſioners or any ſeven of shem, to be examined and decided. VIII. James wood of Bonitoun craves a conference in matters of religion; and that the aſſembly would interceed betwixt his father and him, as he profeſſes to give all ſatiſfaction both to them and his father, that he may be abſolved from excommunication. The aſſembly appointes certain brethren to deale both with him, and then with his father. IX. The next Aſſembly is appointed at Sterline the firſt tuyſday of May 1598. It is clear by the firſt Act of this Aſſembly, and by the Notes of declaration, that this Aſſembly was not content with the booking of the former Acts. II. By the gratious providence of God … plot was diſcovered in the ſame monethmonth of May: Hugh Barclay of Lady-land been committed the year preceeding in the caſtle of Glaſgow, and eſcaping went to Spain, that year entred into the Iſle Elſa with ſome complices, intending to fortify it for the ſervice of Spain▪ John Knox getting intelligence went with ſome others into the Iſle: Hugh thought that none in the Countrey knew of his purpoſe, and all his folks being abroad in the Iſle, came to ſee who theſe were, and when he perceived, that they were ſet for apprehending him, he ran into the ſea, and drowned himſelf. The Popish Earles hearing this newes, did the more readily perform obedience unto the articles that were demanded of them. And this shewes that the fear of the former year was not altogether vain. III. Concerning this generall Commiſſion, The The first ſtep of bringingin Epiſcopacy againHiſtoricall Narration obſerveth, that whereas before Commiſſioners were appointed to preſent articles, petitions or grievances unto the King Parliament and Counſell, now theſe have commiſſion to ſit with the King p. 541and exerce juriſdiction, and they having acceſſe unto the King when they pleaſed, and commiſſion to ſit and conſult with him, began to change their manners: they would rule both in and out of Aſſemblies. Matters which were to be treated in the Generall aſſemblies, were firſt prepared by them at Court, Some were put in the roll for fashion; and were not made privy to the ſecret plots: for ſeven were ſufficient …o ſite and plot what they pleaſed. So theſe Commiſſioners were a wedge taken out of the Church, to rent her with her own forces; and this generall commiſſion was the very needle to drawe-in epiſcopacy. In Juny following theſe conveeening with the King at Falkland reduced the Sentence of depoſition pronounced by the Preſbytery of Santandrews againſt John retorford for non reſidency and not waiting on his calling, but practizing Medicine, In July they removed David Black out of Santand. and placed George gladſtanes in his roome, who was one of theſe commiſſioners, and thereafter B. of Santandr. They diſplaced alſo Robert Wallace another Min. there, becauſe he had ſpoken againſt John Lindſay Secretary; and this they did againſt the will of the preſbytery, alledging, that they had not power to take away any action from them which was in proceſs, and not decided. They made alſo a Viſitation of the Colledges, and made new canones concerning the election of the Rector, and his continuance to be but for a year; and the exemption Anothe… ſtep was the vote in Perliament.of all the Maſters from the Church Seſſion. Concerning the next ſtepp unto Prelacy (which was the vote in Parliament) The Hiſtoricall Narration ſaith, At the Parliament in December 1597. the workmen for Epiſcopacy, the commiſſioners of the Aſſembly preſented a petition in name of the church that Miniſters may have vote in Parliament. They had not commiſſion to petition it either for the Church in generall, or for Miniſters in particulare. It is true, it was an old complaint of the Generall aſſemblies, that others, who had the Benefices of the Prelacies did vote in Parliament in name of the Church, and therefore they petitioned, that none do vote in name of the Church, but they who shall have commiſſion from the Church, if there were any neceſſity, that ſome muſt vote in name of the Church, but that Miniſters in particula…e should vote in Parliament, was not petitioned. The Aſſembly in October 1581. being required by the King to give ſome Overture, how he shall not be prejudged, ſeing they have damned the office of Bishops, whereunto is annexed a temporall juriſdiction, by whom the Prince was ſerved by voting in Parliament, aſſiſting in Counſell, contributing in taxations, and the like: Thretty Barons and Commiſſioners from Burrous and Miniſters, were appointed to conſult apart upon it. After conſultation they returned to the Aſſembly with this Overture; that for voting in Parliament and aſſiſting in Counſell, commiſſioners from the Generall aſſembly shall ſupply the place of Prelates, as for exercing criminall and Civill juriſdiction, the head Bailives may exerce it. The Aſſembly allowed the Overture, but did not determin to ſend commiſſioners for that effect. When the ſame queſtion was propounded by the Convention of Eſtates in Octob. 1582. anſwer was returned from the aſſembly, that they would not conſent, any should vote, but they who bear office in the Church, and were authorized with commiſſion from the Church: but they did not determin, whither Min. or Barons or Burgeſſes who were Elders. The Aſſembly in May 1592. enjoined every brother to conſider whither Miniſter may vote in Parliament in place of the old Prelates: but no concluſion was reſolved-upon. So the Aſſemblies were never earneſt for vote in Parliament, but complained, that p. 542the Lords which had the abbacies. priories and Bishopricks, voted in name of the Church, by whom the Church was damnified in ſufficient maintenance for the Service of God, or anſwered to the King complaining for the want of the third Eſtate. But the ground is not right, that of neceſſity the Church muſt be an Eſtate of Parliament: for by the Church is meaned either the Miniſtry only according to the Popish ſenſe, taking the Clergy only for the Church; Ot the Miniſtry together with the commonality of Profeſſors, which is the right acceptation of the word: Miniſters may not lawfully ſit as members in Parliament, becauſe the Parliament is a Civile Court or great Counſell conveened for making Lawes concerning rights of inheritances, weights and meaſures, forfeitures, loſſe of limbs or life and the like, whereof Miniſters should not make lawes, ſeing they are ſet apart to preach the goſpell, &c, And howbeit Church-affaires or matters of religion be ſomtime treated in Parliament, yet it is a Civile aſſembly, and their proceeding or ſanction of ſuch lawes is Civile. If yee will comprehend all the p…ofeſſors or members of the Church under the name of the Church; then all the ſubjects within the kingdom shall make but the third Eſtate; or the wholl Country is but a part of the Parliament. Moreover the ſubjects being conſidered materially, they are the ſame perſons both in the Church and Commonwealth; but conſidered with diverſe reſpects, they are diſtinguished formally: as citizens of the Kingdom, their body is repreſented