History of the Catholic Church from 600 to 1600, Ecclesiastical epoch 1300-1600 · Century 16 · Chapter

History of the Catholic Church from 600 to 1600 · Ecclesiastical epoch 1300-1600 · Century 16 · Chapter

p. 556A Continuation of the Hiſtory of SCOTLAND'S ASSEMBLIES.

I. THE Commiſſioners of the Aſſembly had a meeting with 1601.ſome other Miniſters at Bruntelan in March, year 1601: there they agreed to entreat the King for reſtoring the Miniſters of Edinburgh unto their places; and for a free Nationall aſſembly to determin all matters then in controverſy. The Commiſſioners promiſed to deal earneſtly in both. But how did they perform their promiſe? ſaith the Author of the hiſtoricall Narration. Concerning the firſt, ſome of them ſaid unto the King, Sir, They are out now; blame not us, but your ſelf; if ever they offend you again. And in the other point, an aſſembly was called, but no controverſy was handled. At that time John Hamilton and Edmund hay two Jeſuits came into the countrey: the King underſtanding that they were factious and buſy men, ſent forth a proclamation inhibiting them to remain under pain of treaſon, and declaring that he would no otherwiſe judge of ſuch, who shall receive them, but as the purſuers of his own life. Nevertheleſs they were keept in the North parts, untill after ſome years John Hamilton was apprehended, and ſent to the Tower of London where he died. By the Kings proclamation the Aſſembly conveens at Bruntelan May 12. there the King was preſent, and Commiſſioners. John Hall is choſen Moderator. I. A generall The 63. Aſſembly.complaint was of the want of purity zeal and practiſe of the true Religion in all Eſtates, which muſt end in papiſtry or atheiſm within a short ſpace, in the juſt judgement of God, unleſs ſubſtantious remedies be provided in due time; Nor can this malady be ſufficiently cured, unleſs the originall cauſes and ſpeciall occaſions thereof be riped up. The Brethren were exhorted The cauſes of dection.to think upon this weighty matter, and the meeting is adjournied for two dayes. Then the cauſes of this defection were judged to be. 1. The juſt wrath of God for the unreverent eſtimation of the Goſpell, and for the ſins of all Eſtates in dishonoring their profeſſion 2. Want of diligence on the part of Miniſters in diſcovering them who make apoſtaſy into Papiſtry; and negligence in executing the lawes and diſciplin againſt them who are diſcovered. 3. Want of Paſtors at unplanted churches, and diſplanting of churches by diminution of the thirds. 4. Neglecting of towns and churches, that are of greateſt inportance to the intereſt of Religion, or not planting them with qualified Paſtors, ſuch as the Kings houſe, the Prince's houſe, the houſes of Huntly, Erroll, Anguſe, Hume, Heres, and the places of chief reſidence, the town of Dumfriſe; and other places of the Nobility, who are of great power. 5. The haſty admiſſion of Miniſters, before they be known to be of ſufficient gifts and experience in theſe difficil times. 6. The negligence of Miniſters in advancing their knowledge by conſtant reading and meditation of the Scriptures and controverſies of the time; whereby they might be the more able to bring the conſciences of their auditors to the obedience of the Goſpell, and convin…e the adverſaries. 7. The negligence of Miniſters in not framing their converſation as patterns unto the people, but conforming themſelves exceſſively p. 557to the humors of men, eſpecially in their communications at table, intemperance ſomtimes, and in their light and prodigal veſtures, and of their families. 8. The diſtraction of minds, which is ſuppoſed to be among Miniſters. 9. The diſtraction of his Majeſties minde againſt ſome of the Miniſtry. 10. The advancing of men, who are ſuſpected in, and known to be ill affected to religion, unto honors, Offices and credit in Court, Counſell, Seſſion and other places of great importance. 11. The deſolation of the church of Edinburgh, through want of Paſtors. 12. The continuall entertainment of the Lady Huntly, Margarit wood and other profeſſed and known Papiſts, in his Maj^s Court and company. 13. The education of his Maj^s children in the company of obſtinat Papiſts. 14. The negligent breeding of Noble mens children, and the ſending of them out of the countrey into places where Papiſtry is profeſſed, and that with tutors ſuſpected in religion, or not well confirmed in it. 15. The impunity of Maſters and owners of ships, who bring into the Country Seminaries & Jeſuits with their coffers and books. 16. The decay of ſchools for education of children; eſpecially in the country. 17. That men who are challenged by the Preſbyteries for their religion, have continuall acceſs to Court. 18. The lately reconciled Papiſts are not preſt to perform their Remedies▪promiſes. The remedies of theſe evils are. 1. A Generall humiliation is to be ſolemly keept in all churches on two ſabboths of Juny next. 2. The unplanted churches are to be recommended unto the K. whoſe authority only can accomplish that work. 3. Nothing is more neceſſary then to have the houſes and places (above named) wel provided with learned, wiſe and godly Paſtors; and where the lack of proviſions may hinder the preſent planting, it is judged expedient in the mean whil, that ſome Paſtors be appointed to attend in theſe Noble men's families for 4. or 6. months alſwel for finding out means of planting theſe places, as for confirming and inſtructing the Noble men and their families; The Preſbyteries taking care to ſupply the abſence of theſe Miniſters from their particular flocks. And ſeverall Miniſters were deputed to this effect. 4. Petition is to be made unto his Majeſty and Secret Counſell, that who are known to deal with profeſſed Papiſts more than the lawes do permit, should be accounted as ſuſpect in religion, and not have the honor to be in his Majeſties family, Counſel nor Seſſion. 5. A ſupplication is to be made unto his Majeſty and Counſell, that all Papiſts, men and women who are or shall be under cenſure for their religion, be diſcharged from Court, untill they have ſatiſfied, and bring from the Preſbytery of the bounds a teſtimoniall of their obedience. 6. For diſcovery of the adverſaries of the true religion every Presbytery shall with all diligence write the names of all not communicants within their bounds, and ſend them unto the Miniſters of the Kings family, being ſubſcribed by the Moderator, Clerk, and the Miniſter of the parishon. 7. The Presbteries where the lately reconciled Lords have their reſidence shall enquire whether they have performed the articles ſubſcribed by them; and urge them unto performance; And if they refuſe, the Presbyteries shall certify the King's Miniſters. 8. Supplication is to be made unto the King and Counſell, that when Noble men or others ſend their children out of the country, their tutors be of known religion and be approved by teſtimoniall of the Presbytery; and that their remaining abroad be in places where the true religion is profeſſed, or no reſtraint of it by the cruell Inquiſition; and that they shall not repair unto the exerciſe of the idolatrous religion; And if their ſons shall repair unto the countries where p. 558is reſtraint of religion, the parents shall give caution, that they shall not entertain them in that time; And if their ſons embrace another religion, they shall not have honors nor Offices within the real…. 9. Supplication is to be made unto the King and Counſell, that Maſters and owners of ships be inhibited to bring Jeſuites, Seminary-prieſts, proclamed traitors......And to that effect that they ſet no paſſingers on land, but at the common ports; where they shall pr…ſent the paſſingers unto the Magiſtrates. 10. It is expedient to entreat the King, for removing his daughter from the Lady Liuinſton an obſtinat Papiſt. The King promiſeth to bring her into his own family before November. 11. The King nominates Noble men, and the Aſſembly appoints ſome Miniſters to meet Juny. 1. to adviſe upon Overtures for advancing the locall proviſion of ſtipends, eſpecially unto the unplanted churches. 11. Miniſters are appointed unto the houſes of the King, Queen and Prince. 12. Some Miniſters are deſigned unto ſome unplanted churches in Nid…deal; and the aſſembly ordaines the Commiſſioners to recommend unto his Majeſty the proviſion of theſe churches. II. A woman being charged by the Presbytery of Couper to ſatiſfy for her adultery, which was proved againſt her, had produced a decreet of adherence obtained before the Commiſſaries of Edinburgh, ordaining her Husband to adhere unto her, and by conſequence acquiting he… of adultery. This queſtion being referred unto the aſſembly, the Presbtery is ordained to put their own decreet to execution, notwithſtanding the other decreet. III. It is repreſented by ſundry Miniſters, that there be ſome errors in the vulgar Tranſlation of the Bible, and in the meeter of the Plaln…s; as alſo that ſundry of the common prayers are not convenient for theſe times. The Aſſembly ordaines ſome brethren who are acquainted with the Originall languages to employ their ſtudies in ſundry parts of the vulgare Tranſlation, and to shew their diligence at the next aſſembly; and ordaines Robert Pont to reviſe the Pſalms in meeter; As for the common prayers, it is ordained that none be altered nor deleted; but if any Miniſter wold have any prayer as more convenient unto the time, it should be firſt preſented and allowed by the aſſembly. IV. The Aſſembly ordaines the Commiſſioners, to tranſplant James Balfour. Walter Balcanquall and William Watſon, from Edinburgh into other churches; and to plant other qualified Miniſters in Edinburgh. The Commiſſioners of Edindurgh proteſt 1. that they are free of the burden of the tranſportation of their Miniſters. 2. That the tranſportation shall not prejudge them hereafter, but that thoſe may be reponed into their own places, when it shall pleaſe his Majeſty and the Aſſembly. The King and Aſſembly conſent. V. It is ordained, that in every Aſſembly hereafter thoſe that shall be appointed Commiſſioners by the Aſſembly, shall give account of their commiſſion, in the beginning of the ſubſequent aſſembly, before other things be heard; and their proceedings to be allowed or diſ-allowed as the aſſembly shall judge of them. VI. Commiſſion is given to twenty four Miniſters together with the Miniſters of the kings Houſe, or any nyne of them, to plant churches in burghes, with power to tranſplant any Miniſter within the realm into the ſaid burghes now vaking, namely, Edinburgh, wherein they shall take the advice of the Presbytry there; With power to judge of any offenſes, if it shall happen that his Majeſty be offended by any of the Miniſtry, and to take order there-in; And alſo power to preſent the grievances and petitions of this aſſembly unto his Majeſty and Counſell▪ or Generall Convention of Eſtates, or Parliament, if any shall happen p. 559to bee, &c. VII. Certain Viſitors were deſigned to viſit all the Shirifdoms, particularly named unto them, with power to try the Miniſters in their qualification, doctrin and converſation; and whether they have wrong'd their Benefices; To depoſe ſuch as deſerve depoſition; To plant Miniſters where none as yet have been planted; and to this effect to deal with the Tacks-men of every parishon for proviſion unto a Miniſter for the church; And to report their diligence, &c. The next Aſſembly is appointed to be at Santandrews the laſt tuyſday of July. 1602. The Hiſtoricall Narration addeth, Iames Melvin [Miniſter at Kilrinny] being detained by ſicknes, ſent unto this aſſembly a Miſſive, adviſing them to inſiſt with his Ma. to yeeld unto the agreement of the Brethren at Bruntelan in March, for repoſſeſſing the Miniſters of Edinburgh; and charging them as they will anſwer unto God, to endeavour a redreſs of that wrong done unto the Church of Chriſt by Act of the Secret Counſell, whereby the Miniſters of Edinburgh were diſcharged to preach at any time in any part of the realm; he adviſeth to conſider, whether the proceedings of the Commiſſioners have been conform unto the conclnſions of the preceeding aſſembly; or els, it is not poſſible to hold out corruption; And to lament the reſtraint of the freedom of Aſſemblies, which now are made to depend upon licences, Letters and proclamations, whereas the Barons, and the Burghs enioy thir ſeverall meetings freely; In end he layth down his part of the Commiſſion at their feet, as the Pioner doth his burden: For it grieved him continually, and now brought him into the danger of death. Albeit he was not acquainted with their ſecrets, yet it grieved him to ſit ſomtimes among them, even albeit …e conſented not unto their Sentences. The King took this Letter out of the Moderator's hand, and ſuffered it not to be read. John Davidſon ſent another Letter to this purpoſe; Should James & John ſeek to ſit the one at the right hand, and the other at the left, when Chriſt is going to Jeruſalem to ſuffer death? Is it time for Baruch to ſeek great things for himſelf, whent the Lord is about to deſtroy what he hath planted, and threatens his people with fearfull captivity? is it time for us now, when ſo many of our worthy Brethren are shamefully thruſt out of their callings without all order of juſt proceeding againſt them, & boni malis demutantur, and Papiſts, Jeſuits and atheiſts dayly flocking home are ſuffered, countenanced and advanced to great roum… in the realm? is it time for us of the Miniſtry to be inveigled, and blindfolded with pretence of preferment of ſome ſmall number of our brethren, and that not to ſtand ſo much in the election of the Church as at the pleaſure of the Court, to have vote in Parliament, to ride in foot mantles, and to have the titls of Prelacies, and ſo to make preparative in ourſelves unto that Hierarchy (as they call it) which the Papiſts hope to enjoy with ſpeed? what is it but honorari intra palatium ad ſervitutem? shall we brethren, ſliep ſtill with Samſon on Dalilah's lap, till they cry, The Philiſtins be upon thee? he wrot more in this purpoſe, and in the end he wished that they would not determin any thing de preſenti concerning the new planting of Edinburgh in prejudice of their brethren not as yet diſplaced by any order, for any promiſe de futuro, as punishment of Papiſts, ſeing thoſe two can not ſtand together. If reaſon find no place; he exhorts them to remember, that Melins & optabilius est egregium bellum pace impia & à Deo diſtrahente. Bishop Spotſwood addeth that he ſcoffing at the Kings doings, ſaid. But Boniton is executed, an infamous thief in the higheſt degree. What is that to the cauſe of Religion, whereof no queſtion was moved? is there p. 560no Papiſts nor favourer of Papiſts in Scotland, but Boniton? But the King is ſound in religion; what can the Papiſts do? Being ſound, the danger were the leſs; but there is nothing either in Church or king according to our Calling, &c. The king ſaid, There was treaſon in this Letter; and for it the writer was committed to the caſtle of Edinburgh in the ſame month, and afterward was confined to his parishon enduring his life. In the Narration it is ſaid alſo; The Aſſembly began, with little contentment to either party: but the King (to won the people, becauſe of the jealouſy many had conceived for the fact at Perth in Auguſt) proteſted with the tear in his ey, that he would be ſerious for the Church and the liberty of the Goſpell. And for more ſatiſfaction it was approved by Court and many of the Miniſtry, which before was not only neglected, but mocked at, to wit, to ripe up the cauſes of defection in all Eſtates from the purity and zeal in the practiſe of the true Religion, and to adviſe upon the remedies. So in this they had a taſt of the wonted aſſemblies. But there was ſmall ſecurity in the chief directores and others of that ſide: for neither were the chief cauſes layd open, nor a right courſe taken for remedy. The diſtraction among Miniſters, the cauſe and remedies thereof was not touched. The King was ſo ſerious againſt the three Miniſters of Edinburgh, that for his ſatiſfaction it was concluded, they should be tranſported. The generall Commiſſion was renewed, and almoſt all the ſame perſons were authorized, ſo that the plotters were not changed [nor cenſured] but others were put off and put in, as they thought expedient. About the end of the Aſſembly the King holding up his hand, vowed to execute juſtice faithfully, and to diſcredit all who shall attempt any thing againſt religion. In the provinciall ſynod of Fife conveened at Kingorn in September, they agreed upon ſome grievances to be preſented unto the next Nationall Aſſembly, to wit. 1. That notwithſtanding the Acts of Parliament and generall aſſemblies and neceſſity of the time, the time and place of the aſſemblies are altered without the knowledge of preſbyteries and ſynods. 2. Miniſters are ſummoned before the Secret Counſell in prima in ſtantia for doctrin and diſcipline: which is a great encouragement unto the enemies. 3. All application of doctrin in the Exerciſe is condemned, under pretence of an Act of the Generall aſſembly: which Act would be ſichted and clearly interpreted. 4. The government of the chief affaires of the Church continues in the hands of a few under the name of a Commiſſion, to the prejudice of the liberty of the ſynods and presbyteries. 5. The Doctors bearing an ordinary calling in the Church are debarred from the aſſembly. 6. The Aſſembly takes no notice of the Cautions that were appointed for avoiding corruptions in the commiſſioners Voters in the Parliament. 7. The abſence of the Paſtors of Edinburgh, and alteration of the Miniſtry there, which was the chief Watch-tower of our churches, hurts greatly the cauſe of religion, and encourages the enemies. 8. There is diſtraction in opinions, different from that conſent of hearts, which hath been in the Church, and litle deliberation hath been or reaſons heard, whence it is that concluſions are made, the half of the brethren (almoſt) gainſaying. 9. The Land is defiled, and the Church endammaged by the French Ambaſſadors Maſſe. 10. Perſons excommunicated for Papiſtry go publickly and peaceably. 11. The Noble men lately abſolved from excommunication for Papiſtry, give no token of their profeſſion of the truth, but rather the contrary. 12. The directions and Letters of apprehended Papiſts are keept up, and not communicated unto the Watchmen, that they may make p. 561faithfull warning to prevent danger. 13. The diſciplin of the Church againſt inceſt, adultery and murder is not practized with holy ſeverity as it becomes? but frequent remiſſions of criminall perſons for avoiding civill punishment. 14. The remedies provided againſt imminent dangers, in ſundry meetings of the Church, are not proſecuted.

