History of the Catholic Church from 600 to 1600

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

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

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

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

XXIX. The King was diligent to remove the broils of the Nobles by calling them before the Counsel, and causing them submit their quarells, and partly by making strict laws against the troublers of the common peace: but it was long work; and new troubles wereay breaking out: as in the end of the year the Earl of Bothwell and some others envying the credit of the Chancelor, made a conspiracy and stir in the Kings palace: and on February 7. year 1592. the Earl of Huntly killed the Earl of Murray in Dunibrissell: and the Papist Lord's were plotting a traitorous comspiracy with the King of Spain by means of Scots Jesuits some lying in Spain, and some in Scotland, interchanging letters for assistance, to invade first Scotland and then England: as the Letters were intercepted in the end of that year, that were some written, and some blank, and appointed to be filled up by the Jesuits in Spain as the trustees in that business: and all subscribed by Huntly, Anguse and Erroll. These Letters were printed, and the discovery of the Confession of George Ker and David Graham of Fentry, who was arraigned and be headed at Edinburg February 16. year 1593. These (being Civil) I would have omitted: but these are the ground of other things following. The National assembly conveenes at Edinburgh May 22. Robert Bruce is chosen Moderator. I. It was considered, to propound unto the King & Parliament these petitions. 1. That the Acts of Parliament in the the year 1584. against the discipline of the Church and their liberty, be annulled: the same discipline whereof the Church hath been now in practice, may be ratified. 2. Abolition of the Act of annexation, and restitution of the patrimony of the Church. 3. That Abbots, Priors and others pretending the title of the Church, and voting in name of the Church without their power and commision, be not admitted to vote in name of the Church, neitherin Parliament, nor other convention. 4. That the Country may be purged of fearful idolatry and blood-shed. Commissioners were named for this end. II. It is referred to consultation, whither is be lawful, that the Ministry should succeed in the place of Prelates to vote in Parliament. III. It is ordained, that Ministers receiving Commissions from the Church, if they be slothful in execution, shall be rebuked in the face of the Assembly for their negligence. IV. The Church considering their duty to God, and the necessity of the charge laid upon them, and seeing the daily decay of religion and lack of justice, whereof the effects (to the regrate of all true Christians) do more and more fall-out in miserable experience; And that the duty of their office burdeneth them, to discharge their consciences in this behalf, unto their Sovereign, unto whom it chiefly appertains to procure remedy there of; Therefore they direct certain brethren, to pass immediately unto his Ma. and to lament the daily decay of religion, disorder and lack of justice within this realm; and to admonish gravely, that he will do for remedy of these evils, as he will answer unto God; and like wise to admonish in name of the Eternal, to have respect in time unto the estate of true religion perishing; and to the manifold murders, oppressions & enormities daily multiplied through impunity; And to discharge his Kingly Office in both, as He would eschew the fearful challenge of God, and turn his wrath from his Ma. and the wholl Land; And to the end, his Ma. may be the better informed, they are ordered, to declare the particula • es. V. Alexander dickson being summoned, compeares: he is asked, whither he had subscribed the articles of religion presently professed & established within the realm? and whether he had communicate at the Lord's Table? He answereth, he had done both when he was a Student in Saint Andrews. Then he is asked, In what heads he differeth now? He answereth, There be sundry heads, wherein he agrees not with the Confession of faith. He is bidden either now by word, or too morrow by writ declare the specialls. He plainly avoweth and protests, he differeth from them, in all the substantial points of religion, wherein the Papists controvert with them. Upon this his confession, the Assembly finds that he hath committed apostasy; and therefore to have incurred the censure of an apostate. The next day he sendeth a supplication, offering to subscribe the Confession of faith, or within 40. days to pass out of the realm; and to this effect craving to be freed from captivity. The Assembly desireth a Bailive of Edinburgh (present) to take order with him according to the Act of Parliament, and to set him free upon caution. VI. Concerning the heinous murder of the Earl of Murry committed by the Earl of Huntly and his complices; the Assembly gives order and strait command unto the brethren of the presbytery of Brechin (who have already entered in process with him) to proceed with concurrence of two brethren of each presbytery of Anguse and Merns, against him for that cruel fact, according to the acts