TREASON Pretended against THE KING OF SCOTS, by certain Lords and Gentlemen, whose names hereafter follow. WITH A DECLARATION OF the kings majesties intention to his last Acts of Parliament: which openeth fully in effect all the said conspiracy. Out of Skottish into English. ¶ Imprinted at London for Thomas Nelson, and are to be sold at the West end of Paul's. 1585. ¶ The Copy of a letter sent from a Gentleman in Scotland to a friend of his in England, touching the conspiracy against the king's majesty. MY approved friend T. S. There hath been lately secret practising against the kings Majesty of Scotland. But time serveth not now to set down the manner of their proceeding in the said attempt: I have here sent to you the kings declaration to his last Acts of Parliament, and for brevity have set down the names of the conspirators, which are as followeth. And thus in hope you will accept my good will, I commit you to the Almighty: From Edenbrough this 20. of February. 1585. Yours Christopher Studley. These were apprehended at the kings Court. The Lord of Don Whasell. The Lord of Dunkrith. The Lord of Baythkicte. Robert Hamelton of Ynchmachan. M. james Sterling. john Hoppingell of the Mores apprehended at his own house by the Captain of the king's Guard. The Lord Keir & Lord Maius apprehended with other Gentlemen about Sterling. The Lord Blaketer and Georg Douglasse are summoned to the Court upon suspicion. The Lord Don Whasell. The Lord Maius executed. The treason discovered by Robert Hamelton. THE kings majesties DECLARATION OF his Acts confirmed in Parliament. forasmuch as there is some evil affected men that goeth about so far as in them lieth, to invent lies and tales to slander and impair the king's majesties fame and honour, and to raise reports as if his Majesty had declined to Papistry, and that he had made many Acts to abolish the free passage of the Gospel, good order and discipline in the Church: Which bruits are maintained by rebellious subjects who would gladly cover their seditious enterprises under pretence of Religion (albeit there can be no godly religion in such as raiseth rebellion to disquiet the state of their native sovereign, and periuredly doth stand against the oath, band, and obligation of their faith, whereunto they have sworn and subscribed) therefore that his majesties faithful subjects be not abused with such slanderous reports, and his highness good affectionated friends in other countries may understand the verity of his upright intention, his highness hath commanded this brief declaration of certain of his majesties Acts of Parliament holden in May 1584. to be published & imprinted, to the effect, that the indirect practices of such as slander his majesty and his laws, may be detected and discovered. IN the first Act his Majesty ratifies and approves the true profession of the Gospel, sincere preaching of the word, and administration of the Sacraments presently by the goodness of God established within this Realm, and alloweth of the confession of the Faith set down by Act of Parliament, the first year of his majesties reign. Likewise, his highness not only professeth the same in all sincerity, but praised be God is come to that ripeness of judgement by reading and hearing the word of God, that his highness is able to convince and overthrow by the doctrine of the Prophets and Apostles, the most learned of the contrary sect of the adversaries: So that as Plato affirmeth, that common wealth to be most happy wherein a Philosopher reigneth, or he that reigneth is a Philosopher. We may much more esteem this country of Scotland to be fortunate wherein our king is a Divine, & whose heart is replenished with the knowledge of the heavenly Philosophy, for the comfort not only of his good subjects and friends in other countries, but of them that professeth the Gospel every where, he being a king of great wisdom, and by his birthright borne to great possessions, but much more his highness virtue, godliness and learning, and daily increase of all heavenly sciences, doth promise and assure him of the mighty protection of God, and favour of all them that fear his holy name. IN the second Act, his majesties royal authority over all estates both spiritual and temporal, is confirmed. Which Act, some of malice and other some of Ignorance, doth traduce, as if his Majesty pretended to be called the head of the Church: A name which his Majesty acknowledgeth to be proper and peculiar to the son of God the Saviour of the world, who is the head, and bestoweth life spiritual upon the members of his mystical body, and he having received the holy spirit in all abundance, maketh every one of the faithful, partakers thereof, according to the measure of faith bestowed upon them. Of the which number of the faithful under the head Christ, his Majesty acknowledgeth himself to be a member, baptized in his name, partaker of the mystery of the cross and holy communion, and attending with the faithful for the coming of the Lord, and the final restitution of Gods elect. And not withstanding, his Majesty surely understandeth by the scriptures, that he is the chief and principal member appointed by the law of God, to see God glorified, vice punished, & virtue maintained within his Realm, and the sovereign judgement for a godly quietness and order in the common wealth, to