II. The Aſſembly did by the Kings proclamation conveen at Holyrudhouſe The 64. Aſſembly.November 10. year 1602. there was the king and (in caſe of his abſence at any time) his Commiſſioners the Treaſurer, Collector, Controller & Sir Patrik Murray; and Miniſters. Before I touch the Acts It is to be marked that in the roll of the members is not the name of one Elder, as alſo in the two proceeding Aſſemblies is no mention of any Ruling Elder, either Noble or Gentle man nor Burgeſs. It it likely that by the proclamation in December year 1597. they were all terrified. This deſertion was a grievous mutilation and weakning of the Aſſemblies: but I have ſeen (in time of the Bb.) ſome Barons keep the former cuſtom in the Preſbyteries, by ſitting and voicing there. 2. The hiſtoricall Narration shewes, that when the votes were given at the election of the Moderator, James Melvin proteſted as followes; With all reverence unto your Majeſty before I ſpeak any thing in this aſſembly, I muſt proteſt, that ſeing it is conveened extraordinarily, and not at the time appointed at the laſt aſſembly by your Majeſties authority, and it is keept here within your Majeſties palace a place not accuſtomed heretofore for holding the aſſemblies of the Church; Whatſoever shall be done here contrary unto the word of God, or the former conſtitutions of the Church and the established diſciplin (which God forbid) to be null and of no effect; and that it may be remedied at the next ordinary aſſembly of the Church of Scotland. Patrik Galloway was choſen Moderator. The hour of meeting of the Privy Conference was appointed to be at nyne a clock; and of the aſſembly to be at elleven, and to ſit untill four in the evening. I. The Commiſſioners that were appointed to wait upon the Noble men were called to shew their diligence: in ſumma they had done little or nothing; George gladſtons (afterwards Bishop of Santandrews) ſaid, that when he was upon his journey to viſit the churches in Caitnes; he went to the Earle of Huntly, who ſaid, that he was upon his journey ſouthward at the kings command, and when he returned, he would shew what ſcruples he had in the matters of religion. Alexander Lindſay (afterwards Bishop of Dunkell) ſaid, The Earle of Errol was an ordinary hearer of the Word; he profeſſed to have no ſcruples in religion; he had provided the churches within his bounds ſufficiently, and was ready to communicat upon occaſion in any church where his reſidence was. John Spotſwood (afterwards Bishop of Glaſcow, and then of Santandrews) ſaid, whereas he and James law were appointed to wait on the Earle of Anguſe, the King had commanded him to go into France with the Duke of Lenox; and James law ſaid, Becauſe theſe two were coniunct, he could do nothing alone, but he underſtood by the reporr of Brethren, that that Earle reſorteth not to the hearing of the word, and he entertaines enemies of the religion. John Carmichell, who was appointed to wait upon the Lord Hume, ſaid, he was not in the countrey; And John Hall ſaid, he was appointed to wait upon the Lord Hereſs when he was in Edinburgh, but he was a very short ſpace there. II. For the Commiſſioners that were appointed to attend the Plat for proviſion of ſtipends, the Lord Collector ſaid, They had done nothing, becauſe the Preſbyteries had not ſent their anſwers unto his Majeſties Letters, without which they could not proceed. The Aſſembly ordaines the Preſbyteries to produce their p. 562anſwers tomorrow. III. The Commiſſioners that were appointed to viſit the Preſbyteries had neglected their part. Therefore it was concluded, that hereafter ſuch as shal be appointed Commiſſioners, shall accept their commiſſion in face of the aſſembly, and give their oath to perform it faithfully. Some of thoſe Viſitors had done nothing; ſome were not preſent, and they who had done ſomewhat, were judged to have been ſuperficiall. IV. The generall Commiſſioners were ordained to shew their diligence the next day in writ. V. For remedy of thoſe negligences it was appointed firſt, that certain other Miniſters should attend thoſe Noble men; as alſo the Lords Maxwell and Semple, and the Earle of Suderland; and they should follow the Inſtructions that were preſcribed and given unto them, to wit. 1, Yee shall addreſs yourſelves with all diligence to enter into the company and family of … to remain with them the ſpace of three months continually; during which time your care shall be by publick doctrin, by reading and interpretation of the Scriptures ordinarily after meals, and by conference at all convenient occaſions to inſtruct themſelves in all the grounds of the true Religion and godlineſs, ſpecially in the heads controverted, and confirm them therein. 2. Take pains to catechize their families ordinarily every day once or twice at the leaſt, to bring them unto ſome reaſonable meaſure of knowledge and feeling of religion before the expiring of the appointed time; and that action should begin and end with prayer. 3. Endeavour to purge the houſes from all perſons living inordinatly, whoſe bad example might bring ſlander unto their profeſſion; ſpecially from them that are ſuſpect in religion, or found any way buſy in dealing againſt the Truth and quietneſs of the countrey. 4. Endeavour to have their churches provided with ſufficient ſtipends and wel qualified perſons, and procure that by their authority and aſſiſtance the diſciplin of the church may have execution within their bounds. 5. Urge the performance of the Articles, which they did ſubſcribe at their reconciliation, and extract theſe Articles out of the regiſter. 6. Perſuade them to make honeſt proviſion of ſtipends for the Paſtors reſident at their Houſes or chief dwelling places, and to make choiſe of wiſe, grave and learned Paſtors thereunto. 7. Inform the Kings Majeſty from time to time, how they do profit and what company reſorts unto them, and of what diſpoſition is their company. VI. Certain Overtures were given unto the Commiſſioners unto the …lat concerning the proviſion of churches. VII. Certain Miniſters were appointed to viſit the presbyteries and parriculat congregation in ſeuerall Shires, and after de…iberation Rules were given which should be obſerved univerſally, to wit. 1. The Viſitors shall appoint two or three dayes Rules forviſiting Miniſters.for tryall of each presbytery, and acquaint the presbytery a month or three weeks at leaſt before their coming, and ſend them an Edict to be published at every parish-church of the bounds by ſome other brother then the Miniſter of the place: let it be duly executed, indorſed, and reported unto the Viſitors the firſt day of theit meeting. 2. Let the Edict be ſo directed by the Presbyteries that an equall number of Paſtors be tryed each one of the dayes appointed for the tryall of the Presbytery; and the commiſſioners of the congregations to be preſent on their day reſpectiv…. 3. Try the condition of every Miniſter particularly; then the eſtates of the congregations, and laſtly of the Presbytery generally. The tryall of the Paſtors should be in this manner; 1. Try each one in his graces and ability to diſcharge his calling: in his furniture of books and other neceſſary helps of enabling: with what fidelity a…d prudence he diſcharges himſelf in calling, doctrin, diſciplin p. 563and converſation. 2. For this effect enquire of the commiſſioners of his congregation what teſtimony he hath of his own Seſſion and others of his flock, and eſpecially whether he reſide in his Manſe; whether his life and the government of his family be ſuch as he be not ſcandalous, but edifieth his flock; whether he teaches every ſabboth once or twice, or any other day beſids in the week; whether he keeps weekly convention with his Seſſion for the exerciſe of diſciplin; whether he Miniſtreth the Communion yearly with due examinations preceeding; whether he hath an eſtablish'd Seſſion of Elders and deacons; whether he catechizeth weekly a part of his parishon; whether he keeps an ordinary viſitation of ſome families weekly; whether he viſits the ſick and diſtreſſed, when occaſion requires: whether he be diligent to remove all variances in his congregation. Then try him (if need shall be) by expounding ſome paſſage of Scripture, and by queſtions Enquire of him, what helps he hath for advancement of his ſtudies; whether he hath the text of the Scripture in the originall languages; what knowledge he hath of thoſe tongues; whether he hath the Tranſlation of the old Teſtament by Tremellius, and of the new by Beza with the vulgar English; what books he hath for the common Heads, and the eccleſiaſticall hiſtory; what commentaries he hath on the Scriptures, ſpecially on his ordinary Text; whether he hath the Acts of Councels▪ what writers he hath upon the controverfies of Religion; whether he uſeth the conference of Brethren for his reſolution in the doubts occurring in his reading, and of whom; whether he hath an ordinary courſe in reading the Scripture, Eccleſiaſticall hiſtories and the controverſies; whether he makes any memoriall of his travels in writ; What is his ordinary Text; Whether he be provided to the parſonage, or vicarage, and whether he hath ſet any tacks thereof, to whom and on what condition; In whoſe hands are the tiths of his parishon, and what Overture he can give for proviſion of a ſtipend there, if it be not ſufficiently provided. And examin his Seſſion-book. When the brother is removed, let the Presbytery be enquired one by one, and declare upon their conſcience what they know of his graces, fidelity in doctrin, diſciplin and converſation. After this tryall let him be judged, and either approved, or admonished, or otherwiſe cenſured, as the cauſe requires. Next in the Viſitation of congregations, And congregatious.Try every Miniſter particularly, whether there be any Jeſuites, Papiſts, Seminary-prieſts, trafficquers againſt the Religion, and peace of the countrey, or any maintainers of them within that congregation; Whether there be any witches, excommunicat perſons, or diſobedient unto the diſciplin of the Church; Whether there be any ſuperſtitious dayes keept by ſetting forth of fires or otherways; Whether there be any ſuperſtitious places of pilgrimages, wells or chappels; Whether there be any not-communicants, any homicides or deadly fe…ds, any adulterers, inceſtuous perſons; Whither the ſabboth be profaned by keeping of ma…kets, or working eſpecially in time of harveſt; As they shall find in the premiſſes, let them take order for reformation of any point thereof. Thirdly concerning the viſitation of Presbyteries, Let And of Presbyteries.the Moderator be enquired, if they keep their ordinary meetings; If they have their monthly handling of the Common Heads, and diſputations; If they viſit all the churches ſince the laſt generall Viſitation; If they take weekly or monthly account of their Brethren diligences in the diſcharge of their duty by catechizing their flock, and viſiting the families; If any of their number be inſolent and will not acquieſce in the determinations p. 564of the Brethren; What unplanted churches are within their bounds. VIII. The Brethren that were appointed to conſider the propoſitions of the Synod of Fife (which are written before) condeſcended upon the anſwers following. 1. The Nationall Aſſe. should be appointed and keept according to the Act of Parliament July 2. year 1592. the words are inſerted, even as they be here above. P. 489. 2. If his Majeſty shall proceed againſt Miniſters according to his own declaration made and enacted in the aſſembly at Dundy in the year 1597. the deſire of the ſecond article is ſatiſfied; and no other thing is meant. 3. The Act concerning application in Exerciſe should not be extended to forbid the application of Gods word unto the generall ends thereof, which is lawfull in this manner, This point of doctrin ſerves for refutation of ſuch an error, for the rebuik of ſuch a vice, for conſorting men in ſuch a caſe: as for perſonall application; it is to be adviſed whether it should be or not, and how far; And thinks good that it be argued in the Presbyteries, which shall ſend with their Commiſſioners unto the next Aſſembly their reſolution with their reaſons; And in the mean while no nomination to be uſed in application. 4. Let all commiſſions be uſed according to the Acts of the aſſembly. 5. Doctors have had and may have vote in the aſſembly, if they have lawfull commiſſion for that effect, as it was declared in the aſſembly at Edinburgh year 1586. and in other aſſemblies. 6. Let the cautions be preciſely keept and looked-unto, as they were ordained. The ſeventh is anſwered by the aſſembly▪ 8. Nothing is to be done in the aſſemblies, unleſs it be reaſoned and adviſed ſufficiently. 9. We acquieſce in his Majeſties declaration, as W. Balcanquall will declair. 10. Let their names be given up and order should be taken preciſely. The 11. Is ended in the aſſembly. 12. We acquieſce in his Ma^s declaration, who will acquaint the presbyteries, as occaſion shall require. 