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

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

p. 418XVIIII. The Aſſembly conveenes at Santandrews Aprile 24. year 1582. 1582. The 42. Aſſembly.Androw meluin is choſen Moderator. 1. Becauſe many Papiſts come into the country. notwitſtanding diverſe godly Acts and proclamations ſet forth by his Majeſty, The aſſembly hath voted and thought meet, that a Supplication be ſent to the Magiſtrates of burghs or ſea-townes and Ports, that they will give charge and commandement unto all Maſters and owners of ships within their bounds, to receive no Papiſts within their veſſels, to tranſport them into the country; Or if any be received, to preſent their names immediatly after their arrivall, unto the ſaids Magiſtrats and Church of theſe parts, that order may be taken with them, Under ſuch paines, as they shall deviſe; As they will shew themſelves zealous of Gods glory, aod promoters of the word of his Sone Jeſus Chriſt. 2. The aſſembly underſtanding, that certain Papiſts in Camphier, not only trouble the Scots congregation there, but likewiſe the Fleemines, and will not ſubmit themſelves to the cenſure of the Church, becauſe of an alledged prividedge: In one voice gives their full power unto the Miniſter of Camphier to proceed againſt them, as the aſſembly might do: Requeſting alſo the Conſervator to joyn with the Church in taking order againſt them. 3. Mark Ker Lord of requeſts preſenteth from the King a Articles propounded by the King.Letter unto the aſſembly, containing theſe articles. 1. Whither all Benefices under Prelacies should pay any third, or not? 2. If ſome should, what shall be the difference? 4. Should not all Benefices preſented unto Miniſters before Novemb. 1. 1581. be allowed in their years ſtipend from the ſame day untill Novemb. 1. 1582. Or if there be any difference in reſpect of the Annates, that yee declare it. 4. Should all perſons preſented and admitted to Benefices in this time, be placed in the book of modification, as Miniſters of the churches belonging to theſe Benefices? 5. Should ſuch (being Miniſters) as have ſufficient eccleſiaſticall livings by reaſon of their Benefices, ſerve at other churches? 6. Think yee it not convenient, that the reports anſwering the Kings Letter ſent over all the realm this laſt ſommer, should be ſeen and conſidered at this time, for the better underſtanding the eſtate of the Church: and to ſee how many reports are in your hand, as ſo many which the Clerk-regiſter hath, shal be ready & patent. 7. that yee will let Us underſtand, what yee have concluded of Readers in generall, and ſpecially theſe that are preſented to Vicarages for life time. 8. Think yee it reaſonable, that any who is provided unto a Benefice, and ſerving as Miniſter at the only church belonging to that Benefice, should have any more ſtipend, but the rent of that Benefice. 9. What think yee moſt reaſonable to ſuſteen the Colledge churches. 10. To whom should the King or laick patrones direct their preſentation for admitting qualified Miniſters, and that yee will name the perſons in ſpeciall. 11. Seing the dearth of vittails makes great inequality of ſtipends, ſome having victuall allowed for a marke or 20. Sh. and others having ſilver aſſigned unto them, are conſtrained to buy at five or ſixe or ſeven marks the bole, were it not equitable, that all Miniſters had their proportionable part of victuall and money, or that the victuall should be ſold or allowed at the higheſt prices, and ſo theſe who have ſmalleſt ſtipends may be the better augmented. Anſwers unto theſe. The 1 & 2. before they be ſpecially anſwered Anſwers. it is meet that there bee a form of aſſignation made by ſome to be appointed p. 419thereunto before the next Aſſembly, Unto all Miniſters and churches, that are likely to ſtand, reſpecting the anſwers & advice ſent out from every country, and as if the preſent poſſeſſors were dead; and that charge be directed unto theſe, who have not their anſwers, to ſend them with expedition. 3. The Intrant to any Benefice entring at November 1. after his admiſſion, shall ſerve the cure, and shall have no more ſtipend at the next Whitſonday, but the ſuperplus as it falleth, becauſe his exequitors will receive als much, at his deceaſe, according to the antient order of the Annates; And that diligence be uſed to have Bagiſmond's Role of all Benefices and taxts; and what Benefices are not taxed, the rents thereof are the firſt year to be equally between the exequitors of the defunct, and the Intrant, who shall have only the half fruits of the year of his entring; and ſo of the ſtipends. 4. We think, none should be placed in the books of modification, but qualifyed perſons; and if any be preſented to Benefices ſince the Kings coronation, that are unworthy or unable to diſcharge duty, that they be called and deprived by ſuch order, as shall be condeſcended upon. 5. For the generall, Miniſter^s that have ſufficient Benefices, whereunto they are provided for life time, should not have ſtipends to ſerve at other churches, unleſs great neceſſity be ſeen and allowed by the gen. aſſembly, and order shall be taken to reform theſe, as appertaineth. 6. We think this is agreable to that which is appointed in anſwer unto the firſt & 2. articles. 7. This shal be ſpecially anſwered, how ſoon it can be adviſed by this aſſembly. 8. Upon the ſight of the particular aſſignation to be made, ſpeciall anſwer shal be made with the anſwer unto the firſt two. 9. We can not but think it reaſonable, that Miniſters of Colledge-churches should be ſuſtained, as they of other churches; and if not of the fruits of the ſame church, yet he should have aſſignation other where. 10. The preſentations are to be directed to the Commiſſioners of the Church within the bounds, where the Benefice lyeth. 11. This matter is weighty and can not be well anſwered without advice: it shal be propounded, and reſolute anſwer thereafter shal be given. 