appertain to his highness care and solicitude. Which power and authority of his highness, certain ministers being called before his Majesty for their seditious and factious sermons in stirring up of the people to rebellion against their native king (by the instigation of sundry unquiet spirits) would in no wise acknowledge but disclaim his majesties authority as an incompetent judge: and specially one called M. Andrew Meluile an ambitious man, of a salt and fiery humour, usurping the pulpit of Sandroyes, without any lawful calling, and privy at that time to certain conspiracies attempted against his Majesty and crown, went about in a Sermon upon a Sunday, to inflame the hearts of the people, by odious comparisons of his majesties progenitors and counsel, albeit the duty of a faithful preacher of the Gospel be rather to exhort the people to the obedience of their native King, and not by popular Sermons (which hath been the eversion and decay of great cities and common wealths, and hath greatly in times past bred disquietness to the state thereby) to trouble and perturb the country. The said M. Andrew being called before his highness, presumptuously answered that he would not be judged by the king & counsel, because he had spoken the same in pulpit, which pulpit in effect he alleged to be exempted from the judgement & correction of princes, as if that holy place sanctified to the word of God, and to the breaking of the bread of life, might be any colour to any sedition in word or deed, against the lawful authority without punishment. Always his Majesty (being of himself a most gracious Prince) was not willing to have used any rigour against the said Master Andrew, if he had humbly submitted himself, acknowledged his offence, and craved pardon. Who notwithstanding afraid of his own guiltiness, being privy to divers conspiracies before, fled out of the Realm, whose naughty and presumptuous refusing of his highness judgement was the occasion of the making of this second Act: videlicet, that none should decline from his highness authority, in respect that the common Proverb beareth, Ex malis moribus bonae leges natae sunt: that is, Of evil manners good laws proceed. And in very deed it wanteth not any right intolerable arrogancy in any Subject called before his Prince, professing and authorizing the same truth, to disclaim his authority, neither do the Prophets, Apostles, nor others (conducted by the spirit of God) minister the like example: for it is a great error to affirm (as many do) that Princes and Magistrates have only power to take order in civil affairs, and that Ecclesiastical matters doth only belong to the ministery. By which means the Pope of Rome hath exempt himself and all his Clergy, from all judgements of Princes, & he made himself to be judge of judges, and to be judged of no man: whereas by the contrary, not only by the examples of the godly governors, judges and Kings of the old Testament, but also by the new Testament, and the whole history of the primitive Church, in the which the Emperors being judges over the bishop of Rome, deposed them from their seats, appointed judges to decide and determine in causes Ecclesiastical, and challenge innocent men as Athanasius from the determination of the Council holden at Tyrus, and by infinite good reasons which shall be set down by the grace of God in an other several work shall be sufficiently proved and verified. But this appeareth at this present to be an untimely and unprofitable question, which hath no ground upon their part, but of the preposterous imitation of the pretended jurisdiction of the Pope of Rome. For if there were any question in this land of heresy whereby the profound mysteries of the Scriptures behoved to be searched forth, his Majesty would use the same remedy (as most expedient) which the most godly Emperors hath used: And his Majesty following their example, would allow the council of learned Pastors, that by conference of Scriptures, the verity might be opened and heresy repressed. But God be thanked we have no such controversies in this land, neither hath any heresy taken any deep root in the country, but that certain of the ministery joining themselves to rebels, hath traveled to disquiet the state with such questions that the people might embrace any sinister opinion of his majesties upright proceedings, and factions might be nourished and entertained in the country. Neither is it his majesties meaning nor intention in any sort to take away the lawful and ordinary judgement in the Church, whereby discipline & good order might decay, but rather to preserve, maintain, and increase the same. And as there is in the realm justices, Constables, Sheriffs, Provosts, bailiffs, and other judges in temporal matters, so his Majesty alloweth that all things might be done in order, and a godly quietness may be preserved in the whole estate, the Sinodal assemblies by the Bishops or Commissioners where the place was used to be convenient twice in the year, to have the ordinary trial of matters belonging to the ministry and their estate. Always reserving to his highness, that if they or any of them do amiss, neglect their duty, disquiet the estate, or offend in any such manner and sort, that they in no ways pretend that immunity privilege and exemption, which only was invented by the Popes of Rome, to