13 & 14. Let greater diligence be uſed, and things amended on all hands in time coming, according to the Acts of the aſſ. Theſe anſwers were approved & regiſtred. IX. Commiſſion is given unto 24. Miniſters or any nyne of them, to attend on the King; with power as in the laſt aſſembly; And other 24. brethren are named & adjoyned unto the Commiſſioners of Provinces that were conveened at Holyrudhouſe October 15. year 1600. out of which number his Majeſty may make choice of whom he will preſent unto …aking Benefices, who should vote in Parliament. X. The aſſembly ordaines all perſons to keep the ſabbath, and inhibites all kind of fishing, and grinding of mills on the ſabbath day, Under pain of the cenſure of the Church; And ordains the Commiſſioners to petition his Majeſty that a pecuniall mulct may be laid upon the contraveeners of this Act. XI. An Act is made for planting the Churches of Annandeal, which have been deſtitute ſince the Reformation; and that all not provided Miniſters shall accept a charge there (ſufficient ſtipends being provided;) or to be declared uncapable of the Miniſtry. To this effect a roll of Expectants▪ [or Students] is written. XII. The Moderator in name of the Aſſembly makes humble requeſt unto his Majeſty in favour of Robert Bruce, that ſeing he is admitted to return, he may be reſtored unto his former Miniſtry. The King declares that he will do by advice of their commiſſioners, as Robert shall give occaſion by his behaviour; And becauſe by his Miſſive unto his Majeſty before his way going, as alſo by his ratification and declaration thereof in writ at Perth Iuny 15. laſt by paſt he had declared his reſolution concerning his Majeſties innocency, and the guiltineſs of Goury and his brother, and had promiſed to divert the people ſo far as lay in him from p. 565their lewd opinions & uncharitable miſconſtructions of his Majeſties actions in that matter; Therefore his Majeſty craves the determination of the Aſſembly, whether the ſame Robert should make the ſame declaration in the pulpit, as it is at length written in the Miſſive and explanation thereof; Which both were read, and ordained to be regiſtred. The Aſſembly voiced that the ſaid Robert should do as he had promiſed. XIII. The Aſſembly ordaines that all Miniſters should keep the fifth day of Auguſt by conveening their people, and teaching that day, by giving thanks unto God for preſerving the King from that conſpiracy of Goury and his brother; And the King promiſeth, that he shall diſcharge all riotouſneſs, drunkenneſs and other wickedneſs, by open proclamation, and shall ordain Magiſtrats to take heed thereunto. XIV. No marriage should be celebrated in the morning nor with candle light; and judgeth it lawfull to celebrat marriage on the Sabbath or any other preaching day indifferently, ſo that no riotouſneſs be uſed. XV. The Sacrament of Baptiſm should not be refuſed unto infants, if the parent crave it, he giving a Chriſtian Confeſſion of his faith; and ſpecially that Baptiſm be not aſtricted unto particular dayes. XVI. A ſummons was read, that was raiſed at the inſtance of the Synod of Lothian againſt Dame Elenor Hay Counteſs of Lithgow, charging her to appear before this Aſſembly, to proſecute her appellation from the Sentence of excommunication pronounced againſt her by the Presbytery of Lithgow; With certification, if she appeared not, the Aſſembly would ratify that Sentence. Alexander Earle of Lithgow gives a large ſupplication, mentioning how grieved he was for the obſtinacy of his ſpouſe, in not conſenting to ſatisfy the conditions that were enjoined unto her, when she was relaxed from the fearfull Sentence of excommunication; And therefore was likely to incurr that fearfull Sentence again, if the Aſſembly shall not have ſome conſideration of his eſtate, who can not forſake her ſociety, albeit he be, and promiſeth ever with Gods grace to be a ſinceer Profeſſor of the Religion taught within this countrey, and promiſeth to do his beſt endeavours for converting her unto the truth. After conſideration the Aſſembly ſuſpends the Sentence untill the next Nationall Aſſembly; Providing that the King remove his daughter out of her company; And that the Earle will promiſe and cauſe his children to be catechized in the true Religion; and that his Majeſty will give him command to debarr all other Papiſts out of his houſe, and deall earneſtly upon all occaſions with her for her converſion. XVII. Propoſition was made by ſundry brethren from diverſe parts, that ſome of beſt judgement be appointed to conſider of the chiefeſt dangers appearing unto the Religion and peace of the countrey, and of the the principall cauſes thereof, and how it might be beſt prevented. Brethren were appointed for this effect, and having ſeverall dayes communicat their thoughts, did find, that a chief cauſe of danger proceeds from miſcontentment of ſome malicious and reſtleſs Papiſts, who rage, and leave nothing uneſſayed to work trouble, becauſe they are out of all hope to have his Majeſties indifferent affection or connivence to them and their Religion, during his Reign; And of others who by the execution of juſtice find themſelves and their friends to have ſuffered dammage, and to be empaired of their greatneſs and dependance, and ſo redacted to live under the obedience of lawes; otherwiſe then they were wont; And from p. 564minations of the Brethren; What unplanted churches are within their bounds. VIII. The Brethren that were appointed to conſider the propoſitions of the Synod of Fife (which are written before) condeſcended upon the anſwers following. 1. The Nationall Aſſe. should be appointed and keept according to the Act of Parliament July 2. year 1592. the words are inſerted, even as they be here above. P. 489. 2. If his Majeſty shall proceed againſt Miniſters according to his own declaration made and enacted in the aſſembly at Dundy in the year 1597. the deſire of the ſecond article is ſatiſfied; and no other thing is meant. 3. The Act concerning application in Exerciſe should not be extended to forbid the application of Gods word unto the generall ends thereof, which is lawfull in this manner, This point of doctrin ſerves for refutation of ſuch an error, for the rebuik of ſuch a vice, for conſorting men in ſuch a caſe: as for perſonall application; it is to be adviſed whether it should be or not, and how far; And thinks good that it be argued in the Presbyteries, which shall ſend with their Commiſſioners unto the next Aſſembly their reſolution with their reaſons; And in the mean while no nomination to be uſed in application. 4. Let all commiſſions be uſed according to the Acts of the aſſembly. 5. Doctors have had and may have vote in the aſſembly, if they have lawfull commiſſion for that effect, as it was declared in the aſſembly at Edinburgh year 1586. and in other aſſemblies. 6. Let the cautions be preciſely keept and looked-unto, as they were ordained. The ſeventh is anſwered by the aſſembly. 8. Nothing is to be done in the aſſemblies, unleſs it be reaſoned and adviſed ſufficiently. 9. We acquieſce in his Majeſties declaration, as W. Balcanquall will declair. 10. Let their names be given up and order should be taken preciſely. The 11. Is ended in the aſſembly. 12. We acquieſce in his Ma^s declaration, who will acquaint the presbyteries, as occaſion shall require. 13 & 14. Let greater diligence be uſed, and things amended on all hands in time coming, according to the Acts of the aſſ. Theſe anſwers were approved & regiſtred. IX. Commiſſion is given unto 24. Miniſters or any nyne of them, to attend on the King; with power as in the laſt aſſembly; And other 24. brethren are named & adjoyned unto the Commiſſioners of Provinces that were conveened at Holyrudhouſe October 15. year 1600. out of which number his Majeſty may make choice of whom he will preſent unto vaking Benefices, who should vote in Parliament. X. The aſſembly ordaines all perſons to keep the ſabbath, and inhibites all kind of fishing, and grinding of mills on the ſabbath day, Under pain of the cenſure of the Church; And ordains the Commiſſioners to petition his Majeſty that a pecuniall mulct may be laid upon the contraveeners of this Act. XI. An Act is made for planting the Churches of Annandeal, which have been deſtitute ſince the Reformation; and that all not provided Miniſters shall accept a charge there (ſufficient ſtipends being provided;) or to be declared uncapable of the Miniſtry. To this effect a roll of Expectants [or Students] is written. XII. The Moderator in name of the Aſſembly makes humble requeſt unto his Majeſty in favour of Robert Bruce, that ſeing he is admitted to return, he may be reſtored unto his former Miniſtry. The King declares that he will do by advice of their commiſſioners, as Robert shall give occaſion by his behaviour; And becauſe by his Miſſive unto his Majeſty before his way going, as alſo by his ratification and declaration thereof in writ at Perth Iuny 15. laſt by paſt he had declared his reſolution concerning his Majeſties innocency, and the guiltineſs of Goury and his brother, and had promiſed to divert the people ſo far as lay in him from p. 565their lewd opinions & uncharitable miſconſtructions of his Majeſties actions in that matter; Therefore his Majeſty craves the determination of the Aſſembly, whether the ſame Robert should make the ſame declaration in the pulpit, as it is at length written in the Miſſive and explanation thereof; Which both were read, and ordained to be regiſtred. The Aſſembly voiced that the ſaid Robert should do as he had promiſed. XIII. The Aſſembly ordaines that all Miniſters should keep the fifth day of Auguſt by conveening their people, and teaching that day, by giving thanks unto God for preſerving the King from that conſpiracy of Goury and his brother; And the King promiſeth, that he shall diſcharge all riotouſneſs, drunkenneſs and other wickedneſs, by open pro…lamation, and shall ordain Magiſtrats to take heed thereunto. XIV. No marriage should be celebrated in the morning nor with candle light; and judgeth it lawfull to celebrat marriage on the Sabbath or any other preaching day indifferently, ſo that no riotouſneſs be uſed. XV. The Sacrament of Baptiſm should not be refuſed unto infants, if the parent crave it, he giving a Chriſtian Confeſſion of his ſaith; and ſpecially that Baptiſm be not aſtricted unto particular dayes. XVI. A ſummons was read, that was raiſed at the …nſtance of the Synod of Lothian againſt Dame Elenor Hay Counteſs of Lithgow, charging her to appear before this Aſſembly, to proſecute her appellation from the Sentence of excommunication pronounced againſt her by the Presbytery of Lithgow; With certification, if she appeared not, the Aſſembly would ratify that Sentence. Alexander Earle of Lithgow gives a large ſupplication, mentioning how grieved he was for the obſtinacy of his ſpouſe, in not conſenting to ſatisfy the conditions that were enjoined unto her, when she was relaxed from the fearfull Sentence of excommunication; And therefore was likely to incurr that fearfull Sentence again, if the Aſſembly shall not have ſome conſideration of his eſtate, who can not forſake her ſociety, albeit he be, and promiſeth ever with Gods grace to be a ſinceer Profeſſor of the Religion taught within this countrey, and promiſeth to do his beſt endeavo…rs for converting her unto the truth. After conſideration the Aſſembly ſuſpends the Sentence untill the next Nationall Aſſembly; Providing that the King remove his daughter out of her company; And that the Earle will promiſe and cauſe his children to be catechized in the true Religion; and that his Majeſty will give him command to debarr all other Papiſts out of his houſe, and deall earneſtly upon all occaſions with her for her converſion. XVII. Propoſition was made by ſundry brethren from diverſe parts, that ſome of beſt judgement be appointed to conſider of the chiefeſt dangers appearing unto the Religion and peace of the countrey, and of the the principall cauſes thereof, and how it might be beſt prevented. Brethren were appointed for this effect, and having ſeverall dayes communicat their thoughts, did find, that a chief cauſe of danger proceeds from miſcontentment of ſome malicious and reſtleſs Papiſts, who rage, and leave nothing uneſſayed to work trouble, becauſe they are out of all hope to have his Majeſties indifferent affection or connivence to them and their Religion, during his Reign; And of others who by the execution of juſtice find themſelves and their friends to have ſuffered dammage, and to be empaired of their greatneſs and dependance, and ſo redacted to live under the obedience of lawes; otherwiſe then they were wont; And from p. 566malicious buſineſs of ſome crafty perſons, who either for the preſent neceſſity of their eſtate, or in hope of gain to be had in the change of the government, ceaſe not to enflam the hearts of ſuch as they perceive to be miſcontented in any rank, and make every man to apprehend his own deſire in the trouble of the countrey; not ſparing them who are of moſt ſinceer affection unto Religion and juſtice, as if it were not carried with that integrity as is profeſt; So endeavouring to make the godly and good ſubjects the colder adverſaries againſt them who intend any commotion; For remedy it is thought good, that his Ma. be informed hereof, that by his care and providence ſo ungodly counſels and plots may be diſappointed; and that Miniſters deal with their congregations & auditors upon all occaſions both publickly in their teaching, and in their privat conferences with the Noble men and others of credit and power, to perſuade them of the Kings honeſt mind toward the eſtablished religion; and the execution of juſtice; and of his ſteadfaſt reſolution to hazert his eſtate, life and crown in the cauſe of the Goſpell; with the ſtanding & falling whereof he thinks his own ſtanding and …alling to be inſeparably conjoyned; And that they mark carefully the actions of all men, ſpecially of ſuch as either for religion or execution of juſtice, or the neceſſity of their own eſtate do grumble againſt the preſent government; and are enclined unto novation; And whom they shall find in any extraordinary kind of buſineſs b…ſids their cuſtom, they should acquaint his Majeſties Miniſters thereof; not ceaſing in the mean while to bring them unto a quiet mind; And for this effect, in all their ordinary meetings as of Seſſions, preſbyteries and ſynods there should be a privat and particular inquiſition in this point, if need shall require, and his Majeſty should be advertiſed with all expedition; As alſo it is thought expedient that his Majeſties Miniſters should inform the Preſbyteries of things occurring ſo far as the good of Religion shall require; And that this advertiſment should be extracted, and ſent with diligence unto every presbytery. XVIII. The next aſſembly is appointed to be at Aberdien the laſt tuyſday of Iuly in the year 1604. In one copy I have found this modell following.