of the Assembly. VII. Whereas an act was made in the last Parliament, concerning deposed Ministers; it is thought meet, at the next Parliament or Convention of Estates, To crave, that because it hat been enacted, that notwithstanding a Pastor be deposed, yet the tacks and titles set by him, shall stand, It be now provided and added unto that Act, that if the tack or title be set after the committing of the fact for which the person is deposed, that such tacks, factories or titles whatsoever, shall be null or of none availl. In the Parliament begun Juny 5. The four petitions of the Assembly, were taken into consideration▪ whereof the second and third were denied: but for the first; all former Acts of Parliaments for liberty of the true Church were ratified; as also the Parliament ratifieth and approves the General assemblies appointed by the Church, and declares, that it shall be lawful to the Church and Ministers every year at the least and ofter pro re nata, as occasion and necessity shall require, to hold and keep general assemblies; Providing, that the Kings Majesty or his Commissioners, with them to be appointed by his Hieness, be present at each general Assem. before the dissolving thereof, nominate & appoint time and place, when or where the next general assembly shall be holden: and if neither his Ma. nor his said Commissioners be present for the time in that Town, where the Assembly shall be holden, in that case it be lawful to the said Gen. assembly, by themselves to nominate & appoint time & place, where the next Gen. assembly shall be kept; as they have been in use to do in time by past: And also ratifieth and approves the Synodal or Provincial assemblies, to be held by the said Church and Ministers twice every year, as they have been, and presently are in use to do, within every Province of this▪ realm; And ratifieth & approves the presbyteries, and particular Sessions appointed by the said Church, with the wholl jurisdiction & discipline of the said Church, agreed upon by his Majesty in Conference had by his Hieness, with certain of the Ministers convened for that effect: of which articles the tenor follows, Matters to he treated in the Provincial assemblies: These assemblies are constltute for weighty matters necessary to be treated by mutual consent and assistance of brethren within the Province, as need requires: This Assembly hath power to handle, order & redress all things omitted or done amiss in the particular assemblies: It hath power to depose the office-bearers of that Province fought good & just cause, deserving deprivation: and generally these Assemblies have the whole power of the particular Elderships, whereof they are collected. Matters to be treated in the Presbyteries, The power of the Presbyteries is to give diligent labors in the bounds committed to their charge: that the Churches be kept in good order, to inquire diligently of naughty & ungodly persons, and to travel to bring them into the way again, by admonition or threatening of God's judgments, or by correction: It appertains unto the Eldership, to take head, that the word of God be purely preached within their bounds; the Sacraments rightly administered, the discipline entertained, and ecclesiastical goods uncorruptly distributed; It belongs unto this kind of assembly, to cause the ordinances made by the Assemblies Provincial, National or General, to be kept and put in execution; to make constitutions, which concern TÒ PREPON in the Church, for decent order in the particular Church, where they govern; Providing that they alter no rules made by the Provincial or General Assemblies; and that they make the Provincial privy of the rules, that they shall make; And to abolish constitutions tending to the hurt of the same; It hath power to excommunicate the obstinate, formal process being led, and due interval of times observed. Of particular Churches, if they be lawfully ruled by sufficient Ministry & Session, they have power & jurisdiction in their own congtegation in matters eccelesiasticall, And decernes and declares the said Assemblies, presbyteries and Sessions, jurisdiction & discipline thereof foresaid, to be in all time coming most just, good and godly in the self, Notwithstanding whatsoever Statutes, Acts, Canon, Civil or Municipall laws made in the contrair; To the which and everyone of them; these presents shall make express derogation. And so follows an abrogation of many Acts made in time of Papistry in favors of the Papistical Church; Also the 129. Act of the Parliament An. 1584. was annulled, that it should in no way be prejudicial nor any way derogatory to the privilege, that God hath given to the spiritual Office-bearers in the Church, concerning heads of Religion, matters of heresy, excommunication, collation or deprivation of Ministers, or any the like essential censures specially grounded and having warrand of God's word. Item then was annulled the act of that same Parliament; granting commission to Bishops and other Judges constitute in Ecclesiastical causes, to receive his Hieness presentations unto Benefices, to give collation thereupon, and to put order in all causes ecclesiastical: which his Majesty and Estates foresaids declare, to be expired in itself, and to be null in time