4. As the admiſſion and examination of Miniſters is by act of Parliament, to be in the power of the Church now publickly profeſſed within the realm, So the deprivation of Miniſters is in the power of the ſame Church; As for the deprivation of Bishops admitted ſince the Kings coronation, it is thought meet, that the ſame bee likewiſe in the power of the Church; and the ſame deprivation to extend alſwell from his function of the Miniſtry, as feom the Benefice that the ſame may be declared vaiking, and conferred of new, as if he were naturally dead. V. Cauſes of deprivation are hereſy, papiſtry, Cauſes of deprivation.common blaſphemy, periury, adultery, fornication, inceſt, ſlaughter, theft, common oppreſſion, common drunkennes, uſury againſt the lawes of the realm, not reſidence, and abſence from his flock and office by the ſpace of 40. dayes together in a year, without a lawfull impediment allowed by the next gen. aſſembly: plurality of Benefices provided ſince the Kings coronation, is cauſe of deprivation from them all. except one, whereunto the poſſeſſor will adſtrict himſelfe: dilapidation of the rents of Benefices: Simony. The form of proceſs to deprivation shall be a libell The forme of Proceſ… indeprivation.and precept on 40. days warning, if he be within the country, or 60. days if he be without, To be directed by the Church and ſuch Commiſſioners thereof, that elect or admit the perſon complained-on, Summoning him to compear and anſwer unto the complaint: And incaſe of abſence at the firſt ſummons, the ſecond to be directed in like manner, With certification, p. 420if he fail, the libell shall be admitted to probation, and he shal be held Pro confeſſo. After the decreet pronounced, if the perſon think him ſelfe wronged, it shal be lawfull unto him, to uſe appellation un…o the next generall aſſembly, and intimate the ſame within ten dayes: otherwiſe the decreet to have preſent execution. 6. The ſummons raiſed unto this The troublous Proceſſe againſt Ro. Montgom.day by the Eldership of Sterlin againſt Robert Mongomery ſometime Miniſter there, upon their ſentence of ſuſpenſion againſt him from the function of the Miniſtry, to be allowed by the Generall Aſſembly, and further tryall to be taken concerning his life, doctrin and manners and other things, that the Aſſembly shall lay to his charge; was read. The ſame Robert being preſent, is required to anſwer. He alledges, that the Church should not allow any thing deduced againſt him in that proceſs, becauſe he was never lawfully ſummoned thereunto: he knew nothing of that ſuſpenſion from the Miniſtry, but only by bruit, nor ever was the ſame intimated unto him; and in ſo far as the proceſs beares perſonall intimation unto him of the ſuſpenſion, he takes inſtrument, and offereth to diſprove the ſame in that point. The Aſſembly, notwithſtanding theſe allegeances findes the ſaid proceſs, decreet and intimation to be orderly deduced, and the ſentence of ſuſpenſion well proceeded & given: Reſerving unto the ſaid Robert, in the ſecond inſtance, liberty to ſeek reduction and remedy, as appertaines. He being further accuſed of contraveening the ſaid ſentence of ſuſpenſion, by preaching the word, and Miniſtration of the Sacraments: confeſſeth it, and pretends ignorance of the ſentence given. Then the Lord of requeſts delivers a writing from the King, declaring that it is his will, the Church shall not trouble the ſaid Robert for any thing concerning the bishoprick, or that may reſult thereupon, or for any other cauſe bypaſt committed by him, but that it may be handled before his Majeſty. This Letter is reverently received, and read openly: and the Brethren praiſe God, that the King was pleaſed to ſend his Commiſſioner unto the Aſſembly: as for the action, by the aſſiſtance of God ſuch attendance shall be given thereunto, in reſpect of his Hieneſs, that nothing shall be handled, belonging to Civill power, a…d nothing but uprightly, ſinceerly and with juſt judgement shal be pronounced againſt him, as they shall anſwere unto God and his Majeſty. In Seſſ. 7. a plain and large diſcourſe was openly made of all the diligence of the Brethren, to whom Commiſſion was given in the laſt aſſembly, concerning Ro. Mongomery, and the copies of the charge given to him with the execution hereof. With the which diſcourſe, and former confeſſion of the ſaid Robert, that he had preached and miniſtred the Sacraments, after the decreet of ſuſpenſion; the aſſembly in one voice findeth the ſaid decreet and ſentence contraveened and violated by him; and delayeth to decern upon that contravention, untill the next day at their firſt conveening. The ſaid Robert demandes the anſwer of the aſſembly, whither they will accuſe him upon any thing concerning the bishoprick. or any thing reſulting there upon: and he requires a copy of the large diſcourſe made verbally by the brother, to the effect he may anſwer to every point thereof. He is bidden remove, till the aſſembly be adviſed, and give their anſwer. Within a litle ſpace compeares John Burn Meſſinger, and by vertue of our Soverain Lords Letters delivered by the Lords of the Secret Counſell, diſchargeth the brethren of the Generall Aſſembly, the Moderator and his Aſſeſſors, from directing any citations againſt Ro. Mongomery, or uſing excommunication, innovation, ſlandering or troubling him in his miniſtery, for aſpiring to the Bishoprick of p. 421Glaſgow, or for calling or perſuing his brethren for the ſame, or for any promiſe made by him therein, or for any other thing depending there upon in time bypaſt, Under the pain of rebellion and putting them to the horn, Certifying them, if they fail, he will denounce them Our Soverain Lords rebells. Of the which charge he deliveres inſtantly a copy ſubſcribed with his hand. The ſaid Robert is called-in again: but he was gone. Thomas macgy a Miniſter is ordained to warn the ſame Ro. mongomery, to compeare the next day. In Seſſ. 8. Robert Mongomery is called, and compeares not, but by William Mongomery his proctor, who produces an appellation, whereof more followes. Thomas Macgy is called, and declares, that yeſternight at command of the Aſſembly he had warned the ſaid Ro. mongomery, to compear at this hour before this aſſembly, perſonally; in preſence of Wa. Hay, Jo. Couper and An. Ker Miniſters, and that he promiſed to compear perſonally. The ſame did theſe Miniſters teſtify to be true. Then ſome enormities were produced and read, where of the ſame Robert was ſaid to be guilty; to wit. 1. negligence and corruption of doctrin, alſo ſcandalous converſation, for the which he was ſuſpended. 2. Contraveening of the ſuſpenſion in Glaſgow, Sterlin and in the Kings Chappell. 3. Violating of his promiſe made to the presbytery of Sterlin, that he should continue and wait upon his cure. 4. Horrible oaths in the face of the Aſſembly, denying with proteſtation before God, the intimation of the ſuſpenſion. 5. Raiſing and executing letters, and procuring them by ſiniſtrous information; for overthrowing the diſiplin of the Church. 6. Uſurping another mans flock, and that being accompanied with armed men; after the ſuſpenſion. 7. Charging the wholl aſſembly under pain of horning, to ceaſe from all proceeding againſt him to excommunication. 