The order of proceeding in the Provinciall Synods.

1. The ſē cing or ſitting down.

1. By the Moderator that laſt was, in exhortation, prayer, and delivering the books of the Aſſembly with the Acts formed, booked and ſubſcribed by him, and ordering by liet and votes the election of another Moderator.

2. By the choſen Moderator, in appointing the hours of meeting, and other things concerning good order; in cenſuring the abſents from the preceeding Aſſembly, and noting if all the members be preſent, when the role of Miniſters, Elders and Commiſſioners is to be called.

II. things to be treated

1. The books of every Presbytery should be ſighted; whether the Presbyteries be duly keept in conveening, exercizing, having monthly common-heads and diſputes, & viſiting the Churches.

2. Paſtors in their office ſeverally or together. Severally it is to be enquired into their teaching at their own Churches, and diſciplin: every one is to be enquired concerning the place of Scripture handled by them ſince the laſt Aſſembly; and the adminiſtration of the communion, and diligence in examination of young and old paſſing before in the points of Catechiſm, and concerning their keeping the Seſſion weekly, and things done therein: for which effect they should bring their books containing p. 567thoſe and the names of baptized and married perſons, and of ſlanderous or ſcandalous perſons.

2. They should be examined in their manner of converſation, whether it be not only without ſcandall, but edificative.

3. Concerning their proviſion by ſtipend or Benefice, gleeb, manſe, &c.

2. If Miniſters have queſtions or bils for reſolution or furtherance in their office & livings, let them be anſwered. If any bils or accuſations againſt them be given by any, let them be heard; and ſo if by any of them.

3. If any appellations, references or ſummons be from Preſbyteries, let them be decided.

4. If any references from the laſt generall Aſſembly, or ſupplication unto the next Parliament, or generall Aſſembly; or any inſtructions thereunto.

5. Concerning the people; whether any ſcandalous perſons; and their repentance.

III.

Concluſion; abſents are to be marked; appointing time and place of the next Aſſembly; thanksgiving.

It may be marked, that this nomination of Voters in Parliament was not according to the cautions that were concluded in the Aſſembly of the year 1600. but they were leſſe looked-upon afterwards, when others were choſen, who were not in this number. As for Robert Bruce, he ſaw that the other Miniſters who had confeſſed their fault, were not reſtored unto their places: and therefore he would not make the publick confeſſion, as it was enioyned him: for his refuſing he was confined ſome years in the north, and then to his own houſe of Kinnaird.