in Parliament; as members of the Church, they should medle only with things ſpirituall in their Judicatories and Councells. The truth is; None voteth in Parliament in name of the Church or as eccleſiaſticall perſons, but only as Barons or in reſpect of the Baronies annexed to the Bishoprick, abbacy or priory. So that if prelates were not Barons, the Church would have no vote. I grant, Miniſters may be preſent at Parliaments, but with the book of God in their hands, if they be required in any doubt; nor should the Eſtates make any Act eoncerning religion without the advice and conſent of her repreſentative Body: but Miniſters should not be members of that Court, nor none other in name of the Church. The Noble men, who poſſeſſed the great How it was carried.Benefices, and ſo many others, as they could move to aſſiſt them, oppoſed this vote: but by the Kings earneſt dealing with ſundries, it was granted, that ſo many as his Majeſty shall provide to the office, place title & dignity of Bishop, abbot or other prelate shall at all times have vote in parliament. It was thought, no honeſt man in the Miniſtry would accept theſe titles & dignities; and the Eſtates were the more liberall in their grant. The conſideration of the office was remitted to the conſultation & agreement of the King & generall aſſembly, but expreſſely without prejudice of the Juriſdiction & diſciplin of the Church in Generall or Provinciall aſſemblies, preſbyteries & Seſſions. But what office of Bishop, abbot or prior should be, and not prejudiciall to the diſciplin of the Church, is hard to determin. The Commiſſioners, as if they had procured a great benefite to the Church, ſent their Miſſives to the presbyteries, to inform them, with what difficulty they had obtained this, and what danger was in delay: and therefore had anticipate the time of the Aſſembly, and with the Kings conſent had appointed it to be holden the ſeventh of March. Under fair pretenſes the diets appointed by ordinary aſſemblies were altered, and either anticipated to ſurprize men, or prorogated till they had prepared perſons, or dreſſed purpoſes, till at laſt the whole liberty of appointing any diet at all, was reft out of their hands. In the Miſſives they p. 543inform lykewiſe what order was taken for the Plat and proviſion of ſtipends, to make the other point the more acceptable.

XXXVI. Nevertheleſs, the judicious and ſinceerer ſort of the Miniſtry 1598.diſcover the Myſtery of iniquity lurking in this pretended benefite of Miniſters-vote in Parliament, at the Synode eſpecially of Lothian and Fife about the end of February. In the Synod of Fife David Ferguſon (the antienteſt Miniſter of Scotland) had a diſcourſe of the travell and paines taken by the Miniſtry, to purge this Church from the corrupt eſtate of Bishops: But now (ſayd he) I perceive a purpoſe to erect it again: I can compare the manner of bringing it in to nothing more fitly than to that which the Greeks deviſed for the overthrow of Troy, by trimming up a brave horſe, and by a crafty Sinon perſuading them to demolish a part of their walls with their own hands, to receive that for their honor & wellfare, which ſerved to their utter wreck & deſtruction: therefore he would with the two brethren, which had already given warning, cry, Equo ne credite Teucri. John Davidſon being there occaſionally, ſayd, Busk him als bonily as yee can, and bring him als fairly as yee will, wee ſee him well enough: ſee how he ſets up the horns of his miter. Sir Patrick Murray had been directed to this Synod from the King, and a miſſive was ſent from Commiſſioners of the Generall Aſſembly, perſuading to accept ſo great a benefite, which was procured with great difficulty. The greateſt number were enclining, untill Andrew and James Melvines began to forewarn The black Saturday.them of the danger. On Saturday, February 25. was that fearfull Eclipſe of the Sun; which continued the ſpace of two houres, ſo fearfull, that that Saturday is yet called by the people The Black Saturday; a prognoſtick (as the time gave occaſion to interprete) of that darknes falling upon the Church. The Generall Aſſembly conveenes at Dundy March 7. Peter Blackburn is Choſen Moderator. I. The Miniſters that were appointed to deal with the excommunicated Earles give-in their diligence in write; The 61. Aſſembly.their proceeding & abſolution of the Earles, are allowed, II. The Commiſſioners that were appointed to plant Churches, produce a book containing all their proceedings; and becauſe ſome Miniſters took exceptions againſt their proceedings, 25 Miniſters were appointed to hear the reaſons on both ſides, and report unto the Aſſembly. In Seſſ. 6. The Aſſembly ratifieth what the Commiſſioners had done in planting the Miniſtry of Santandr. and in the examination of the depoſition of John Retorford: and further ordaines Robert Walace to be relaxed from the ſuſpenſion of his Miniſtry, pronounced by them (he ſatisfying the L. Secretary by the advice of David Lindſay, Robert Bruce & Robert Rolock) that he may be placed where the Church shall think beſt. In Seſſ. 7. They which were appointed to hear the exceptions againſt the Commiſſioners, declare, that they had heard the grievances made by the Synod of Lothian; as alſo the anſwers thereunto; and they thought it expedient, that both the grievances and the anſwers were buried. The Aſſembly ordaines them both to be read in publick audience; and then do vote, and conclude, that the proceedings of the Commiſſioners shall ſtand, but the grievances and the anſwers to be buried for continuance of quietnes in the Church. In Seſſ. 8. For better execution of their proceedings in Lothian, the Aſſembly ordaines eight Miniſters, or any five of them to conveen with his Majeſty and put into execution their decreet of planting Edinburgh, and place Miniſters at their particulare flocks; Ordaining alſo the Miniſters of Edinburgh to obey their decreet, by accepting every one of them their particular p. 544flock, Under the pain of deprivation; and in that caſe ordaines theſe Commiſſioners to plant the Churches of Edinburgh with other Miniſters; And in the mean time, untill theſe Commiſſioners shall conveen for perſorming the premiſſes, the Miniſters of Edinburgh shall continue in their function. IV, In Seſſ. 4. Grievances were propounded unto the King; 1. Craving relief of the preſent taxation unto ſuch Miniſters, which poſſeſſe ſmall Benefices within 300 Marks. 2. Craving generally for the wholl Miniſtry, that they be not troubled with taxations in time coming, but that the Collectors charge the tacks-men immediatly, who are tied to relieve the Miniſters, becauſe otherwiſe Miniſters are averted from their callings, and it breedeth grudges betwixt them and their parishoners. 3. Craving for remedy of abuſes in burying, that an Act of Parliament may be made for diſcharging buriall within churches. 4. That redreſs be made of adulterous mariages, where adulterers being both divorced crave to be joyned in mariage again. 