tread under foot the sceptres of Princes, and to establish an Ecclesiastical tyranny within this country, under pretence of new invented Presbyters, which neither should answer to the king, nor Bishop under his Ma. but should have such infinite jurisdiction, as neither the law of God nor man can tolerate. Which is only his majesties intention to repress, and not to take away any godly or due order in the Church, as hereafter shall appear. THe third Act of his majesties foresaid Parliament, dischargeth all judgements Ecclesiastical, and all assemblies which are not allowed by his Majesty in Parliament, which act specially concerneth the removing and discharging of that form invented in this land, called the presbytery: wherein a number of Ministers of a certain precinct and bounds, accounting themselves to be equal, without any difference, and gathering unto them certain Gentlemen, and others of his majesties subjects, usurp all the whole Ecclesiastical jurisdiction, and altereth the laws at their own pleasure, without the knowledge and approbation of the king or the estate. A form of doing without example of any nation. subject to a Christian Prince The peril whereof did so increase that, in case it had not been repressed in due season, and forbidden by his majesties laws, the same had troubled the whole country. And being tried by his highness to be the overthrow of his majesties estate, the decay of his Crown, and a ready introduction to Anababtistrie and popular confusion in all estates, his majesty hath given commandment against the same. And that the Reader may understand the danger thereof by many inconveniences, which thereby ensueth in this land, I will not only set down one whereby they may understand what peril was in the rest. The ambassador of France returning home unto his own country, commanded the Provost, Bailiffs and Counsel of Edingbrough to make him a banquet, that he might be received honourably, according to the amity of ancient times between the two Nations. This command was given on the Saturday by his highness: and the banquet appointed to be on the Monday. A number of the foresaid pretended presbytery understanding thereof, assembled themselves on Sunday in the morning, and presumptuously determined and agreed, that the Ministers of Edinbrough should proclaim a fasting upon the same monday, where three several Ministers one after another, made three several sermons invectives against the Provost, Bailiffs, and Counsel for the time, and the noble men in the country, who repaired to the banquet at his Ma. command. The foresaid presbytery called and persuaded them, and scarcely by his majesties authority could be withholden from excommunicating the said Magistrates and noble men, for obeying only his highness lawful command which the law of all countries, called Ius gentium, requires towards Ambassadors of foreign countries. And not only in this, but innumerable other things, their commandment was proclaimed directly, under the pain of excommunication, to the kings Ma. and his laws. Which form of proceeding, engendered nothing but disbut disquietness, sedition, and trouble: as may manifestly appear, in that, the special authors of the inventing, promoting and assisting of the foresaid pretended Presbyteries, hath joined themselves with his majesties Rebels: and fleeing forth of the realm, in respect of their guiltiness, hath discovered what malicious practices was devised amongst them, if God had not in time provided remedy. The other form of judge meant which his Majesty hath discharged, is the general assembly of the whole Clergy in the Realm: under pretence whereof, a number of Ministers from sundry presbyteries did assemble, with some Gentlemen of the country, whereof some for that time malcontents of the estate, sought that colour as favourers of the ministery, by the which they have practised many enterprises in the realm: where there was no certain law in Ecclesiastical affairs, but all depended upon the said general convention, where the laws of the church were alterable after the number of voices, which for the most part succeeded unto the most unlearned of the multitude. This general assembly amongst other things did appoint and agree with his Mayest. regentes in his highness minority, that the estate of bishops which is one of the estates of Parliament, should be maintained & authorised: As it is registered in the books of counsel, and subscribed by the commissioners for the time. Which order was observed many years, and Bishops by their consents, appointed to the diocese, until within this late time, in assemblies holden at Dundie and Glasgow, respecting the foresaid ministers & assemblies, took upon them, contrary to their own hand writing, to discharge the estate, and to declare the same to be unlawful, in their pretended manner. And there commanded the Bishops of the country to demit and leave their offices & jurisdictions, & that in no wise they should pass to the king's majesties counsel, or Parliament without commission obtained from their assembly: That they should confirm nothing in parliament and counsel, but according to their acts and injunctions. And further, they directed their Commissioners to the king's majesty, commanding him and the council, under pain of the censures of the Church (whereby they understood excommunication) to