8. Blaſphemous railing againſt the Miniſters in pulpite ſince his ſuſpenſion, and oft before; And in ſummamanifeſt contempt of the ordinance of the Church, and ſtirring up a fearfull ſchiſm betwixt ſome of the Nobility and the Church. All which being tryed partly by his own confeſſion, partly by the proceſs in the Gen. aſſembly laſt in Edinburgh, and by the proceſs declared by the Eldership of Sterlin▪ and partly by teſtification of good and godly brethren, was found all to have fallen in his perſon; and him to be culpable thereof: for the which hainous and unworthy crimes, the Aſſembly voteth and concludes the ſaid Robert not only unworthy to ſerve in the Office of the Miniſtry, but to be deprived thereof perpetually, & the ſentence of excommunication to ſtrick upon him, unleſs he prevent the ſame by repentance. The Lord of requeſts craves, that the pronouncing of the ſaid ſentence may be delayd, untill the King be advertiſed. The Aſſembly continues their anſwer till after noon. In Seſſ. 9. a letter being written in name of the Aſſ. unto the K. was read, and thought good to be delivered unto the Lord of requeſts, whereof here is the tenor: Pleaſe your Maj. Wee have received your Gr^s moſt loving letter, directed unto us by your Gr^s Commiſſioner Mark Ker M^r of requeſts, and are compelled to burſt out with moſt humble thanks unto our good God, who of his mercy hath given us …o godly a King, carefull and wel-willing that God be glorified, and his Church within your M. realm maintained, as plainly appeares by the articles by your G. propounded: whereunto with all diligence we began to make anſwer, but in ſuch shortneſs of time, and ſuch ſtrait whereunto we were brought, by certain Letters raiſed at the inſtance of M^r Robert mongomery, wee are altogether ſtayd in that & many other godly actions: for upon the. 27. day of this inſtant, the Aſſembly being occupied in godly and modeſt reaſoning p. 422of weighty matters, he cauſed an officer of armes to enter irreverently, and under pain of horning commanded the wholl Church from all proceeding againſt him, for whatſoever cauſe or enormity committed in his wicked attempts; A thing that was never heard nor ſeen ſince the world began; whereof we muſt lament unto yout Gr. and having no other refuge under God, moſt humbly crave, that by theſe extraordinary charges directed againſt the word of God, and Lawes of your Gr^s Countrey, we be not conſtrained, either to betray the cauſe of God, by bearing-with and winking at horrible crimes, manifeſt to all men in the perſon of the ſaid M^r Ro. or to be reput and accounted diſobedient to your Majeſty, in whoſe ſervice wee have been, are and shall be ready to ſpend our blood & lifes; Beſeeching your Gr. wee may find this grace and favor in your Ma^s ſight, to keep our conſcience clean before God, and reſerve ourſelves unto him, who hath given us the charge of his inheritance: This moſt reaſonably requeſt, wee doubt not but to obtain at your Majeſty, our particular reaſons being heard and conſidered, which wee mind by Gods grace more largely to expound by certain brethren directed unto your Majeſty, and with a full anſwer unto the foreſaid articles. In the mean time wee beſeech your Ma. not to give eare to the ſiniſtrous report and wrangous information of men, who by ſuch dealings go about to draw your Ma. heart from your true & faithfull ſubjects, and by this unhappy ſchiſm to overthrow the Church of God within your Gr^s country and for their own particular gain banish Chriſt and his word: which God of his infinite mercy forbid, and preſerve your Gr. body and ſoull for ever. From Santandrews Aprile 27. 1580. When this Letter was directed, The aſſembly after voting concerning the ſentence to be pronounced againſt Robert mongomery, deprives him from all function of the Miniſtry in the Church of God, during the will of the Aſſembly; and more decerned the ſentencce of excommunication to be pronounced in face of the aſſembly by the voice and mouth of the Moderator preſent, againſt him, to the effect, that his proud flesh being caſten into the hands of Sathan, he may be winne again (if it be poſſible) unto God; and the ſaid Sentence to be intimated by every particular Miniſter at his own particular church, in his firſt Sermon to be made by them after their returning; The pronunciation of the ſaid Sentence being ſtayd untill moonday at nyne hours, becauſe of the compearance of the ſaid Rob. who hath Ro. Mongomery renounces his appellatiō.renounced the appellation (interponed by his procurator in his name, and by himſelfe that day before noon) from the ſentence of the Church; and craves conference to be granted unto him, of the moſt godly and learned brethren: this the Church granteth untill moonday at nyne a clock, upon condition, he remain and wait upon the doctrin and conference of the brethren, and make no novation or new charge againſt the Church. He promiſeth to attend upon the doctrin and conference of the Brethren the morne all day, and he shall neither uſe nor purchaſe any new charge in tbe mean time, if the Church uſe none againſt him. And moreover the Aſſembly ordaines prajers to be made tomorrow after the ſermon by him, who shall occupy the place for the time. In Seſſ. 12. to the end the brethren may know, what And ſubmitts to the Aſſem.fruit hath followed upon the Conference with R. Mongomery, he is demanded to declare, in the preſence of God, the ſimple truth of the accuſations, that were layd to his charge. After prayer, that God would be mercifull to him, he confeſſeth as followes; 1. He confeſſes the command given to him by the Reader at Sterlin, to deſiſt from his Office. 2. He grantes that he had baptized children gotten in fornication, but he took p. 423caution of the parents that they should ſatiſfy the Church, but this was not in preſence of the Elders or Seſſion. 3. He remembereth not, that ever he preached the circumciſion of women. 4. He made promiſe to the presbytery of Sterlin, to wait on his charge of the Miniſtery there; which he hath broken. 5▪ He confeſſes that on March 20. the presbytery of Sterlin told him of the ſuſpenſion: b…t he was not certain of it, becauſe hee had not heard the proceſs of it. 6. He declares, that howbeit he knew not the raiſing of many Letters againſt the brethren: yet he keeped the ordina…y diets thereof. 7. He grantes the uſurpation of David Weems flock, wherein he confeſſes, he had heavily offended. 