5. Craving what order shall be taken in relaxing murderers from excommunication, when they are relaxed from the horn, and ſatiſfy not the party, which is a token of no repentance. 6. to adviſe whither the carrying of profeſſed witches from town to town, to try witchcraft in others, be a lawfull tryall of witchcraft. 7. To lament the great abuſe which a late Act of Parliament hath brought into the Church, by giving licence unto Patrones, to poſſeſs the frutes of the Benefice, if he preſent a qualified man, and the ſame man is not admitted by the Church: under color of which Act, they do preſent a qualified man, and have him ſworn to ſet a tack of the fruits of the Benefice unto the Patron: and ſo albeit the man be qualified, yet the Preſbytery can not admitt him for the foreſaid impediment: whereby the Patron lifteth the fruits, and the Church is deſtitute▪ In Seſſ. 5. the King being preſent anſwereth, that for the firſt four and the ſeventh, petitions be given unto the Parliament, and he will hold hand with them; Concerning murderers, he declares that where any is relaxed, it is upon caution, to underly the law: and therefore the church may continue their cenſures againſt ſuch a man, and deny him any benefit of the Church, untill they ſee evident repentance, and the party ſatiſfied, and thereupon he may obtain a full remiſſion. Concerning that tryall by witches, it is ordained by the laſt Parliament, that certain perſons shall take order therein. VI. It is ordained; that no marriage be confirmed without proclamation of their bans, Under pain of the depoſition of the Miniſter controveening, and the parties to make publick repentance for ſatiſfying the Church. VII. It is ordained, that no pictures or images be carried at burialls, Under pain of Eccleſiaſticall cenſures. VIII. Becauſe ſome beneficed men ſet tacks to the prejudice of the Church, and then ſeek tranſportation to another, It is ordained that none shall obtain tranſporcation untill it be tryed, whether he hath dilapidat his Benefice. IX▪ Overtures are deviſed concerning the Plat. X. In Seſſ. 10. Becauſe ſome brethren were deſirous to know the Kings mind towards ſome of the Miniſtry, eſpecially of Edinburgh in reſpect of theſe accidents within theſe two years, his Majeſty gives all to underſtr…d, that he is ſatiſfied with them, and that theſe accidents shall not be remembred by him, but that neither He nor they shall call any of them to remembrance in private nor publick ſpeaches: unto this the Miniſters alſo willingly conſent. XI. Upon motion made by the King, the Aſſembly gives full power and commiſſion unto nineteen Miniſters together with the Miniſters of the King and Prince's p. 545houſes, or any nine of them, To conveen with his Majeſty at ſuch time and place, as he shall appoint, for ſetting down a ſolid ground of the conſtant Plat, To plant ſufficient Miniſters in the Principall burghs, where they vaik or shall vaik; and to wait upon the Parliament if any shall bee, and give-in their grievances; And to give their advice unto his Majeſty for avoiding any danger which may likely fall out in prejudice of the Church; as alſo if his Majeſty find him grieved, or crave redreſs of any enormity done by any Mini. that they or any nyne of them shall ſit and cognoſce upon the matter with the advice of ſome of the diſcreeteſt of the preſbtery where the offender dwelleth, as they shall tkink expedient; Finally with power to propound unto his Majeſty at there conventions all the petitions both of the Aſſembly in Generall and of every member, as shal be meaned unto them. Concerning this part of their power to cenſure Miniſters, the King declares, that howbeit it be generall, yet he intends nor to trouble the Commiſſioners with any ſuch cauſes, unleſs firſt it be notoriouſly known, that the Preſbytery, where the offender shall dwell, hath both known the fact, and hath altogether neglected the tryall of it, or ſatiſfyeth not his Majeſty with the punishment of the offender. XII. In Seſſ. 11. Forſomuch as the Commiſſioners of the laſt aſſembly had upon an earneſt zeal, which they did always bear to the good of the Church, given-in certain articles unto the late Parliament in December, concerning the liberty of the Church, and ſpecially had craved, that the Miniſtry as repreſenting the true Church of God within this realm, and ſo being the third Eſtate of the realm, might have vote in Parliament, according to the laudable Acts & conſtitutions made before in Parliament, in favors of the freedom of the holy Church: Which their travells & endeavours proceeding upon a godly intention, they now ſubmitt unto the cenſure of the Aſſembly, deſiring the brethren to allow or diſallow the ſame, as they shall think moſt expedient to the glory of God and eſtablishing true religion within this realm. Whereupon the brethren being adviſed, allowed the honeſt and godly intention of the Commiſſioners, as conform & agreeing with ſundry acts of other aſſemblies, in which it hath been found expedient, that the Church should vote in Parliament. Then the King willing to declare his good intention, that he hath always to the eſtablishing of the true Church of God, declared that for the better performance thereof, he had aſſiſted the Commiſſioners in craving vote in Parliament, which their ſuit albeit in ſome part and in a certain manner granted by the Parliament, yet the aceptation thereof, the form and all the circumſtances of the perſons were reſerved to the Generall aſſembly, to be accepted or refuſed, as the Church shall think expedient; And ſeing he had anticipated the appointed time of the Aſſembly, and deſired the brethren to conveen at this preſent time eſpecially for the cauſe foreſaid, therefore he deſireth that the brethren would enter into a particular conſideration of all the points of the ſaid Act; and firſt to reaſon in publick audience, Whither it be lawfull & expedient, that the Miniſtry as repreſenting the Church within this realm, should have vote in Parliament, or not? This queſtion being debated in utramque partem…, and thereafter voted: the Aſſembly concludes, that it is neceſſary & expedient for the well of the Church, that the Miniſtry as the third Eſtate of this realm in name of the Church have vote in Parliament. In Seſſ. 12. Concerning the number of Miniſters who shall have vote in Parliament, it is likeways concluded, that al… many of them should be cho…en, as were wont to be in time of the Papiſticall Church, to wit, p. 546Bishops, abbots & priors, 51. or thereby, 3. After reaſoning it was voted & concluded, that the election of theſe who shall have vote, should be of a mixed quality, and appertain partly unto the King and partly unto the Church. 