appoint no Bishop in time to come, because they had concluded that estate to be unlawful. And notwithstanding, that which they would have dejected in the bishops, they purposed to erect in themselves, desiring that such commissioners as they should send to parliament and counsel, might be authorised in place of the estate, whereby it should have come to pass, that where as now his Ma. may select the most godly, learned, wise and experimented of the ministery, to be on his Ma. estate, his highness should have been by that means compelled to accept such as the multitude, by an odd consent of the most unlearned should have appointed, which could not tend but to the overthrow of the realm, whereof that estate hath been a special stop. After they had discharged bishops, they agreed to have Superintendents, Commissioners, and Uisitours: but in the end, they discerned that there should be no difference amongst the ministers, & imagined that new form of Presbytery, whereof we have spoken before. Neither was there any other appearance that they should have stayed from such daily alterations in the common wealth, which could not but continually be disquieted, where the law of conscience which they maintained by the sword of cursing, was subject to such mutations, at the arbitrement of a number whereof the most part had not greatly tasted of learning. At our the foresaid assembly was accustomed not only to prescribe the law to the king and estate, but also did at certain times appoint general fastings throughout the realm, specially when some factioners in the country was to move any great enterprise. For at the fast, all the ministers was commanded by the assembly to sing one song, and to cry out upon the abuses, as they termed it, of the court and estate for the time, whereby it is most certain great alterations to have ensued in this land, while at the good pleasure of God, and his blessing towards his Ma. the pretence of the last fast was discovered, & his highness delivered from such attempts, whereby his Ma. hath been justly moved to discharge such conventions which might import so prejudicially to his estate. But specially his Ma. had no small occasion, whereas the same assembly being met at Edenbrough, did authorize & avow the fact perpetrate at Ruthuen, in the taking of his highness most noble person. The which deed, notwithstanding his Ma. with the advise of his estates in Parliament accounted to be treason, the said assembly esteeming their judgement to be the sovereign judgement of the realm, hath not only approved the same, but ordained all them to be excommunicate that would not subscribe and allow the same. So the acts of this assembly, and the laws of the estate directly weighed in civil matter, with the which the assembly should not have meddled, it behoved his highness either to discharge himself of the crown, or the ministery of that form of assembly, which in deed of itself, without the king's majesties licence & approbation, could not be lawful. Like as general counsels at no time could assemble without the commandment of the Emperor for the time: and our king hath no less power within his own realm, than any of them had in the empire. Yea, the Bishop of S. Androis had not in time of Popery, power to convent the Bishop's & clergy out of their own Diocese, with out licence given before of his highness most noble progenitors of good memory, and the causes thereof intimated & allowed. Notwithstanding that his majesties intention and meaning may fully be understood, It is his highness will, that the Bishop or Commissioners of any Diocese or Province, or part thereof, shall at their Visitation appointed in every parish, according to the greatness thereof, some honest, virtuous and discrete men, to aid and assist the Minister, and to have the oversight and censure of the manners and behaviour of the people of that parish. And if there be any notable offence worthy of punish meant, that the Bishop and Commissioners be advertised thereof, who shall have an Officer of arms to be assistant for the punishment of vice, and executions to follow thereupon: that they who contemneth the godly and lawful order of the Church, may find by experience his majesties displeasure, and be punished according to their deservings. And further, his Majesty upon necessary occasions which may fall forth by divers manner of ways among the Clergy, upon humble supplication made unto his highness, will not refuse to grant them licence to assist the bishops, Commissioners, and some of the most virtuous, learned, and godly, of their Diocese, where such Ecclesiastical matters as appertaineth to the uniformity of doctrine, and conservation of a godly order in the Church, may be entreated and concluded in his majesties own presence, or some of his majesties honourable counsel, who shall assist for the time: Where, if necessity so require, a public fast throughout the whole realm may be commanded, and by his majesties authority proclaimed, to avoid the imminent displeasure and danger of the wrath of the lords judgements, which is the right end of public humility, and not under pretence thereof, to cover such enterprises, as hath heretofore greatly disquieted and troubled the peace of this common wealth. THe xx. Act ratifieth and approveth, and establisheth the estate of the Bishops within