III. Aprile 3. year 1603. the King had a publick Speach in the great Some occurrents in Aun. 1603. & 1604.church of Edinburgh two dayes before he took journy unto England: there he thanked God, that both Church and kingdom were ſetled in that eſtate, which he intended to change no way, his ſubjects living in peace. He promiſed again the ſame concerning the diſciplin Aprile 5. unto the Commiſſioners of the Synod of Lothian meeting him above Hadintoun; but he would not yeeld to releaſe Andrew Melvin and John Davidſon from their confinement, nor grant Robert Bruce to re-enter into Edinburgh. A little before, Ormeſton made ſupplication for John Davidſon: but the King ſaid, His hands were bound up by a promiſe unto the Commiſſioners of the generall Aſſembly. Though the chief Watch-towers of the Church, towit, Edinbu…gh and Santandrews were ſpoiled of their faithfull watch-men, yet the plotters of Epiſcopacy perceived that their courſe could not be eaſily advanced as they would, unleſs the Church were deprived of their liberty to indict & hold free generall Aſſemblies. And becauſe they were accountable unto thoſe aſſemblies, they endeavoured, that no aſſembly should bee, untill they had purchaſed power to over-rule them; nor then, but when they pleaſed. This was perceived by the judicious Miniſters, who uſed means for preſerving the liberty of the Church. The Synod of Fife dealt with John hall, to entreat, that …he aſſembly might conveen before the enſuing Parliament An. 1604. according to the cuſtom in former times. Afterwards he a…ported, that he had written ſo unto the King, but could not obtain it. The preſbytery of Edinburgh wrot unto Patrik Galloway (then at Court) for the ſame effect: after ſundry delaying anſwers he promiſed at laſt to return for that end: but when he and the entitled Bishop of p. 568Roſs returned, they report in a full convention of Miniſters (directed from the Synods) that the King ſaid, It is needleſs, becauſe nothing is to be handled in the next Parliament, but the union of the two Kingdoms, whereby the order and diſciplin of the Church should be no way prejudged▪ The Miniſters alledged, The Union can not be concluded without union of the Churches in government and form of worship; and that the Voters in name of the Church were tied by cautions not to propound in Parliam. or other Convention without expreſs warrant and direction of the Aſſembly. The new-named Bishops and other advancers of that courſe were not pleaſed with ſuch anſwers, and brake up the Conference, as they were wont, when they were croſsed. When the time appointed by the laſt aſſembly was approaching, the Lord Scoon brought from Court (among other articles) one for delaying the Aſſembly. The commiſſioners of the Generall aſſembly ſent their Miſſives unto the preſbyteries in Juny, and prorogated the aſſembly untill the firſt tuyſday of July in the year 1605. or a …horter diet upon▪ new advertiſment, at his Majeſties pleaſure. The preſbyteries unwillng to offend the King, acquieſce; yet they ceaſed not to crave the haſtning of the time, becauſe of urgent neceſſities, as of iniquity abounding, idolatry waxing, Jeſuits and Seminary-prieſts traficking through the countrey ſecurely, malefactors …luding the inferior Judicatories by appellations to the generall aſſembly, which, they ſay, will never bee. The presbytery of Santandr. reſolved to keep the day that was appointed before, becauſe the warrant of keeping it was ſafer than the warrant of delaying, and the rather that the intended Union was nothing hindered thereby, So James Melvin, William Erskin and William Murray were directed as their commiſſioners: they preſented their commiſsion in the church of Aberdien upon the laſt tuyſday of July about four a clock in the after-noon before two Miniſters of the town, the Miniſter at Nig; the town-Commiſſary and two Notaries, and other witneſses, and made their proteſtation both by word and writ ſubſcribed with their hands, that they appear there for keeping the aſſembly, and that it deſert not ſo far as in them lieth; and they proteſt that whatſoever detriment or prejudice befalleth the Church of Scotland by neglecting the Aſſem. it be not imputed unto the presbytery of Santand; and for remedy agreeable to the word of God, lawes of the realm, acts and conſtitutions of the Church, antient practiſe and liberties thereof, when God shall think expedient. Albeit that day was not keept, yet it was delayd becauſe of his Ma^s Miſſive directed unto the presbyteries, and ſubſcribed by his Majeſties commiſſioner and Moderator of the laſt aſſembly, and another day was appointed, the firſt tuyſday of July year 1605. at the farreſt or ſooner, as is before. The beſt affected in the North were touched with remorſe for their own neglect, when they ſaw the carefulneſs of the presbytery of Santandrews. Theſe three Brethren adviſed them to direct from their next Synod, which was to be in Auguſt at Aberdien, their Letters into other Synods, entreating them to ſend ſome of their number unto the enſuing Synod of Fife at Santandrews, where they may lay open their grievances, and concurr in craving a generall aſſembly. In the Parliament held at Perth July 11. when Commiſſioners were choſen to treat with England concerning the Union, ſome Noble men, and Barons and Burgeſſes craved a clauſe to be inſerted in the Commiſſion for preſerving the eſtate of religion and diſciplin in it's own freedom & ſincerity; And they craved the aſſiſtance of the Commiſſioners of the generall aſſembly: but theſe bewrayd their intentions to overthrow the diſciplin notwithſtanding p. 569their contrary promiſes and proteſtations. Nevertheleſs no in convenent followed at that time, becauſe the Union was croſſed. A great number of Miniſters conveened at Santandrews, ſpecially from the South and Weſt parts. Sir Alexander Straton of Laureſton (the Kings Commiſſioner in Church affaires) was informed that they intended to hold a Nationall aſſembly: therefore he went thether with Letters from the Counſell in readineſs to diſcharge their meeting: but when he ſaw their proceedings, he approved all, and adviſed them to warn other ſynods to direct their commiſſioners unto Perth in October to conveen with the commiſſioners of the generall aſſembly. When they were aſſembled, Laureſton willed the commiſſioners of the ſynods to conveen apart, to conſider of their articles and petitions, which they would ſend with him unto the King. They went ſo, and declared theit griefs one to another, regrating heavily the decay of the liberty of the Church, the uſurpation of the commiſſioners of the Generall aſſembly, who take unto them all the government of the Church; the inconveniences falling▪out thereby in all the Provinces; and the want of a generall aſſembly. How ſoon theſe things were made known unto theſe generall commiſſioners, they would not ſuffer the others any more to conveen apart. When they conveened all together, they inſiſted moſt upon two grievances; one, that the commiſſioners of the laſt generall aſſembly, or rather ſome few of them arrogated to themſelves all the government of the Church and power of the generall aſſembly, doing and undoing at their pleaſure under the name of it; and redacting the Church into an oligarchy, albeit their commiſſion be expired with the date of the laſt appointed aſſembly. The other that the new named Bishops took the boldneſs to reaſon and vote in Parliament without any commiſſion from the Church. Unto the firſt they anſwered, Their commiſſion should continue till the next aſſembly: they were weary of that office, but the King would deal with no others; and that yee will find, if yee attempt any thing without us. This laſt was true: but better none at all then ſuch. As for the firſt part, the effects proved that they were not weary: for to the end, they might continue, they procured the prorogation of the aſſemblies, and their commiſſion was the chief means, whereby they wrought their advancement. Unto the next, both the Bishops and others not yet promoted, anſwered, Let the breakers of the cautions be ſeveerly cenſured; I wish (ſaid George Graham) he were hang'd above all thieves, who preaſeth not to his uttermoſt; to ſee the cautions keept, for holding out corruption, and the pride and tyranny of Bishops, And nevertheleſs he accepted firſt the Bishoprik of Dunblain, and then of Orknay, never acknowledging the aſſembly and contrary to his many promiſes. The others replied; Not a jote of the cautions is keept either in the entring of Bishops, or in their adminiſtration: they leave their flocks, run Poſt to Court, and return Lord Bishop. The other generall commiſſioners ſaid, They may reſerve their grievances unto the next generall aſſembly, where they promiſed their concurrence, or if they failed, they were never to be eſteemed as brethren. It was replied, All grievances are remitted unto the generall aſſembly; and in the mean while thoſe who feared cenſure, and had credite at Court, procured delayes, untill cuſtom corroborat their corruptions; and means were uſed even among Miniſters for their advantage and continuance: betwixt them and Chriſt be it, when he shall call them to account. In end they agreed on four points to be petitioned. 1. That a generall aſſembly may without offence to his Majeſty be held according to the Act of p. 570Parliament and former cuſtom. 2. That order may be taken with Papiſts and contemners of the Church-diſciplin. 3. That their godly and faithfull brethren, who are perſecuted by the English Bishops, may be permitted to exercize their Calling. 4. Concerning the Plat; which in then laſt meeting had prejudged ſundry Miniſters. Laureſton promiſed to deal faithfully with the King in theſe particulars: but the plotters undermined by their privy Letters. In the ſynod of Lothian at Tranent in Auguſt, Jo. Spotſwood and Iames▪law were accuſed for overthrowing the diſciplin. They proteſted, that they had no ſuch intention, but only to recover the revenues of the Church. But the brethren preſſed them to ſubſcribe the Confeſſion of faith de novo; and they ſubſcribed it with the others.