4, And becauſe for shortneſs of time the brethren can not be preſently reſolved concerning the office of him that shall have vote in Parliament, to wit, de modo eligendi; of his rent, of the continuance of his office, whither ad poenam or not; of his name; of the cautions for preſervation of him from corruption; and ſuch other circumſtances; therefore the Aſſembly ordaines every Preſbytery to be ripely adviſed in the particulare heads, and then to convocat their Synods throgh all the Countrey upon one day, which shall bee the firſt tuyſday of Juny next, and there after new reaſoning upon theſe heads, that every Synod chuſe three of the wiſeſt of their number, who shall be ready upon his Majeſties advertiſement (which shall be upon a months warning at the leaſt) to conveen with his Majeſty together with the Doctors of the Vniverſities, viz. An. Melvin, John Johnſton, Ro. Rolock, Pa. Sharp Ro. Howy, Ro. Wilky & Ja. Martin, at day & place as his Majeſty shall think expedient, With power to them to treat, reaſon and confer upon theſe heads and others appertaining thereunto; and in caſe of agreement and uniformity of opinions, to vote & conclude all the queſtions concerning vote in Parliament: but in caſe of variance, to refer the concluſion unto the next Generall aſſembly. XIII. It is ordained, that every presytery shall aſſemble themſelves once every week in their full number, at leaſt ſo many of them as have their reſidence within eight myles to the place of their ordinary meeting. 2. That every member of the presbytery ſtudy the text whereupon the Exerciſe is to be made. 3. That a common head of Religion be treated every month in every presbytery both by way of diſcourſe and diſputation. 4. That every paſtor have a weekly exerciſe of inſtruction & examination of a part of his congregation in the Catechiſm. All theſe heads are ordained to be obſerved under the pain of incurring the cenſures of the Church. XIV. Concerning the proteſtation given by John Davidſon for himſelf and in name of other brethren (as he alledgeth) proteſting that this preſent Aſſembly is not free: which his proteſtation he craved to be inſert in the booke of the Aſſemblies; It being enquired by the Moderator; If any would adhere unto that proteſtation; none was found that would adhere unto it, nor was of his opinion there-in: and therefore the brethren diſcharge the clerk to inſert it. XV. Becauſe the queſtion of ſummary excommunication for lack of time can not now be commodiouſly treated, It is delayd unto the next Aſſembly; and in the mean time all ſummary excommunication is ſuſpended. XVI. Becauſe a certain The number of members.number of Commiſſioners from each Presbytery unto the Generall Aſſembly, hath not been preſcribed, it is ordained that three of the wiſeſt and graveſt of the brethren (at the moſt) shall be directed from every presbytery: and that none preſume to come without commiſſion, except they have a ſpeciall complaint, And that the Clerk take heed to receive no mo in commiſſion but three; And that one be directed from eyery Presbytery; in name of Barons, and one out of every burgh, excep Edinburgh which shall have power to direct two Commiſſioners, VII. Becauſe it is reported, that nothwithſtanding the Acts made againſt ſailers and traffickers with Spain, that trafficking is not intermitted, It is ordained, that the former acts be put to execution without reſpect of perſons. XVIII. It is ordained, that the Presbyteries of Dundy & Arbroth ſummon before them the Ladies p. 547of Huntly, Suderland and Caitnes, to ſubſcribe the Confeſſion of faith, Under the pain of excommunication: which ſummons shall be executed by a Miniſter (named) in the ſeverall Provinces. XIX. The next Aſſembly shall be at Aberdien the firſt thuyſday of Iuly 1599. The Hiſt. Narr. hath ſome obſervations on this Aſſem. 1. The Aſſeſſors or Privy conference were named by the King. I will not inſiſt to gather the changes of this which was called The privy conference: ſome what hath been marked before. 2. Nothing of moment was done the firſt two dayes; but Miniſters were brought unto the King from morning till late atnight, and voters were procured to the vote in Parliament. 3. Andrew Melvin was commanded firſt to keep his lodging; and upon the ninth day he and John Johnſton a profeſſor of Divinity in Santand were charged to depart out of the town, Under pain of horning. 4. Some Preſbyteries gave-in their grievances againſt the Commiſſioners: ſuch altercations were not heard before at any time in our aſſemblies. Papiſts and Politicians took their paſtime, and gathered matter of calumny: but the King fearing that the main purpoſe could not ſucceed that way, labored to have the grievances buried; and to pleaſe the Miniſtry he promiſed to travell with the tacks-men of the tyths for augmentation of ſtipends. 5. A week was ſpent before the cheif point was propounded, To weary the Miniſters coming from the farreſt parts, that after the departure of ſome, they (detaining their own adherents) might the more eaſily come to their purpoſe. 6. The King in Seſſ. 10. declared how great care he had to adorn & benefite the church, and to reſtore her patrimony, and for effectuating this, it was needfull, thar Miniſters have vote in Parliament, without which the church can not be vindicated from poverty & contempt. I minde not (ſaid he) to bring-in Papiſticall or English Bishops, but only to have the beſt & wiſeſt of the Miniſtry appointed by the gene. aſſembly to have place in counſell and Parliament, to ſit upon their own matters, and not to ſtand always at the door like poor ſupplicants, deſpiſed and nothing regarded. Some of the commiſſioners ſpoke to the ſame purpoſe. Nevertheleſs there was sharp and hote reaſoning in the eleventh Seſſion againſt that vote. Robert Bruce, Ja. Melvin, John Carmichell, John Davidſon, William aird and ſome others oppugned. The King did commend Iohn carmichell for his acuteneſſ. Iames melvin's reaſons are extant in The courſe of conformity. But what can reaſon availe, where authority ſwayed the matter, and votes were procured before hand? Beſides the point was made ſo plauſible to the wordly minded, that they thought it the only mean to recover the Church-rents. Some were ſo ſimple, that they could not ſee the bad conſequents. The negative voters were overcome by ten votes, and had overcom the affirmative, if Barons not having commiſſion had not been demanded to give votes alſo. And even then ſome who conſented, that the Church should have vote, would have had Elders, as Barons and Burgeſses, choſen by the Aſſembly to be the Commiſſioners. Others were content to accept it upon whatſoever conditions. When John Davidſon's vote was asked, he deſired them no… to be ſudden in ſo weighty matters. One ſaid, The title Lord could not be denied to him who ſits in Parliament, and hath maintenance anſuerable to that dignity. John Davidſon then ſaid, See yee not brethren, how bonily the Bishop beginneth to creep out? nov…s et palliatus Epiſcopus. The King and many others fell a laughing; So light account made they of the matter. But he proceeding ſaid, Have we not done much, that have ſtriven ſo long time againſt that corrupt eſtate, to bring forth now ſuch a p. 548birth? The deceitfull workers wold extenuate the matter, and cover their proceedings, as if no ſuch thing were intended. 