8. He confeſſes, he had heavily offended againſt God and his Church by procuring and raiſing Letters againſt the Gen. aſſembly, and in accepting the Bishoprick of Glaſgow without advice of the Aſſembly, and in proceeding by this form of doing which he hath uſed: for the which he ſubmits himſelf unto the will of the brethren, and is willing to abide their judgement, and to obey and underly their iniunctions for theſe things. And being required to declare openly in the fear of God and in uprightneſs of conſcience, his ſimple meaning concerning the eſtate of Bishops and the corruptions thereof; he craved conference with Ja. Lowſon. Jo. Craig, Ro. Pont, Da. Lindſay and the Laird of Colluthy, that he might be further reſolved, and give his ſimple meaning therein. The Aſſembly grantes this petition. And where as the Presbyteries of Edinburgh, Dalkeith and Lithgow had made proteſtation, againſt the Sentence, given by the King & Secret Counſell, in favours of Robert mongomery. finding the Aſſembly Judges to the ſaids Presbyteries in that matter, as the Proteſtation beares; The wholl aſſembly after reading of that Sentence and proteſtation, in one voice ad heres thereunto; and the ſaid Robert for his part allowes it, and adheres unto it. In Seſſ. 13. Robert mongomery compeares, and in face of the Aſſembly declares, and promiſeth before God, that he shall not medle nor attempt more concerning the Bishoprick of Glaſgow, nor bruik, uſe or take upon him the ſame, nor any other office in the Church, without rhe advice and conſent of the Generall aſſembly; and renounces the Letters and charge given to the Gen. aſſembly at his inſtance, and the Letters purchaſed by him againſt David Weemes; and proteſtes that in the matter of the Bishoprick of Glaſgow he meaneth no other way, then all the Brethren do mean. VII. In Seſſ. The age of intrant Miniſter7. Seing ſundry Miniſters have been intruded upon the Church, and preſented to Benefices having cure, who becauſe of their young years and want of experience and judgement, can not be able to diſcharge that high & ſacred Calling, The Aſſembly in one mind hath voted and concludes, that none be admitted unto the Miniſtery, nor Collationed to any Benefice of cure, unleſs he bee of the age of 25. years, except ſuch, as for ſingular and rare qualities shall be judged by the Gen. aſſembly, to be meet and worthy. VIII. In reſpect of many inconveniences and miſ-order fallen forth by the ambition, covetouſnes and indirect dealing of many, who go about to enter i…to the Miniſtry, and being entred uſe, unlawfull meanes, to decline all correction and punishment for their offences, The wholl Aſſembly hath voted and concluded, conform to the word of God and moſt godly Acts of antient Councells, that no man pretend to eccleſiaſtiacll function, office or Benefice by any abſolute gift, collation or admiſſion of the Civill Magjſtrate or patron, or by Letters of horning, or whatſoever other means, than is eſtablished by the word of God, and Acts of the Generall Church, and hitherto ordinarily uſed within the Reformed Church of Scotland; p. 424And alſo that none being received into an Eccleſiaſticall office or Benefice, ſeek any way by the Civill power, to exeem and with draw himſelf from the juriſdiction of the Church, nor procure, obtend nor uſe any Letters of charge, either by themſelves or any other in their name, or at their command or inſtance, To empair, hurt or ſtay the ſaid Juriſdiction, diſciplin or correction of manners, or punishment for their offences and enormities, nor to make any appellation from the Gen. aſſembly, to ſtop the diſciplin and order of eccleſiaſticall Policy and juriſdiction, granted by Gods word to the Office-bearers within the ſaid church, under the pain of excommunication ſummarily and without any proceſs, to be pronounced by the judgement of eldership, by Miniſter or Miniſters to be appointed by them thereunto, how ſoon it shall be known, that any of the ſaids heads is tranſgreſſed. And this Act to be no way prejudiciall to Laick patrones in their preſentations, untill the lawes be reformed according to the word of God. IX. Becauſe the ſabbothday is many wayes profaned to the great dishonor of God eſpecially by holding markers both in burgh and in landward that day; the aſſembly enioynes ſtraitly to every eldership, to take order therewith within their own bounds, as they may by the Law of God; as they will shew their zeal to God, and obedience to the Church. X. The Aſſembly in one voice gives commiſſion to Ja. Lowſon, John Craig, Ro. Pont, Da. Lindſay, John Brand & John Dury, To paſſe unto the King, and shew unto his Ma. that concerning the Articles ſent by the Maſter of requeſts, to have been anſwered by the Church, being ſo weighty and important, a part of them alſo being obſcure and captious; they could not preſently reſolve upon them all: But for the better reſolutions, they have ordained certain brethren, to conferre upon them untill the next aſſembly, which they have appointed to conveen the ſooner for that effect; And more, lamentably to deplore unto his Gr. wherein the juriſdiction of the Church is and hath been heavily hurt & preiudged, and namely, by Letters given out in Glaſgow, diſcharging the Presbytery, to proceed againſt M. Robert Mongomery: by charge of horning againſt the wholl Church of Scotland uſed by the decreet & Sentence of the Secret Counſell, finding them Judges in the action of Ro. Mongomery; by miſſives ſent to gentle men, to aſſiſt the placing of him in the pulpit of Glaſgow, againſt the will of the Church; by giving Benefices pleno jure, and abbacies in heritage: And with all humility, due reverence and gentleneſs that appertaines, to exhort his Majeſty unto the reforming hereof, and maintaining the juriſdiction given by God unto his Church: And alſo to give admonition unto the Duke's Gr. Earls of Arran and Goury in the premiſſes; And what they do heer in, to report unto the next Aſſembly. Like wiſe ordaines the particular Elderships to have a copy of the Articles ſent by the King, that they may be the better adviſed, to give anſwer reſoluedly, in the next aſſembly. XI. The Aſſembly ordaines certain perſons to erect presbyteries in all parts of Rules ordering the Presbyte…es.the realm, where they are not as yet. And unto ſome doubts that are propounded concerning them, theſe anſwers are given. 1. The Moderator may continue from one Synod to another; and his election to be by the particular presbytery. 2. The number of ſuch, as are aſſociat to the Eldership for diſciplin and correction of manners, which are not Paſtors or Teachers, and not traveling in the word, be not equall in number with the other, but fewer; the proportion to be as the neceſſity of the Eldership craves. 