the realm, to have the oversight and jurisdiction, every one in their own Diocese. Which form of government, and rule in Ecclesiastical affairs, hath not only continued in the church from the days of the Apostles, by continual succession of time, and many Martyrs in that calling shed their blood for the truth: but also, since this Realm embraced and received the Christian religion, the same estate hath been maintained to the welfare of the Church, and quietness of the realm, without any interruption, until within this few years, some curious and busy men have practised to induce in the ministery, an equality in all things, as well concerning the preaching of the word, administration of the Sacraments, as likewise in discipline, order and policy. The which confusion his Majesty finding by most dangerous experience, to have been the mother and Nurse of great factions, seditions and troubles within this Realm, hath with advise of his highness estates, advisedly concluded the said pretended party in discipline, orders and policy in the Church, to be no longer tolerate in this Country: but the solicitude and care of all churches in one diocese, to appertain to the Bishop and commissioner thereof, who shall be answerable to God, and his Majesty, and estates, for the right administration and discharge of the office of particular Ministers, within the bounds of their jurisdiction. For as it becometh his Majesty, as Eusebius writeth of Constantinus the great, to be a Bishop of Bishops, and universal Bishop within his Realm, in so far as his majesty should appoint every one to discharge his duty: which his highness cannot, his country being large and great, take him to every Minister that shall offend, and transgress against duty, or quarrel with the whole number of the ministery: but it behoveth this Majesty to have Bishops and overséeers under him, which may be answerable for such bounds, as the law and order of the country hath limited and appointed unto every one of them. And that they having access to his majesties Parliament & counsel, may intercide for the rest of the brethren of the ministery, propone their grief unto his highness and estates, and receive his majesties favourable answer therein. The which form doth preserve a godly quietness, unity, concord, and peace in the estate, and an uniform order in the Church. As contrariwise, the pretended equality divideth the same, and under the pretence of equality, maketh some of the most crafty and subtle dealers to be advanced and enriched: and in pretending of party, to seek nothing but their own ambition, and advancement above the rest of the simple sort. And notwithstanding that his Majesty hath reestablished the said estate, it is not his highness will & intent, that the foresaid Bishop shall have such full power, as to do within his diocese what he plea seth. For as his Ma. cannot allow of any popular confusion, wherein as the proverb saith, Nulla tyrannis aequiparanda est tyrannidi multitudinis. That is, No tyranny can be compared to the tyranny of a multitude, having commandment & power in his hands: so on the other part his M. will is, that the Bishops authority in any grave matter, be limited to the council of 13. of the most ancient, wise, & godly pastors of his diocese, selected out of the whole synodal assembly of the province: by whose advise, or at least the most part thereof, the weighty affairs of the church may be governed, to the glory of God, & quietness of the realm. Further, it is his highness will & commandment, that their bishops or commissioners, twice in the year, to wit, 10. days after Easter, & the 6. of September, hold their synodal assemblies, in every diocese, for the keeping of good order therein. And if any be stubborn, or contemn within their bounds the good order of the church, that it may be declared unto his Ma. & punished to the example of others, according to their deservings Neither is it his Ma. meaning or intent, that such bishops or commissioners as shall be appointed, shall receive their only & full commission of his Ma without admission ordinary, by such as are appointed to that effect in the church: but having his highness nomination, presentation, and commendation, as lawful & only patron, they to be tried and examined, that their qualities are such as they are able to discharge their cure & office. And if it shall happen any of the said bishops or commissioners, to be negligent in their office, or to be slanderous & offensive in their behaviour, life, & manners, in time to come, it is not his highness will, that they shallbe exempted from correction, notwithstanding any privilege of his highness estate, coum sell, or parliament, but their labours, travels, diligence, & behaviour, to be tried in the general assembly, not consisting of a confused multitude, as it was before, but of such worshipful persons, as is heretofore prescribed in his highness presence, or his deputies to that effect. Lastly, his majesty giveth commission to the said Bishops, or commissioners at their visitations to consider in what part of the country, the exercise, or interpretation of the scripture, by conference of a certain number of the ministery within those bounds, may be most commodiously once in every xv. days. For as his Ma. inhibits all unlawful meetings, that may engender trouble & contention