7. The King & Commiſſioners had framed ſome cautions to incloſe the Voter, that albeit he becom never ſo wild, yet he shall not turn into an English or Popish Bishop; to the end, he might be the more eaſily embraced: but when theſe were read, they perceived it, and many began to skar, which had aſſented to the main point: therefore theſe were referred to be adviſed upon. 8. Andrew melvin & John Johnſton were debarred, when the main point was to be reaſoned and voted, but were permitted to be preſent at the appointed meeting, where no power was granted to conclude, but in caſe of univerſall agreement; to the end, their reaſons might be known before the next aſſembly, and then shifted or ſuppreſſed. 9. The Synods were appointed to conveen all in one day, that one should not know what another had done, or receive light from another. Then he ſhewes what followed. 1. The Commiſſioners to plant Miniſters in the ſeverall quarters of Edinburgh wrought great vexation to Robert Bruce in Aprile and May: he had been Miniſter there elleven years, and when he was to accept a part of the town with Ja. balfour, they preſſe him with impoſition of hands. Leſt it might ſeem that he had run unſent all the former years, he refuſeth to accept impoſition of hands as a ceremony of ordination or of entring into the Miniſtry; but was content to receive it as a ſigne of confirmation, if they would give in writ their declaration thereupon: which after great debate they gave at laſt. This ceremony before was held indifferent, but then was urged as neceſſary, becauſe they were laying the foundation of epiſcopacy, thogh in words and outward profeſſion they denied it. 2. William melvin a Senator of the Colledge of juſtice and Sir Patrick murray were directed by the King unto the Synod of Fife in Juny. Theſe A Policy in voting.were carefull to have three choſen for the appointed Conference, which favored the Kings courſe, By the advice of their favourers, a number of the moſt oppoſite were put upon the leets, to the end, the votes of them, which were ſo affected, might be divided; where as the votes of ſuch as were wrought upon, were layd upon three only. So Thomas Buchanan, Ge. Gladſtones and Iohn fairfull were choſen: which when the other part (that were the greateſt part) perceived, they would yeeld to no other commiſſion, but to report faithfully the judgement of the Synod, to reaſon, vote and conclude nothing but according to it. 3. The Commiſſioners from Synods conveen at Falkland Iuly 25. 1598, the King and his adherents found not ſuch advancement of their courſe as they expected. When the opponents could not recall the main point, they labored for the ſtraiter conditions [which follow in the next Aſſembly.] To the end, the particulares may be better dreſſed, the Aſſembly was prorogated by proclamation untill March 1600; as alſo that the King by degrees might bereave the liberty of the Aſſemblies, in appointing their diets.

XXXVII. In July 1599. The King calleth the Commiſſioners of the Generall Aſſembly and ſome others unto Santandrews, and labored for reconciliation among them, and profeſſion of brotherly love: which was not refuſed. But by theſe means the Commiſſioners thought to inſinuate themſelves into their affections, and either to gain them to their courſe, or to blunt the edge of their zeal. It was not perſonall reſpects, or difference of opinions only, which made the alienation of mindes, but plotting againſt the diſcipline, aſpiring to preferment, and vexing of their brethren. In September was the Letter directed un…o the Pope, p. 549for which Secretary Elphinſton was afterward accuſed. In the ſame year and month certain paſſages were extracted by James Melvin out of Baſilicon Doron, and were caſt-in to the Synod of Fife, wherein the Kings intention to abolish the parity of Miniſters, and to erect the eſtate of Bishops was diſcovered. Some few copies of that book were printed at firſt, and theſe were committed to the truſt of ſome few. Iohn Dykes was ſu…pected to have extracted theſe paſſages: therefore the King ſent Francis Bothwell with ſome of the guard to apprehended him: but he withdrew himſelfe for a time, that he might not be compelled to diſcover the extracter. In November a Conference was appointed by the King, to the end, that theſe which were not ſatisfied in the doubts concerning the vote in Parliament, might be reſolved; and ſo a way may be prepared for a peaceable Aſſemhly. The truth is, if he could obtain the unanimous conſent of them, which were called, (as they were the men of chief note in the Church) he was aſſured, their judgement would be followed in the Aſſembly; if not, their reaſons would be made known, anſwers and replies might be prepared, or ſome other meanes deviſed to attain the purpoſe. It was granted unto every one, to argue freely both on the points concluded already, and on the points that are referred unto the Aſſembly. The opponents doe agree unto reaſoning, but with proteſtation, that their reaſoning now shall not be prejudiciall to the next generall aſſembly, and that it shall be free unto them, to add then as they shall be able. They reaſoned pithily againſt the vote of Miniſters in Parliament, againſt the perpetuity of the Voter, and the title of Lord to be given unto them. They foretold alſo what wee ſee and feell tooday (ſaith the Writer) that they would be diſtracted from their calling, that they would break the barrs of all the Caveats; they will vote and reaſon in Parliament as they pleaſe, they will take no limited commiſſion; if they once get the title of Bishops, all the Caveats will not reſtrain them from uſurping Lordship and pr…heminence over their brethren, they will bring from the Court into the Church ſuch behaviour & manners, as they drink there; they will look ſoure, if they want the titles among their brethren that are given them in the Court, where they shall be ſtiled Lords at every word, and poſſeſſing the higheſt places in the realm, they will be avenged on them at the Plat or Court or otherwiſe. If they ſerve the Prince or Eſtate, howbeit againſt the weell of the Church, yet the Prince will maintain them by authority and ſway in the Aſſemblies, having the ſuſtentation of Miniſters in his power; Or thogh the Aſſembly shall depoſe them, he will cauſe them ſtill to enjoy their ſtiles & rents. They diſſolved with litle contentment unto the King, who ſaid, If the Aſſembly will not embrace the benefite, when it is offered, let them blame themſelves, when they fall into poverty and contempt: as for myſelfe, I will not want one of my Eſtates, and I will place ſuch men in theſe places as I think good, and who will accept them, and doe their duty to mee & the Country. Thus the baſtard Eſtate is pretended, and the Service they owe unto the King and Countrey, whereas their proper ſervice is to ſerve in matters ſpirituall for the good of mens ſouls both of King & people; and others can ſerve better in things Civile or temporall. The authour of Vindici… Philadel. pag. 80. hath moe of the Opponents reaſons. 