IV. Laureſton returning from Court, heard of the Synod of Fife at 1605.Bruntelan: thether he went. Mention being made of haſtening the Aſſembly, he oppoſed, and shew that in his commiſſion was one article, not to permit it. Howheit ſupplication was made ſeven times to prevent the appointed day, becauſe of inconveniences following upon the delay, the generall commiſſioners would not hear; but alwayes promiſed that without fail the appointed time should be keept. And when the time approached, they ſent their Letters unto the Preſbyteries, adviſing them not to keep the aſſembly on the fifth of July, but delay untill the next Parliament, without intimation of any other time or place. Thoſe Letters were not ſent untill the time was ſo nigh, that one presbyte…y should not know what another would do, and they had platted to have epiſcopacy reſtored in the Parlia. and in their Miſſives they named the fifth day of July, as if that day had been appointed before for the aſſemb. which gave occaſion that ſundry Miniſters miſtook the day: whereby thoſe who went to Aberdien, keept not one day. Some came July 1. to keep the firſt tuyſday (which was the day) The Aſſembly at Aberdien.according to the Letter of prorogation in the preceeding year: theſe were Robert Dury Miniſter at Anſtruther, Andrew Duncan Min. at Careil, Jo. Sharp mi. at Kelmeny, Andrew Strachan mi. at Kriech Jo. Forbes mi. at Awford, William Forbes at Kinbethok, James Irwin at Touch, Robert Youngſon at Clat, Robert Red at Ban…hry, Charls Farholm at Fraſerburgh, William Davidſon ar Rathen, David Robertſon at Rugley, John Monro ar Tane, Archbald Bla…kburn and James Roſs at Aberdien, and John Rogh at Nig. When James Roſs had ended his Sermon after the cuſtom of the town on tuyſday, they conveened in the church with the Kings commiſſioner, and with common conſent delayd their ſitting untill two a clok in expectation of mo hindred upon their way (as was ſuppoſed) by rainy weather. At that hour they meet in the Seſſion-houſe within the church, and after prayer by David Reat late Moderator of the Synod at Aberdien (who now came with Alexander and James Mill) Laureſton ſaid, Though he might charge them, yet he would rather make uſe of a Miſſive from the Lords of the Counſell. The Letter was directed, To the Miniſtry in the Aſſembly at Aberdien. He willed them to read it, and give him their anſwer. They anſwered, It can not be orderly opened nor reade untill a Moderator were choſen. He named John Forbes to be mouth for them. They ſaid, There muſt be an ordinary election. He removed himſelf, leſt (as he ſpake) he were quarelled as ſeeming to approve their election by his preſence, if it fall, that he and they shall not agree. Then they required Thomas Nicolſon▪ the ordinary clerk of the aſſemblies to do his office: he refuſed untill he ſaw how they will ſatiſfy the Commiſſioner: then craving their diſpenſation he went away. They proceed, and having named three p. 571on the election, with generall conſent they chooſed John Forbes, and the rather that Laureſton had named him: after prayer by the Moderator, they chooſe John sharp to be Scribe pro tempore. The Letterr was read, conſiſting of two points, to diſſolve the Aſſembly, and to name no diet of another till his Majeſty were certified. They yeeld unto the firſt; and for the other, to keep the liberty according to they Act of Parliament they reſolve to entreat the Commiſſioner to appoint time and place of another aſſembly; and if he refuſe, they will do it. They ſent and entreated his preſence: then the Moderator declared the judgement of the aſſembly: He approved the firſt part, and refuſed to deſign another time long or short. They aſſured him, that upon the reverent reſpect of his deſire, they would be als ready afterwards to delay unto a certain day, if his Majeſty shall require it. After reaſoning he acknowledged a neceſſity of appointing a certain day, but he would not do it, becauſe he had no warrant. He removed himſelf again, though he was entreated to ſtay; giving the ſame reaſon as before. Immediatly they adiourn the aſſembly unto the laſt tuyſday of September next, and appoints intimation to be made unto all the preſbyteries accorto former cuſtom. Then Laureſton returned (the door was alwayes open) and proteſted that he acknowledged not that for a lawfull Aſſembly from the beginning, becauſe of the abſence of the Moderator of the laſt aſſembly; and of the Clerk (he except not againſt the number.) The Moderator anſwered, It can not but be a lawfull Aſſembly becauſe of the warrant. 1. Of Gods word. 2. The lawe of the realm. 3. Continuall practiſe ſince the year 1560. and moſt clearly ſet down in the book of diſciplin eſtablished by his Mas own deſire publickly made known in the Aſſe. at Glaſgow 1581. ch. 7. art. 3. & 4. where it is ſaid, All eccleſiaſticall Aſſemblies have power to conveen for treating of things concerning the Church: they have power to appoint time and place to that effect, and one Aſſembly to appoint time and place of another. 4. The ſubſcription and oath of the King and all his ſubjects. 5. the Commiſſioners from Perth. 6. The preſidents in the Regiſter of the aſſemblies for chooſing a Moderator in abſence of the former, and a Clerk for the time in abſence of the ordinary. In the mean while Laureſton cauſed John Wishart Meſſinger (or purſevant) to charge the Aſſembly under pain of horning to ſuffer it to deſert, and gave a copy unto the Moderator. Obedience was given inſtantly and the Moderator craved inſtrument under the hand of the ſame Meſſinger (being alſo a Notary:) and becauſe he refuſed, the Miniſters after the diſſolving of the Aſſe. with prayer by the Moderator, went inſtantly into the common Clerk's chamber of Aberdien, & took inſtruments of their obedience unto that charge. Of this charge no mention was made unto the Lords of the Counſell, but another that was alledged to have been given by vertue of the ſame letters on moonday July 1 by open proclamation at the market croſs, whereas no ſuch was done: for Laureſtoun would have mentioned it, and not ſaid, he might have charged them. And it can be proved (as the Miniſters wrot in The Report of the proceedings of the Aſſembled Miniſters at Aberdien) that from the firſt coming of Laureſton and his ſervants into Aberdien untill eight a clok at night, there were continually about the market place walking ſundry honeſt men, who heard no ſuch thing. I add of my own experience; that Sumner was after the year 1606. called uſually, Jogleover, or contractly, Joglou'r; as thouſands yet alive in Augus and Merns can teſtify; and he dwelt in Fe…ter cairn in a houſe belonging then to Laureſton, about twenty years after that aſſembly, I heard a gentle man employing him in a buſineſs, and having informed him, he ſaid, Jogle not over my buſineſs, but do it faithfully: p. 572Then I asked the man; Why they do call him Joglour? He blushed, and gave no anſwer. The Gentle man laughing, ſaid unto mee, He will never tell you, but I will give you the reaſon of his name: He is a falſe rogue; when the Miniſters were condemned for the Aſſembly at Aberdien, ſome did accuſe him, that he was the cauſe of their condemnation, becauſe he had indorſed the Charge with a falſe date or antedate: And then he anſwered, Alas! I knew no thing what was intended, and I thought, it was but a ſmall thing to jogle over [or shuffel] one day at my Maſters command: and for that, be is alwayes called Joglour. The man heard all theſe words, and ſaid nothing, but ſighed. I return to the hiſtory. VponUpon tbe fourth and fifth of July ſundry commiſſioners came to Aberdien from the presbyteries of Kyl, Carrik, Cunningham, Lothian, Mers & Perth: they ſaid, they were hindred partly by extraordinary rain, and partly deceived by the Miſſives that were ſent unto the presbyteries, pointing at the fifth day. John Welsh, Nathaniel English and others finding that the brethren were diſſolved, and having received a ſubſcribed copy of their proceedings, went together into the place where the Aſſembly ſat, and for the diſcharge of their commiſſions, took inſtruments in the hands of two Notaries, that they were come to keep the Aſſembly, and finding it to be diſſolved, did ratify and approve their proceedings in their own names, and in name of the presbyteries that had ſent them. Laureſton reported unto the Counſell what they had done, and ſaid that he had diſcharged them by open proclamation at the market croſs of Aberdeen on Iuly 1. to hold the aſſembly, as the indorſing of the Letters ſpecify. Iohn Forbes being in Edinburgh Iuly 24. of purpoſe to ſatisfy the Lords of Counſell, concerning the alledged diſobedience of his Majeſties charge, was warned by a Macer to appear before the Counſell. At that time conveened ſix Lords, ſeven Bishops and commiſſioners of the generall Aſſembly (a novelty not heard before in Scotland) and they conveened the ſooner, and preventing the ordinary time of Counſell, becauſe they feared the oppoſition of ſome Lords. Becauſe he would not condem the Aſſembly holden at Aberdien by his privat judgement (howbeit he was willing to ſubmit himſelf and the proceedings thereof unto the judgement of the generall Aſſembly) he was com;manded to ward in the caſtle of Edinburgh. The next day Iohn Welsh (one of thoſe who came upon the fifth day) was charged to appear before the Counſell, and becauſe he refuſed to give his oath ſuper inquirendis (he declared himſelf ready to give his oath, upon the knowledge of their interrogatories) he was committed into the Iail of the town, and about elleven a clok he and Iohn Forbes were tranſported to Blakneſs. Iuly 25. charge was given by open proclamation, unto Proveſts and Bailives of Burghs, namely, of Aberdien to ſuffer no Miniſters to enter within their bounds on the firſt tuyſday of September, nor eight before nor after, to hold any Aſſembly, as was appointed lately by the Miniſters at Aberdien. On Auguſt 2. Ro. Duty, Andrew Duncan, Alex. Strachan and Io. Sharp being ſummoned, compeared before the Counſell, and becauſe they would not condem their proceedings at Aberdien, were ſent to Blackneſs. In the mean time the peſt break up in Edinburgh, Lieth, Santand. and other parts of the countrey, On Auguſt 8. all presbyteries, church-ſeſſions & ſynods and particularly Miniſters were diſcharged by proclamation to authorize, approve the proceedings of thoſe Miniſters; And Noble men, Barons, gentle men, Magiſtrats and other ſubjects were charged to report unto the Counſell, when they hear any Miniſter in Sermon or any privat confence to juſtify their proceedings, or condem the proceedings of the Counſell, With p. 573certification, if they fail, &c. Much buſineſs was for annulling thoſe proceedings, becauſe they had appointed a new Aſſembly for preſerving the Church's liberty ratified by Parliament; and ſo long as that liberty was preſerved, epiſcopacy could not be advanced. On October 3. other 14. Miniſters that had been at Aberdien, being cited, compeared before the Counſell: ſeven of them were ſent to wards in ſundry places for the ſame cauſe that the others were. The other ſeven confeſſed, that if they had known, they would not have been there. So they were diſmiſſed. One of them, Robert Youngſon repented, and at the next diet compeared with the impriſoned Miniſters, before the Counſell. Thomas abernethy ſtood for the Aſſembly, untill he heard, that the was to be warded in Innerneſs: then he ſubmitted, and was licenced to return home. Some were not ſummoned. The Synod of Fife was to meet at Dunfernlin Septemb. 2. but the Chancelor Seton gave direction unto Pitfirren to hinder them from entring into the town: and therefore they aſſembled at Innerkithen: where they agreed upon a faſt, becauſe of the inpriſoned Miniſters, and the reſtraint of the liberties of the Church. The impriſoned Miniſters after five weeks ſent unto the King an apology, to clear their cauſe by right information, and to ſupplicat for their liberty: but they were not heard. Becauſe it was talked in the countrey, that the Church was deprived altogether of their liberty and power to indict and hold generall Aſſemblies, and that we were not to have any moe, one was proclamed to be held at Dundy the laſt tuyſday of July. It was not expreſſed in what year: therefore ſome called it fair words. After 13. weeks impriſonment, theſe Miniſters were ſummoned to compear before the Counſell October 24. to hear & ſee it declared, that they had very contemptuouſly, and ſeditiouſly conveened and proceeded; and therefore their Aſſembly to be declared unlawfull, and they to be punished in their goods & perſons; or els to shew a reaſonable cauſe, why the ſame should not be done, With certification, &c. They compeared that day, and preſented a ſupplication unto the Lords to remit the tryall of their cauſe unto the Generall Aſſembly the only competent Judge thereof, ſeing the allowance or diſallowance of a Generall Aſſembly belongs unto the ſubſequent Aſſembly, as precedents can declare, where the King hath been preſent perſonally; as alſo becauſe in the late proclamation his Majeſty declares that he expectes reparation of all miſ-orders in the next Aſſembly. The ſupplication was read, and rejected: and they were urged by the Kings Advocat Sir Thomas Hamilton then of Monkland to anſwer unto the libell. Wherefore they thought themſelves conſtrained to give-in this Declinature; My Lords of Secret Counſell; Pleaſe your L. L. the approbation or diſ-allowing of a generall Aſſembly hath been and should be a matter and cauſe ſpirituall, and alwayes cognoſced & judged by the Church as Judges competent within this realm. And ſeeing we are called before your L. L. to hear and ſee it found and declared, that we have very contemptuouſly conveened and Aſſembled ourſelves in a generall Aſſembly at Aberdien the firſt tuyſday of July laſt, and therefore that Aſſembly to be declared unlawfull, as at more length is contained in the ſummons; Wee in confideration of the premiſſes and other reaſons to be given by us, have juſt cauſe to decline your L. Ls judgement, as no way competent in the cauſe above ſpecified, and by theſe preſents ſimpliciter decline the ſame, ſeing we are moſt willing to ſubmit ourſelves to the tryall of the generall aſſembly the only Judges competent; By theſe preſents ſubſcribed with our hands October 24. And it was ſubſcribed by all the p. 574fourthien. They were nevertheleſs required to anſwer unto the ſummons; and they did anſwer for clearing themſelves, but with proteſtation of adhering to their declinature. In ſumma, they declare, that they had done nothing but according to an Act of Parliament in the year 1592. and they offred to diſprove the indorſation of the charge, and whereas their declinature was taken in ill part, they do acknowledge themſelves willing▪ to ſubmit unto the judgement of the Counſell in any matter, wherein any other ſubject ought to ſubmit: neither is it a new thing to decline their