coming, and of none avail, force nor effect; And therefore ordains all presentations to Benefices, to be directed unto the particular Presbyteries in all time coming, with full power to give collation thereupon; and to put order to all matters ecclesiastical within their bounds, according to the discipline of the Church; Providing. the foresaid Presbyteries be astricted & bound, to receive and admit whatsoever qualified Minister presented by his Majesty or laick patrons. Lykwise an act, that unqualified persons being deprived, the Benefice vakes, and the Patron not presenting, the right of presentation pertains to the Presbytery, without prejudice of the tacks set before the deprivation. Lykewise an Act concerning Manses and glebes at cathedral and Abbey-churches▪Item an act ratifying & approving all acts of Parliament, Secret Counsel, and all Proclamations made before against Jesuits, Seminary-priests and receipters of any of them: & also decerning that in all time coming the saying of Mass, receipting of Jesuits, Seminary-priests, trafficquing Papists against the K • Ma. & Religion presently professed within the realm, is and shall be a just cause to infer the pain & crime of treason, both against the Jesuits, Mass-priests, trafficquing Papists, and receipters of them; providing, how soon the Jesuits and priests satisfy the Prince and the Church, the foresaid penalty shall no way strick against the receipters. Item an Act ratifying the Act made in February 1587. infavors of Ministers their stipends & rents. Item an act forbid-bidding markets on the Sabbath, & allowing to choose a week day for them. Item who give not Confession of faith, shall not enjoy the benefit of any act of Parliament. Likewise an act was made against erection of Churchlands and tyths into Temporal Lordships, with exception of all that were before erected. Here Bishop Spotswood affirms that the King was unwilling either to abrogate the acts of the year 1584. or to grant the ratification of the present discipline; but Bothwels business and the many discontentments within the realm, moved him to give way, lest he be troub • ed with their outcry. But this is clearly contrary unto the K ^s own promise made in the Ass. year 1590. And in a few pages before, he objectes against the discipline a division, that happened in the presbytery of Santandrewes, for planting the Chu • ch of Luchars, and upon this occasion that presbytery was divided in two whereof the one went to Couper. He had objected this long before against Epistol. Philadelph. and it was answered in Vindiciae. Pag. 25. that the question was for the gifts or abilities of the two persons, and not for any bribe, that either of the parties looked upon: but the Bishops were not wont to try the Spirits of men in that manner, but principally looked upon their friendship or money: as for the division of the presbytery into two, it is said there, two others causes moved them: they were many in number, and so the turns of their Exercise coming seldom, some were thought to be negligent▪ another cause was, that many pretended excuse of their absence, because of the distance of place and difficulty of the way. At first there were but two Presbyteries in Fife, to wit, Santandr. & Dunfermlin. any man who knows the bounds, will easily grant these reasons, as the like causes made division of Presbyteries in Anguse, and other places. But moreover can all inconvenients be eschued in any sort of Government either political or ecclesiastical? then was a difference among them: but it was soon remedied. Here I borrow of The Historical Narration in the title Of the third course of Visitors sect. 18. where on the margin it is said, Presbyterial Government is proved to be better than Episcopal: and in the Section it is said; Seeing Pastors are equal in power by God's ordinance, the Government cannot be lawful, which bringeth Superiority of one above others. Whereas this parity in power is charged with anarchy & confusion, it is an unjust imputation, proceeding from ignorance or malice: for notwithstanding this parity among Pastors considered severally, there is a subordination of the eldership of particular churches unto a presbytery; and of presbyteries unto Provincial Synods, and of Synods unto the National Assembly. Again every Pastor is subject to the joint fellowship of Pastors in the presbytery, Synods and Assemblies. Thirdly there is a priority of order, in that one is Moderator or president in every meeting or Assembly. It is not then loose or single, but compact parity, and ordered. This comely order preserves that parity, which Christ hath allowed, to be among Pastors, considered with respect of one to another severally, and is more convenient for the Church of God, than the superiority of a diocesian Bishop. It cannot be denied, that many eyes see better than one, either in trying Ministers, or finding heretics, or devising remedies for evils, or examining delinquents. Next put the case, the sight of one may be sharper than of many, yet many having equal power are not so equally nor easily corrupted to pervert discipline & judgment, as one judging and ruling by his sole power or with power by his negative voice, to fr • strate the voices of many. One who is a stranger, and not