1. By this vote in Parliament a way is prepared for epiſcopacy, which our Church hath condemned as having no warrant in Gods word. It was anſwered by horrible execrations, that they had no purpoſe to bring-in Popish or English epiſcopacy. 2. They who have p. 550given their names unto holy warfare, should not be entangled with ſeculare affaires. It was anſwered, The Apoſtle condemneth not neceſſary buſineſs of this life, that godly men may not have a care of their families. It was replied, The regard of neceſſary things is one thing, and of unneceſſary is another: if a man be not worſe than an infidell, he should provide for his family: but a Miniſter is not tied neceſſarily to wait on Politicall affaires. 3. What withdrawes a Miniſter from his own vocation, that the word of God forbids Miniſters: but this is ſuch. It was anſwered, They shall not be drawen from their vocation, becauſe at ſuch times they shall preach. Replied, Where a Parliament shall ſit. there be Miniſters to preach, nor is that the duty whereunto they are called there, and albeit two or three might preach in time of Parliament, yet what have fifty Miniſters to doe, as that number is named? 4. Who are commanded to wait upon their function in time and out of time, can not undertake another function. Anſwer, They shall be exerciſed in their function. Reply, To vote in Parliament is not a part of a Miniſters function. 5. What charge is more weighty than one can beare, permits not another to be adjoined unto it. The anſwer and replie as before. 6. Commiſtion of offices which God hath diſtinguished, is unlawfull. An…. They are not confounded, but conjoyned. Reply. They are confounded, when they are conjoyned in one mans perſon; but Chriſt hath ſaid, yee shall not doe ſo. 7. Miniſters are forbidden ALLOTRIOEPISCOPEIN but that a Miniſter medle with Civill affaires is plainly ALLOTRIOEPISCOPEIN. Anſwer, Spirituall and Civile things doe not differr in the ſubject, but in the way and reſpect. Reply, Becauſe they are different in reſpect and way, they are alſo different in the ſubject; and that a Miniſters be exerciſed in another object, is ALLOTRIOEPISCOPEIN; as Chriſt would neither divide the inheritance, nor condemn the adulterous woman. Many other reaſons were brought from the Scripture, and teſtimonies of the antient Writers. It was proclamed in December, that the beginning of the year in time coming shal be reckoned from the firſt day of January, whereas it was reckoned from March 26.

XXXVIII. The Gen. Aſſembly conveenes at Monros March 18. 1600. 1600. The 61. Aſſembly.R. Wilky is choſen Moderator. I. Where a Parish is ſpatious, and a great part thereof can not conveniently reſort unto the church, in reſpect of diſtance, & a number of that parishon will build another church, and provide maintenance unto a Paſtor upon their own charges, The aſſembly declares it lawfull, and will joyn with them to procure approbation of the Parliament. II. Becauſe many are delated, to abſent themſelves from the Sacrament under vain pretenſes, It is ordained, that every preſbytery shall command every Miniſter within their bounds, to give up the names of all them within their parishon, who communicate not each year once at leaſt; And then ſummon them, to compear before the preſbytery, to hear themſelves decerned to communicat within three months, with certification, if they obey not, the Act of Eſtates againſt Non-communicants, shall be execute againſt them; And if they obey not, after theſe three months their names shall be delated unto the K. or Counſell for the effect fore…aid. III. It was lamented, in the Kings preſence, that when Miniſters are in proceſs againſt adulterers, murderers and ſuch other ſcandalous perſons; they are drawn from their calling, and charged to compeare before the Counſell, by letters obtained upon falſe narratives, and ſo the diſciplin of the Church is looſed, and vice is not punished. The K. promiſeth, that no p. 551Letters shall be directed from his Counſell againſt any Miniſter nor preſbytery, at the inſtance of any perſon, for execution of their office, unleſs the party produce a teſt…moniall in forme of inſtrument, de negata juſtitia. IV. The Commiſſioners, that were appointed to wait upon the King, give-in theſe articles framed with his advice, to be preſented unto the next Convention of Eſtates. 1, All Jeſuites, Seminarie-prieſts, excommunicated and traffecting Papiſts, which at any time shall return into the Countrey, or are preſently within the Countrey shall immediatly after delation of their names unto his Majeſty, be apprehended, and keept in ward, untill they convert unto the religion, or be removed out of the Countrey. 2, The receivers of obſtinat & excommunicat Papiſts, and their chief friends whoſe houſes they haunt, shall be charged to find caution, under a pecuniall pain according to their ability, that they shall no way entertain nor receive theſe perſons. 3. That all excommunicate Papiſts be charged to ſatiſfy the Church within three months, under the pain of horning, and if they obey not, to be denounced, that their eſcheats & liferents after year and days rebellion may be intrometted with by the Kings Treaſurer, and not to be diſponed to any donator. 4. That the Marques of Huntly be charged to preſent before his Ma. and Counſell …. Gordon of Newtoun, P. Butter and Al. Leſly, according to his band, that they may be committed to warduntill they ſatiſfy the Church. V. Bonitoun younger is ordained to be conveened before the preſbytery of Brechin as his Judge ordinary, and there to offer his ſatiſfaction. VI. Becauſe many inconvenients fall out by marriage of young perſons, it is ordained, that no Miniſter joyn in mariage any man under fourtien year of age, nor a woman under twelve compleet at leaſt; Ordaining alſo the Commiſſioners of the Aſſembly to craue this ſtatute to be ratified by the Eſtates. VII. Becauſe mariages of perſons convict of adultery is an allurement to married perſons unto that crime, thereby thinking to be ſeparated from their lawfull ſpouſe, land to be married with the perſon, with whom they have committed adultety, therefore the Aſſembly ordaines a ſupplication to be preſented unto the Eſtates, to diſcharge the marriage of ſuch perſons; and that this Statute be confirmed by Parliament, VIII. The advice of the Conference at Falkland in July 1599. is read in Seſſ. 6. concerning the Voters in Parliament. 1. Concerning the manner of chuſing, it is condeſcended, that every one of them shall be recommended by the church unto his Majeſty, and that the Church shall nominate ſixe for every place, of whom his Ma. shall chuſe one, and his Ma. promiſeth, bindeth & obligeth him, that he shall chuſe none other but one of theſe ſixe, And if his Ma. shall refuſe them all upon juſt reaſon of inſufficiency, and of greater ſufficiency of others, The Church shall make a new recommendation of other ſixe, of whom his Maj. shall chuſe one, without any more nomination; and he that shall be choſen by his Ma. shall be accepted by the Synod. 