in the country: so his Ma. is well affected, to see the ministery increase in knowledge & understanding, & by all means to fortify & advance the same. Wherein his highness commandment is, that a grave, wise, & sage man, shallbe appointed precedent, who may have the oversight of these bounds, & be answerable therefore to the bishop, his counsel & synod, & he to be respected reasonably for his pains, at the modification of stipends: that all things may be orderly done in the church, peace & quietness maintained in the realm, & we delivered from apparent plagues, & the blessing of God continued, to the comfort of our posterity. And in the mean time his highness inhibits and expressly forbids, under the pains contained in his Ma. acts of parliament, & all other pains arbitral, at his Ma. sight & counsel, that no Minister take in hand to assemble themselves for the foresaid cause, without the appointment & order taken by the said bishops or commissioners: whereby his highness may be certainly informed, that the foresaid Ministers assemble not, to meddle with any civil matters, or affairs of estate, as was accustomed before, but only to profit in the knowledge of the word, & to be comforted one by another, in the administration of their spiritual office: which his highness wisheth them faithfully to discharge, & then to call to God, that his Majesty may in a prosperous reign enjoy good and long life, and continue and increase into the fear of the Almighty. FINIS. THE KING'S majesties Intention. HIs majesties intention is, by the grace of God, to maintain the true and sincere profession of the Gospel, & preaching thereof within this realm. 2 His majesties intention is, to correct, and punish such as seditiously abuse the truth, and factiously apply or rather bewray the text of the scripture, to the disquieting of the estate, & disturbing of the common wealth, or impairing of his highness and counsels honour. 3 His majesties intention is, if any question of faith and doctrine arise, to convocate the most learned, godly, wise, and experimented pastors, that by conference of scriptures, the verity may be tried, and all heresy, and schism by that means repressed. 4 His majesties intention is, that for the keeping of good order in every parish, certain ouerseeers to the good behaviours of the rest, be appointed at the visitation of the Bishop, or visitor, who shall have his majesties authority, and officers of arms concurring for the punishment of vice. 5 His majesties intention is, to maintain the exercise of prophesy, for the increase & continuing of knowledge amongst the ministery: In which, a wise and grave man, selected by the bishop or commissioner, at the synodal assembly, shall render an account of the administration of those bounds, where the exercise is held: for which cause, some respect of living shall be had unto him, who sustains that burden. 6 His Ma. intention is, not to derogate, unto the ordinary judgement of matters of the church, by the ordinary Bishops, their counsels, and synods: but if any of them do amiss, and abuse their calling, to take order for correcting, amending, and punishing thereof. 7 His majesties intention is, not to hinder or stay any godly or solid order, grounded upon the word of God, and order of the primitive Church: but that the Ministers of the word meddle themselves only with their own calling, & judge not fearfully of the estate. 8 It is his majesties intention, that the presbyteries consisting of many Ministers and Gentlemen, at landwart or other ways, be no further tolerate in this his realm: but the excrcise of jurisdiction of all churches, to be in the hands of the Bishop or commissioner, and their counsels and synods. 9 It is his majesties intention, that the Bishops or commissioners assemble not any general assembly out of the whole realm, without his majesties knowledge & licence obtained thereunto: which upon supplication his highness will not deny: that an uniform order may be observed in the whole realm, & the Bishops & their diligences there tried and examined, & the complaints of every pertituler heard and discussed. 10 It is his majesties intention, to assist this assembly himself, or by a noble man of his counsel, his highness deputy. 11 It is his majesties intention, that when any parish findeth necessity of any fast, they inform the occasion to the Bishop or commissioner their counsel, that they may understand the cause to be lawful, as likewise the Bishop of the diocese findiug lawful occasion way within the same with his counsel prescribe any public humiliation. 12 It is his majesties intention, that a general fast throughout the whole realm, shall not be proclaimed but by his Ma. commandment, or by a general counsel, wherein his Ma. or his highness deputy is present. 13 It is his highness intention, that the Bishops in the realm in every diocese with their counsel, proceed into the ecclesiastical government, but as is said with a counsel, that both tyranny and confusion may be avoided in the church. 14 It is his highness intention, that commissioners be directed universally throughout the whole Realm to establish a godly order, and that his majesties commissioners take order presently for the translation of such ministers, whose travels they esteem may more conveniently and profitably serve in another place. FINIS.