3. The reſort of the Elders who travell not in the word, shall be no more ſtraited, but as the weightineſs and occaſion upon intimation p. 425& advertiſement made by their Teachers, shall require at which time they should give their godly concurrence; yet exhorting them who commodiouſly may reſort, to be preſent at all time. 4. The Miniſters, who do not reſort unto the Exerciſe and presbytery, shall be ſubject to the penalty atbitrall, to be appointed at the diſcretion of the particular presbytery, and the ſame to be agreed-upon by the ſubſcription of every Miniſter thereof; and if any be found to diſ-agree from a good order, to be complained on unto the Gen. aſſembly next coming; And the order which every presbytery takes, shall be ſighted; and thereof one good order shal be eſtablished for all. 5. The day of the Exerciſe shall be alſo the day of Eccleſiaſticall proceſs: and if the brethren find it neceſſary for a proceſs, they may appoint days, times & places thereunto beſids the day of Exerciſe. 6. It is not thought expedient, that the Presbytery shall be aſtricted to ſend their Moderator unto the Aſſembly, but liberty to chuſe whom they think moſt expedient for confort of the Church. 7. It is not thought meet, that viſitation be, excep ère nata, and the ſame not to be limited unto the Moderator, but to any two or moe as the Presbytery shall direct; for the neceſſity of the matter, according to the book of Policy. 8. The Clerk and Moderator shall ſubſcribe in grave matters, and form of proceeding, in name of the eldership; and whill God provide ſome better contribution, every particulare Church of the Eldership shall contribute for the Scrib's entertainment. 9. The Miniſters of the parish shall execute the ſummons concerning his parish, and bear the burden of the things, that are directed by the Presbyte…y, or ſome depute by him within his parish. 10. The order of admiſſion of Elders is referred to the order uſed in Edinb. which is approved. 11. The Moderator of the Presbytery is to deſigne Manſes and gleebs, where it is r…quiſite: and for ſatiſfaction of the Act of Parliament that they have a ſpeciall commiſſion for that effect, Untill it pleaſe God to move the King, that the Law may be reformed; Providing the Moderator do nothing without advice of the Presbytery. 12. How many Churches shall be in every Presbytery, it is referred unto them, who have commiſſion, to eſtablish presbyteries. 13. The form of proceſs in weighty matters is to be in writ at the diſcretion of the presbytery pro re nata; in leſſer things, to be verball. 14. If any will not receive the office of an Elder, and traveleth not in the word, wee may exhort, but not compell. 15. Ordaines every presbytery within their own bounds to try their Miniſters; and if any offence shal be found, to punish it according to the quality and eſtate of the crime, before the next generall aſſembly. 16. The Presbyteries shall try and examin the perſons, deſiring to enter into the function of the Miniſtry, and if they find them qualified, to provide them unto Churches. XII. Ordaines a faſt to be keept in all churches of the realm, with doctrin and inſtruction of the people, to begin the firſt Sunday of Juny next, and to continue untill the next ſunday incluſivè, uſing in the mean time exerciſe of doctrin according to the accuſtomed order: And the Kings Majeſty to be certified by the Commiſſioners, that are ſent to him, and to be ſupplicated, that he would be pleaſed, to authorize it by proclamation for that effect: The cauſes are 1. univerſall conſpiracies of Papiſts in all countries againſt Chriſtians, for execution of the bloody Acts of Trent. 2. The oppreſſion and thralldom of this Church of God. 3. Waſting the rents thereof without remedy. 4. Falling from former zeall. 5. Flocking hither of Jeſuits & Papiſts. 6. Manifeſt bloodshed, inceſt, adulteries with other horrible crimes defiling the land, and unpunished. p. 4267. The danger wherein the Kings Majeſty ſtands through evill company about him, by whom it is feared, he may be corrupt in manners & Religion. 8. Univerſall oppreſſion & contempt of the poore, &c. XIII. The next Aſſembly is to be at Edinburgh Octob. 24. unleſs ſome neceſſary occaſion interveen, and advertiſement to be made by the Eldership of Edinburgh and Miniſters of the Kings houſe. For clearing the proceſs againſt Robert Mongomery, it is heer to be added, that about February 22. he went to Glaſgow, with purpoſe to preach the Sunday following: but a number of the Students in the Colledge, entred into the Church on Saturday at night, to hold him out, and keept the pulpit for their Principall Thomas Smeton: That day his Text was, He that entereth not by the door but by the window, is a thief and a Robber; and he inveighes againſt ſimoniacall entries into the Church. The next Sunday Rob. Mong. comes to the Church with a great number of Gentlemen, and diſplaceth the ordinary Miniſter David Weemes, and he made the Sermon. And becauſe the Chapter of Glaſgow refuſed to conveen unto his election, he cauſed ſummon all them of the Chapter to compear before the Counſell. They again cauſed ſummon him, to compear before the Synod of Lothian, to hear the ſentence of excommunication pronounced againſt him. He informes the King of this citation, and cauſeth warn the Synod to appear the 12. day of Aprile, before the King and Counſell at Sterlin, diſcharging in the mean time all proceeding in that buſineſs. Robert Pont with ſome others compearing at the day, in name of the others proteſtes, that albeit they had compeared to teſtify their obedience unto his Majeſty, yet he did not acknowledge his Majeſty, and Counſell judges in that matter, it being a cauſe eccleſiaſticall; and that nothing done at that time, should prejudge the liberties of the Church, and Lawes of the Realm. The Counſell rejectes the proteſtation, and did inhibit the Miniſters, to proceed againſt Mongomery. Becauſe the Generall Aſſembly was at hand, they yeeld obedience in this; only they cauſed warn him, to compeare before the Aſſembly. B. Spotſwood hath th…ſe particulares, but inverted: and it is clear by Mongomerie's words in face of the Aſſembly, that all theſe things were done before this Aſſembly. Here is not an end of this buſineſs: but after this Aſſembly he under took to ſettle himſelf at Glaſgow, and procured Letters from the King unto the Gentle men of theſe parts to aſſiſt him. The Presbytery of Glaſgow knowing what he had done, intend proceſs againſt him, for uſurping the place of the ordinary preacher: Mathew Stuart of Minto being Proveſt of the City came, and preſented a warrant from the King, to ſtay all proceedings againſt the Bishop, and willeth them to deſiſt. John Howeſon Miniſter at Cambuſlang (being then Moderator) replieth, that they will proceed, noth withſtanding that warrant. Whereupon the Proveſt pulleth the Moderator ont of his ſeat, and carrieth him priſoner to the Tolbuith. The rumor of this went quickly through the Kingdom; and in time of the faſt (that was appointed