2. It is concluded, that the Gen. aſſembly shall have the nomination or recommendation of him who in name of the Church shall vote in Parliament; and he shall take the advice of the Synods and preſbyteries directed from them in writ; And the Synod shall have liberty to nominat alſwell within their Province as without, Providing that if there be one within the Province meet for the place, caeteris paribus, he shall be preferred before another. 3. Concerning his rent, it is adviſed with one conſent, that the Churches being planted ſufficiently, the Colledges and Schools (already erected) not being prejudged, that the Kings Ma. shall provide him to all the reſt that may be obtained of that Benefice, p. 552whereunto he is preferred. As for the cautions, to keep him that shall have vote in Parliamen… from corruption, they be theſe following; 1. That he preſume not at any time to propound at Parliament, Counſell nor Convention in name of the Church, any thing without expreſs warrant and direction of the Church, and ſuch things as he shall anſwer to be for the well of the Church, Under the pain of depoſition from his office; nor shall he conſent or keep ſilence in any of the ſaids Conventions, to any thing that may be prejudiciall to the well & liberty of the Church, Under the ſame pain. 2. He shall be bound at every Generall aſſembly to give an account of the diſcharge of his commiſſion ſince the Aſſembly preceeding, and shall ſubmitt himſelf to the cenſure and determination whatſoever without appellation; and shall ſeek and obtain ratification of his doings at the ſaid Aſſembly, under the pain of infamy & excommunication. 3. He shall content himſelf with that part of the Benefice, which shall be given by his Majeſty for his living, not hurting nor prejudging the reſt of the Miniſters of the Churches within his Benefice planted or to be planted, or any other Miniſter of the Countrey whatſoever; and this to be a clauſe to be inſerted in his proviſion. 4. He shall not dilapidate in any way his Benefice, neither make ſet not diſpoſition thereof, without the ſpeciall advice and conſent of his Majeſty and generall aſſembly: and for the greater warrant heerof, he shall interdict himſelfe not to dilapidate his Benefice, nor conſent to the dilapidation of it made by others, To the Generall aſſembly, and shall be content, that inhibitions be raiſed againſt him for that effect. 5. He shall be bound to attend faithfully upon his own particulare congregation, where of he shall be Miniſter, in all the points of a paſtor, and here in he shall be ſubject to the tryall and cenſure of his own Presbytery and Provinciall Aſſembly, as any other Miniſter, that beares no commiſſion. 6. In the Adminiſtration of diſciplin, collation of Benefices, viſitation and all others points of Eccleſiaſticall Government, he shall neither uſurp nor acclaim to himſelf any power or juriſdiction further than any of the reſt of his brethren, excep he be emplojed by his brethren, Under the pain of deprivation; And if he uſurp any part of the eccleſiaſticall government, and the preſbytery, Synod or Generall aſſembly oppone and make any impediment thereunto, whatſoever he do after the impediment, it shall be null ipſo facto without any declarature. 7. In presbyteries, provinciall & generall affemblies he shall behave himſelfe in all things, and be ſubject to their cenſure, as any brother of the presbytery. 8. At his admiſſion to his office of commiſſionery, theſe and all other parts neceſſary he shall ſwear and ſubſcrlbe to fulfill, Under the penalties foreſaid; And otherwiſe, not to be admitted. 9. If he be depoſed by the Generall aſſembly, ſynod or presbytery from the office of the Miniſtry, he shall alſo loſe his vote in Parliament ipſo facto, and his Benefice shall vaik. And further cautions to be made as the Church pleaſeth and findes occaſion. Moreover concerning his name, that shall have vote in Parliament by uniform conſent of all the brethren it was adviſed that he shall be called The Commiſſioner of ſuch a place; and if the Parliament may be induced by his Majeſties moyan, to acknowledge that name, it shall ſtand ſo: if not, the Generall aſſembly shall conclude this queſtion concerning his name▪ The queſtion being propounded, Whither the commiſſion of him who in name of the Church shall vote in Parliament, shall endure for his life time, except ſin and offence interveen, or for a shorter time at the pleaſure of the Church, the commiſſioners of the p. 553Synods being of different opinions, thought good to referr this queſtion unto the Generall aſſembly. Theſe concluſions being read in publick audience of the aſſembly, were allowed and approved; and it was judged expedient, that theſe cautions and what others shall be concluded by the Aſſembly, shall be inſerted in the body of the Act of Parliament, that shall be made for confirmation of the vote in Parliament unto the Church, as moſt neceſſary and ſubſtantiall parts of the ſame. In Seſſ. 8. the Aſſembly decernes 1. that he who shall have vote in Parliament shall annuatim give account of his commiſſion obtained from the Aſſembly, and lay down the ſame at their feet, to be continued or altered from it, by his Maj. and the Aſſembly, as the Aſſembly with conſent of his Majeſty shall think moſt expedient to the well of the Church. 2. It is ordained, that none of them which shall have vote in Parliament, shall come as Commiſſioner to any Generall Aſſembly, nor have vote there, in any time coming, excep he be authorized with commiſſion from his own preſbytery to that effect. 3. It is decerned by the Aſſembly, that crimen ambitus shall be a ſufficient cauſe of deprivation of him, that shall have vote in Parliament. 4. It is ordained, that every Miniſter shall intimate this generall, that the vote in Parliament is concluded by the Aſſembly; and that none utter ſpeaches in pulpit, contrary to the ſame. IX. The like generall commiſſion as before in every point was given unto the ſame perſons (almoſt) with addition of four or five more. X. Becauſe ſundry parts of the Country are throgh defect of Viſitation becom almoſt deſolate, certain Viſitors are directed to viſite theſe parts, namely, Kircudbright, Murray, Caitnes; Orknay, Nithsdeal, With power to enquire into the life, doctrin and converſation of Miniſters; to try out the ſayers & hearers of Maſſe, to plant and tranſport Miniſters, as they shall think expedient for the well of the Church; and to report their diligence unto the next Aſſembly. XI. The next aſſembly is appointed to be at Santand. the laſt tuyſday of July in 1601. year. The Hiſtoric. Narration hath ſome Obſervations on this Aſſembly; 1. Peter Blackburn taught good & ſound doctrin at the opening of the Aſſembly; but was induced or rather threatned to recant after noon before the wholl aſſembly. This was a ſtepp to a Bishop of the new ſtamp, 2. The next policy was to draw the chief oppoſites upon the privy Conference, that they might know how to deal in publick. 