judgement in ſome caſes; ſeing there is extant a declinature ſubſcribed by moe then 300. Miniſters, and namely by ſome of theſe who now are their greateſt adverſaries; And it it uſuall unto the ſubjects in ſome Civill cauſes to decline the judgement of the Counſell, and to take them unto the judgement of the Lords of the Seſſion, or of the Juſtice generall, or even of a Regality. They were ſent to their ſeverall priſons, and Robert Youngſon [who that day had joyned with them, confeſſing his trouble of conſcience for his former overſight]. was impriſoned in Sterlin. After that time they published an Apology, wherein they enlarged their anſwers, and the reaſons of their declinature [whereof a touch followes] and in end they ſay, Let it be ſuppoſed that it was an offence, to hold the Aſſembly, yet it should not be imputed unto them particularly, but unto the preſbyteries, unto whom the Letters of the generall Commiſſioners were directed, and who had ordered them, to go and keep the Aſſembly; and afterwards had approved their proceedings. Notwithſtanding all their allegations, John Forbes, John Welsh, Robert Dury, Andrew Duncan, Iohn Sharp, and Alexander Strachan were brought by the Guard from Blackneſs to Lithgow to be arraigned January 10. before the Counſell, of treaſon, becauſe they had declined the Counſell. It was ſaid commonly, that the extraordinary diſcovery of the powder▪plot at London would have moved the King to deſiſt from troubling Miniſters (either in England for their not▪conformity unto the rites, or in Scotland for ſtanding to their ratified liberty) when all the churches were required to give thanks unto God for that Benefit. But the Earle of Dunbar was ſent from Court to manage that buſineſs. Ere the Miniſters were brought to the Bar, ſome Counſellers were ſent unto them, to move them take up their declinature. After advice with ſome other Miniſters there preſent, they anſwered; They would take up the declinature, if the Counſel would delete the proceſs and decreet ſtanding againſt them. The Lords replied, The Counſell could not annull their decreet, which was regiſtred. Others were ſent unto them again, to adviſe them to paſs from the declinature pro loco & tempore, aſſuring them▪ that the Counſell would paſs from all proceſs & perſute. They would not anſwer without advice of their Brethren, who were there about thretty: and then they anſwerd, The teſtimony that was given, could not be recalled without prejudice of the Trueth▪ And they craved licence to advice with their own preſbyteries, upon caution that they shold return into priſon. This was denied. All that number of Miniſters accompanied the impriſoned, unto the Bar about one a clok. There were preſent in the Counſell, the Earles of Montroſe, Dunfernlin Chancellor, Mar, Lithgow, Dunbar, and Lords Glams, Elphinſton, Abercromy, Scoon, Balmerino, Newbotle, Tullibairn, Blantyre, Haliroodhous, and Barons Whittingam, Pennicook, Clerkinton, Murdo-Cairny, Kilſyth and Maſter of Elphinſton, to aſſiſt the Juſtice. Deput as Aſſeſſors in the cauſe. Sir Thomas Hamilton the Kings p. 575Advocat, compeared to accuſe, The Dittay was read, importing their treaſonable declinature of the Royal authority, grounded upon an act of Parliament in the year 1584. I omit the particular aggravations, becauſe they may be known by the anſwers. The ſubſtance of their defence by their Advocat, Thomas Hope (afterwards the Kings Advocat and Lord Craig-hall) was; The declinature is not againſt either the title nor intention of the law, which was made only againſt ſuch as derogat from the K. royall authority: but this declinature left his authority fully. The law ſerved only againſt ſuch as were ſummoned ſuper inquirendis; but theſe were accuſed and committed to priſon for a deed or action; Their declinature was propounded by way of defence: and therefore can not be accounted treaſon; The law naming the penalty of treaſon is odious: and therefore should not be enlarged, but rather reſtrained. That which is treaſon in a caſe expreſſed, may not be extended unto other caſes not expreſſed; That law judgeth not ſuch a caſe to be treaſon, but only forbids ſuch a thing under the pain of treaſon; The act bearing only the incurring of treaſon, the penalty can never be juſtly inflicted, unleſs the fact be found treaſonable by law: But no law defineth the declinature of an incompetent Iudge to be treaſon: Neither did theſe decline the Kings judicatory ſimply, but the Counſels, and that only in this and and ſuch cauſes; They were ever, and yet are content to be judged by his Majeſty and the Generall aſſembly, ſeing according to God's Word, and the lawes of the realm, which have diſtinguished the Civil and Eccleſiaſticall juriſdictions, the matters of the Church should be judged and cognoſced by the Church and it's aſſemblies, which were aſwel ratified & confirmed by the lawes of the countrey as any other Iudicatory; To judge of the lawfuldeſs or unlawfulneſs of a gen. aſſembly belongs unto a generall aſſembly, and hath been the practiſe of our Church even when his Majeſty was preſent, as the Aſſembly at Perth in the year 1596. was controverted, notwithſtanding his Majeſties preſence at it, and then he was ſo far from judging the lawfulneſs of it by himſelf or his Counſell, that in the next generall Aſſembly at Dundy he did require the queſtion to be decided there as properly pertaining to that Judicatory; It hath been lawfull and in continuall practiſe, that his Majeſty and Secret Counſell have in ſundry cauſes been declined, and the cauſe drawn to the ordinary and competent Judge, as in matters Civill unto the Seſſion, in matters criminall unto the Juſticiary, matters of divorce unto the Comiſſaries; yea the meaneſt Regalities have power to decline ſuprem Juſtitiaries; Moreover that Act of Parliament was repealed by another Act An. 1592. which derogates from the former in ſo far as it was prejudicial to the office-bearers of the Church in matters of religion, hereſy, excommunication, collation of Benefices, deprivation of Miniſters, eccleſiaſtical cenſures, &c. As for the alledged contempt & ſedition, that againſt the proviſion of the act of Parliament they had conveened, and proceeded contrary to his Majeſties expreſs command intimated unto them by the Commiſſioners of the Church in their Letter, and the Counſels Miſſive, and by Laureſton, and againſt a publick charge of horning proceeding from the Secret Counſell, and execut againſt them the day preceeding; It was anſwered, The act is no inſtituting law of aſſemblies, but a ſimple approbation of them as they were appointed by the Church; and in that approbation it is declared that it shall be lawfull to the Church to hold generall aſſemblies once every year and oftner as occaſion shall require; And the proviſion in the Act imports not a nullity of the foreſaid liberty & approbation, but rather the contrary, p. 576becauſe it no way concerns the actions of conveening or holding, but only the nomination of time and place, and that not ſimply, but upon condition of his Majeſties or his Commiſſioners preſence where the Aſſembly is holden; nor is that ſimply or abſolutly, but coniunct with the Aſſembly; and the ſame proviſion in the laſt part of it ſaith expreſſely, It shall be lawfull unto the Church (in caſe of abſence of his Majeſty and Commiſſioners) by themſelves to appoint time & place of the next Aſſembly, as they have been in uſe to do; and conſequently to aſſemble & proceed without the preſence or expreſs conſent of his Majeſty or Commiſſioner; And unto the Aſſumption, theſe had his Majeſties conſent in the aſſembly at Halyroodhous An. 1602. where he conſented that the next aſſembly should be at Aberdien the laſt tuyſday of July in year 1604. and that diet was prorogued at his Majeſties deſire by a Letter ſent to the Preſbyteries, and ſubſcribed by his Commiſſioner Laureſton and the late Moderator, untill the firſt tuyſday of July An. 1605. which day was keept by them at the direction of their preſbyteries; As for the Letters ſent by the Commiſſioners of the generall aſſembly unto the presbyteries, 1. It beares no command but advice. 2. The impriſoned had a more authentik and evident ſignification of his Majeſties will declared in the aſſembly, and that diet was prorogued by his Majeſties direction which was more authentik then an alledged diſcharge ſent in an article unto the Commiſſioners. 3. At that ſame aſſembly all power of prorogating o… altering time & place of the aſſembly, was taken from the Commiſſioners with his Majeſties own conſent, for remedy of the grievances given-in to that aſſembly for the delayes and alterations made by them without advice of presbyteries & ſynods: where alſo it was ordained that the diets of the aſſemblies be keept preciſely according to the Act of Parliament An. 1592. which is of greater force then the Letter of the Commiſſioners, who had no power to diſcharge the ordinance of the aſſembly, and the Act of Parliament, and the continuall practiſe of the Church, requiring a certain day and place: but their Letter appointed neither time nor place: which imports a plain deſerting rather then continuation; conſequently it was a loſs of that liberty confirmed by Parliament: and therefore could not with ſave conſcience be obeyed. 5. Their advice was, not to keep the fifth day: but that aſſembly was begun and ended on the ſecond day, Their intention poſſibly was to diſcharge it ſimpliciter, but neither did the Letter ſpeak ſo, not was it the duty of Miniſters to quite their liberty; As for the Counſels Miſſive, they did conveen with Laureſton's advice, and their convention was ſanctified by invocating the name of God, before the Miſſive was preſented unto them: he met with them, and preſented the Miſſive unto them as lawfully conveened, and required an anſwer of it: it was read, and conſidered, and obeyed in all points, excep the indiction of another day: which for preſervation of the liberty of the Church could not be omitted without perfidy; What contempt is it to deny the requeſt of the Counſell when the requeſt imports ſo great a loſs, and is contrary unto the law? As for his Majeſties Commiſſioner's diſ-aſſenting. 1. He made no oppoſition to their ſitting down, but conſented. 2. He delivered the Counſel's Letter, and willed them to read it, to conſider it, and to anſwer it; and removed himſelf for that effect. 3. He acquieſced and was ſatiſfied with their obedience unto the firſt part of the Letter, and for the deſigning a new day, he ſaid, he had no commiſſion for that, and therefore refuſed either by himſelf or with them to appoint a new day; neither did they appoint p. 577any till after arguing he was forced to confeſs that they had reaſon to ſtick unto their point, howbeit he could not conſent for want of commiſſion, and till that he plainly ſaid unto them, It is thought, yee shall never have a gen. Aſſembly again. As for the charge of horning alledged to be executed againſt them; no intimation thereof was made unto them either by the Commiſſioner, nor by the pureſefant, nor any other, nor knew they any ſuch, as they are ready all to depone upon their oath. 2. Laureſton gave them not occaſion to conceive ſuch a thing by his ſpeech: for he ſaid, Albeit he might have uſed a charge, yet he would rather uſe the Counſels Letter of requeſt. 3. The pretended execution and indorſation bewrayeth the forgery, bearing that it was an open proclamation warranted by two witneſſes, who are Laureſtons domeſtick ſervants, whereas ſundry honeſt men at the alledged time were in and about the market-place, and yet none other can be found who heard ſuch a thing. 4. Why cauſed Laureſton charge them upon the ſecond day perſonally, when they were diſſolving, without any mention of a charge the day preceeding? 5. Though the execution were true, yet it can not import the punishment contained in the libell, ſeing it was not according to the Act of Parliament of Iames. 6. Parl. 11. year 1587. which beares, that no Letters importing the tinſell of life or movable goods should be of force, unleſs they be executed between eicht a clok in the morning and twelve noon at before famous witneſſes: but the indorſation of the pretended execution beares that theſe were executed between ſeven & eicht in the evening. 6. When they were charged perſonally upon the ſecond day, they obey'd preſently; as the Inſtruments taken in the hands of two Notaries teſtify. The truth is; this charge could neither bring them into the guilt of contempt, or call their proceedings in queſtion, becauſe they had done all that they did at that time: therefore that other charge was forged as given at the croſs of Aberdien the day preceeding, and as it was given unto the Counſell by Laureſton: which charge by diverſe ſupplications given-in unto the Counſell, the impannelled offred to reduce and to diſprove, but could not be heard; and yet by vertue of that forged charge were they put to the horn. Albeit all thoſe former intimations of his Majeſties will were true, and had come to their knowledge, yet could they not truly be found guilty of contempt & ſedition in their meeting & proceeding, in reſpect of an Act of Parliament James 6 parl. 6. An. 1579. act. 92▪ and law made in King Robert. 2. and cited de verborum ſignificatione, both shewing the Civill juriſdiction & judgement to be free from all contempt of his Majeſties authority or of the Lords of Secret Counſell, albeit they shall proceed in judgement according to law, notwithſtanding any privy writing, charge or command directed unto them in the contrary by his Majeſty or Counſell, or any command directed unto them under the great Seal, or Signet or privy ſeal, repugnant to law: whereupon it muſt follow much more, A ſpirituall Judicatory (which hath not inſtitution or ground from Civill authority, but from Gods word, which is in nature different and diſtinguished both by the ordinance of God, and lawes of the Land, albeit the Iudicatory is not inſtituted, yet is approved by Acts of Parliament) may proceed lawfully, notwithſtanding any ſignification of his Majeſties will or of the Counſell in the contrary, and yet be free of all contempt or ſeditious proceeding. And in the aſſembly at Dundy 1597. Seſſ. 7. the article concerning no convention of Paſtors without his Majeſties knowledge and conſent, p. 578the King (being preſent) declared his conſent to be extended unto all and whatſoever generall aſſembly or ſpeciall permitted and authorized by his lawes accordingly as they have warrant in the word of God, as being the moſt authentick form of conſent that any King can give. Next the Kings Commiſſioner was preſent with them, conſented unto their down-ſitting, acknowledged their authority by preſenting the Counſels Letter, craved anſwer unto it, and conſented unto ſ…ndry things done there: his conſent was craved in every thing, and obtained in ſome. As for the formality of their proceeding, the work being ſuch as concerned the houſe of God, and ſo therein being ſubject unto the cenſure of the Overſeers of Gods houſe, ſo they ſubmit themſelves and their proceedings to be cenſured & judged according to the word of God by a lawfull & free generall aſſembly; and in their apologies written upon occaſion at other times they make clear their formality, as. 1. Whereas the Moderator of the laſt aſſembly was not preſent, it could be no impediment of holding the aſſembly, ſeing his abſence was through his fault. 