by the Aſſembly) this fact was lamented by the Miniſters. Among others, John Dury preaches againſt the Duke of Lennox, as the cauſe of all this trouble. Wherefore the King will have him removed out of the town, and cauſed command the Magiſtrates, to put him out of their town within 24. hours. They not daring to diſobey, yet unwilling to uſe their Miniſter in that ma…ner, dealt with him, to depart quietly. Upon this occaſion, advertiſement was ſent unto all Presbyteries, to ſend their Commiſſioners unto Edinburgh, according to the ordinance of the laſt Aſſembly. Here by the way may p. 427be remembred, what is written in Vindic. Philadel. Pag. 42. The Duke of Aubigny was ſent by advice of the Guiſians from France into Scotland, and well inſtructed, to make change of religion by any meanes poſſible: which we foūd by experience two years after his arrivall: at firſt he prefeſſed, that he had embraced the truefaith; and did ſubſcribe the confeſſiō, as one of ours: but in the mean time he was plotting the ruin of Mortō: and becauſe he did obſerve, that he was beloved of the church [to wit, for his affection unto religion] he ſawe, he could not beare him down, unleſs he profeſs the religion and ſome offices unto the Church. So when Morton was executed, and the Earle of Anguiſe was exiled, he was honoured with the ſpoile both of the one and of the other, and with two Prelacies pleno jure, to wit, the Bishoprick of Glaſg. and Abbacy of Arbroth: firſt he was entituled Earle of Lennox, then Duke, and at laſt Great Chamberlane of Scotland: and then he moved ſtur unto the Church & good men. So far there. The Generall Aſſembly conveenes at Edinburgh Juny 17. An. 1582. where were Commiſſioners, &c. Andrew Melvin by plurality of votes is continued Moderator. In Seſſ. 1. John Dury shewes, how he was called before the King and Counſell, his anſwer, and whole proceſs uſed againſt him; and alſo the charge to remove out of the town; and craves the good advice of the brethren, being ever willing (according to his calling) to follow their determination. The Aſſembly directes David Ferguſon and Tho. Buchanan unto the King, to underſtand his mind and to crave the performance of the promiſe made to certain brethren, concerning him; As alſo to lament unto his Gr. the caſe of their brethren in Glaſgow, that were charged to compear in Santjohnſtoun, And to make ſuit for them. And a miſſive was ſent to John Duncanſon, to concurr earneſtly with them▪ In Seſſ. 2. Commiſſioners, that were directed from the Counſell of Edinburgh crave the Aſſembles advice, concerning the charge given to the Proveſt, Bailives and Counſell of the town, for removing John Dury. The aſſembly ordaines certain brethren, to meet with theſe Commiſſioners, and conſult upon the matter. In. Seſſ. 3. John Dury declares, that becauſe his removing may be prejudiciall to the common cauſe, and his privy departing may ſeem to be an accepting of vice upon him, where with he is unjuſtly charged, that without their counſell here-in, his own deliberat mind is to abide, though with the hazard of his life; And ſeing his doctrin whereof he was accuſed in Counſell, was for the matter and ſubſtance juſtified in the Presbyt…ry, and by the Seſſion of Edinburgh; that the Brethren would give him teſtimoniall, that he had traveled faithfully in his vocation, no fault found with him in his doctrin, or imputed unto his life; and if it pleaſe God, that he be compelled to remove, that he may have liberty to preach the Goſpell, where it shall pleaſe God, to give him time and place, for diſcharging his conſcience and calling. The Aſſembly after deliberation in one voice thought it not meet, that he shall remove privily, but abide the charge to be given by the Magiſtrates; and they agree, that he shall have a teſtimoniall, as it was craved. Then they give commiſſion unto three brethren, to go unto the Duke, and inform him of the great ſcandall in keeping Ro. Mongomery in his company, after the Sentence of excommunication pronounced againſt him; And to intimate that Sentence unto him, with gentle and diſcreet perſuaſions, to shew the danger thereof, and what is concluded by Acts of the aſſembly againſt mantainers of excommunicate perſons; and deſire him earneſtly, to remove him; and to give him admonition, that if he will not obey, the Church will proceed againſt him p. 428according to their Acts. In Seſſ. 4, John Duncanſon preſenteth a Letter from the King [being then in Sterlin] concerning Minto andother burgeſſes of Glaſgow, craving that matter to be handled before the Counſell, with credite to be given unto the bearer. The bearer declares his credite, and shewes, that his Majeſty continues and shall continue unto the end in profeſſing the true Religion preſently eſtablished within the realm; and as for the action at Glaſgow, upon ſupplication to be given-in to the Counſell, ſuch order shall be taken, that the Church shall be ſatiſfied there-with. The ſummones were produced againſt ſome citizens of Glaſgow, to hear tryall taken of the violence uſed by them againſt Jo. Howeſon, and to hear themſelves convicted, &c. as the ſummones were duly execut and indorſed. The parties were called: none compeared, but John Graham: he denied the contents thereof for his part. The ſummons was given to probation. The witneſſes John Davidſon, John Hamiltoun, An. Knox, &c. were ſworn and admitted. They were ordained to be preſent and depone the next day after noon before the Moderator and his aſſeſſors. In Seſſ. 5. the brethren that were directed unto the King concerning John Dury and the Miniſters of Glaſgow, report in writing, that at the coming of the Duke (who hath entreſſe in that matter) conſideration shall be had of John Dury: and as for theſe of Glaſgow (if the Aſſembly will delay the proceſs againſt Minto and his colleagves) he will diſpenſe with them, untill the 6. day of July next, when the Counſell is to conveen. The ſame day the witneſſes, that had ſworn were examined at the time appointed. In Seſſ. 6. after publick reading of the proceſs againſt Minto and his colleagves, and the probation thereof, and examination of both, The aſſembly findes the crime, as it is verified and proved, to deſerve the punishment of excommunication: and nevertheleſs at his Ma… interceſſion, the ſentence againſt the perſons is continued untill Iuly 6. when hope is given of repaire, &c. Giving full power and commiſſiō to the Commiſſioners which are to be directed unto his Majeſty and Counſell, that if they shall not find remedy put to that matter betwixt the ſaid day and the 24. day of the ſame month, at their diſcretion to proceed, and give forrh Sentence in the ſame cauſe; And to appoint