a kindly Pastor, may be more easily induced to wink at heretics, to admit or tolerate vicious Ministers, or to • uffer atheism or Popery to wax, than a number of Pastors watching over their own flocks. Again the zeal of one stirreth up the coldness of another, and his zeal is tempered by the mildness of a third: the contempt of the world in one beareth down the covetousness of a worldling: the graces and gifts of God in sundry persons, like sundry ingredients in one salve, meet together, and temper one another. It is expedient (say prudent Politicianes) that in Assemblies there be some like Cato, Claudius or the like, to correct with their severity the gentle voices of others. Thirdly will not the kindly Pastors be more vigilant or careful of the weel of their own flocks, than an idol shepherd, set over many with a general oversight? Fourthly is there not greater liberty, and consequently sinceerer Government, where men may utter their minds freely in propounding, reasoning and voting, when all are of equal power; than when one hath power to present others to Benefices, prefer, transferr, and on the other side to depress, vex and persecute? 5. Is it not more convenient for the ease of God's people, that causes be pleaded, offenses be tried, and offenders censured, where the offenses is committed, without charges to parties & witnesses, and with expedition, than to trouble the subjects with journeying unto the Bishop, and to wait upon his leisure for trial and determination? 6. Is not the Government more convenient for the Church, where no man is exeemed from censure, than where Prelates rule without controlment, either of Presbytery or Synod, from whose censure they are exeemed, or of National assembly, which are not, but when it pleaseth them, and then overruled by them? It is oft alleged, that parity is subject to schism and breeding of heresies. I answer, That may be true, where parity is not qualified and ordered with the subordination above mentioned, or if every man be suffered to live as him listeth: but when it is ordered, as said is, experience in our own Church is a sufficient evidence of the most powerful mean to suppress schism and heresy: and that was the reason, that K. James alleged unto an English Divine, (admiring why our Church was never troubled with heresy:) for [said he] if it spring up in a parish, there is an eldership, to take notice of it, and suppress it: if it be too strong for them, the Presbytery is ready to crush it: if the Presbytery cannot provide against the obstinate, in the Synod he shall find moe witty heads: if he be not convinced there, the General Assembly will not spare him. But we never heard, that any error was so obstinately maintained; as to be brought to the censure of a Synod, far less to the Gen. Assembly, excep only two usurping Bishops, and Tho. Hepburne, yet he was suspended, and after conference with some, which were appointed to argue with him, he corrected his opinion. We have the like experience of the Church of France: and if the Reformed Church of the Low Countries had enjoyed the liberty of set and general Assemblies as the Church of Scotland did, and France doth, Arminianism had not go • e such footing among them: and if that extraordinary National Council had not been held at Dort, in all liklyhood it had prevailed. But episcopal Governument hath bredd and entertained schism, heresy, tyranny. Among presbyteries if one had hatched an heresy, it was soon crushed; unless a Bishop had taken the patrociny of it: but if a Bishop hatch an heresy, or take upon him the defense of one hatched by another, he drawth commonly all the Diocy after him, as may be cleared by infinite instances; and when the universal Bishop was set up, a General apostasy followed. All the world hath been shaken with contentions of Bishops, patriarcks and popes for preferment to their places, or advancement of their honors. So that we may justly aver, that superiority of Bishops hath been the Knife, that hath cut the strings of concord & peace. The heathen Emperors have not been g • eater persecutors, that Lordly Prelates: Catilina did not disturb the common wealth, more than Bishops have done in some Nations, I as witnesseth Thomas Becket and Anselm, though even for the same cause principally they were called Saints] And if we will cast our eyes on our neighbor Church, there we may find Familists, Anabaptists, Lutherans, Arminianes, and preachers popishly affected, to live without controlment, but sound & orthodox preachers to be (for not conformity in ceremonies, &c.) silenced, imprisoned, banished or otherwise hardly used. Since the golden ring of equality among Pastors was broken in our Church, and the liberty of holding assemblies was re • t from her, a fearful schism hath entered with obtruding of Popish ceremonies; popery and Arminianism is taught in churches and Schools; and none so readily preferred to Bishoprics or inferior Benefices as Arminian and Popish preachers, which (unless God prevent it) in end will draw all the body into apostasy and defection, which is more dangerous than a mere schism. This the Author did write about the year 1635. Certainly ambitious men and all who will not be curbed in their loose carriage, are enemies of this Discipline.