2. His preaching was ſupplied by the teaching of the ordinary Miniſter of the town. 3. As for the election of a new Moderator, after prayer by the Moderator of the late Synod at their appointment, liets were made, and it was needleſs to remove them who were upon the liets. Such circumſtances are not to be ſtood upon, when the ſubſtance was in perrill. Neither have they reaſon to alledge this objection, who have challenged it, if they would call to mind, how in the aſſembly at Perth An. 1596. without any election or liets, the late Moderator being abſent, David Lindſay at the nomination of two or three Brethren entred Moderator, others who were preſent not being asked. 4. The ordinary Clerck refuſed to do his office, becauſe he was threatned by Laureſton: Therefore he was diſpenced with, and of their number one was choſen pro illa vice, as is the cuſtom of Synods & Presbyteries. 5. The place was not privat but where the Presbytery and Synod ſat ordinarily, and als publick as the Counſell-houſe of Dundy or Edinburgh, where Generall aſſemblies have been held. As for their paucity, that proceeded partly from the weather, and partly by a trick of the Commiſſioners pointing in their laſt Letter at another day then which was appointed before. And in the aſſembly of Gods ſervants, where the number is not defined by a law, rarity makes it not unlawfull, if the meeting be ordinary and eſtablished by law, unto which all who have intereſs may reſort, and which may be judged lawfull or approved by the next ordinary meeting, as this hath been already approved by many Presbyteries. 3. For any thing that was done, there were moe than needed; a ſufficient number to ſenſe or begin an aſſembly by prayer, and to adjourny it unto another day for cauſes moving, and a prayer in end▪ This hath been practized in the Parliaments, and in Church, as at Santandrews in April An. 1597. As for them who came after the diſſolving, they had the like commiſſion and warrands to come, and were ſtayd as ſaid is; and when they came, they could find no unlawfulneſs in the proceedings of their Brethren: and ſeing their approbation concerned only the written proceſs according to the ſubſcribed copy which they received, equity requires that the Generall Aſſembly should judge thereof, before it be called unlawfull. In the written proceſs they found no ſignification of any proceeding charge: which is the chief ground of the alledged contempt. Laſtly it is againſt all order, that commiſſioners directed from the Presbyteries, should be challenged for executing p. 579their commiſſion, namely, when their execution is approved by their Presbyteries; and the Presbyteries are not challenged. After the Advocat, the priſoners ſo cleared themſelves and their cauſe, that their adverſaries were aſtonished, their doubting Brethren reſolved, and every one that ſtoodby were ſatisfied. Then the Interloquiture went-on, not by voting formally, but after ſecret rounding. All the exceptions and defences were rejected, and the Interloquiture was pronounced in name of all the Aſſeſſors conſenting, howbeit ſome made oppoſition in the mean time: Yea ſome of the Counſell reported, that none conſented, but the Earl of Dunbar, the Preſident, the Chancelor, the Earl of Montroſe and the Controler. Neither was the cauſe reaſoned in preſence of the Aſſiſe, the moſt part of them not having entred into the place of judgement, untill they were called to take their oath and to be encloſed. Thoſe were John Livinſton of D…nipace, Sir Archbald Sterlin of Kier, Sir John Forreſt of Carden, Sir John hume of North-Berwik, James Shaw of Sawchy, James Swenton of Innerkithen a Papiſt, Henry Stuart of Craig-hall a diſſolute man, Sir George Hume of Broxmouth, George Hume of the Deans, Gawin Hume of Johnscleuch, Thomas Livinſton of Pantoun, Robert Livinſton of Weſtquarter, Sir Patrik Hume of Polwart, James Gib younger of Caribben, and Alexand. Hume of Rentoun. Craig-hall was choſen Chancellor of the Aſſiſe [or Foreman of the Jury.] Their Advocat exhorted the Iury to conſider that it was not the naked deed of Declining, that was the dittay of the impannelled, but the quality of the deed, to wit, a treaſonous declinature, which was to be tryed: Therefore willed them to judge, whether it was treaſon or not. But the Kings Advocat charged them to find only, whether the priſoners had declined the Councels judgement or not, which the Iuſtice and Lords had already found treaſonable. Their Advocat willed them to remember his defences (which he reſumed briefly) and to judge truly & equitably, and not according to the alledged lawes, which were not only repealed and abrogated in part, and were made in a violent time, (when in the Kings minority the chief men both of the Commonwelth and Church we…e forced to forſake the Land; nor was any man before that day conuicted of treaſon for declining the Counſell, nothwithſtanding that Act) but againſt it at the very ploclaming of it at the market croſs of Edinburgh; Robert Pont and Walter Backanquell in name of the Church took proteſtations & documents of their diſ-aſſenting, in the hands of John Mackeſon Notare publick. After him, Iohn Forbes deduced ſummarily their proceedings at Aberdien, explained the word Simpliciter, which they had uſed in the Declinature, proteſted (as they had done before the Councell) that in all Civill affaires they acknowledge his Majeſty and the authority of the Secret Counſell as far as any other ſubject; but in the affaires of Chriſts Kingdom and the Church, which God hath diſtinguished from the former, they had lawfully declined the judgement of the civil Iudicatory; and he exhorted the Gentle men of the Aſſiſe to remember, that they were bound by the confeſſion of faith to maintain the diſciplin profeſſed in our Church alſwel as the Miniſters. He read a part of the confeſſion to this purpoſe, and inferred, They could not but be guilty of perjury, if they for fear or pleaſure of any man should decern that to be treaſon, which themſelves had upon the lawfull command of authority ſworn and ſubſcribed. Iohn Welsh followed with a diſcourſe of the grounds of their declinature, and required them to conſider, p. 580that they were not the firſt, who had declined the Counſell in the like caſe, as others alſo had done in other caſes; and namely, that there is extant a Declinature of the King & Counſell ſubſcribed by three or four hundred Miniſters or thereby, yea by ſome of the commiſſioners of the Generall aſſembly, and by thoſe who are called Bishops, and are the only men who have procured all thoſe troubls, and on whom they there do lay all the guilt of thoſe troubls, which they have ſuffered and are like to ſuffer. He read alſo another part of the confeſſion of faith concerning the preſent purpoſe. The Kings Advocat interrupted him, and willed the Aſſiſe to conſider that they had no more to try, but whether the impanelled had declined or not. The Juſtice willed the Aſſiſe to remove in all haſt. Iohn Forbes ſeeing there was no longer ſtay, charged the Earl of Dumbar, to report in their names unto his Majeſty, what punishment followed upon the breach of the oath made unto the Gibeonites, and how the like was to be feared to fall upon his Majeſties poſterity and the whol Land, if they shall violat the great oath that they have made; and then he read another paſſage of the confeſſion concerning aequivocation & double dealing. When the Jury was encloſed, Dunipace moved them with reaſons ſo, that they were inclined to abſolve the impannelled. Wherefore ſome were directed to deal with the Aſſiſers, and ſome were directed to deal with the arraigned Miniſters, to ſee if yet they could be moved to depart from their declinature; Whereas according to the law none should have acceſs unto the Aſſiſers, after they be incloſed: For the ſtarute James 6. Parli. 11, 1587. Act. 91. it was ordained, that all Aſſiſers be incloſed, and none ſuffered to repair unto them under whatſoever pretence, nor any of the Aſſiſe to come forth, untill after agreement they return their anſwer unto the Judge; otherwiſe the perſon to be pronounced clean and innocent of the crime alledged▪ But it was ſufficiently known, that the Foreman came forth unto the Lord Juſtice and other Lords; and the Clerks reſorted unto the Aſſiſe. Much travell was to perſuad the Aſſiſers, that no harm was intended againſt the priſoners in their perſon, life or goods; to induce them to convict the priſoners. Sixe cleanſed them ſimpliciter, to wit, Dunipace, Kier, Johnscleuch, Weſtquarter, Pantoun and Sawchy. When the Forman returned, and reported the Sentence of the Jury, Dunipace ſaid publickly, that he not only abſolved them as innocent of treaſon, but acknowledged them to be honeſt Miniſters, faithfull ſervants of Chriſt, and good ſubjects. The Judge delayd the Sentence of punishment, untill the Kings will were further known, and ordained the priſoners to be carried into ward again, and to be ſtraitly keept, that no man have acceſs unto them. The priſoners embraced one another, and thanked God for his preſence in the action. They were convoyd unto the place about ten a clok at night by ſome of the Guarde. The people ſaid, It was certanly a work of darknes to make Chriſts faithfull Miniſters traitors. O if the King were never in greater danger then by ſuch men! On the morrow they were convoyd to Blackneſs, a great number of Miniſters accompanying them, and parted from them with thanks giving, prayers and many tears, and more confirmed in the cauſe. Then the Commiſſioners of the generall aſſembly thought it a …it time to try the conſtancy▪ of other Miniſters being ſo terrified (as they ſuppoſed) that nothing would be refuſed. Therefore all the Synods of the realm were appointed in the Kings name to conveen upon one and p. 581the ſame day in February within their bounds reſpectivè; that ſo one Synod might not know the reſolution of another. The King had one or more Commiſſioners at every Synod, to crave anſwer unto five Articles; which were directed to the Synod of Mers and Teviotdale with David Macgill, a Senator of the Seſſion, and Gawin Hamilton Biſhop of Galloway; to wit: 1. That in the next General Aſſembly, no Acts made in any preceding Aſſembly where his Majeſty was preſent, ſhould be in any way touched, altered or interpreted. 2. That the eſtate of Biſhops be not medled with, but continued in the ſame condition wherein they are at preſent, untill his Majeſties will and pleaſure be further known. 3. That there be no alteration of any of the Commiſſioners, except upon the trial of ſome notable fault in their doctrine, life or converſation. 4. That notwithſtanding any appellation, the Commiſſioners ſhould proceed, they alwaies being anſwerable unto the General Aſſembly for their proceedings. 5. That they acknowledge the Warrant of their meetings to come by permiſſion of the Prince. That Synod would give no anſwer, ſo did many others, and ſome referred them unto the General Aſſembly. The Miniſters of the Dutch and French Churches at London (being mis-informed) ſent Letters unto the Miniſters of Edenburgh, regrating the mis-behaviour of the impriſoned Miniſters. Wherefore thoſe in blackneſs wrote an Apologetick, not only declaring their proceedings, but alſo painting forth the Commiſſioners of the General Aſſembly in their own colours; that under pretence of a limited Commiſſion from the General Aſſembly, they arrogate the full juriſdiction and authority of the Church in all things; and daily do promote their intended change of the Church Diſcipline; firſt in bringing us into bondage of a perpetual Dictatura, under the Title of Commiſſioners, as the fineſt cover of their intentions; and then into the Antichriſtian ſlavery of the Hierarchy; that their purpoſes were diſcovered by their ſpeeches; by preſentations of them unto Biſhopricks, with full authority over their Brethren, and ſeveral other ſigns; eſpecially, by their publick profeſſion in all the Synods lately, where it is clear that our Aſſembly is impeded by their Dictatorſhip and Lordly Domination; which they fear muſt fall, if the Aſſemblies ſhall hold, and is the main cauſe of perſiſting with ſo hatefull enmity againſt them for their meeting at Aberdeen; becauſe thereby (as they judged) their almoſt accompliſhed enterprize was ſomewhat retarded. It was, at that time, reported unto the King, by theſe Biſhops, that Chancelour Seton was upon the Councel of holding the Aſſembly at Aberdeen; wherefore Dunbar was ſent down to try him. But partly by favour of the Queen; and partly by his correſpondence with the Engliſh Secretary, the Trial was not exactly followed: and ſo the Delator John Spotſwood (then called Biſhop of Glaſcow) was diſappointed. Many other particulars paſſed that year concerning the Church affairs: But (for this time to cloſe that Aſſembly) in the beginning of October, the King's Will was declared, unto a Convention of the Nobility at Lithgow, that the ſix condemned Miniſters ſhould be baniſhed out of his Dominions for all their daies; and the other eight ſhould be confined, ſome in one place, and ſome in another within the Country remote from their former dwellings; and ſome into Iſles ſeverally. And a Proclamation was publiſhed, that if any ſhould hereafter offend in ſuch a high Treſpaſſe, they ſhould be puniſhed with all ſeverity; and the death due unto Traitours, ſhould be inflicted upon them with all rigour; and all Miniſters were inhibited either in their Sermons or Prayers to recommend the perſons that were ſo ſentenced. John Forbes went to Middleburgh, where he was Miniſter unto the Engliſh p. 582Staple: Robert Dury was Miniſter of an Engliſh Congregation in Leyden: John Welſh went to Bourdeaux, where he learned the language ſo quickly, that within one year he was choſen Miniſter of a French Church: And John Sharp became Miniſter and Profeſſour of Divinity at Dia in the Delphinate, where he wrote Curſus Theologicus, & Symphonia Prophetarum & Apoſtolorum. After a year Andrew Duncan and Alexander Strachan purchaſed liberty to return into their former places. Finally, becauſe thoſe Aſſemblies were zealous to keep the Church in purity of Doctrine, and free from ſcandalous Vices, they were deſerted by ſome, undermined by others, and oppoſed by a third ſort; and although they were warranted by God's Word, and confirmed by the Law of the Realm; yet without any repealing Law, or juſt reaſon (that ever was alledged) they were in this manner brought to an end.