ſeverall perſons to be executioners thereof: As they will anſwer unto the Church; And ordaines report of this continuation to be made unto his Majeſty. Likewiſe whereas Iohn Dury is now removed out of Edinburgh, the Church inhibites and diſcharges the Church and presbytery of Edinburgh to chuſe or admitt any Miniſter in his place; and diſcharges all Miniſters and theſe that are aſpiring to the Miniſtry to uſurp to take upon them his charge (except a Miniſt. of Edinb. imploy them for help at a time) untill the Gen. Aſſembly be further adviſed; and if any shall be choſen, that election or admiſſion shall be null. The brethren that were ſent to the Duke, report that his anſwer was at firſt a queſtion, Whether the King or the Church were Superior? and then he ſaid, that he had command from the King, and his Counſellors to entertain Mongomery; and untill he were countermanded by his Majeſty, he will not remove him. The Church having conſidered his anſwer, ordaines the brethren of the Miniſtry, who shall go in commiſſion to Perth, as they ſee occaſion there, and the grief not remedied concerning his entertaining the ſaid Robert, To proceed and appoint ſpeciall men that shall proceed further againſt him with the cenſures of the Church, according to the Acts of the Gen. aſſembly: To whom the Church gives their full power to that effect. As alſo the Aſſembly gives their commiſſion to John Erskin of Dun, the p. 429Miniſters of the Kings houſe, Ro. Pont, Ja. Lowſon, Tho. Smeton, An. Hay, Da. Lindſay, An. Polvart, Peter Blackburn, Pa. Galloway, Wi. Cryſteſon, Da. Ferguſon, Ia. Meluin, Th. Buchanan, Io. Brand, Pa. Gileſpy, Io. Porterfield Miniſters and And. Melvin, To repair toward the King and Counſell to be conveened at Perth July 6. and there with all reverence, due obedience and ſubmiſſion, to preſent unto his Majeſty and Nobility the ſpeciall grievances of the Church; conceived and given to them in write, and in their names to lament and regrate the ſame; Craving in the name and fear of the Eternall God, them and every one of them to be repaired and redreſſed, To the glory of God, and welfare of his Majeſty, and confort of his Church; And if need be, with humility to conferre thereupon, inform and reaſon; And what herein shall be done, to report unto the next aſſembly; Promiſing to hold firm and ſtable what ſoever their brethren in the premiſſes shall judge righteouſly to be done. In Seſſ. 7. A Supplication unto the K. againſt his abſolute power.is the tenor of the grievances, thus; Unto your Majeſty humbly mean and shew your Gr^s faitfull & obedient ſubiects the Miniſters of Gods word within your Ma^s realm, conveened in the Generall aſſembly at Edinburgh Juny 17. that where as upon diverſe & great & evident dangers, appearing to the wholl Church of God and profeſſors of his true religion in this countrey, finding the authority of the Church abrogate, her cenſures contemned, and violence uſed againſt ſome of our brethren, without punishment thereof; the like hath never been ſeen in this realm nor in any place, where the truth hath been taught and received; And fearing, leſt your Majeſty for want of information, neglect in time to provide remedy for the inconvenients likely to enſue thereupon, We have conveened ourſelves in the fear of God and your Ma^s obedience, and after diligent conſideration of this preſent eſtate of the Church▪ and enormities falling forth in the ſame, With common conſent, thought neceſſary by our Commiſſioners, to preſent and open unto your Gr. certain our chief & weighty griefs, without haſty redreſs whereof, the Church of God and true religion can no way ſtand & continue in this your country. 1. That your Majeſty by advice of ſome counſelers is cauſed, to take upon your Gr. the ſpirituall power and authority, which properly belongs unto Chriſt as the only King and Head of his Church, the Miniſtery and execution thereof unto ſuch as bear office in the eccleſiaſticall Government: So that in your Gr^s perſon ſome men preaſe to erect a new Popedom, as if your Majeſty could not be full King and Head of this common wealth, unleſs the Spirituall alſwell as the temporall power should be put in your hand: unleſs Chriſt be bere…t of his authority, and the two juriſdictions confounded, which God hath divided: which tendeth directly to the wreck of all true religion, as by the ſpeciall heads following is manifeſt: for. 1. Benefices are given by abſolute power, to unworthy perſons intruded into the Office of the Miniſtry, without the Church's admiſſion, directly againſt the lawes of God; and Acts of Parliament, whereby church-livings come into profane mens hands and others, that ſell their ſouls, and make shipwreck of conſcience; for pleaſure of men and obtaining ſome worldly commodity. 2. Elderships, Synods and Generall aſſemblies are diſcharged by Letters of horning, to proceed againſt manifeſt offenders, and to uſe the diſciplin of the Church & cenſures according to Gods word. 3. Jo. Dury by act of Counſell is ſuſpended from preaching, and banished from his flock. 4. Excommunicat perſonsin contempt of God and his Church are entertained in chief Lords houſes, namely, R. Mong, is authorized and cauſed to preach, and brought to your Ma^s preſence, p. 430which is a ſore wound to the conſciences of them, that love your Majeſty, and know your upbringing, and an heavy ſcandall to all Nations profeſſing the true religion. 5. An Act or deliverance of the Counſell is made againſt the proceedings of the Miniſtry, with a ſlanderous narrative ſuſpending ſimpliciter and diſannulling the excommunication juſtly and orderly pronounced againſt Robert Mongomery a rebellious and obſtinate offender and troubler of the Church of God, and open proclamations made according thereunto. 6. Contempt of Miniſters, and beating John Howeſon out of the judgement-ſeat, where he was placed Moderator of the Preſbytery; the cruell and outragious handling of him, carrying him to priſon like a thief by the Proveſt and Bailives of Glaſgow and their complices; and after complaint, made no order is taken therein, but they are entertained as if that had been good ſervice. 7. Diſplacing the M. of Glaſg. out of his roome, which without reproach he hath occupied theſe many years: and convocation of the gentle men of the country that to effect. 8. Violence uſed by one of your own guard, to pull him out of the pulpit the day of the Communion, in preſence of the wholl congregation and in time of Sermon: nor fault found therewith. 