3. In the Privy Conference four were choſen on each ſide to conferr and reaſon apart on hope, that upon their agreement would follow an univerſall harmony, as was pretended; but indeed to eſſay whither opponents might be drawn unto them: if not, to proceed after their wonted manner: ſome good was expected, if their conference had not been interrupted by the King. They were enioined to ſet down their reaſons in writ. They beſtowed an afternoon, beginning at the very ground, to define a Parliament, and what it is to vote in Parliament, &c. The four opponents were ſquare and plain. But the King being informed that night, would ſuffer no more of that reaſoning, but would have it before himſelf and ſome of the Counſell in the Privy Conference. They who ſtood for the eſtablished diſciplin, proved by many reaſons, that the Act of the Aſſembly at Dundy Ann. 1598. being taken according to the mind of the Act of Parliament was flatly repugnant to the Word of God. Their reaſons were ſo ſtrong, that they were all granted [to wit, as it ſeemes, In the Maior Propoſitions] but only it was denied, that any ſuch thing would follow as was alledged [in the Minors:] they denied, p. 554they were to bear any charge in things Civill, or make lawes, judge upon forfeiture, medle with Civill affaires, confound juri…dictions, &c.......4. The Commiſſioners of the Generall aſſembly, I mean ſo many as were privy to the Courſe, were aſpiring to Bishopricks, and had their meetings with the King for ſuch purpoſes; and finding this Conference not to ſucceed as they would, reaſolved to hold the gripp they had gotten: the Acts already paſt muſt not come into queſtion in the publick. Their cheif care was to obtain a ratification of the cautions concluded at Falkland, and conſent unto the perpetuty of the Voter in Parliament. 5. The King from his riſing in the morning till he went late to bed, was ſo buſy with Miniſters, that the Courtiers ſaid [jeeringly], they could have no acceſſe unto his Majeſty for Miniſters. 6. Andrew melvin was commanded to keep his lodging, albeit he was ſent in Commiſſion from his preſbytery. 7. In the publick Aſſembly it was oft ſpoken, that epiſcopacy was not intended, bur only the vote of Miniſters in Parliament, to vindicat the Church from contempt and poverty. Nevertheleſs there was oppoſition made, that the perpetuity unto the Voter in Parliament ad vitam or culpam could not be obtained. One and fifty voted that he should be choſen annuatim by every preſbytery: in ſtead of Annuatim, ſome cried, Away with him: fourty eight (of whom many were Miniſters) voted ad vitam, or ad defectum. The aſpirers were ſo grieved, that they conveened apart; and deviſed a gloſſe, drawing neer to that which was concluded, to wit, that the Commiſſioner voter in Parliament shall give account Annuatim, and lay down his office at the feet of the Aſſembly, to be continued or altered, as &c. They communicate this device unto the King, who ſet down the concluſion ſo: and ſo it was written. The Bb. did never attempt to annuall theſe cautions; and ſo theſe being eſtablished by the Aſſembly with conſent of the King, were the grounds of depoſing and excommunicating the Bb. in the Aſtembly in the year 1638. Then The hiſtoricall Narration ſets down ſome pranks (as he ſpeaks) of the Commiſſioners. 1. The Miniſters of Edinburgh were charged Auguſt 12. by the King and Counſell to depart out of the town, (all excep the two young men that entred laſt) and diſcharged to preach within the Kings dominions, becauſe they would not profeſſe unto the people, that they were perſuaded, the Earle of Goury and his brother would have killed the King in Perth on the fifth day of Auguſt, and perſuade the people to believe it. They profered to thank God for the Kings delivery out of danger, to rehearſe faithfully unto the people the hiſtory, as his Majeſty had delivered it, and to ſpeak nothing in the contrary. But that was not accepted. Not long after, their places were declared vaking, by the Commiſſioners of the Generall aſſembly. September 5. they were charged, to compear before the king and Counſell in Sterlin, to hear further punishments decerned againſt them. William Watſon; John Hall, Walter Balcanquall and James balfour profeſſed, that they were reſolved, and were appointed to declair their reſolution in other churches, as was deſigned unto them, and to confeſſe their error and incredulity [Robert Rolock was departed this life in the year preceeding]. The Court ſaid, Theſe were ſent, to make their repentance. Robert Bruce profeſſed, that he was not yet reſolved, and craved time to try & ſearch. He is ordained to depart out of the Country, not to teturn into Scotland nor England without his Majeſties licence, and to remain in Airth untill he departe. 2. The king with advice of the Commiſſioners of the Generall aſſembly calleth a meeting of two out of every Synod, to be holden at Edinburgh in p. 555October, to take order with the churches of Edinburgh, and to conſult with the Commiſſioners, upon ſuch things as were to be propounded unto the enſuing Parliament. At this meeting the King was earneſt to have others planted in the Miniſters roomes of Edinburgh (albeit they had declared their reſolution, as they were en…oined) excep John Hall, whom (ſaid the king) I will take in my own hand. It was anſwered, That could not be done, unleſs they were depoſed by the Church, or cutt off by ſome Civill Judicatory. The king was ſo earneſt, that they ſaid, they would try the Miniſters own minds, whither they be content with tranſportation rather than ſuffer their churches to be deſtitute. William Scot, James Melvin and John Carmichell were directed, to deal with them. When theſe were gone unto the Miniſters, the king and commiſſioners propounded, to name three to vote at the Parliament, which is to be holden in November; and obtained it, to wit, Peter Blackburn, David Lindſay and Goerge Gladſtanes were named without regard of the order and cautions concluded in the late Aſſembly. The three that wereſent forth, knew nothing of the matter, till the meeting was diſſolved: [nor were the Churches of Edinb. provided before the next Generall aſſembly]. 3. In the Parliament where Goury was forfeited, theſe three which were named before, did vote [David Lindſay as Bishop of Roſſ, Pater Blackburn as Bishop of Aberdien, & George Glaidſtanes as Bishop of Caitnes]. In the Synod of Fife at Santand. in February An. 1601. George Glaidſtanes was accuſed, and confeſſed that he had ſitten in the Parliament, and had anſwered as Bishop of Caitnes, when he was called, but (ſaid he) it was againſt my heart, nor would they name mee otherwiſe. Such were the ſlight shifts they had, when they were found guilty of any breach. Da. Lindſay was rebuked in the Synod of Lothian in Aprile. So ſoon were the cautions or Caveats contemned. I have written of theſe Aſſemblies particularly, the rather that they have never been in Print before▪ And many either of malice or ignorance, and ſome of both have published much venom againſt them. And now I conceive, that ſome may think, Seing theſe Aſſemblies were confirmed by authority of the King and Parliament, how left they off; therefore I adioyn a continuation of them unto their End.