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

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

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

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

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

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

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

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

XXXVIII. The Gen. Assembly conveenes at Monros March 18. 1600. R. Wilky is chosen Moderator. I. Where a Parish is spacious, and a great part thereof cannot conveniently resort unto the church, in respect of distance, & a number of that parishon will build another church, and provide maintenance unto a Pastor upon their own charges, The assembly declares it lawful, and will join with them to procure approbation of the Parliament. II. Because many are delated, to absent themselves from the Sacrament under vain pretenses, It is ordained, that every presbytery shall command every Minister within their bounds, to give up the names of all them within their parishon, who communicate not each year once at least; And then summon them, to compear before the presbytery, to hear themselves decerned to communicate within three months, with certification, if they obey not, the Act of Estates against Non-communicants, shall be execute against them; And if they obey not, after these three months their names shall be delated unto the K. or Counsel for the effect fore • aid. III. It was lamented, in the Kings presence, that when Ministers are in process against adulterers, murderers and such other scandalous persons; they are drawn from their calling, and charged to compear before the Counsel, by letters obtained upon false narratives, and so the discipline of the Church is loosed, and vice is not punished. The K. promiseth, that no Letters shall be directed from his Counsel against any Minister nor presbytery, at the instance of any person, for execution of their office, unless the party produce a test • moniall in form of instrument, de negata justitia. IV. The Commissioners, that were appointed to wait upon the King, give-in these articles framed with his advice, to be presented unto the next Convention of Estates. 1, All Jesuits, Seminary-priests, excommunicated and traffecting Papists, which at any time shall return into the Country, or are presently within the Country shall immediately after delation of their names unto his Majesty, be apprehended, and kept in ward, until they convert unto the religion, or be removed out of the Country. 2, The receivers of obstinate & excommunicate Papists, and their chief friends whose houses they haunt, shall be charged to find caution, under a pecuniall pain according to their ability, that they shall no way entertain nor receive these persons. 3. That all excommunicate Papists be charged to satisfy the Church within three months, under the pain of horning, and if they obey not, to be denounced, that their escheats & liferents after year and days rebellion may be intrometted with by the Kings Treasurer, and not to be disponed to any donator. 4. That the Marques of Huntly be charged to present before his Ma. and Counsel • . Gordon of Newtoun, P. Butter and Al. Lesly, according to his band, that they may be committed to warduntill they satisfy the Church. V. Bonitoun younger is ordained to be convened before the presbytery of Brechin as his Judge ordinary, and there to offer his satisfaction. VI. Because many inconvenients fall out by marriage of young persons, it is ordained, that no Minister join in marriage any man under fourtien year of age, nor a woman under twelve complete at least; Ordaining also the Commissioners of the Assembly to crave this statute to be ratified by the Estates. VII. Because marriages of persons convict of adultery is an allurement to married persons unto that crime, thereby thinking to be separated from their lawful spouse, land to be married with the person, with whom they have committed adultety, therefore the Assembly ordains a supplication to be presented unto the Estates, to discharge the marriage of such persons; and that this Statute be confirmed by Parliament, VIII. The advice of the Conference at Falkland in July 1599. is read in