9. The officer of the Church was caſt into priſon, in your Gr^s preſence, and there was keept a long time, for execution of Letters againſt a particular ſcandalons man. 10. Miniſters, Maſters of Colledges and Scholares of Glaſgow in time of publick faſt were by letters of horning compelled to leave their flocks & Schools deſtitute, and afterwards from time to time, and place to place have been delayd and continued, thereby to conſume them by exorbitant expences, and to wreck the churches & Schools, where they should bear rule and charge. 11. The ſcholars of Glaſgow were invaded, and their bloud cruelly shed by the Bailive and community gathered by ſound of the common Bell and ſtroak of drum, and by certain ſeditious men enflammed to have ſlain them all, and to have burnt the Colledge: and yet nothing done nor ſaid to the authors of that ſedition. 12. Hands shaken with the bloody murderers and perſecuters of the people of God by gifts received and given. 13. The Duk's Gr. often promiſed to reform his houſe, and nothing is done there. 4. The lawes made for maintaining true religion and punishing the enemies thereof, are not put to execution. So that all things go looſe, and worſe like to enſue. Many other things there be, that crave preſent reformation, where with wee think not expedient to trouble your Majeſty untill wee ſee, what order shall be taken with theſe grievous complaints; Beſeeching your Majeſty moſt humbly for the love of God, who hath placed your Gr. in this Royall throne, and hitherto hath wondrouſly maintained and defended your authority, carefully to look upon theſe matters, as becomes the Lieutenant of God and a Chriſtian King; And with advice of them that fear God, and do tender your Gr. eſtate, & quietnes of this Common well, ſo to redreſs the premiſſes, that Chriſt be acknowledged above all, and his meſſingers without fear or ſtop, be ſuffered to execute their office; the courſe of the goſpell advanced, and by the exemple of the worthy punishment on them, (who ſo licentiouſly and contemptuouſly have wronged and injured Miniſters and Profeſſors of Gods word,) that others hereafter be afrayd to enterprice the like. The next Aſſembly is appointed to be at Edinburgh October. 24. next. It is objected againſt this Aſſembly, that they did allow the Sentence of excommunication againſt Ro. Mongomery, whereas it was pronounced ſummarily by one man in a private congregation, to wit, by John Davidſon in the church of Libbertoun: and upon this ground, it was declared null by p. 431the Counſell. It is anſuered. 1. That he who hath often objected this, teſtifieth, that before the Aſſembly, it was allowed and intimated in all the Churches of the country. 2. In the Aſſembly of October year 1581. was a Generall Act, ordaining ſummary excommunication againſt theſe, who through ambition or covetouſneſs did by ſuch violent means intrude themſelves into any function of the Church, or who did obtend or uſe any Letters of charge to impede the diſciplin: See before at the VIII. particulare. 3. When this was objected many years ſince, the author of Vindici. Philadelph Pag. 29. anſwered for this inſtance, that the Aſſembly [in October] knowing the mans inconſtancy did advertiſe the Presbytery of Glaſgow, that they should diligently take heed, that he uſurp not the power of a Bishop; and if he shall do ſo, they were ordered to …ondem him of contemptuouſneſs and perfidiouſneſs: and to advertiſe the Presbytery of Edinburgh, unto whom the Aſſembly at that time gave power to excommunicate Robert Mongomery in this caſe: and ſo the presbytery of Glaſgow (notwithſtanding the oppoſition made by Minto) went on, and decerned againſt him: and the presbytery of Edinb. pronounced the Sentence of excommunication, and it was intimated in all the pulpits. So for there. In the ſame place wee find, what was the ſucceſſe at Perth: When the Supplication was preſented, James Stuart (a brother of Ochiltry, who had been Tutor of the Earle of Arran, and thereafter was made Earle of Arran: and at rhat time was Chancelor and …omenter of all theſe miſchiefes) did menacingly ask, Who dar ſubſcribe that Supplication? Andrew Melvin anſwered, Wee all will ſubſcribe it: and ſo he did ſubſcribe it; and after him John Erskin of Dun, Th. Smeton, Ro. Pont, Da. Lindſay, An. Hay, Pe. Blackburn, Tho. Buchanan and Pa. Galloway. English men, which were there, did admire their boldneſs, and thought that they had ſome privy attendents for their guard: but they were diſmiſſed without anſwers. Bishop Spotſwood omitting this paſſage ſaith, To their grievances they received Generall anſwers, and for the brethren of Glaſgow, their tryall was continued to the tenth of September next: before which time the ſurpriſe of the Kings perſon at Ruthven fell out, which altered the ſtate of all affaires; ſome of the nobility combining A Change of the Kings Court at Ruthven An 1582.themſelves for defence of Religion, and the liberty of the Kingdom (as they pretended, ſayth he) upon notice of the Duke of Arrans [I conceive an error in the print, for, the Duke and Arran's] abſence from the Court, placed themſelves about the King, and detained him ſome dajes at the houſe of Ruthven. The principalls were John Earle of Marre, William Earle of Goury, Patrick Lord Lindſay, Robert Lord Boid, the Maſt^s of Glams & Oliphant, the Abbots of Dumfernlin, Paiſley, Driburgh & Camsbuskenneth, the Lairds of Lochlevin, eaſter Weemes, Cliesh and the Conſtable of Dundy. At this time the Earle of Arran was taken and keep priſoner, and the Duke of Lennox (being adviſed by the Kings letters) went to France, and died at Paris in the beginning of the year following, Theſe particulars are at length, loc cit. After the departure of the Duke, the town of Edinburgh brought back their Miniſter John Dury with great joy, ſinging, as they went up the ſtriet, the 124. Pſalme, Now Iſrael may ſay, &c, and as I heard ſome credible perſons (which were there as that time) ſay, they added after the Pſalme, Now hath God delivered us from the Devill, the Duke and all his men. The King went to Edinburgh in the beginning of October and there The 43. Aſſembly.conveenes the Aſſembly in afrequent number of Noble men, many Barons and Miniſters Commiſſioners: David Lindſay is choſen Moderator. In Seſſ. p. 4322. The Miniſters of Edinburgh were ſent unto the K. to petition, that he would ſend his Commiſſioners unto the Aſſembly. The Commiſſioners that were ſent by the former Aſſembly unto the King with the grievances, report the anſwers in write: theſe were read, and judged not to anſwer the Articles: therefore it is appointed, that they shall be further inſiſted on, with other things that are to be craved: and four are appointed to form them in write. In Seſſ. 3▪ James haliburton Proveſt of Dundy, and Colonell Will. Stuart come and deliver their Commiſſion from the King in this tenor;